Legal Question in Criminal Law in New Jersey

Re: Past wrongdoing (theft) and being caught up to

Theft of Movable property 2C:20-2

If someone is criminally indicted for theft, at trial the judge will read to the jurors the following jury instructions of the law:

The following charge is to be used when the factual circumstances indicate an unlawful taking of personal property and the value of the property is in dispute. In other instances, reference must be made to 2C:20-2b to determine the degree of theft. See Charge # 2.291 on GRADATION OF THEFT OFFENSES. Note that 2C:20-2b(2) makes some offenses of the third degree regardless of the value of the property).

The indictment charges the defendant with (here read the indictment) . The statute on which the indictment is based is 2C:20-3a which reads in its pertinent part as follows:

To read the entire article, go to http://www.njlaws.com/theft_of_movable_property.htm

Re: Past wrongdoing (theft) and being caught up to

There is probably a statute of limitations of five years. Was the offense more than five years ago. You should give me a call.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatalaw.com

Re: Past wrongdoing (theft) and being caught up to

First, how long had the property been left there? A week, a month, a year? The longer, the harder it is for the ex to complain you acted improperly. Second, did you know where the ex-boyfriend was, and did you ever tell him to come get his property? If you didn't know where he was or how to give him notice you were going to dispose of the property, it is hard to fault you. If it was any significant period of time, you can argue the property was abandoned. You are not responsible for storing other people's property. Also, the smaller and more valuable the property (example: a watch worth $1,000 vs. an old sofa worth $100), the more likely a judge will find your actions inappropriate. The most likely outcome, if the judge feels you acted inappropriately, is to make you reimburse ex-boyfriend for the property.

Re: Past wrongdoing (theft) and being caught up to

I seriously doubt this is going anywhere so I would just calm down and continue to enjoy life and not stress yourself out. I wouldn't even talk about this. If the police call you at all or you get anything in the mail about this, call an attorney right away.