If a caregiver stole a prescribed medication but returned the medication, should the caregiver need a lawyer to help defend the misconduct case?

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If a caregiver stole a prescribed medication but returned the medication, should the caregiver need a lawyer to help defend the misconduct case?

Asked on January 16, 2014 under Criminal Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would be advisable for the caregiver to be represented by an attorney because the caregiver will be charged with larceny. 

Larceny, a type of theft, is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.

When the caregiver took the medication (personal property of another) with the intent to permanently deprive the rightful owner of his/her property, this constituted larceny.  The fact that the caregiver subsequently returned the medication does not change the fact that larceny occurred because the item was taken with the intent to permanently deprive its lawful owner.


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