Petty theft - Question about procedure

[KristenJohnson]

What is the name of your state (only U.S. law)? California
I made the biggest mistake of my life a couple of evenings ago. My 13 year old daughter was at her father's house and advised me he had left his phone there. It had a lot of information pertaining to our recent court date. Like a fool, I went to pick her up so I could read it. I panicked that he would drive by so I dropped her off but held on to the phone. (Yes, completely stupid) I took the phone home, proceeded to read everything in it until it ran out of battery power. In the interim, the police were apparently outside of my home w/ my ex and children. I didn't know this until after the fact. They didn't come to the door at any point. Nobody contacted me. My daughter sent me a text later that night saying that my ex suspected I had the phone and that she had given it to me, called the police, the police had questioned her, she plead the fifth and they eventually left but had mentioned that they would be back to question me the next day.

The next morning, I dropped the phone off on his doorstep. I waited at home all day and never heard a peep from the police. I contacted an attorney, just in case I were to be arrested. He stated that he felt it was likely I would be arrested however he also seemed extremely eager to get a retainer from me on the spot.

My questions:

Could the fact that the authorities haven't contacted me yet mean that perhaps they are not going to pursue the matter?

What is the process if they do choose to pursue it? Will charges be filed first? Will I be notified or do they just show up and arrest you?

I've never been in any kind of trouble before and I'm an absolute nervous wreck over this. Should I retain an attorney at this point or wait until I'm arrested?

If they arrest me, I believe this is considered fairly minor to the police (obviously not to me..) Will they book me and send me home or will I have to go to jail?

Please be kind. I just need some advice. I couldn't be more remorseful for stealing and more-so for involving my daughter. Will she get in any trouble being that she brought me the phone?

NOTE: He is lying and saying that I entered his home and took the phone which is completely untrue.

Thanks.

 

[>Charlotte<]

Could the fact that the authorities haven't contacted me yet mean that perhaps they are not going to pursue the matter?

It could be that they're not going to pursue the matter, but not having contacted you yet isn't indicative of that.

Will I be notified or do they just show up and arrest you?

The police don't generally give you warning that you're about to be arrested.

Should I retain an attorney at this point or wait until I'm arrested?

Wait until you're arrested. It wouldn't hurt to shop around first so you'll be ready, but you won't be able to do that until Tuesday.

Will they book me and send me home or will I have to go to jail?

You'll be at least booked and processed and held until bail is set. If you're arrested during this holiday weekend, you may have to be in jail until Tuesday. Some municipalities don't have magistrates that work 24/7.

...my daughter. Will she get in any trouble being that she brought me the phone?

I doubt it.

He is lying and saying that I entered his home and took the phone which is completely untrue.

How is he lying? It's what he believes. He doesn't know what happened, because your daughter refused to tell the truth.

 

[justalayman]

. In the interim, the police were apparently outside of my home w/ my ex and children. I didn't know this until after the fact. They didn't come to the door at any point. Nobody contacted me.

so, your ex, your daughter, and the police just decided to meet at your house without inviting you to the party when they could have sat in nice comfy chairs at his house. and this is with, supposedly, your daughter not telling the ex or the police you had his phone. Seriously? Does that sound believable to you?

I think there is something untrue or missing from your story. It makes no sense they would go to your house and not make an attempt to contact you.

 

[Ozark_Sophist]

You could potentially face a number of possible charges and loss of custody of your children. As a parent, you should never involve a child in criminal activity, involve a child in custody/court, and put a child in a position that they have to lie to the police for you. The emotional damage to your child is incredible and will continue unless you confess and apologize to your child and tell him he should always tell the truth. This kind of conflict will have long term damage to your child's psyche and counseling is highly recommended.

 

[Ozark_Sophist]

Your child could face charges for stealing the phone and obstructing, you potentially face charges for contributing to the delinquency of a minor, receiving stolen property, multiple counts of unauthorized access of stored electronic information...

 

[CdwJava]

If charged, I doubt it will be much more than petty theft. However, in theory, if you went to the residence with the intent to TAKE the phone, that would be burglary (a felony) ... and since it was a residence, it would be first degree burglary. However, if the state could not prove your intent to take the phone, then it would be petty theft - a misdemeanor. While they might, in theory, be able to charge you for access to other records via the phone, that is rare and not likely to occur.

If they were outside and never came to the door, it may be that he came to the house and called the police. Perhaps the police told him that they could not forcibly enter the house to retrieve the phone, and he might not have wanted to pursue criminal charges against you. Or, maybe he'll wait until court and bring this up. Who knows?

While it is possible that you will be charged, I cannot see that this will be TOO serious ... though it could be, and for that reason it might be a good idea to have that attorney on retainer, just in case.

 

[CdwJava]

Could the fact that the authorities haven't contacted me yet mean that perhaps they are not going to pursue the matter?

As you were advised, do not take the lack of contact as a lack of involvement. This is a low priority matter for them and it might be days or even weeks before they contact you. And there is no requirement that they contact you at all ... though in such a case they probably will.

What is the process if they do choose to pursue it? Will charges be filed first? Will I be notified or do they just show up and arrest you?

They would submit their report to the DA. The DA will review it and decide whether they want to pursue criminal charges. if they seek criminal charges, a summons could be issued commanding you to appear in court, or they could seek an arrest warrant. If a warrant is issued and the police are informed, then they might come for you ... or, they might wait.

I've never been in any kind of trouble before and I'm an absolute nervous wreck over this. Should I retain an attorney at this point or wait until I'm arrested?

It never hurts to consult an attorney (often free), but if you fear being arrested you might want to put one on retainer. A local attorney can probably tell you how likely this is to result in criminal charges. It might be more likely to harm you in the civil process than a criminal one.

If they arrest me, I believe this is considered fairly minor to the police (obviously not to me..) Will they book me and send me home or will I have to go to jail?

It is likely that you would get cited and released. However, you might be booked before you are cited and released. Unless charged as felony burglary, this is not likely to be an offense the police are going to pursue too aggressively, and not one that will require a lengthy jail stay until you make bail. Even if booked for the felony burglary, a judge would likely release you on your own recognizance after your arraignment. But, the O/R process varies some by county.

NOTE: He is lying and saying that I entered his home and took the phone which is completely untrue.

If you did not ENTER the home, how did you get the phone? Did you have your daughter bring it out to you? If so, then I can see why Ozark Sophist mentioned the possibility of a contributing to the delinquency charge.

 

[KristenJohnson]

so, your ex, your daughter, and the police just decided to meet at your house without inviting you to the party when they could have sat in nice comfy chairs at his house. and this is with, supposedly, your daughter not telling the ex or the police you had his phone. Seriously? Does that sound believable to you?

I think there is something untrue or missing from your story. It makes no sense they would go to your house and not make an attempt to contact you.

I've left nothing out of the story - You don't feel that what was written makes me look/ feel bad enough? He knows I had the phone because who else would have it? My daughter's relationship w/ him is extremely rocky and so I'm certain it was evident, when he discovered his phone missing, what happened. I've never instructed her to lie to the police or to anyone. Her "pleading the fifth" pretty much floored me. I wouldn't have had the balls to do that at age 37 much less 13. Yes, per my kids, they did sit in front of my house for a long time and spoke to all of my neighbors. As to why they never knocked on the door, I haven't a clue unless they were hoping that I would perhaps further damage myself in some way if they waited to talk to me. Maybe he came over to my house first & then called. Who knows? I wouldn't go on an advice forum & lie. What would be the point. I need assistance and for that reason, I've been straightforward.

 

[justalayman]

He knows I had the phone because who else would have it?

well, it could have fallen behind the couch. The dog might have eaten it. It might have fallen out of his pants when getting in or out of his car. Dang, there could be myriad reasons for not being able to find your phone. It being stolen surely isn't high on my list of possibilities when I can't find mine.

Who knows? I wouldn't go on an advice forum & lie. What would be the point.

I don't know but a lot of people do just that for some reason.



So, now you wait. If the kid doesn't say anything, there is nothing to prove the crime.

If you are contacted, at 37, you need to stand by your 5th amend rights and not say anything, and I mean anything short of giving them your name, without a lawyer.

 

[KristenJohnson]

As you were advised, do not take the lack of contact as a lack of involvement. This is a low priority matter for them and it might be days or even weeks before they contact you. And there is no requirement that they contact you at all ... though in such a case they probably will.


They would submit their report to the DA. The DA will review it and decide whether they want to pursue criminal charges. if they seek criminal charges, a summons could be issued commanding you to appear in court, or they could seek an arrest warrant. If a warrant is issued and the police are informed, then they might come for you ... or, they might wait.


It never hurts to consult an attorney (often free), but if you fear being arrested you might want to put one on retainer. A local attorney can probably tell you how likely this is to result in criminal charges. It might be more likely to harm you in the civil process than a criminal one.


It is likely that you would get cited and released. However, you might be booked before you are cited and released. Unless charged as felony burglary, this is not likely to be an offense the police are going to pursue too aggressively, and not one that will require a lengthy jail stay until you make bail. Even if booked for the felony burglary, a judge would likely release you on your own recognizance after your arraignment. But, the O/R process varies some by county.


If you did not ENTER the home, how did you get the phone? Did you have your daughter bring it out to you? If so, then I can see why Ozark Sophist mentioned the possibility of a contributing to the delinquency charge.

If I did give the attorney a retainer ($1500) and ultimately, no charges are pressed, would I be entitled to get that money back? My daughter had called me beforehand, saying there was something she thought I should see. As I'd stated, she indicated her dad had left his phone. I live close so I her at the corner near ex's house. My intention was to read some of the texts re: court & my kids (yes..I know..VERY WRONG). I had no intention of taking the phone. As stated, I panicked because their was more info than I had expected, it was getting late & I knew I had to get her back home So I dropped her at his house but held on to phone.

 

[justalayman]

If I did give the attorney a retainer ($1500) and ultimately, no charges are pressed, would I be entitled to get that money back?

what did your contract say to the matter?

 

[KristenJohnson]

You could potentially face a number of possible charges and loss of custody of your children. As a parent, you should never involve a child in criminal activity, involve a child in custody/court, and put a child in a position that they have to lie to the police for you. The emotional damage to your child is incredible and will continue unless you confess and apologize to your child and tell him he should always tell the truth. This kind of conflict will have long term damage to your child's psyche and counseling is highly recommended.

I fully agree with you. I put her in a horrible position but I've never asked her to lie to anyone. None of this was planned and therefore no "instruction" was given to my daughter for anything. She chose not to speak to them on her own accord. I was surprised to hear this. I have apologized to her as I do for all of my transgressions - this one obviously being the most severe.. We do attend counseling together and have a great relationship. I can only pray that I haven't done irreversible damage.

 

[BigMouthWino]

If I did give the attorney a retainer ($1500) and ultimately, no charges are pressed, would I be entitled to get that money back

This is something you must negotiate in advance with the attorney and have put in writing in a written retainer agreement. It is likely that you could negotiate for some portion of it back, highly unlikely that the attorney would agree to refund all of it. But like everything else, legal services are negotiable so try to work out the best deal for yourself that you can.