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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2677
Experience:  associate attorney
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I left my home because of domestic violance today after 1 wk

Customer Question

i left my home because of domestic violance today after 1 wk of leaving i called the cops to help go in the cops opened that door and i took my stuff a tv and my decorations i had before i met well i had a call from the cops i have to turn my self in for theft and now i talked to the cops told them what i took let them now i will return it now hes claiming i took all kids of stuff watches and every thing else
am i going to jail? do i need an attorney
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the police watched you while you were there you should not be in too much trouble but I would immediately retain an attorney. Your ex will have to prove that you took things were not yours. If you did take some things that were not yours it will be his word against yours (he will have to have evidence that the property is his as you did live there). You need to not say things that will incriminate yourself and having an attorney present if and when you turn yourself in will be very important. Again it is his word against yours. I would doubt you are going to jail if you have an attorney but you might have to do a walk through with your attorney and return anything that was not yours (you might have to pay bail in this situation). It is really hard to say what the facts are here and what you are up against as the attorney you retain will ascertain your correct course of action.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Customer: replied 11 months ago.
I did tell the cops I took the TV and decorations but that was it then he just started adding everything else to the list cops left due to the fact that they arrested him for warrants
Expert:  Christopher B, Esq. replied 11 months ago.

All that happened was your ex filed a police report. The cops don't necessarily have evidence against you and like I said, it was good they were there to witness what you took. You need to retain an attorney to ascertain what kind of case they have against you. Most likely they don't have much and it is his word against yours. If he was arrested for warrants then his word might not mean that much but I do not know what he is alleging so it is hard to say.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Customer: replied 11 months ago.
Just on the matter like I said the cops left after they opened the door for me with a master key so they did not witness me taking the TV but I did admit I took it which I really don't want to give back but I will be prosecuted If I don't give back correct? Would I be able to fight those charges
Expert:  Christopher B, Esq. replied 11 months ago.

Not necessarily, your ex will have to prove that the property is his property. I am guessing the police are responding to his report and since your formerly lived together it might be difficult to prove whose property is whose. This is good for you and depending on the circumstances and evidence, you should be able to fight the charges, but I would most definitely retain a criminal defense attorney before you make any decision.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Customer: replied 11 months ago.
Final question so the cop wants me to return the TV and the wall art but regardless there writing a theft report on the other items. So my thing is why am I going yo return the items if charges are still being filled, if that's the case I might as well stay with them. So with that being said does that mean I'm going to be arrested or does it just mean he will write the report and will be given a court date ?
Expert:  Christopher B, Esq. replied 11 months ago.

You can be arrested but that is unlikely unless you have admitted to the crime, most likely a warrant would be issued f there is enough evidence for you to have stolen the items. Again, you lived there and it must be proven that the TV and the wall art are his property and not yours. You really need to hire a criminal attorney to speak with the police?DA to make the most informed decision regarding this. If they were going to arrest you, it is likely that they already would have.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 10 months ago.

Any chance for a positive rating?