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theft

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tech_girl

Junior Member
What is the name of your state? TX

Hi I took a laptop from a previous job. I forgot I had it and I quit the company. 4 months later I noticed I still had the laptop so I decided to sell it on Ebay. My previous company reported it stolen and I recently got an email from a local policeman that I sold a stolen laptop on Ebay. I have never committed a crime before, what kind of trouble am I in? Thanks for any advice you can give.
 


Happy Trails

Senior Member
tech_girl said:
What is the name of your state? TX

Hi I took a laptop from a previous job. I forgot I had it and I quit the company. 4 months later I noticed I still had the laptop so I decided to sell it on Ebay. My previous company reported it stolen and I recently got an email from a local policeman that I sold a stolen laptop on Ebay. I have never committed a crime before, what kind of trouble am I in? Thanks for any advice you can give.
What was the value of the item?
 

Happy Trails

Senior Member
tech_girl said:
It sold on Ebay for about 750
Then it appears that it is a Class A misdemeanor.

From California statutes:

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

Hopefully the value of the laptop wasn't over $1500, if it was then it could be a state felony charge.
 

tech_girl

Junior Member
Do you think prison will happen for a first time offender? Also if I sold it for 750 but the laptop value is over 1500, will that make it a felony? What value do they go off of, like from the laptop company? Last question, if it is a felony how does that change my punishment? Thanks for all your help, I honestly did not mean to commit any crime.
 

Happy Trails

Senior Member
tech_girl said:
Do you think prison will happen for a first time offender? Also if I sold it for 750 but the laptop value is over 1500, will that make it a felony? What value do they go off of, like from the laptop company? Last question, if it is a felony how does that change my punishment? Thanks for all your help, I honestly did not mean to commit any crime.
You might get a deferred adjudication. (You can research that on line.) That is if they charge you with what I mentioned in prior post.

I was concerned about the value of the property, that is why I told you the cut-off amount and the fact that it does change it to a state jail felony.

§ 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.


You can wait and see what they are going to charge you with, but I would advise that you consult with an attorney.
 

outonbail

Senior Member
I sold it for 750 but the laptop value is over 1500, will that make it a felony?
Most likely


What value do they go off of, like from the laptop company?
Fair market value or the replacement value. Don't forget the loss of programs, information and work which sold on E-bay along with the unit itself.

if it is a felony how does that change my punishment?
Increase in jail time and fine amount. You'll be getting promoted to the big league, playing hard ball, no more underhand pitching! State penitentiary instead of county time. Then parole! You will lose many rights. If your given felony probation it is much more formal. Checking in with your probation officer, monthly reporting, subjected to random searches, not allowed to leave the state, not allowed to move from your residence without permission, you must report all police contact and so on. You'll enjoy it, it's lots of fun!

I honestly did not mean to commit any crime.
Translation: I honestly did not mean to get caught committing any crime.
 

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