Criminal Law Questions? Ask a Criminal Lawyer.
Good evening. I'll be assisting you with your question.
Okay, thank you
Regarding the $700 on the counter, the roommate left it for you, correct?
Via text message she promised for several days that she would leave it, and then when it was there I assumed it was for me, yes. I do believe her intentions were to leave it for me.
I have images of the texts from the iphone with her number showing, not her name if you'd like to see them.
First off, this can't be a burglary since you had the right to be in the residence. In that sense, burglary is not an option.
What about burglary of habitat?
The police officer said that it was labeled as that.
It can't be a burglary if you had the right to be there. In other words, you can't burglarize your own residence or a residence to which you had legal access. Burglary is a breaking and entering + theft.
Okay I see. So what am i in danger of legally?
Second, in order to be guilty of ANY crime, you must have the intent to commit the crime.
Okay, so at this point myself nor my roommate (B) are in no danger of being suspects in crime?
For example, if there were two identical phones sitting next to each other, and you picked up one thinking it was yours, but it turned out to be someone else's, you did not commit a theft since you did not have the intent to take something that was not yours.
Roommate A, lied again today saying she spoke with the county investigator and the police officer that took our police reports. I called to do a follow up and the officer said she hadn't called and the investigator was closed today because they work for the county.
Ohh okay I see
so with the text messages, if there was any legal action, I have proof that my intentions were true to be , that I thought it was mine
Likewise, here, even if you did take the money, you did not have the intent to take something that's not yours. At the time, you had the belief that the money was intended for you.
My guess is that this goes nowhere.
What kind of evidence do they need? because honestly, because you're a lawyer I would tell you if I had intentions to steal or if my roommate did, but I'm telling you the truth, there was no intent, I have texts upon several texts where she promises me to leave the money on the counter. The officer asked her if she was drunk, she admitted, and he said drunk people do crazy things and so on, and she said she didn't leave me money out, but he said her statement was invalid because she admitted she was inebriated. Is this true? Also--
because of pure fear, because I know the money was intended for me, but I'm in school to be a doctor, I'm scared to death that this, my name even being in a POLICE REPORT will affect my future, I negotiated with the officer that I would pay her the money back in increments by Monday and then get the money she owed me from small claims court, she then said today if I didn't get it all to her by 5:30 today she would press the charges for burglary. Is this possible? For the officer to "hold the report" and not enter it until she decides she wants him to? And is there really a case here? I
A statement can still be used in court, even if the person was inebriated when it was given. That is not correct. However, it does drastically damage her credibility, which is obviously important for the police making a case.
The fact that your name is XXXXX XXXXX police report is not significant. Nobody would even have a reason to read that report.
The officer won't hold a report. He'll write it and file it, just as he would do any other report.
But with the texts, and the fact that she was drunk, do I owe her money? Should I pay her? Or is it rightfully mine with the texts, etc and is this a crime
Right, but when I called the office today,the PD said that only one report was entered in a civil case not criminal and it was a roommate dispute
Based on what you've said, there has been no crime committed. What you decide to do from here is very much your decision to make.
I think that is reasonable. Clearly, the police see that there is not a crime here.
Okay, so I don't owe her money, and I didn't commit a crime by allowing my roommate to take it because we believed it was the money she'd been promising to pay
Intent is the key.
Thank you, XXXXX XXXXX your help. Is there anything else I should keep in mind when I speak to the police about this?
No, just remind them that you have the text messages and explain the situation to them the same way you have to me.
Everything should be fine. The police are not out to make bad arrests.
Okay, thank you so much I appreciate it ! :) Have a good night
This is true, thank you so much :)
Glad to help.
?How do I say that I was satisfied and will pay you for the answer
If I can't do anything else for you, please remember to "rate" my answer before you go.
There is a set of faces that are used to "rate" the answer.
In your mind, do you see any reason in me giving her the money back? She clearly has owed it to me.
Would it be illegal to keep it now that she has said it isn't her intention to have paid it to me.
If she agreed to pay you that money, no, I don't see a reason. What matters is the intent at the time you took it. In other words, she can't leave it, have you pick it up, and then change her mind a day later.
I see. Because I don't have proof of what she said to her friend but she did tell her "That money was for rent but when I woke up i got your texts about the concert and needed it to buy stuff and I was going to pick up more shifts and just pay her back this week"
I'm not sure if that's relevant
And is my roommate (B) in any danger of crime because she's the person who actually took it from the counter?
No. Again, it goes to intent.
The roommate never had the intent to take something that was not hers.
Well, she believed it was MINE, but I was on the phone with her and told her to pick it up and deposit it to my bank account because I didn't know when i'd be back in town and I needed to pay rent.
Is that an issue? Because the money was believed to be MINE
No, that is not an issue.
Neither I or my roommate can be arrested for this situation, correct?
Based on what you've told me, no. Again, there has been no crime committed.
okay, thank you so much. I'm satisfied.
Glad to help. If there isn't anything else I can do for you, please remember to "rate" my answer.
I will. Thanks :)