Legal Question in Criminal Law in Virginia

Re: Larceny

Well this is kind of a mess because if you say that you over-reacted and didn't mean it, then there is the danger they could charge you with making a false report.

It has been known to happen before in your County. I defended a case there not quite like that, but close enough.

Under no circumstances should he plead guilty!

I would say unless he or a bad attorney bungles it he would have a 90% chance of winning in court, because as your fiance he had access to your things, particularly if you are not willing to testify against him.

If I let someone use my car, I cannot report it stolen. Because I let them have access to it, they had my permission. They may have EXCEEDED the scope of my permission, but that is not a question of criminal theft. I let them use it.

If you do not want to press charges, I suggest that you (or a lawyer) write to the prosecutor and explain something like (this could use more thought, just a beginning idea) that you DID NOT UNDERSTAND the definition of theft in a situation like this where your fiance had access to use your stuff, THOUGHT IT WAS NECESSARY FOR INSURANCE (as you say), and through misunderstanding the law over-reacted.

(Don't say you over-reacted due to emotion because this is admitting to maliciously filing a false report.)

It would be better to let the prosecutor know sooner rather than later before they go to a lot of trouble getting a trial ready.

Especially if you are still going to marry him, I think a little legal advice would be very helpful to unravel this.

BTW: If you are actually married, you cannot be made to testify against your spouse.