Legal Question in Criminal Law in Ohio

Advice on a stolen property case involoving my roommate.

My roommate and I have been having problems lately, she stole my cat and she is desperate for me to move out of the apartment. I don't have enough room to explain everything here. I got a call from the police about my roommate having property stolen. The police tell me that there was no forced entry into the apartment and some of my roommates personal belongings were missing. Ironically enough her missing items show up in her car the next day, but she is still pressing charges against me. I told the cops I would have to speak with an attorney before I said or did anything. The told me that they had one of my roommates bags that were stolen with fingerprints on it, and asked to take my fingerprints. This worries me a little because my roommate and I borrowed each others bags, clothing, jewelry, etc. all of the time. So it wouldn't be impossible for my fingerprints to be on her stolen property. The detective also told me I could get summons to court and it would be a jury deciding, and that he thinks that I either stole the property or had someone steal it. My question is; what are the laws concerning roommates and stolen property, also fingerprints on roommates property? Also, since when has it been guilty until proven innocent?


Asked on 3/10/06, 2:42 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Advice on a stolen property case involoving my roommate.

Guilty until proven innocent? Welcome to the real world of criminal defense. You are absolutely right to be concerned about what the police are asking you to do. While it is possible that the police are attempting to investigate what happened in order to "find the truth" it is just as likely that they are simply trying to find evidence to support a Theft charge against you.

Theft is either a misdemeanor or a felony, depending on the value of the property taken. Even as a misdemeanor, you can be sentenced to up to six months in jail and fined up to $1,000.00 on a Theft conviction. If the property has a total value of over $500.00, it could be a felony and you could be sentenced to prison.

Your initial instincts were right; I would not talk to the police or cooperate by voluntarily providing fingerprints until you are represented by a competent criminal defense attorney.

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Answered on 3/10/06, 2:48 pm


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