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Accused of theft by spouse Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by Reader1, Nov 8, 2019 at 10:17 AM.

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  1. Reader1

    Reader1 Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    My husband and I are separated and in the middle of a divorce. Three weeks ago I received a call from a police officer asking if I stole my husband’s laptop from his vehicle, as he had reported that I had. I did not and denied this allegation.

    However, I did enter the vehicle to retrieve MY items (my nursing supplies, I am an RN) using my copy of the key. (I did not disclose this to the officer.) I am not on the vehicle title but we shared and drove both cars during the marriage.

    Spouse is now telling others there is security footage of the theft. And he is claiming it was his work laptop issued by the bank he works for. I have not heard back from the police and am fearful of what may come. This is an ugly divorce and I’m certain he used the opportunity of my taking my belongings to falsify a theft. If the security footage can’t clearly show what I took can I still be charged? I don’t know how to prove my innocence! Also, would this be considered civil as opposed to criminal if I am charged?
     
  2. Red Kayak

    Red Kayak Member

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    Do you at least have a divorce lawyer?

    Because if you don't have one, you need one. While a divorce lawyer might not be the best person to address the problem you are concerned about, they can recommend more prudent courses of action.

    It was not prudent to go in the car and help yourself to your "nursing supplies." It would have been better to notify him that you were picking up the supplies, and then doing so with a police/civil standby.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    The police might not do anything more about this since it's a divorce matter. However, if the police contact you again say the following and ONLY the following.

    "No comment. I want my lawyer."

    Keep saying it no matter what. Even if you get arrested, keep saying it. Don't answer any questions, don't try to explain yourself.

    Watch these videos and you'll understand why.





    Keep the name and phone number of a criminal defense attorney handy.
     
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  4. Reader1

    Reader1 Law Topic Starter New Member

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    Yes I do have a divorce attorney and he is aware of the accusation. He has not expressed concern or discussed it beyond asking me if I took it.

    I now realize retrieving my items was a bad judgment call and never even considered the legal ramifications. But I had no ill intent.
     
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  5. Reader1

    Reader1 Law Topic Starter New Member

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    Thank you, I will definitely heed your advice and remain silent. This is so terrifying for me...I have a squeaky clean record and being contacted by authorities with an accusation of theft is a position I never thought I’d find myself in.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    If it's any consolation to you I had something similar happen when I got divorced. My ex got a restraining order and had me put out of the house by the cops. I had to break in to my own house several times to get stuff, even had to break into my own garage to get my car. She called the police every time. Nothing came of it, though I was a "person of interest" in the so called burglaries.

    Nail your bastard of a husband to the wall if you can.:D
     
  7. zddoodah

    zddoodah Well-Known Member

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    You can be charged if there is probable cause to believe you committed the crime charged. Since we haven't seen the video and it doesn't sound like you have either, there's little more that can be said than that.

    Considered by whom? Regardless, obviously, if you are charged with a crime, it will be a criminal matter. However, if, in fact, the laptop is owned by your husband's employer, the employer could sue you in civil court for the value of the laptop.
     
  8. mightymoose

    mightymoose Moderator

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    You don't have to. A prosecutor has to prove your guilt.
    Your husband likely can't prove the laptop was in the car to begin with, and your access to the vehicle is not really an issue regardless of the name on the title.
    If police contact you again do not offer any more information. You do not have to explain or defend yourself to them.
     
  9. zddoodah

    zddoodah Well-Known Member

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    The husband doesn't have to prove anything. The prosecutor has that burden and would have little difficulty proving it by offering the husband's testimony. Absent evidence to the contrary or the husband's testimony not being credible, that's all that's needed to prove it. It's not like there has to be documentary evidence.
     

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