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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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If a person is in possesion of property that belongs to another

Resolved Question:

If a person is in possesion of property that belongs to another and that person admits to having the property on a voice message but is denying having it now, is the voice message enough proof in a court of law to prove they are in possesion of said property? If so what penal code would they be charged with?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for using JustAnswer.com

Did you take the property without the permission of the owner?

Did the owner of the property allow you to use the property and then you didn't return it when asked?

What is the property? And what is the value of the property?

Have you ever been convicted of a crime?

Thanks
Customer: replied 1 year ago.

The property is a ring that is the same as a superbowl ring but it is for a different sport. The owner of the ring moved in with a woman who saw it and wore it for a day. It was then placed back in the box and stored in a room the 2 shared. The relationship ended and 2 voive messgaes were left by her, saying "you know that ring, (she describes it) and then says she has it. She won't return it, 2 months ago she said she didn't have it and today she is saying if he lost something it's his fault and not to blame her.Not sure of value, do they value it by gold and diamonds and/or by where and how he earned it?

Customer: replied 1 year ago.


she may have a record for domestic violence


 

Expert:  xavierjd replied 1 year ago.
Hi,

The value of the ring is based on a number of things. It is based on an appraised value, which includes the value of the gold, diamonds, if there were very few of the rings that were made, etc.

Regarding the rest of your question, I want to look up a few things and I will be back with an answer asap.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Lynn,

Based on your post, the value of the ring is most likely over $950.00. If so, the person who took the ring and admitted in a voice mail to having it, may be charged with grand theft.

However, the person who owns the ring must make a police report. The matter would be investigated and if there was enough evidence that the person took the ring and kept it after being asked by the owner to return it, then the case would be presented to the state prosecutor.

The state prosecutor would then decide if there was enough evidence to prove that a crime was committed and that the person committed the crime. If so, the prosecutor would then determine what charge would be authorized against the person.

Below is a link to an article that explains the California Criminal Statute that applies to theft and the different things that the prosecutor has to prove to charge a person with one of the theft crimes provided in the statute.

http://statelaws.findlaw.com/california-law/california-theft-larceny-law.html

I hope you find the information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

X
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 13 other Criminal Law Specialists are ready to help you

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