Shoplifting, Larceny, Robbery, Theft Theft

[sarah smith]

Jurisdiction

Minnesota

This girl and I aren't friends and she's a very mean person and has said very mean things to me but just recently was kicked out of her old friends apartment and she left her old iPhone at the apartment that doesn't have service so I threw it in a pond and long story short, cops called me saying I need to find it or else I'm being charged with theft. I don't think I'm going to find it, I have nothing on my record previously, what's going to happen?

 

[army judge]

Probably nothing, or very little, as long as you use your RIGHT to remain silent and resist the temptation, unlike you did here, to blsb, yammer, and tell what you did.

If things are as you say, no one can prove you did anything, no matter what others might think, unless you rat yourself out.

 

[sarah smith]

Probably nothing, or very little, as long as you use your RIGHT to remain silent and resist the temptation, unlike you did here, to blsb, yammer, and tell what you did.

If things are as you say, no one can prove you did anything, no matter what others might think, unless you rat yourself out.

The "old friend" already ratted me out and I confessed to the cops and searched for the phone for hours and couldn't find it. The first cop said I was going to be criminally charged with gross misdemeanor theft and then I asked worst case scenerio I can't find it, what's gonna happen and a cop (I don't know if it was the same one because it was over the phone) said the girl would take me to court and it would be settled by buying her a new phone or giving her money (even though her grandmother paid for the phone). So is it criminal or civil? How likely will I have theft on my record if I've got no previous offenses?

 

[zddoodah]

This girl and I aren't friends and she's a very mean person and has said very mean things to me but just recently was kicked out of her old friends apartment and she left her old iPhone at the apartment that doesn't have service so I threw it in a pond and long story short, cops called me saying I need to find it or else I'm being charged with theft.

That's one heck of a run-on sentence.

Let's start with the following: Why/how did you come into possession of this girl's phone? You wrote that "the apartment . . . doesn't have service so I threw it in a pond." Are you suggesting that the apartment not having service somehow justifies you throwing someone else's phone in a pond? Why would you do such a thing?

what's going to happen?

You might get charged with theft, but I would think damage to property would be a bit more sensible given what you told us. Might be a good idea to see if everyone involved will let this go if you buy the victim a new phone.

So is it criminal or civil?

Both. What you did is a crime (see the link I provided above). You could also be sued in civil court for the value of the phone.

How likely will I have theft on my record if I've got no previous offenses?

No one here can assess this. That you don't have any prior offenses only means that you might get cut a break on this one, and buying a replacement phone might go a long way toward that. It otherwise has no relevance here. Every criminal has a first crime on his/her record.

 

[sarah smith]

That's one heck of a run-on sentence.

Let's start with the following: Why/how did you come into possession of this girl's phone? You wrote that "the apartment . . . doesn't have service so I threw it in a pond." Are you suggesting that the apartment not having service somehow justifies you throwing someone else's phone in a pond? Why would you do such a thing?



You might get charged with theft, but I would think damage to property would be a bit more sensible given what you told us. Might be a good idea to see if everyone involved will let this go if you buy the victim a new phone.



Both. What you did is a crime (see the link I provided above). You could also be sued in civil court for the value of the phone.



No one here can assess this. That you don't have any prior offenses only means that you might get cut a break on this one, and buying a replacement phone might go a long way toward that. It otherwise has no relevance here. Every criminal has a first crime on his/her record.

I mean the phone didn't have service because it was her old phone. She left the phone, along with a old computer, clothes, and her cat at the apartment she was kicked out of for not paying rent to the other roommates. She texted my friend saying pretty much keep the shit you need it more than I do. She has harassed me online and has messaged me telling me to kill myself so that is why I took the opportunity to throw her old phone in a pond. Will her texts saying keep the shit you need it more than I do, help my case in court? She has a criminal record and I don't. She lied to the cops about paying rent and how she forcefully was kicked out when we have proof of her saying she is not going to pay rent and proof of her spending 3 hours packing up her stuff and leaving.

 

[army judge]

The "old friend" already ratted me out and I confessed to the cops and searched for the phone for hours and couldn't find it. The first cop said I was going to be criminally charged with gross misdemeanor theft and then I asked worst case scenerio I can't find it, what's gonna happen and a cop (I don't know if it was the same one because it was over the phone) said the girl would take me to court and it would be settled by buying her a new phone or giving her money (even though her grandmother paid for the phone). So is it criminal or civil? How likely will I have theft on my record if I've got no previous offenses?

You have the the RIGHT not to talk to the police.

You chose to ignore that RIGHT and blabbed.

The other person may have ratted you out, but unless you gave yourself up by BLABBING, the cops had NOTHING.

I doubt anymore will come of this, however, if it does use your RIGHT to say NOTHING.

If Lil Bo Peep complains because you destroyed her sheep, let her sue you.

She can't prove you did anything unless you get the urge to TESTIFY against yourself.

The best thing you can do now is NOTHING.

 

[sarah smith]

You have the the RIGHT not to talk to the police.

You chose to ignore that RIGHT and blabbed.

The other person may have ratted you out, but unless you gave yourself up by BLABBING, the cops had NOTHING.

I doubt anymore will come of this, however, if it does use your RIGHT to say NOTHING.

If Lil Bo Peep complains because you destroyed her sheep, let her sue you.

She can't prove you did anything unless you get the urge to TESTIFY against yourself.

The best thing you can do now is NOTHING.

Alright so I'll just keep my mouth shut and wait for the letter in the mail. I called the cop and said to call me back and I was going to tell him I couldn't find the phone. Should I even answer when he calls me? The cops got a confession so even in court I can't say that I didn't do it? So I'm the case I do go to court I can't lie and say I didn't do it when already confessed to cops. The cop said he would hold off on reporting it until this morning in case I found it and I didn't find it so I called him and left a message only saying call me back. When he calls me should I answer and say I didn't find it or should I not answer and have him report it and charge me?

 

[army judge]

Alright so I'll just keep my mouth shut and wait for the letter in the mail. I called the cop and said to call me back and I was going to tell him I couldn't find the phone. Should I even answer when he calls me? The cops got a confession so even in court I can't say that I didn't do it? So I'm the case I do go to court I can't lie and say I didn't do it when already confessed to cops. The cop said he would hold off on reporting it until this morning in case I found it and I didn't find it so I called him and left a message only saying call me back. When he calls me should I answer and say I didn't find it or should I not answer and have him report it and charge me?

So you blabbed.

Before you blabbed, did the cops read you your Miranda Rights?

Doesn't matter if they did or didn't.

If the cop calls back, block his number.

If he arrests you, you get arrested.

Now this matters.

If they ask you about ANYTHING, other than your name, address, date of birth, etc..., you say this, "Sorry, but I will use my RIGHT to remain silent, and I want a lawyer."

If they ask you anything about that case, or any other case, don't open your mouth.
If they ask to see your drivers license, your name, address, age, etc..., answer them honestly.

If they ask about any crime, just stop talking.

When you get to court, plead NOT guilty, and aks the judge if you qualify for a public defender, and if you do, request one.

That's who you blab to, your lawyer.

But, no lawyer worth his or her degree is going to ask you if you killed the old lady, stole the neclace, raped the baby, or threw an old iPhone in a lake.

You might get arrested, but if you do exactly as I've suggested, you'll never be convicted.

 

[zddoodah]

She texted my friend saying pretty much keep the shit you need it more than I do.

If, in fact, you are charged with a crime and/or sued, this might be an important piece of evidence, so make sure it gets saved.

She has harassed me online and has messaged me telling me to kill myself so that is why I took the opportunity to throw her old phone in a pond.

Fighting bitchery with bitchery. Got it. You know you can block people on your phone, right?

As far as talking further with the cop, since you've already confessed to what you did, I don't really see how you can damage yourself further. However, saying less is always better, and certainly do not lie.

 

[sarah smith]

So you blabbed.

Before you blabbed, did the cops read you your Miranda Rights?

Doesn't matter if they did or didn't.

If the cop calls back, block his number.

If he arrests you, you get arrested.

Now this matters.

If they ask you about ANYTHING, other than your name, address, date of birth, etc..., you say this, "Sorry, but I will use my RIGHT to remain silent, and I want a lawyer."

If they ask you anything about that case, or any other case, don't open your mouth.
If they ask to see your drivers license, your name, address, age, etc..., answer them honestly.

If they ask about any crime, just stop talking.

When you get to court, plead NOT guilty, and aks the judge if you qualify for a public defender, and if you do, request one.

That's who you blab to, your lawyer.

But, no lawyer worth his or her degree is going to ask you if you killed the old lady, stole the neclace, raped the baby, or threw an old iPhone in a lake.

You might get arrested, but if you do exactly as I've suggested, you'll never be convicted.

I was face to face with the cop last night and he asked for my first name and that's it. Said go find the phone and drop it off at the department if you find it. He didn't read any rights. Didn't ask for my ID. Didn't say anything about arrest. Just said could be gross misdemeanor of theft or she will take you to court and you'll come to an agreement if giving her $700 or a new phone. I don't think the cops knew it was her old phone. She stated over text to my friend who lives in the apartment "keep my shit you need it more than I do" so if this all goes down and I get a lawyer, can my lawyer use that to help me? Atleast to have a chance of dropping it to damage of property and not theft?

 

[army judge]

an my lawyer use that to help me?

Possibly, but you haven't been charged.

There is no EVIDENCE of a crime.

Hell, there is no EVIDENCE that Lil Bo Peep ever had a phone.

There is certainly no evidence YOU even touched the phone, even if you said you threw it in the lake.

You, as are many criminal defendants, your own worse enemy because you just can't resist talking, explaining, having your say.

So far there is NOTHING but allegations.

So a guy is a cop, so what?

All he has is a shiny badge and gun, and ability to arrest stupid people.

Allegations aren't evidence or proof, they're just allegations unless you make them something else.

A fish opens his mouth, bites into a worm, and gets a hook.

That's the same with blabbing.

The cop doesn't want to hear your story.

The cop wants you admit to whatever it is that needs to be solved.

You can't lie to the cop, but he can lie to you to get you to confess.

These videos explain it all:

 

[sarah smith]

Possibly, but you haven't been charged.

There is no EVIDENCE of a crime.

Hell, there is no EVIDENCE that Lil Bo Peep ever had a phone.

There is certainly no evidence YOU even touched the phone, even if you said you threw it in the lake.

You, as are many criminal defendants, your own worse enemy because you just can't resist talking, explaining, having your say.

So far there is NOTHING but allegations.

So a guy is a cop, so what?

All he has is a shiny badge and gun, and ability to arrest stupid people.

Allegations aren't evidence or proof, they're just allegations unless you make them something else.

A fish opens his mouth, bites into a worm, and gets a hook.

That's the same with blabbing.

The cop doesn't want to hear your story.

The cop wants you admit to whatever it is that needs to be solved.

You can't lie to the cop, but he can lie to you to get you to confess.

These videos explain it all:

My dad is telling me to work with the cops and answer when the cop calls me and tell him I couldn't find the phone. (1) Im not sure if I should remain silent and wait till I get a charge in the mail or if I should talk to the cop and tell him the phone was not found? I know that the girl who's phone it is, said that SHE is pressing full charges and since the cop didn't ask for my ID or anything last night,(2) does this mean it will be a civil court deal and I won't get theft on my record?

 

[zddoodah]

Im not sure if I should remain silent and wait till I get a charge in the mail or if I should talk to the cop and tell him the phone was not found?

Despite your use of a question mark, this sentence isn't a question. If it was intended as a question, I'm not certain what you intended to ask. "army judge" has already given you his opinion about what you ought to do. I happen to disagree, but neither of us are personally vested in your situation, and you don't know either of us from Adam. It's your decision to make, and the only recommendation I'll give is that you speak with a criminal defense attorney.

the girl who's phone it is, said that SHE is pressing full charges and since the cop didn't ask for my ID or anything last night,(2) does this mean it will be a civil court deal and I won't get theft on my record?

A private citizen cannot press criminal charges. It is possible -- but by no means certain -- that, if you replace the phone, the cops will let it go. Beyond that, whether the cops will refer the matter to the prosecuting attorney to file charges is something no one here can intelligently predict.

 

[army judge]

My dad is telling me to work with the cops and answer when the cop calls me and tell him I couldn't find the phone. (1) Im not sure if I should remain silent and wait till I get a charge in the mail or if I should talk to the cop and tell him the phone was not found? I know that the girl who's phone it is, said that SHE is pressing full charges and since the cop didn't ask for my ID or anything last night,(2) does this mean it will be a civil court deal and I won't get theft on my record?

You have to decide whose advice you value.

My feelings wouldn't be hurt if you chose to ignore my suggestions.

I can only add that in the 40 plus years I've practiced law not one of my clients has ever been convicted, if he or she followed my directions.

That said, I was personally overseeing the matter, which I'm not in your situation.

Did you watch the videos?

Professor Duane dispenses excellent advice.

 

[mightymoose]

The best thing you can do for yourself is forget the phone ever existed. Surely you have no idea what they are talking about and have no information to share.

Theft would not be an appropriate offense for what you describe. Vandalism would be more appropriate, but even then it sounds better suited for a civil complaint.

Just because the phone did not have service does not mean it had no value. You could be held responsible for the value of that phone, but it is likely not $700 if it was an old model.

I must be confusing you though, because you don't know anything about any phone.