Can I be charged for larceny for taking my items out of my home?
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Can I be charged for larceny for taking my items out of my home?
My home of residence was sold at an auction in “as is” condition, while it was still my residence. Before new owner has the deed of ownership, I moved items and personal property from the home. Once new owner had the deed of ownership, he prosecuted me for the charges of larceny. If I have receipts and can proven purchase of items from the home. Can he do this or is it a civil dispute?
Asked on January 13, 2012 under Criminal Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is always the possibility given the facts that you are writing about for the district attorney's office to file criminal charges against you for taking your own items out of the home that you ended up losing at an auction. The new owner can submit a criminal report against you.
The key issue is whether the prosecution can prove beyond a reasonable doubt that the items that you were charged with taking were not your own. If you have receipts and other evidence showing that the items taken were paid by you, you seem to have a good chance of getting the matter dismissed if criminal charges have been filed against you.
In reality, the dispute you are writing about seems more like a civil issue as opposed to a criminal matter in my opinion.
If a criminal complaint has been filed against you, I suggest that you consult with a criminal defense attorney.
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