Q: My mother found a wallet in a store, didn't turn it in right away, now they want to charge her for theft what can she do
She found the wallet and didn't give it to the clerks because she had read about how a woman's husband lost his wallet and someone turned it into the clerk, but the clerk, instead of keeping it safe, took the man's bank card and spent his money, so she didn't turn it in right away and began looking for the owner. she found it on Dec 21st, 2012 she was finally able to track the man down and gave him the wallet, with everything in it on Jan 2nd, 2013. the man didn't want to press charges but the lieutenant is pressing charges for unlawful theft of taking property and something about receiving stolen property. He said there was a video of her taking it. The man left it on the counter and she picked it up. she was just trying to do the right thing and now she is getting punished for it. She went to his address, called his daughter or daughter-in-law, found out where he worked and contacted him. what can I tell her to do because she is so upset about it?
A: She should get a lawyer because it sounds like she has a pretty good defense. "THEFT OF PROPERTY LOST, MISLAID: A person who comes into control of property of another that he knows to have been lost or mislaid . . . is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it." Sounds like she took reasonable measures to restore the property. They also need the victim to testify that she didn't have permission to have his wallet. In this case it seems like the victim may agree she had permission to return the wallet to him.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.