Shoplifting, Larceny, Robbery, Theft Pety Theft in MA

[MissB]

My boyfriend and I are having a problem with an ex friend that could become ugly. The story is long and there are a lot of details so I will try to make this quick.

*Name has been changed.

I am 19
My boyfriend is 19.
Tim is in his 20's
J is 17 [16 when this happened]
Chris is 19 [18 when this happened]

At one point my boyfriend's friend *Tim had about an oz. of marijuana that he gave my bf because he needed to unload it. My bf proceeded to give it to his two friends *J and *Chris. A couple weeks later J said he didn't have the money and needed some time to pay it back [which he did]. J knew that if Chris did not have his half he would be held responsible. Monthes went by and we found out that both J and Chris has been in jail when they were younger for forcible rape of a child uner 10. Eventually Chris was arrested and is now in jail. J and my boyfriend fought it out for awhile and then my boyfriend went into his unlocked house when no one was home and took about 45 DVDs. Days later when J and his Dad returned - they came to my house and confronted my boyfriend. He gave back about 35 of them - all in the condition they left - but he had sold 10. J's Dad was furious and wanted to call the police, but didn't because his son would also be in trouble if this all came out. That was about three monthes ago. Since then we have hung out with J and we have given his Dad $140 for the DVD's he had to replace, most of which were second hand. He now wants another $60.00 He claims that if we do not give him more money he will press charges. My boyfriend knows he was wrong, but now J's dad is trying to blackmail us. Today J's dad asked me if I wanted to pay off my boyfriends debt by stripping for him - and then proceeded to tell me that his son will tell my boyfriend that I cheated on him with J, which is 100% not true.

I understand that this all sounds very immature and it is, but these are immature people we are dealing with. Morally my boyfriend was wrong. I am not asking for anyone to tell me morally what I need to/should do. Legally after three months, and after we have given him money, can he really do anything? What is the statue of limitations? What kind of trouble can my boyfriend and me for that matter get into if they go forward and call the police? Both my boyfriend and I both have clean records and have never been in trouble with the law before. J has 1 charge that I know of which is forcible rape of a child under 10. Anything anyone can tell me would really help. I just want this matter settled and put behind us. ​

 

[NYClex]

What a mess. Let's try to sort this out.

If I understand that correctly, the "debt" that ocurred here first was for the sale of pot. As you should be aware of, selling pot is illegal. Therefore no contract to sell pot can be made, such a contract the law would consider void. Therefore you cannot claim payment for it. Example: A sells 1 pound of pot to B, B promises to pay $ 500. B never pays. A cannot go to court and and ask the court to make B pay, because the contract was illegal and therefore void. The court will not help A get his money.

Now the next thing that happened was, if I understand correctly, that to satisfy this "debt" someone took property from someone else. This doesn't work either. Example:

A from the above example now goes to B's house and takes out a stereo system that is worth $ 500. A thinks he has a right to it, since B owes him the money.

As we have established before, A had no claim against B, therefore the taking of the stereo system is unlawful. It doesn't even matter if the stereo system actually belongs o C and not B, the taking was unlawful.

Therefore A now faces these claims and charges:

-he committed a conversion of B's (or C's) property, so he has to pay to B (or C) the value of it.

-he probably also committed trespass to B's (or C's land) for which he can be made to pay damages to B or C.

-he possibly committed a burglary for which he can be criminally charged.

-he committed a larceny (taking the stereo set) for which he can be criminally charged.

Of course there is also the criminal charge for selling drugs in the background which can be an aggravated charge if he sold to minors. That alone can land him in prison for some years, depending on the state.

 

[freedomfighter4]

Interesting story

How did this one turn out, I'm sure lots of people are interested.