Scared7773
Junior Member
What is the name of your state (only U.S. law)? Colorado
I was hanging out with my girlfriend last weekend and she told me she bought me a pair of earrings. I thanked her and put them on. They are 1 carat gold. We had a bad argument during the week and she asked for them back. I told her no because they were a gift. Yesterday I get a call from a detective at the police department saying I needed to return the earrings because my now ex girlfriend said I stole them! I sent her a text and told her she can have her earrings. Then I called her and met up with her and returned them. I am currently on probation for a possession charge in 2006 and I didn't want to get into trouble for having police contact. Is this theft case over with? I tried calling the detective back but he has yet to return my call. I looked up the Colorado law on theft and it says theft is only if you were intending to permanently keeping the stolen property. Doesn't it count that I gave the item back that she claims I stole? Any advice?!
Statute text
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein
I was hanging out with my girlfriend last weekend and she told me she bought me a pair of earrings. I thanked her and put them on. They are 1 carat gold. We had a bad argument during the week and she asked for them back. I told her no because they were a gift. Yesterday I get a call from a detective at the police department saying I needed to return the earrings because my now ex girlfriend said I stole them! I sent her a text and told her she can have her earrings. Then I called her and met up with her and returned them. I am currently on probation for a possession charge in 2006 and I didn't want to get into trouble for having police contact. Is this theft case over with? I tried calling the detective back but he has yet to return my call. I looked up the Colorado law on theft and it says theft is only if you were intending to permanently keeping the stolen property. Doesn't it count that I gave the item back that she claims I stole? Any advice?!
Statute text
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein
