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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-17-2008, 08:03 PM
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Join Date: Dec 2008
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Innocent to grand larceny charge-VA


Virginia, Grand Larceny.

I go to school at JMU, in Harrisonburg, VA. One night in October a few of my friends and I were on my deck talking and we notice 2 laptops in the grass, it had been raining. We pick them up and on the screen of one of the laptops, there is a name. I looked that person up, met up with her and gave her the laptop. The other laptop gave me a blue screen, I ran a recovery on the laptop to find who the owner was, I couldn't find anything. So I proceeded then to use the laptop, I didn't think anything of it. I took steps to find the owner and came up with nothing. Two months later however, the police showed up to my house with a warrant and seized the laptop. I told the officers what had happened and they told me my story was "bull", they tracked the laptop via the school's network. The police said they would turn to the commonwealth to get a charge. They think I robbed this persons house, and I did not. It has been a week now, and I have heard nothing. My lawyer says "I don't think they have enough to produce a charge against you." I have spoken to a few friends who tell me that this is far more serious than I think it is, and I will be charged. What steps should I take?
Thanks in advance
  #2  
Old 12-17-2008, 09:31 PM
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Location: Southern California
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Quote:
Originally Posted by Am-e36 View Post
I have spoken to a few friends who tell me that this is far more serious than I think it is, and I will be charged.
Friends without a law degree are not who you should be asking for legal advise.
Quote:
What steps should I take?
Thanks in advance
What else did your attorney say? If the only advise he gave was that he didn't think they had enough to charge you, he must not be much of an attorney. Is he a criminal attorney?
At the very least he should have told you not to talk to the police or anyone else about this situation unless he is present. Did he tell you this?

BTW, I find your story to be a typical "I found it" crock of toro dookiedoo as well. First off, finding two lap tops in the grass, one of which belongs to some lady and the other to a school system,,,, I mean, what are the odds?

Then you ran a recovery? Are you saying you wiped it and reinstalled an operating system? This sounds exactly like something someone would do with a stolen lap top and who is aware that it is a stolen lap top.

Keep your mouth shut and wait to see if your charged with a crime. If and when it happens, speak to your attorney. He may just be surprised,,,,, If he is, find another one and do as instructed.

and for Gods sake, stay away from that grassy area where these stolen things pop up out of no where!
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If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #3  
Old 12-17-2008, 09:40 PM
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I agree.

Here is what the prosecutor will say to your story.

You found two laptops. Returned one, but, since you couldn't bypass the security login, wiped the other and reinstalled the operating system.

There are number of ways you could have found the owner. You did none of them.

No one will believe you saw two laptops left under your window. Did you think you were visited by the laptop fairy? Was there a quarter under it?

If your lawyer doesn't think that possession of stolen property is enough to press charges, he got his law degree off the back of a cereal box. And not even good cereal but that "40 pounds for a dollar" cereal.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #4  
Old 12-17-2008, 10:47 PM
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Join Date: Dec 2008
Posts: 2
The other laptop didn't belong to a school system...it belonged to a student. They both belonged to students. One student got it back, the other one I didn't know who it was. It didn't really dawn on me to turn it in to someone like the police, I just didn't really think about it. I really messed up, and I don't want to be in this situation and don't have 10,000 to spend on hiring a crazy good lawyer. I'm now getting threats over the internet from the owner of the other laptop, I'm assuming its him, its the same name on the warrant. I just don't know what to do. I feel I need to be proactive about the situation and not wait until I get charged or not.
  #5  
Old 12-18-2008, 01:26 AM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,503
Lets see if I've got this straight. We've already gotten past the discovery of two laptops found on the grassy knoll. One of the two (The one of less value no doubt) you were able to do the right thing with and return it to the rightful owner.
Now when you returned laptop number 1 to the rightful owner, did you mention how you came into possession of it?
Did you mention that not only did you hit the laptop lottery once, but twice?
If so, did you happen to ask the first grateful owner, if they new who laptop number 2 belonged to? (The blue screen unit)
Did you happen to ask them how they became separated from their laptop?
Did you know this person prior to finding their laptop?
I ask because these are the type of questions I would have wanted answers to, if I was looking for the owner of laptop number 2.

I also ask for another reason, but I'll save that one until you answer these questions first.
__________________
If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #6  
Old 12-18-2008, 06:50 AM
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Join Date: Feb 2007
Posts: 8,247
Gee, when I find a valuable item and can't immediately determine the owner, what comes to mind is not using it myself. I'm sure the JMU security department would have been glad to take possession of the laptop at that time.

And as the police say, I say bull. How was it they homed in on you as the possessor of the laptop with a search warrant.

Anyhow. Felonies aren't anything to screw around with. Don't talk to people about this other than a lawyer.
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