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  1. #1

    Default Possible Stolen Property Charge

    My question involves criminal law for the state of: Kentucky
    so my question is this.
    my ex-girlfriend and i lived in a house together, when i moved out i took my stuff with me, some of these items included a bowflex total gym and abscissors.
    well after three years of me complaining to her about getting the rest of my personal effects from her she called the cops and said i stole thos pieces of equipment off her back porch. they have been with me every since i left. the cops are hounding me to come up with proof before they charge me with stolen property. he says its probable cause to do so since they are in my garage that is leaky and says they look weathered like they were outside. she has no proof that i did or did not do anything. i tried to tell the police ive had them and gave them the invoice on one of them but i have no proof for the others and he says if i dont i will be charged. how does this work i have to prove i did nothing wron but she doesnt have to prove anything? i cant believ that to be true. please help thanks spider_2099_99

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Kentucky Possible Stolen Property Charge

    The police are conning you.

    She has to prove ownership. If the police/da arrest you, they have the burden of proof. Not you. You don't have to prove anything, but that will certainly help if you can.

    Didn't you have help moving them? Did anyone around there see you moving the stuff? It would be great if they witnessed you moving the equipment with your ex watching. Hasn't anyone else been over to your house to see the stuff? They can testify. And yea, like right, she was working out.

    These items are typically purchased ON-LINE. That means using a debit or credit card. You can get this info from the credit card company or the bank, assuming you bought this on your card. If it was bought on the girlfriend's card, you are screwed.

    If they were shipped to you, get the paperwork from the seller with the shipping information.

    But worse case, she bought them for you as a gift and never used them and gave you permission to take them when you moved out. She then changed her mind, but never asked for them back. She went to the police because she just wants to cause you injury. She never asked for the equipment.
    She will be unable to show any demand for the equipment back, and I would argue that proves your point, she doesn't give a rat's ass about the equipment, she just wants to get you into trouble.

    Obviously if she claims it was outside, she wasn't using it. In addition, a criminal charge would have to be on the current value of the equipment (rust and all), NOT what it cost new. That would make it a more minor charge.

    Also, if you can prove you made ANY payment on the equipment (even $10), it then becomes a CIVIL matter. You can not be arrested. Merely making a payment on someone else's credit card might not be enough though.

    In ANY deal, sale, contract, etc. if there is ANY payment, it is a civil matter. For instance, true case, someone buys a boat and pays $500 down. There is an agreement for additional payments of $5,000 and none of them are paid. The boat seller wants the police to arrest the buyer. Won't happen. It is a civil matter. If the police did make an arrest, they could be sued into the ground, as could the person making the complaint.

    I doubt any sa/da would pursue charges in such a flakey case, but that would not stop the police from arresting you.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possible Stolen Property Charge

    You can help yourself by producing receipts, or any other evidence you have that your ownership predates the relationship or that you made the purchases. It's implicit in what you have said, though, that she has offered no proof of ownership either - had she done so, the question would already be resolved. I can't promise that a prosecutor would pass on the report, but if I were the prosecutor I would declare it a civil matter and decline charges.

    If you've had possession of the items for three years, surely somebody has seen them in your possession during that time.

  4. #4

    Default Re: Possible Stolen Property Charge

    and i told the police man that. he talked to them. the reciept i gave him shows ownership. my sister bought it for me and told him that. the invoice also shows the last 4 digits of the credit card number. he said he would talk to my ex and see what she has to say. ive never done anything wrong, ever. i think this is bogus, how she say that and i can be treated this way.

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