Re: Grand Larceny vs. Gift
first, how old are you and how old were you when the computer was purchased?
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after moving out, she "held the pc hostage" and wouldnt allow me to have it, even though it was a gift.
and what leads you to believe it was a gift? can you support your claim of a gift?
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she has had no access to this computer, since its purchase date, it has been password protected and has only my pics, music, bookmarks, etc. etc.
irrelevant
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i do also have witnesses that have seen me with the pc outside of her household for an extended period of time since i was not residing at her house for a while.
irrelevant
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can she take it back and legally file a suit against me?
No. She could do one or the other but if either is a legitimate action would depend on the totality of the situation.
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she told my bf that she was filing a police report at that moment for grand larceny and she hopes he has bail money...
I doubt the police would actually arrest but they have done stranger things. With a family dispute like this, the recommended action would be to sue the other party in civil court.
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can i be charged with larceny?
sure but will the charge be sustainable? That would depend on the entire situation.
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even if she has proof that she bought it?
I bought my wife some handy dandy appliances so she could do more housework. I have the receipt but I gave them to her as a gift. That means the appliances are hers.
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if she called the police, will i go to jail upon be arrested or will it go to court?
I would doubt you would be arrested if your explanation is believable. Doesn't mean you won't be, just I don't believe you will be based on your explanation of the story.
Re: Grand Larceny vs. Gift
i am 20 and i was 20 when she purchased it.
i know it was a gift because i selected it from the store because there are diff color options and she bought a laptop for herself at the same time, its all on one receipt, the mcafee is registered in my name, as is the pc thru acer's repair department wheni thought i was having issues. i guess ill just call the precinct tomorrow and see if shes filed anything against me and at that point ill determine what happens...
thanks.
Re: Grand Larceny vs. Gift
You never said she said the magic words:
this is a gift.
short of hearing that, she can claim she bought it for you to use but retained ownership herself.
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i know it was a gift because i selected it from the store because there are diff color options
I have done similar things and allowed the person to choose options because I intended on them using the item, not me. Still retained ownership.
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she bought a laptop for herself at the same time,
is there something wrong with a person owning more than one computer? I hope not. I own about 5. I have friends that have literally dozens. They own them all. If they were to loan one to a person, it would not mean they no longer own it.
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its all on one receipt,
well, you'll have that when you buy more than one item at a time. Doesn't mean anything.
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mcafee is registered in my name, as is the pc thru acer's repair department wheni thought i was having issues
Finally, here is some support for your contention that it was bought for you. Still not proof but very solid support. There are reasons one could do what she has and still retain ownership but...
Who has the computer now? If she does, then she cannot file any sort of theft or illegal possession charges against you.
If you have it in your possession, she could always file but as I said before, I suggest a prosecutor would most likely refuse to prosecute such a case since there is no clear criminal act due to the disagreement of ownership. I would think the prosecutor would simply defer to the civil courts.