Theft

I leased two TV from a company one of

the TV’s was damaged the other TV was

picked up by the company but they are

telling me they did not receive the

TV’s two 65 inch TV’s I have filed

bankruptcy and they are still

contacting me about paying for both

TV’s they told me they will charge me

with theft with the state’s attorney I

am confused I returned one TV but am

willing to pay for the other they said

they want there TV but I no longer have

the other onethese TV are worth 778 in

Walmart’s it the guys keeps hounding me

and my lawyer wants nothing to do with

it. What can I do.

Asked on March 10, 2017 under Criminal Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they believe that you stole the TVs, they have the right to file a police report and seek to press charges, even if you have offered to pay and/or even if you have filed for bankrtupcy: if an item was stolen, it was stolen and a crime committed even if a person looks to make restitution or even if he files bankruptcy to avoid paying. Restitution and bankruptcy affect civil liability, not criminal.
But they will need at least some evidence, including credible testimony that *you* stole the TVs--not that you gave them to the company's employees or representatives and they were then lost in transit or even stolen by the company staff. They have to be able to show that *you* committed theft--not just that they didn't receive the TVs back--to bring charges. 
Bear in mind, however, that while a lot of evidence (proof beyond "a reasonable doubt") is necessary to convict, far less is required to bring charges, so you could possible be charged if there is enough testimony or evidence that you stole the TVs, even if there would not be enough to ultimately convict you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they believe that you stole the TVs, they have the right to file a police report and seek to press charges, even if you have offered to pay and/or even if you have filed for bankrtupcy: if an item was stolen, it was stolen and a crime committed even if a person looks to make restitution or even if he files bankruptcy to avoid paying. Restitution and bankruptcy affect civil liability, not criminal.
But they will need at least some evidence, including credible testimony that *you* stole the TVs--not that you gave them to the company's employees or representatives and they were then lost in transit or even stolen by the company staff. They have to be able to show that *you* committed theft--not just that they didn't receive the TVs back--to bring charges. 
Bear in mind, however, that while a lot of evidence (proof beyond "a reasonable doubt") is necessary to convict, far less is required to bring charges, so you could possible be charged if there is enough testimony or evidence that you stole the TVs, even if there would not be enough to ultimately convict you.


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