Shoplifting, Larceny, Robbery, Theft Larceny vs. Attemped Larceny

[hit_man2008]

I have been charged with a larceny over 200 under 1000. I went onto the property of the plaintiff and was looking at old farm equiptment that was junk, sunken into the ground, not used for 10+ yrs. I moved some of the items but NEVER took them off the property. Will this larceny stand in court?

 

[army judge]

If the facts are as you've stated, you didn't commit larceny.

Larceny is defined as the taking of the personal property of another with the intent to permanently deprive.
If all you did was look, the worst you may have done is committed trespass.

I suggest you speak with an attorney, plead not guilty, hire that attorney, (or ask the court to appoint one for you, if you can't afford to hire one), and admit to nothing, confess to nothing, and above all do not speak to the police or the prosecutor about any of this!!!!!

 

[mightymoose]

It depends on how you "moved" the items.
Did you move them into the bed of a pickup? Did you just move them aside from where they were? Did you move them in such a way that they can prove your intent to take the items?

 

[hit_man2008]

full description: my brother and i went on the neighbors property moved the objects which included an engine and some farm equiptment over to an opening on HIS property where it would be more easily accessed. My brother removed a cotter pin from a piece of equiptment in order to obtain a 200 pound fly-wheel. we left to get a vehicle to actually "commit the crime" and were met on the edge of both our property lines and we quickly left. 20 mins later the cops showed up. fully cooperated with the law because we didnt know we were even in trouble. cop came back later with our dolly that we used to move equiptment. my brother was charged with attempted larceny. i am being hit with a larceny. We never removed any equiptment from his property just moved it about 10-20 yards to be more easily accessed. WILL THIS STAND IN COURT? thank you for your time and concern.

 

[army judge]

full description: my brother and i went on the neighbors property moved the objects which included an engine and some farm equiptment over to an opening on HIS property where it would be more easily accessed. My brother removed a cotter pin from a piece of equiptment in order to obtain a 200 pound fly-wheel. we left to get a vehicle to actually "commit the crime" and were met on the edge of both our property lines and we quickly left. 20 mins later the cops showed up. fully cooperated with the law because we didnt know we were even in trouble. cop came back later with our dolly that we used to move equiptment. my brother was charged with attempted larceny. i am being hit with a larceny. We never removed any equiptment from his property just moved it about 10-20 yards to be more easily accessed. WILL THIS STAND IN COURT? thank you for your time and concern.

Get a lawyer. Hire a lawyer or ask the court to appoint one for you. STOP talking. Yes, you want to talk, but TALK will destroy you. STOP talking to anyone BUT your lawyer. Prosecutors sometimes BROWSE the internet.

 

[mightymoose]

With your additional info- yes, the attempted larceny is a legitimate charge. Whether or not they can really make it stick is another question. It is quite possible that an attorney could either make this go away or turn it into the lesser trespass charge as mentioned above.... but yes, the attempt was clearly made.
Don't talk to police. Talk only to an attorney.

 

[hit_man2008]

I am not being charged with an attempted larceny. I am being charged with a larceny. And I am not getting an attourney.

 

[army judge]

I am not being charged with an attempted larceny. I am being charged with a larceny. And I am not getting an attourney.

Are you planning on being your own attorney?
That isn't wise.
This is a complicated case.
You can be acquitted.
But, not without prose legal representation.
You might want to rethink your approach.

 

[mightymoose]

I am not being charged with an attempted larceny. I am being charged with a larceny. And I am not getting an attourney.

You can make use of the public defender, most likely.
The correct charges will be sorted out in court. The wording of your state statute may be important here. It is possible that simply having moved the property from one location to another that the theft was completed, and was more than just an attempt.