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Possible Theft of Abandoned Property

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

I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there (through text), and I said yes. I moved out a month later to another state and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. He indicated that if I didn't reply, he would file a police report. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him? Should I even acknowledge having it? How will the police and prosecutor likely respond to his report?
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Alabama

I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there (through text), and I said yes. I moved out a month later to another state and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. He indicated that if I didn't reply, he would file a police report. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him? Should I even acknowledge having it? How will the police and prosecutor likely respond to his report?
Don't start a new thread. Please keep your questions all in one thread.
https://forum.freeadvice.com/landlord-tenant-issues-42/abandoned-property-597374.html
 
Op

Sorry, since no one was commenting on criminal implications in the other thread, I wanted to make sure my thread was being viewed by experts in criminal law.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Alabama

I had a roommate who moved out and left property at our house. He had a separate lease. Six months after he moved out, he asked if it was still there (through text), and I said yes. I moved out a month later to another state and took it with me. It is worth less than $200. He has been trying to get in touch with me to get it back. He indicated that if I didn't reply, he would file a police report. My research indicates that it's still his (which I was unaware of), and I shouldn't have taken it. Can I be held criminally liable? Do I need to send it back to him? Should I even acknowledge having it? How will the police and prosecutor likely respond to his report?
Its unfortunate that you didn’t do the “research” before you left the state with property that didn’t belong to you.And the best way to deflect criminal charges is to promptly restore possession of the property to the rightful owner.

The only way that you could rightfully claim the property as your own would be that the owner had either (1) voluntarily relinquished any and all future claims of ownership, or (2) that it remained unclaimed by the owner for a period of three years, See: Alabama Code Section 35-12-72 (a)(18).
 

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