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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33781
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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2 months ago, i made a stupid mistake. I took a workout

Customer Question

2 months ago, i made a stupid mistake. I took a workout piece of equipment from the fitness center where i was a member without asking permission to the teacher. I did not intend to steal it, i was going to return it the next day. The teacher noticed and called the police, they had me on recorded video leaving with the thing (a workout pillow called oov in use for pilates, retail price $170). Within a couple hours a police officer showed up to my house, i was not arrested, she said that the teacher had reported the theft, at this point she just wanted it back, and it will be up to her to decide to press charges. I gave back the pillow, apologized and realized how stupid my action was, i let the officer now i never intended to keep it. The officer took my full name and date of birth and phone number. She never contacted me again, i never heard anything from the police or the courthouse. I have been anxious about this since then, i never returned to the facility and cancelled my membership as i was too ashamed.
My question is, what are the chances that i will get in trouble for this? It has been two months, how can i knownif a report or charges have been filed?
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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At this point it is pretty safe to assume that you are not going to be prosecuted for theft.. The instructor was being honest when they said they just wanted the item back. Once they got it, the issue is resolved.

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If you were going to be charged, the police would have either issued you a citation right there, or the instructor would have gone down to court, filed a complaint, and you would have received a summons by now.

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So I find it incredibly unlikely that anything more will come of this since everyone has been put back in the same position they were in before this came about...

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I don't think you have anything to worry about here..

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thanks

Barrister

Customer: replied 4 months ago.
Thank you.
I read on some websites that they can send a report of the incident to the DA that will decide whether to press charge or not and that the decision of the "victim" does not really matter once the police was involved. Does the fact that i was not arrested by the police officer mean that no report had been filed yet and that she came to my place to try to resolve things without involving the court system? The officer did not let me know how things were going to go from there, she just asked me if i was going to be home all day that day. She never called me on my phone to let me knownof anything
Expert:  Barrister replied 4 months ago.

That is correct it is up to the prosecutor to determine whether or not to file a formal criminal charge. The victim just files a criminal complaint and then the prosecutor decides whether to issue a formal charge. But it is very unlikely that after 2 months you wouldn't have heard something by now. As it would have taken a week or ten days to issue the summons if the prosecutor had decided to file a criminal charge after a criminal complaint has been filed by the instructor.

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So again I don't think that you have anything to worry about at this point.

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Thanks

Barrister

Customer: replied 4 months ago.
it was only up to the victim in this case to file the complaint? I thought the police could do it on their own once involved even without the consent of the victim?
I am glad to know that i am out of trouble. I had never stolen anything before, have always been a good citizen and have no criminal record at all.

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