Legal Question in Criminal Law in Iowa

Theft

My fiancee' is being charged with theft. A package was delivered via UPS a few months ago and he signed for it without looking at the name, and the delivery man walked off before he could get it to him. Figuring they'd come back for it, he put it on the kitchen counter. His roommate found it and opened it. It was a digital camera; she gave it to a friend as a going away present without telling him (my fiancee'). Police investigators tracked the package and have traced it back to him and are holding him responsible. The owner of the camera wants it back, but is not pressing charges. The court is still having a trial for him, though, and is planning to fine him. Is there any way around this, or to get it waived from his record, since it's (a) a first time offense, and (b) was completely unintentional?

Thank you.


Asked on 2/03/06, 12:35 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Theft

If it is a first time offense he can ask for a deferred judgment which will keep it off his record for the most part. He can also roll the dice and go to trial. His roommate can also step up to the plate and maybe it might go away depending on what county he's in.

A lot of the outcome will have to do with what he did when he discovered the roommates's activity. Did he take any steps to disassociate himself with the theft? Did he call the police? Did he call UPS? What did he do when he found the opened package?

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Answered on 2/03/06, 9:10 am


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