Legal Question in Criminal Law in Massachusetts

: Is a gift, really a gift?

If tis is a legitimate gift, then the larceny complaint is just a ruse. This does not mean that an assistant clerk magistrate cannot find against you. Even with joint property, a party can still gift.

It would be useful to see the application for the complaint.

If you want to discuss this call me Monday.

Re: Is a gift, really a gift?

He can't give away something that's not 100% his... but he did, and now you're being charged with a crime. Larceny probably wouldn't hold, but something like "receiving stolen property" might. You have to be very careful and make sure that accepting his "gift" doesn't get you a criminal record. Feel free to call with additional questions.

Re: Is a gift, really a gift?

I have not researched this specific issue, so you may want to take my comments with a grain of salt, but my GUT instinct is more in line with Attorney Lebensbaum's comments. As co-owner of these items, I think your brother had a "right" (to use the police terminology you quoted in your question) to give you the TV and dog as gifts, even though they were joint property. (I'm not so sure about the jeep. In whose name was the title when you received it?) If your sister-in-law has a problem with those gifts being given to you, her proper avenue of recourse would be to pursue your brother, not you, and seek to have him reimburse her for the fair value of her interest in these items. Furthermore, I think this is a civil matter, not a criminal one, and so I don't think the potential criminal charge of receiving stolen property is a proper allegation either, and hopefully the clerk magistrate will agree when you go to court on Wednesday. But once again, I'm shooting from the hip on this, and this is only my gut reaction without having looked closely into this.

Re: Is a gift, really a gift?

I have not researched this specific issue, so you may want to take my comments with a grain of salt, but my GUT instinct is more in line with Attorney Lebensbaum's comments. As co-owner of these items, I think your brother had a "right" (to use the police terminology you quoted in your question) to give you the TV and dog as gifts, even though they were joint property. (I'm not so sure about the jeep. In whose name was the title when you received it?) If your sister-in-law has a problem with those gifts being given to you, her proper avenue of recourse would be to pursue your brother, not you, and seek to have him reimburse her for the fair value of her interest in these items. Furthermore, I think this is a civil matter, not a criminal one, and so I don't think the potential criminal charge of receiving stolen property is a proper allegation either, and hopefully the clerk magistrate will agree when you go to court on Wednesday. But once again, I'm shooting from the hip on this, and this is only my gut reaction without having looked closely into this.