Shoplifting, Larceny, Robbery, Theft Roommate Accused of Serious theft (Please Help!)

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collegekidd

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My housemate is accusing my boyfriend and I of stealing her laptop.

My boyfriend came over to the house I was moving out of to help me move. As we were moving things into the car, my housemate and her boyfriend left the house. After we were done moving things out of my room, i began saying goodbye to three of the seven people who lived there. Afterward, i went upstairs to check under my bed to make sure i didn't forget anything...and sure enough i forgot a box of ramen. Since we didnt have enough space in the car to fit the box i decided to shove all the ramen into my duffel bag because it was still waiting to get placed in the car & was quite empty. my boyfriend brought it upstairs to my room and i shoved all the ramen into it. Later we walk downstairs and i say goodbye to my other housemates and i depart the residence.

An hour later, my housemate's boyfriend calls me to tell me his girlfriend's (my housemate) laptop is missing from her room and that they're filing police reports. They're accusing my boyfriend and I of the theft because of the "timing" and because we brought my duffel bag upstairs after they assumed I was done moving. My boyfriend and I are good kids and have no criminal record of any sort. I'm baffled and lost. I was wondering what to expect next and how to clear my name from this situation. I live about 30 miles from her now, so what should I expect/do? should I consult the attorney I intern for advice? Do I need to speak to the officer if he comes over (I'm afraid I'll be nervous because I know they're openly accusing me already!) Any suggestions will be much appreciated. Thank you very much.
 
If you have free access to an attorney, perhaps you should speak with him or her.

No, you do not have to speak to the police. But, if you do not speak to the police, then they will only have the complainant's account of events. That MIGHT be sufficient to convince a DA to proceed with a criminal complaint. Maybe not.

- Carl
 
I disagree with CDw on this one. NEVER speak to the police without an attorney present. Getting arrested might be traumatic, but it probably won't happen in this case with what you said. Anything you say to a cop at this point will only help build the case against you, even if it seems flimsy, etc.

Again, DO NOT EVER talk to the police without an attorney, even if innocent.
 
Yep, I am an officer. I have also seen people go to jail and to trial when had they simply told their side of the story at the beginning the issue could have been resolved.

While I always recommend that a person speak to an attorney before saying anything, there are many times where a simple explanation can resolve the entire matter before it gets carried too far.

Raskalnikov, please note that I DID advise the OP to speak with an attorney. I never advised him to do otherwise. I only pointed out the possible ramifications of NOT providing a statement.

- Carl
 
Thanks CdwJava and raskalnikov for your replies. I think both of you guys make a good point, so I'm not sure what to do now.

Since I didn't do it, is there really a way for them to twist my words if I just give a statement?

Are they most likely going to come to my house to question me or will they issue an arrest warrant/search warrant? I have no problem with them searching my things, but I just want to have a heads up because I hate being surprised.

What is the likely flow of events from here on out?

I hope this gets resolved soon...

Thanks again for your advice!
 
They will likely speak to you in person at your home or ask you to come to them so they can speak to you. They are not likely to get your statement over the phone, but that IS a possibility.

A search warrant is a possibility.

If they can develop sufficient probable cause to arrest you (whether or not you speak to them) they can seek an arrest warrant. Given the circumstances, unless there is another witness that you are unaware of, I doubt that sufficient probable cause can be articulated to support an arrest warrant. A search warrant, perhaps ... arrest, not likely.

- Carl
 
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