The Villages, FL asked in Criminal Law and Civil Litigation for Florida

Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I go about retrieve of my personal property.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Wow, you were really victimized by a horrible person, and you have multiple legal issues to sort out. Regarding the issue of whether you can be arrested if that person tells the police you stole something, sure you can, IF the person presents credible evidence to the police that would cause a reasonable police officer to believe that you are PROBABLY guilty (even though you are innocent). If you promised to pay for the item, even though you didn't take it, and the item has disappeared, that would be a pretty dumb thing to do, which probably would be enough to support an arrest.

Regarding locking you out, that is definitely illegal if you are indeed residing there, as that cannot be done without going through court eviction procedures. Normally in that situation, you should immediately call the police, who can force the owner/possessor of the property to let you back in - but in your case, you'll need to decide if calling the police is a wise move.

Regarding your personal property, if your demand for its return is not complied with, there again, getting the police involved would NORMALLY be an option. You can also file suit in court to seek a court order for its return.

For ALL of your issues, you can hire an attorney to make appropriate demands and to file suit if necessary, and if you cannot afford an attorney, your local Legal Services or Legal Aid office may be able to provide you with free legal assistance.

Bruce Alexander Minnick agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: To add to my initial answer to this inquiry, if you end up getting arrested, and you are indigent, it would be the Public Defender's Office, rather than Legal Services/Legal Aid, that would help you with that particular issue.

Bruce Alexander Minnick agrees with this answer

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