Sacramento, CA asked in Uncategorized for California

Q: Package arrived to my house. I mistakenly thought it was mine took a look and I realized it wasn't mine. I put it away

Next morning she had an attitude. Asked for the package back. I forgot about package. I finally got the package gave it to her. She wants to press charges me or sue?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Mistakenly Taking a Package: If you mistakenly took a package that was delivered to your house, but later realized it was not yours, it could be considered a mistake or an honest error. Generally, there is no criminal intent involved in such cases, especially if you promptly returned the package once you became aware of the mistake.

Intent and Criminal Charges: Criminal charges, such as theft or larceny, typically require proof of intent to permanently deprive the owner of the property. If you immediately returned the package upon realizing the mistake and had no intention to keep it, it may be challenging for someone to press criminal charges against you.

Civil Lawsuits: While criminal charges may be unlikely in this situation, the owner of the package could potentially pursue a civil lawsuit. However, the success of such a lawsuit may depend on various factors, including the value of the package, any damages incurred, and the jurisdiction's specific laws.

Communication and Resolution: If the person who owns the package is upset and wants it back, it may be best to communicate openly and apologize for the misunderstanding. Offer your cooperation in returning the package promptly and undamaged. This approach may help resolve the situation amicably without escalating it further.

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