Legal Question in Criminal Law in Virginia

I bought a jacket from a garage sale. About 2 days later, I found out that the coat was not the owner's to sell. It belonged to her daughter, and her daughter requested that I give it back. Her daughter said that she would return all the money that I paid for the jacket, including the cleaners bill, but I don't want to give it back. The mother apologized and said that she thought it was for sell, and that she would really appreciate it if I would give it back. Do I have to legally give the coat back?


Asked on 9/11/10, 10:42 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Probably, not, unless the daughter has you served with a Warrant in

Detinue from the local general district court.

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Answered on 9/17/10, 4:30 am
Michael Sprano The Sprano Law Firm, LLP

Your safest bet is to take the coat back. Arguably, the mother took the coat without permission, and you are now in possession of stolen property. At the time you bought it you did not have knowledge that it was stolen, but now you do.

To be clear, I do not think a case like this could be successfully prosecuted in court, but it is not outside the realm of possibility that you could be charged, especially if you refuse to give the coat back even though you now know it was sold by mistake. At that point you would have to hire a lawyer to defend you, and then pay additional money to get your record expunged when the case was finally dropped.

Technicalities of the law aside, common sense says that the coat belongs to the daughter. . How would you like it if someone sold some of your stuff by mistake? Just do the right thing and give the coat back.

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Answered on 9/17/10, 8:13 am


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