Legal Question in Criminal Law in Louisiana

How can they continue to prosecute??

A friend was given a computer by someone to repair for them. The person that was repairing the computer was unable to get the computer returned to the owner exactly when they wanted it back. The owner of the computer and the person repairing never fixed a date for it to be returned. The owner then gets upset and files charges for theft of the computer. The repairer gives the computer back to the owner a few months later. The warrant is still in effect at this time. The warrant then 2 years later was exicuted the repairer was arrested and is being charged for theft of a computer he has returned to the owner. The owner is still upset it took so long to get it returned they are refusing to drop the charges. How can and under what right can the district attorney prosecute for theft of the computer when the owner has told the district attorney it has been returned to them? Doesn't that no longer make it theft? Their computer was returned.. Can't the district attorney decide not to prosecute considering this is a civil matter only now???


Asked on 9/10/08, 1:31 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: How can they continue to prosecute??

Just because you return property does not mean a theft did not take place. Many people get their property back after a theft but that does not make it any less of a theft. If a person robs a bank and is caught outside on the sidewalk and the money is returned to the bank, has no crime been committed? What is troubling, is that you think the charges should be dismissed because the "owner has his computer back," and not because this was a repair situation. If your friend did not return the computer when asked, he could be charged with "unauthorized use of a movable." So, if this is truly a situation of "taking too long to fix the computer," I would tell your friend to sue the hell out of the computer owner, because there was no intent to permanently deprive the owner of his property. I assume he is charged with a felony so I would file discovery motions and for a Preliminary Examination. Was the computer fixed? If so, how much was the charge and did your friend get paid?

Read more
Answered on 9/10/08, 2:08 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana