Shoplifting, Larceny, Robbery, Theft Receiving stolen property

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daredevil22r

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Long story, short- I got a call from an LAPD officer saying that I had received stolen property, and that the owner was there to make the report. He says I have his dog tags. I DID make him believe I had them, because my girlfriend has a restraining order against him, and time was running out to serve it to him. I talk to his brother, and he's the one who told me that the dog tags went missing. So, I called, and texted him various times making it seem like I had them and wanted to return them to him. I also told him if he didn't meet up, I would just throw them to the trash or that I would just shoot holes thru them. When I spoke to him, I didn't mention the dog tags, just that I had something that belonged to him, that was from his army days. No mention of the tags.
I met up with him today, and served him the restraining order. A few hours later, I get the call from LAPD. The officer told me that there was a letter and text messages proving that I had the dog tags. As far as I know, the tags were lost in his home. He has accused me of stealing his car, vandalizing his car, letting the air out of the tires, and trying to take his lights.
I think he's mad because I am going out with his ex-mistress (He was with her while his wife was away). He has tried to break us apart, which is why she got the restraining order against him. Would that be enough motive for him to lie and try to get me in trouble? We BOTH have a shop lifting misdemeanor from 2004. How could I defend myself? will the detective raid my home? I am at home with my mom who has cancer, so I take care of her.
Thank you
 
No one can predict what will happen. However, it is possible that the police will be able to get a warrant for your arrest based upon your messages (aka "confessions"). Whether that will be enough for the DA or not, i can't say. If you refuse a statement, they might go for the warrant ... if you DO give a statement, you might sink yourself. If I were you, I'd contact an attorney.

- Carl
 
But all I did was make him believe that I had them, though I don't. Since he no longer lives with his mom, and we couldn't find him, that's the last thing I thought of. I have no problem speaking to a detective, or them searching my room.
My girlfriend asked a detective about him breaking into her email account. The detective told her that he would have to confess to him, and not to her, or a recording. And that text messages sent to her with pictures from her computer didn't prove anything.
He is a pathological liar, and I think I can prove it. Through his affairs with vatious women that I speak to, and also the stories he's told about his army days. He says he went to Iraq, when he was discharged in june 2002. What type of evidence would I need to prove that? I have letters from his bootcamp days that state that he is coming home, and that "god didn't want him to play soldier"
 
I just spoke to a lawyer for free advice. He says not to speak with the detectives if they contact me. I am afraid that if I don't talk to them that I will be seen as guilty, and they will search my home for something that isn't here. What do I do?
 
You listen to your attorney.

Yes, they will see that as your being guilty ... but, you have already made statements that imply guilt. So, if they feel they have enough evidence, they will forward the matter to the DA. If the DA feels there is enough, they will issue a warrant for your arrest.

- Carl
 
would text messages, and the voice mails be enough? I never mentioned the dog tags, I just made him believe I had them by saying that I had something that belonged to him.
How long do I have to wait for a detective to contact me? Shouldn't the detective contact me first before getting a search warrant? Or could he get it with the text messages?
I know I brought this on myself for making him think I had them. So when they search my home, and they don't find them, what happens next? They can easily say I got rid of them since I knew that i was being investigated.
 
One more thing, What would they be able to take if the search my home? Can they take my computer? I have all my family photos in there, and don't want anything to happen to them.
 
daredevil22r said:
would text messages, and the voice mails be enough?
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It might be. It also depends on what else is said by the other parties.

How long do I have to wait for a detective to contact me? Shouldn't the detective contact me first before getting a search warrant? Or could he get it with the text messages?
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There is nothing he "should" do, but there are many things he CAN do. He might get a search warrant, but a judge may find that the evidence is too weak for that. He might ask for a consent search ... an interview .. .a confession ... who knows?

So when they search my home, and they don't find them, what happens next? They can easily say I got rid of them since I knew that i was being investigated.
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Yep. This is why you probably should not consent without the advice of counsel.

- Carl
 
daredevil22r said:
One more thing, What would they be able to take if the search my home? Can they take my computer? I have all my family photos in there, and don't want anything to happen to them.
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What they can take or might take *IF* they get a search warrant wil depend on what they ask the judge to search for. Seeking your computer is quite likely, as it would likely have been used to send the messages, and that would help them authenticate those messages if any went by e-mail.

To be safe, maybe you need to move those family photos to a separate drive (of course, they might take that, too) or a file sharing website.

- Carl
 
Well, there were no emails sent to him about that. I have had to reformat my hard drive a few times in the past because of viruses. So I don't know if that would be a problem. I spoke to a lawyer, and he says the same thing, don't speak without counsile. The problem, I don't have any money for the retainer. Would a public defender be able to understand what I did, and defend me as well as a private attorney?
I am the caregiver to my mom who has gone through a lot. So I don't work, and am not receiving any financial help for my personal use.
Thanks for the advice.
 
daredevil22r said:
Would a public defender be able to understand what I did, and defend me as well as a private attorney?
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Probably. But, you wouldn't be eligible for the public defender until you are arraigned (charged).


- Carl
 
So if I'm brought in for an interview and I tell the detective that I want a lawyer, but can't afford one, he would have to arrest me, and I would need to be charged before I can get a public defender appointed to me? How long would that take? My main concern is not going to jail, but who's going to take care of my mom. She needs someone here almost 24/7.
I guess I'll just wait it out. I have a letter from a friend that states how this ex army guy is a liar and a cheat. I also have pictures, of him cheating on his wife. Would that help me from being charged by saying that he is a liar and is just spiteful because I served him the restraining order.
 
daredevil22r said:
So if I'm brought in for an interview and I tell the detective that I want a lawyer, but can't afford one, he would have to arrest me, and I would need to be charged before I can get a public defender appointed to me? How long would that take?
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In my state, you could get one assigned at arraignment.

if you invoke Miranda, they would have to stop interviewing you (or, could not use any statements against you), but they do not have to run out and get you an attorney.

I guess I'll just wait it out. I have a letter from a friend that states how this ex army guy is a liar and a cheat. I also have pictures, of him cheating on his wife. Would that help me from being charged by saying that he is a liar and is just spiteful because I served him the restraining order.
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It might help, it might not. I don't know what the police know, so I can't say. Best bet is still to listen to the advice of an attorney.

- Carl
 
I'm going to have to wait for a public defender to be appointed to defend me. But in the meantime, I guess I'll show them what I have, and hope I can see what he has against me. If I can prove something is false, would that constitute filing a false police report? And would I be able to get him charged for it?
 
daredevil22r said:
If I can prove something is false, would that constitute filing a false police report? And would I be able to get him charged for it?
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The only way his accusation would be a crime would be if he lied about any part of it to the police, or, if he knowingly and intentionally made a report to the police that he knew to be false. In other words, being wrong is not a crime ... knowingly and intentionally reporting a crime that you know to be untrue is.

In this instance, you provided him with enough ammunition to make the claim. I can't imagine he would be liable for any criminal wrongdoing unless he lies and the state can PROVE he was lying.

- Carl
 
Thanks. I spoke to my brother who used to be in the LAPD. He said that they might call me, but wouldn't arrest me for some dog tags. Especially if I never had them.
Weel, I guess I'll wait and see what happens. Is there any specific time for the police report to remain active? Or does it just go cold after a long while?
 
If they don't act on it in a couple of months, chances are they won't do anything with it. But, this can vary by agency and by the crime. As this is a petty theft, they are not likely to push the envelope for this, nor would I see them seek a search warrant ... but, they can.

Unless charged, don't worry.

- Carl
 
you have a strog case. if the d.a. doesnt have physical evidence like the dog tags then there is no crime. it is like fork tale and hearsy. it is like i said i killed bigfoot but if they dont find bigfoot then there is not crime. you will be ok.
 
I'm not worrying much now. I went to the restraining order hearing, and he said under oath that he did not know who had the dog tags.
So if the detective comes knocking, I'll direct him to that court hearing. Would they charge him with filing a false police report?
 
the table have turn. the flavor is on your side and i alreadythought you that if you dont have dog tag then there is no case. it cost money to put you on trial and the country is in crazy turmoils especially President Obama is going to tighten the budget.
 
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