Returning Alleged Stolen Property? Please help!! Someone, Anyone?!

[Scared7773]

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

[HappyWanderer]

Claim and reality can be different things. What can you prove? What can she prove?

Sure, accepting your story, you didn't steal anything. What will she say happened?

[HighwayMan]

If you really wanted to CYA then you should have met her at the station and returned them in the presence of the detective who took the complaint.

Or get a notarized statement from her saying they were returned. Although maybe that would be asking too much.

[dave33]

That is a tough situation because you don't know how the complaint reads. On order for her to demand them back, she is obviously claiming you had no right to them. So the text and the return of the rings, could vey well in essence, be a confession to the actual theft. These two things alone could be the foundation of a felony. Hopefully civility will prevail and that is the end of the situation. The law you quoted does nothing to protect you from a theft charge.