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VIC Accused of Theft - What to Do Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Anastasiaxox, 14 March 2016.

  1. Anastasiaxox

    Anastasiaxox Member

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    Recently, my friend left the country and asked me to keep a text book of hers which I obliged and I've kept at mine for safe keeping. I also have a t-shirt I borrowed off my friend and a piece of makeup I took accidentally when visiting her one day, which I told her I had as soon as she asked and I checked. They were chasing me up for 2 weeks to meet up with them but due to family issues, work and uni, I never had the time to go to the city to return the items.

    So we decided that I would just leave the bag out to be picked up - I put it outside my old address as it's done the street and my family have a baby in the house and we didn't want them knocking on the doors at all hours of the night. However, they took over 18 hours to come pick it up and by the time they arrived, the bag was gone. I even messaged them again to tell them to come soon as it was just left out in the open but they didn't come till the night time when it was left out the night before.

    Now they're accusing me of theft and saying I never put it out and I still have the items and are saying they're going to the police and the messages where I admit to having the items (there are also messages where I agreed to return them, I never once said I wouldn't) can be used as evidence to get a search warrant. They also sent me threatening messages, insulting me and that I should watch my back when I was nothing but polite the entire time.

    I was just wondering if they would actually be able to get a warrant?

    The items are worth maybe 200-250 dollars MAX, probably even less. I'm just not sure what the police would do in this situation in all honesty. Am I liable under criminal law if they took ages to come pick it up?
     
  2. Rod

    Rod Well-Known Member

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    Who is "we"? You and the other party? or you and your family?
     
  3. Anastasiaxox

    Anastasiaxox Member

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    Myself and the other party.
     
  4. Rod

    Rod Well-Known Member

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    OK. If you placed the items where you and the other party agreed, at the agreed time, and you have proof of the agreement, you are OK.

    Hopefully, you have texts or email of this agreement.
     
  5. Anastasiaxox

    Anastasiaxox Member

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    Yes, I do

    We both have the messages and in every message I never disagreed to giving the items back and when they were told the items were outside, they said okay and said okay again when I reminded them again the next day.

    Does this mean they have enough evidence to get a warrant to search my house then or do they messages where I agree to put them out change that?
     
  6. Rod

    Rod Well-Known Member

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    Hard to answer. It will be up to the police and court to decide based on whatever evidence the other party decides to show them. Not much you can do until it happens. If the police have a valid warrant, do not attempt to stop them, it will just end badly for you. Not sure how you can dispute a warrant if they apply for one.
     
  7. AllForHer

    AllForHer Well-Known Member

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    Do you know how much police time and resources goes into executing a single search warrant? They're not going to waste time, money and resources first writing up a search warrant to be approved by a JP, and then second to invade someone's private home in search of make-up, a shirt and some text books that have more than likely been loaned between friends. The taxpayers would be rightly outraged.

    At best, they'll interview you about the situation, but if you have the arrangement in writing, they're probably not going to action the complaint any further.
     

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