Fort Bragg, NC asked in Criminal Law for North Carolina

Q: I'm 18, paid for my laptop 100% and my mother took it, can I press charges

I am 18, I paid for my laptop 100% myself. We got into a disagreement, not for any disciplinary or responsibility issues. So she took my phone and laptop, I honestly need both for college and work. I have a project due this monday and if I can't access them my college grade will fail, I don't have an alarm system to wake up or go to bed, I have work but I can't see my schedule so I don't know when. I would rather not press charges against my mother, but I need these for work and school, and while it is her house, this is also illegal as property theft. So being 18, and it being fully my property, can I press charges for property theft? btw I'm in NC(fort bragg, step dad in army) and the value would be petty theft.

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2 Lawyer Answers
Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: Even though you may be able to do something, doesnt always mean you should. Part of being an adult is dealing with things maturely, even when others around you dont.

Why dont you try to have a calm nature discussion with your mother about what happened that lead her to " take" your laptop and explain to her that you need it at least to be able to check your schedule and finish your project. Take the high road. If she removed them because you were not acting responsibly with them, it's not theft, its discipline. If she took them for some other reason she probably should give them back. If she doesn't, and they weren't taken for discipline ask step dad or some neutral person to intervene.

Amanda Bowden Johnson
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Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You can certainly swear out a warrant for your mothers arrest or even sue her in small claims court for the return of your property (however, that costs and will take a while) but you likely won't like what the court does to you and doing things that way will likely just cause you more problems. Essentially it appears your mother took your laptop as a punishment for something you did or didn't do as if you were still a child. If that is the case, even though you are technically an adult, since you are living in her house, you should abide by her rules as a guest. You should consider moving out so that you can act in pretty much any manner you wish without having to worry about parental consequences. Best of luck.

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