Q: old boss claims I stole equipment given to perform jobs , was fired and not asked about items for 6 months latertheft?
When he finally did ask for these tools I not only never said no or kept them from him but when schedules were both so busy and he couldn’t make it out to get I offered cash and he refused . Well I got arrested for having a warrant for this..now I have court. How is this theft? I didn’t take without him knowing , did t refuse items when finally asked..help me understand
A: If you don't want to spend the rest of your life as a convicted thief, hire a criminal defense attorney who understands the theft laws and who is willing to fight for her clients. Don't hire one who resolves as many cases as quickly and cheaply as possible.
Theft requires the specific intent to deprive at the time the property changes hands. If your neighbor asks to borrow your lawnmower but then later decides to keep it, that is wrong but it is a civil matter... it isn't theft.
If your attorney fights the case, the prosecution will be required to prove, beyond a reasonable doubt, that you had the intent to deprive your boss of the equipment when you took possession... essentially that you took them under false pretenses to keep them for yourself rather than to use them for work.
TIP: Deferred Adjudication is not a real dismissal and is not eligible for expunction except for a class C misdemeanor.
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