Legal Question in Criminal Law in Kansas

Unfortunately I have to be the bearer of bad news. If you are caught stealing and you return the property you can still be prosecuted. Theft is defined in Kansas as the obtaining or exerting unauthorized control over property with intent to deprive the owner permanently of the possession, use, or benefit of the property. K.S.A. 21-3701(a) (To learn more, read K.S.A. 21-3701 in its entirety).

The important thing to notice about this statute is that retaining the property after the initial unauthorized control over the property is not required to qualify for theft. In other words, you can take property with the intent to steal it (permanently deprive) , decide to give it back, and then after returning it you can be prosecuted for theft. With this particular issue I would highly recommend retaining an attorney.

As far as your other question, you are not eligable for unemployment benefits if you are fired from a job because of misconduct related to the job. If you would like to learn more, a good resource is https://www.uibenefits.dol.ks.gov/HelpEligibilDisqual.asp#disqualifyfired.

If you would like to discuss these issues in greater detail, I offer a free initial consultation. Feel free to call me at (785) 274-9040 or email me directly at [email protected]. Best of luck.

Sincerely,

Adam Mack

Note: The above response is provided for legal information purposes only and should not be considered legal advice; it does not create an attorney-client relationship. If you would like to request follow-up visit for confidential advice on your specific situation, we can offer further consultation in person, by telephone, or by email. Please visit our website atwww.kansasjustice.com and click on contact us to request more information or call us at (785) 274-9040.