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  #1  
Old 02-03-2002, 09:31 PM
LinMarie21
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Question

Arrested for "stealing" my own property?


I am in the state of Michigan.

Me and my ex went out for 3 years and broke up. About 8 months after the break up we started to become friends again. I took him out for lunch on his birthday and left my leather coat in his car on accident. I called him repeatedly to ask him to bring it back to my house. He had the coat for 2 months. By that time he was dating someone new and said that he couldn't come to my house because of her and that I should come to his house and pick it up. I said that I would not because his mother does not like me (because of the bad break up). He said come get it when she is not there then. So I did. Their front door was unlocked and there was a car in the driveway, so I assumed someone was home. I knocked and no one answered so I walked in, took it out of the front closet and left. Because his mother hates me, she called the police. I had a warrant out for my arrest for unlawful entry. So I went to pay the bond which was $500 and now the case against me is burglary. When I go to court, how can I defend myself. I had permission to go on the property and took my own coat. How is that burglary? I am being threatened with 10 years in prison for this and it is ridiculous, I am only 21 years old.

Last edited by LinMarie21; 02-03-2002 at 09:38 PM.
  #2  
Old 02-04-2002, 01:47 PM
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It appears that under Michigan law, to get a ten-year sentence for burglary you have to break in, as well as enter, and you have to do so with the intent to commit a felony or a larceny inside. You can get a five-year sentence if you enter without breaking in, but you still have to intend to commit a felony or larceny. Larceny is stealing someone else's property, not your own. Therefore, you do have a defense to the charge, and the question is whether the jury will believe it. If there is a chance it won't, you should seriously consider any offer the DA makes.
  #3  
Old 02-04-2002, 02:10 PM
Mikedani
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Get your EX to go to the DA or and tell them he gave you permission to enter the house and get your coat. They should drop the case.

How was the Mother able to name you as a suspect if no one was home? Did she claim the coat was hers?
  #4  
Old 02-04-2002, 02:26 PM
LinMarie21
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Well I have already talked to the Ex and he said that he will tell the DA that he gave me permission to get my coat. His argument and his mother's is that he did not give me permission to get it when no one was home. I don't see why that makes a difference whether anyone was home or not. Besides that the door was unlocked and I did not break and enter. However, being the !#&! that she is, she says that the door was locked and I must have found a key. (the ex admits to leaving the house shortly before i got there so he probably left the door unlocked on accident).

The mother did not claim the coat was hers, but I called her and asked her why she called the cops on me and pretty much admitted that I took it. She works for the Sheriff (just my luck) and recorded the conversation.

It is obvious that she gots some of her friends at the PD to do her a favor, so I don't see how I will get out of this.

By the way, I am going to a lawyer today. Thanks for all the advice.
  #5  
Old 02-05-2002, 01:14 PM
Mikedani
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Well good luck.
It sounds like things are swinging in your favor.

Let us know how it turned out.
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