This rings very true which is why I can believe it. I have seen this scenario played out a number of times. However, I know that when *I* would give such advice, I'd caution the caller that my opinion was not definitive and was only my thought on how it would play out. I suspect the officer/dispatcher may have used such language as well ... "Well, you probably will not get into trouble, but, it's up to you what you want to do with it." If they gave you an absolute, "That's okay, you're good!" then they were out of line and need a good talking to because they put you at legal jeopardy ... sort of. I still contend that the DA is not going to waste time with what is ostensibly a civil matter. Given the relationship, your living together, his being able to pack and move at his leisure and leaving the items behind, your attempting to make contact AND asking the police, would all seem to play against the requisite intent to deprive required for the crime.Quote:
Quoting Kam0526
Can You Be Charged With Theft for Selling Your Ex's Property
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07-30-2016, 07:50 PMcdwjavaRe: Can You Be Charged With Theft for Selling Your Ex's Property
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07-30-2016, 07:52 PMjkRe: Can You Be Charged With Theft for Selling Your Ex's Propertyif the police are talking to you about this, they are investigating it as a possible crime. You would be wise to not say anything that could incriminate you (although I suspect that horse is already out of the barn).Quote:
After this officer calls me tomorrow, i will post on here what he says about the recording & whatever else he wants to talk to me about.
thats good because they investigate the matter and let the prosecutor handle it.Quote:
This is just one big confusing mess & i honestly think the police officers didn't even know how to handle it.
It's beyond not nice. It is at least civilly actionable and at most, a criminal act. I have no doubt it is a criminal act. Whether the prosecutor picks it up and charges you is the only question (and I to suspect they won't but that does not alter the facts)Quote:
Thats why he said he would look into everything & contact me on sunday. I understand selling the ps4 was not a nice thing to do.
a whopping 2 days? and by your own admission there was no response. Are you certain he even received your request to remove it from your property?Quote:
. But when you are bugging someone to get it and they don't & then you have a dispatcher tell you that your allowed to sell it (if it has been 2 days since the last time i told him to come get it) then what would you have done?
because that is what the law often requires. Its not like its filling up an entire room. Its a thing the size of a shoe box. You could have put it in a closet.Quote:
I was under the impression that i could not get in trouble & he obviously didn't care enough about it to come get it so why just let it sit in my living room for months?
then both of them should be fired for giving legal advice, and incorrect at that.Quote:
. But i just wish people could see my point of view, i mean the dispatcher even put me on hold to ask an officer that was in the station (at least that's what she said she was putting me on hold for) so if that's the truth then not only did she say it was okay, but a cop did as well.
Ok, for future reference: the police nor a police dispatcher cannot provide legal advice.Quote:
If i would of known a dispatcher & an officer is not entitled to find out advice like they did, i would have never called them in the first place.
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07-30-2016, 08:37 PMKam0526Re: Can You Be Charged With Theft for Selling Your Ex's Property
[QUOTE=jk;964762]if the police are talking to you about this, they are investigating it as a possible crime. You would be wise to not say anything that could incriminate you (although I suspect that horse is already out of the barn).
thats good because they investigate the matter and let the prosecutor handle it.
It's beyond not nice. It is at least civilly actionable and at most, a criminal act. I have no doubt it is a criminal act. Whether the prosecutor picks it up and charges you is the only question (and I to suspect they won't but that does not alter the facts)
a whopping 2 days? and by your own admission there was no response. Are you certain he even received your request to remove it from your property?
Noo, i had asked him multiple times to get his stuff over a period of a few months & yes he did receive the messages because he would reply, but only to talk crap to me for leaving him. . I said the dispatcher said "as long as its been 2 days since the last time you told him" & the dispatcher gave me FULL permission, there was no "my opinion" she straight up said do what you want with it & i said "so i forrr sureee cannot get in trouble" & she said as long as its been 2 days & you have proof of you telling him to come get it then no you cannot get it trouble. This is why i cannot wait for the officer to listen to the recording! -
07-31-2016, 11:46 AMqwaspolk69Re: Can You Be Charged With Theft for Selling Your Ex's Property
Dispatchers cannot "give you permission" to do anything.
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07-31-2016, 02:31 PMKam0526Re: Can You Be Charged With Theft for Selling Your Ex's Property
[QUOTE=qwaspolk69;964831]
Well i didnt know that til after the fact. If im gonna get in trouble, then so should the dispatcher.Quote:
Quoting Kam0526
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07-31-2016, 02:56 PMcdwjavaRe: Can You Be Charged With Theft for Selling Your Ex's Property
[QUOTE=qwaspolk69;964831]
But, if the dispatcher and officer did say that, it kinda mitigates the OP's culpability. And, even if she had not sought their advice on the matter, this is still not the kind of case I would see a prosecutor wanting to waste a ton of resources on. No matter how it pans out I see this as a punt with a suggestion that the ex go to small claims court.Quote:
Quoting Kam0526