Blog

Stealing Back Legal

(less likely) If something has happened, it means that technically, it no longer belongs to you or never belongs to you. For example, you accidentally give or throw away your precious phone and someone else legally (in the law) takes possession of it afterwards, or signs or renounces something without realizing it, or allows someone to use something in a way that gives them ownership rights over it, so that by law, It is assumed that you have waived or waived some/all of your rights as the owner (the other person has been honest and has done this is not the case). You will cheat), and you later try to take it back without consent, then in principle you could now be considered theft. You might also believe that something absolutely belongs to you, but in reality, you don`t legally own it and never have. For example, you have “purchased” music or software or a right to use something under license and believe that you actually own it or have the moral right to own it. So later you sell it, you dispose of it to someone else, or you treat it as your own if it was never yours in the law to do these things. Technically, depending on the situation and the exact wording of the law, this can be interpreted as theft in some cases and jurisdictions. Assuming a “typical” store and store staff, you would ask them to pick up the manager, and you would firmly declare that you claim that these are your stolen goods and therefore not in possession (and that they do not have the right to make decisions about it), and you will take them back. They would offer an identification or contact option and tell them they have a way to contact you if they want to dispute this through lawyers or the police.

They would offer to wait for the police if they wish, but claim that you cannot separate from them and that they can call the police if they do not agree; When they arrive, tell the police exactly the same thing, and that you gave your ID and waited there, as a sign of good faith, and invite them to come back with you to see where you live or proof of purchase or anything else so relevant. You would tell the police that if they think you have committed a crime under the law, they must of course arrest you for that, but if not, you want to leave now. You would comply with any request from the police to give it to the police or business by claiming that it is your property and that you prefer not to do so, or by asking if you will commit a crime (if so, which), if you refuse, and refuse if you feel able to do so. Then follow as you go. Between these legal limits, there is a gray area where you can put it back into practice despite being illegal. For example, if the illegal access is so minor that you are sure it is not a criminal problem, or if you are sure that it will not be reported, you could risk it. But this is not so much a legal issue as a personal one. As we learned from the broke bicycle thief, returning stolen property doesn`t usually work as a defense against theft, but it could do wonders when it comes to accidentally borrowing bad. So if you are charged with theft and return the allegedly stolen item, it is entirely possible to get a plea agreement or fee reduction. In theory, you should hire a lawyer to write a letter of claim explaining the circumstances, which would likely force the store to return it to you. In practice, you can contact the store manager and make the complaint yourself orally.

Once this is done, they have been informed of the conversion and cannot sell the goods to third parties until this situation is remedied. This will give you a (reasonable) amount of time to file a formal complaint. Your idea of a police officer overseeing the determination of your good faith and the transfer of property to you is a good one. It is better to follow these formalities than to do something that “appears illegal” or is actually illegal. “If you saw him in a store, could you take him and run away?” You wouldn`t have to. In almost all cases, if something does not belong to you legally, you cannot legally give ownership to someone else, such as a company, whether for money or not, because it has never been up to you to pass on a good (legal) title. Thus, the object is still in the possession of its original rightful owner, which means that the same legal position applies as above if you discovered that it was in someone`s home. He could change hands several times (not just once), from fence thief to store, from buyer to friend as a gift, and yet the same would apply – it would remain in law for you. The situation is different when a person stole an item and later felt unwell and returned it.

In this case, the original intention was always to keep the article in question permanently. Since there is intent, it is quite possible to prosecute a person for stealing an object that he returns later. The return is not relevant for the fees. The person took the object intentionally and permanently, and that is all the prosecutor`s office needs to know to get justice. However, that doesn`t mean you shouldn`t return something you`ve taken. If you return an item you stole, you are more likely to receive a lighter sentence. The court will likely heed your remorse and charge you accordingly. If you just keep the item, the court will likely impose harsher theft penalties on you. Now we go back to the original question, is it legal to recover stolen things? Well, did you notice that all of the cases discussed above involved a person who was arrested and convicted of theft? Yes, the theft convictions were eventually overturned, but who wants to stay in jail waiting for that to happen? My recommendation is to contact local law enforcement agencies so that they allow for a smooth return of property. In Orlando, you may find an officer willing to become a “peacekeeper” for this repatriation process, but make sure you have proof of ownership. And as always, if you go against my advice and take the law into your own hands, I know an excellent criminal defense attorney from Orlando.

IANAL, but I guess it wasn`t a problem to take it back, but I guess if the parents were totally stupid, they could have beaten me with trespass or something. If you understand the intent idea, you can see how returning an accidentally stolen item (i.e. left in the bottom of your cart, grabbed by a small child when you weren`t looking, etc.) is not considered theft.