If I received a laptop as a Christmas gift from my parent and later moved out, can they file theft charges against me?

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If I received a laptop as a Christmas gift from my parent and later moved out, can they file theft charges against me?

I was told to move out and I did, My parents are now trying to get a warrant out for theft of the laptop. Is this possible?

Asked on February 4, 2015 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, if it was a gift, it's yours--a gift once given cannot be ungiven. Therefore, you could take it with you. Practically, if you have no proof that it was a gift, your parents are prepared to lie and claim that it was their laptop and they can prove they bought it, then you may have trouble; if they can convince the authorities that they never gave it to you, then you could potentially face theft charges.


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