Legal Question in Criminal Law in California

Recovering Posessions from Break up.

Had a bad break up, I went to the apartment (which is under my name as well) while he wasn't there, took all of my belongings which were rightfully mine. I also took 'his' big screen tv, because he refused to pay me back the 2,000 he owed me. Can I get arrested for stealing ''his'' property if he calls the police? I am guessing this is just a small civil matter that needs to be dealt with in small claims court?


Asked on 1/28/08, 9:45 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Recovering Posessions from Break up.

This would have been "just a small civil matter" had you not stolen your ex's property. That made it a criminal matter.

If your ex owed you money, you were the one with a small civil matter to deal with and you should have sued to resolve it. Instead, you stole your ex's property. It's true that he can sue you for the property's return, but that does not change the fact that you committed a crime.

You also should not be so quick to presume that this is a "small" matter. In California, stealing property worth more than $400 is grand theft and may be prosecuted as a felony. Since you seem to think the TV was worth about $2,000, you should not expect the police or prosecutor to believe it was worth less than $400.

You turned what was a routine civil matter into a potentially serious criminal case. You need to start taking it seriously.

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Answered on 1/28/08, 10:38 pm
Allen Farshi Law Offices of Allen Farshi

Re: Recovering Posessions from Break up.

The answer is yes. The $2000 debt is a civil matter. It does not provide the pretext for an unlawful taking of property belonging to your significant other. This matter has the potential to become a grand theft case (felony). You must begin damage control. Hire an attorney and do not talk to the police. Call if you hear from them.

Sincerely

Allen

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Answered on 1/30/08, 5:22 am


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