My son's iPad was stolen from our house from a friend of my son's. My son and a friend figured out who stole it and went to that person's house to retrieve the iPad (serial number in hand to compare). He was driven to the friend's house by a close friend. When they got there, the guy ran from them. They fought and items in the house were damaged during the wrestling/fighting. The police were called by a neighbor, who thought that my son was trying to break into the friend's house. Three people witnessed the friend inviting them in but the friend insists it was against his will. I see on the DA website that my son is being charged with 14-72(A) larceny of motor vehicle misdemeanor...but that makes no sense to me at all. I was expecting that the friend would be charged with larceny...and that my son may be charged with unlawful entry or assault or something like that. At least that is what the detective said last night. Can you help explain it to me? This statue seems to deal with stolen property but my son didn't steal it...it was stolen from him. Also, the police found the stolen iPad during their discussions with the friend.
State/Country relating to question: North Carolina
Am waiting for DA to get back to us about whether or not charges will be filed.
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14-72 is actually "Larceny of Property" or "Receipt of Stolen Goods." It doesn't involve a motor vehicle. Here is the statute in part:§ 14‑72. Larceny of property; receiving stolen goods or possessing stolen goods.
(a)Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.
Quite honestly, given these limited facts, I'm not sure why he was charged with larceny or receiving stolen property. Obviously, neither the police or the DA were there, so when the police make an arrest, they're supposed to base it on what evidence they find, statements of the parties involved, statements from witnesses, etc. From there, the file would go to the DA who would review everything and decide what to actually charge him with (that can be less than what the police arrested him for, more than what the police arrested him for, or a different charge entirely). Usually it takes a little time for the file to be reviewed by the DA before a charge is filed.
Larceny however, implies that your son and/or his friend took something from the person's house or his possession. That may be because this person told the police that the IPad was his and your son and his friend tried to take it from him. Unless your son had a receipt or something to prove ownership on him, the police have to go by what they can see - your son and his friend showing up to the house, a scuffle ensuing, and the fight is over an IPad. On its face, they may have thought your son was the one stealing the property.
It may be he wasn't charged with breaking and entering or something of that nature because witnesses stated they were invited in and there was no evidence of a forced entry anywhere in the house.
Without seeing any police report or any evidence or knowing all of the facts, all I can do is speculate. If your son has been formally charged at this point, he needs to retain a lawyer who can demand the discovery (evidence) from the D.A. handling the case, including the police report, to determine what "evidence" exactly the D.A. has and perhaps can make sense of the charge.
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My son did not recover the iPad when he and his friend went to the house. Another friend, who knew that this friend stole it, told my son that it was wrapped in a blue towel. My son told the detective, who recovered the iPad from the friend. When the detective came to question us at our house, along with all the other friends, we compared the serial number of the stolen iPad with our iTunes account and the serial numbers matched, so the detective left the iPad with us. I am so very confused by this because the evidence recovered shows that this boy stole the iPad. The police got involved when the neighbor called them. They tracked the car of the close friend who dropped my son off at the friend's house. Does that help put it into context at all? Can you see where I am confused? We were told that the DA would decide today about what charges, if any, would be filed. In searching the court system calendar, only my son's name is XXXXX XXXXX the friend who stole the iPad nor the other friend who was part of the fighting.
I appreciate the additional facts, but no, that doesn't clarify anything, unfortunately. A larceny charge against your son wouldn't make sense then. While he should contacted the police from the beginning to recover the IPad rather than trying to handle it himself, that does not seem like something he should be charged with, especially since the police returned the IPad to his possession. I'm not so concerned that the other people involved aren't mentioned, because a prosecutor has the right to continune to investigate and can file charges at a later date. However, what does it say exactly on the court records? Does it say something like "Indictment filed"? Do you have a link I can see?
In talking to my son, he thinks the court calendar notice is from the shoplifting charge. :( Sorr for wasting your time with that red herring...he just figured that part out...here is the link: http://www1.aoc.state.nc.us/www/calendars.Offense.do?submit=submit&case=9102012717245&court=CR But, I guess I am concerned with what he can be charged with in the situation that happened last night. Not larceny, certainly, from what happened.
That link won't work for me for some reason -just brings me to the main page, but that's okay. If he thinks it's for a different charge like shoplifting, a larceny (theft) charge makes sense. As for possible charges, again, just given these limited facts, because there was a scuffle, it's possible for him to be charged with assault. They could also charge him with breaking or entering if they believe the person when he stated he did not invite them into his house but they entered anyway. Breaking or entering by itself is a misdemeanor. If intent to commit a felony or larceny can be shown, it becomes a felony. Depending on the degree, assault can be either a misdemeanor or felony. Simple assault (an intentional, unwanted touching of another, which can be as simple as placing your hands on someone against their will) is a misdemeanor.
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