really worried

[caliphil]

What is the name of your state (only U.S. law)? california

i was picked up at my job by detectives for having a stolen laptop. I found this laptop a month ago on the train. the detectives then found me with some gps on the laptop and took my picture. They drove me to my house, where i had the computer and i returned it to them. they told me i should recieve something in the mail about this case once it goes to the DA.
i was never really told what and if i was charged with or read my rights. can someone please explain to me the process ? can i get arrested anytime and go to jail? what I'am looking at?

 

[Antigone*]

What is the name of your state (only U.S. law)? california

i was picked up at my job by detectives for having a stolen laptop. I found this laptop a month ago on the train. the detectives then found me with some gps on the laptop and took my picture. They drove me to my house, where i had the computer and i returned it to them. they told me i should recieve something in the mail about this case once it goes to the DA.
i was never really told what and if i was charged with or read my rights. can someone please explain to me the process ? can i get arrested anytime and go to jail? what I'am looking at?

So you couldn't have taken the lost lap top to a police station?

No matter, I suggest you get an attorney to represent you. Dont' speak to the police without one.

 

[sandyclaus]

What is the name of your state (only U.S. law)? california

i was picked up at my job by detectives for having a stolen laptop. I found this laptop a month ago on the train. the detectives then found me with some gps on the laptop and took my picture. They drove me to my house, where i had the computer and i returned it to them. they told me i should recieve something in the mail about this case once it goes to the DA.
i was never really told what and if i was charged with or read my rights. can someone please explain to me the process ? can i get arrested anytime and go to jail? what I'am looking at?

So, you just figured, "finders keepers"? It just doesn't work that way anymore. As you soon realized, the laptop that you "found" was reported stolen, and they were able to locate the person in possession of the stolen item pretty easily.

Unless you are able to prove that you DIDN'T steal the laptop, you're probably looking at a theft charge. At the very least, you'd be looking at possession of stolen property. If you actually just found the item, you were obligated to take it to Lost & Found at the train station or give it to police. Keeping it was never an option for you.

 

[dave33]

What is the name of your state (only U.S. law)? california

i was picked up at my job by detectives for having a stolen laptop. I found this laptop a month ago on the train. the detectives then found me with some gps on the laptop and took my picture. They drove me to my house, where i had the computer and i returned it to them. they told me i should recieve something in the mail about this case once it goes to the DA.
i was never really told what and if i was charged with or read my rights. can someone please explain to me the process ? can i get arrested anytime and go to jail? what I'am looking at?

The response that you found the computer was good enough so the officers did not feel they had a good enough case to arrest you on the spot. The officers will now make a report and forward it to the district attorney. The district attorney will than make a determination whether or not he thinks he should prosecute and/or you committed a criminal offense. If he feels he should move forward with criminal proceedings, a warrant will be issued. goodluck.

 

[CdwJava]

Oh, a crime WAS committed. At the least it was a misdemeanor offense of misappropriation of found property. At most, he was in possession of stolen property which can be charged as a felony. Whether the DA chooses to pursue it or not will depend largely on his resources and desire, I presume. I expect that if the police put any work at all into it (and apparently they did) they will be seeking SOME prosecution.

 

[davew128]

Oh, a crime WAS committed. At the least it was a misdemeanor offense of misappropriation of found property. At most, he was in possession of stolen property which can be charged as a felony. Whether the DA chooses to pursue it or not will depend largely on his resources and desire, I presume. I expect that if the police put any work at all into it (and apparently they did) they will be seeking SOME prosecution.

Interesting take. I wonder what your thoughts are as pertains to some examples shown here http://www.shouselaw.com/appropriation-lost-property.html

It would seem to me that if identifying info were on the computer (maybe/maybe not) then the charge is warranted. If not, then no.

 

[sandyclaus]

Interesting take. I wonder what your thoughts are as pertains to some examples shown here http://www.shouselaw.com/appropriation-lost-property.html

It would seem to me that if identifying info were on the computer (maybe/maybe not) then the charge is warranted. If not, then no.

...the detectives then found me with some gps on the laptop and took my picture...

The computer was located with the assistance of GPS, which would have required either a special device or software in order to activate it. The device and/or software usually requires some sort of registration, which can easily be tracked back to a specific property owner.

 

[CdwJava]

Interesting take. I wonder what your thoughts are as pertains to some examples shown here http://www.shouselaw.com/appropriation-lost-property.html

It would seem to me that if identifying info were on the computer (maybe/maybe not) then the charge is warranted. If not, then no.

That's the defense take. But, to be raised he would have to be arrested.

485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.​

Since it is serialized property, there is a means to find the owner. Notifying the police is one "means of inquiry" - we can contact Dell, HP, Toshiba, etc., and may well be able to track it down. On the other hand, if we hold it for 30 days and no one claims it, then the person who turned it in can sustain a finder's claim to the property.

What the details are in this instance, who knows?

 

[caliphil]

Thanks you all for the info. I don't want the police to just show up and arrest me. An attorney I cannot afford. Should I contact the public defenders office? Could they even help me now? Do I have to wait until I get arrested? I guess that when the detective said you'll hear from us by mail, that meant we will be coming to your house to arrest you.

 

[CdwJava]

Thanks you all for the info. I don't want the police to just show up and arrest me. An attorney I cannot afford. Should I contact the public defenders office? Could they even help me now? Do I have to wait until I get arrested? I guess that when the detective said you'll hear from us by mail, that meant we will be coming to your house to arrest you.

The public defender cannot help you until you have been charged, and usually not until appointed by the court.

They may come to arrest you, they might also mail you a summons if they have a good address for you. Or, the DA may do nothing at all. About all you can do is wait.

 

[dave33]

Thanks you all for the info. I don't want the police to just show up and arrest me. An attorney I cannot afford. Should I contact the public defenders office? Could they even help me now? Do I have to wait until I get arrested? I guess that when the detective said you'll hear from us by mail, that meant we will be coming to your house to arrest you.

Unfortunately you must first be arrested before you become eligible to be represented by the public defenders office.
As far as what the officer said, who knows? I believe he was insinuating that a summons would be coming soon to mandate your appearance at court. He wasn't saying that to forewarn you or be helpful, I would guess he was just acting and saying how cops act. At that point he didn't have much of an idea as to what was going to happen. You will just have to wait.
I believe in this situation it is particularly important not to let the cops trick you into making any statement. None at all, if you are arrested do not try to talk your way out of it. Let them prove their case in court. Although you will most likely not be going to trial with a public defender. goodluck.

 

[caliphil]

Thanks for the quick response insight.

 

[davew128]

The computer was located with the assistance of GPS, which would have required either a special device or software in order to activate it. The device and/or software usually requires some sort of registration, which can easily be tracked back to a specific property owner.

Which doesn't necessarily lead one to know who owns the computer.

 

[CdwJava]

Which doesn't necessarily lead one to know who owns the computer.

That's why you call the cops!

You ask for a finder's claim and if it is not returned to an owner in 30 days, it could be yours.

 

[justalayman]

Which doesn't necessarily lead one to know who owns the computer.

You really need to read about lost or misplaced property. We do not live in a "finders keepers" world. If so, I would have a brand new Mercedes that the driver foolishly left on the street. I know, it was in front of his house but how was I to know that? I mean, dang, do you really expect me to go to all the trouble to figure out who owns it when I have such a perfect use for it taking my chickens to the farmers market on Sundays and all?


did you even bother to read the possible defenses that site put forth?

Defenses
Fortunately, our team of skilled defense lawyers knows the most effective legal defenses to help you fight your case. We can help explain that you didn't intend to keep the property, but were holding onto it in case clues surfaced as to the owner's identity. Or we can try to persuade the court that either


you tried to contact the owner but were simply unsuccessful, or


there was nothing you could reasonably do to identify the owner.

1. you didn't intend on keeping the property- Obviously not applicable to the OP

2. holding onto it in case clues surfaced as to the owners identity- well, using it for your own purposes kind of proves that wasn't the case- OP loses

3. attempt to persuade the court you tried to contact the owner- first, realize this is basically "we will lie and say you tried to return it" -obviously not applicable to the OP

4. nothing you could reasonably do to ID the owner- well, that obviously doesn't apply to the OP. You have to do something for that to apply and OP didn't do anything to attempt to find the owner.