If someone leaves an item with you, and then never returns is it theft?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone leaves an item with you, and then never returns is it theft?
I was a manager in a halfway house in Florida. There was a client who left his
musical instrument with me and then went on a long drug run. I since left the
house and the guitar magically disappeared. Now months later, he is saying that I
gave it to someone else, is threatening to call police and demanding money for
it. This all happened in late april and he now wants to bring it up. Is this
grounds for theft, or him trying to scare me? Any advice helps
Asked on August 22, 2017 under Criminal Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The individual has no case of theft against you because he would have to prove intent on your part to steal the instrument. He can't prove intent because he abandoned the instrument and you left it in the halfway house when you left your job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.