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[OR] Can returning allegedly stolen property to police help prevent theft charges while a case is under investigation?
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Connect me to a criminal defense lawyer
I understand that you may be facing a challenging situation. Can you please share what specific criminal matter you need assistance with?
Theft.
Have you already been charged, or are you currently under investigation?
Currently under investigation.
Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your theft investigation.
No.
Hey there! Welcome to our service. I'm an attorney with many years of experience. I understand you're currently under investigation for theft. Have you considered any legal steps or protections regarding this matter?
I have a question regarding the best choice to make that maximizes protection between the 2 choices provided by the police.
Could you tell me what the two choices provided by the police are? This will help me understand your situation better.
Yes. The entire goal is to remain not charged as it stands now, not cause myself to get charged.
Yes. The entire goal is to remain not charged as it stands now, not cause myself to get charged.
State of Oregon. Accusing party wants defendant charged with criminal felony theft 1 of two small items. Police determined there is NOT enough reasonable suspicion that the defendant is both in possession of the 2 items belonging to the accusing party AND choosing to withhold the items/ deprive the person of their property. Police gave the DA's office their investigatory paperwork on this case with statements from both parties and the police's determination to not press criminal charges and have the DA take it from here, but informed the defendant that the DA can override the police and press charges after they get around to looking into the case. The main police officer of this case informed the defendant that if they do come across or find the 2 items, that they call the officer to come to the defendant's house and retrieve the items, or go to the police station and drop them off. If the defendant does find the items, which they have no intent on keeping, is it legally smart to do either of those 2 options for returning? Can the accused be charged afterwards? Should the defendant have someone else go to the police station when returning the items? How does the defendant protect themself once items are located? The accusing party has trespassed and blocked the defendant.
Here's how you can handle the situation to maximize your protection:
- Document Everything. Keep a detailed record of all interactions with the police, the DA, and the accusing party. This includes dates, times, and the content of conversations. If the accusing party has trespassed or blocked you, document these incidents as well. This documentation can be crucial if the case progresses.
- Returning the Items. If you find the items, consider having your attorney or a neutral third party return them to the police. This can help demonstrate that you have no intent to withhold the items and can provide a layer of protection against potential charges. Under Oregon law, a person commits theft only when they act with intent to deprive another of property or to appropriate it (OR Rev Stat § 164.015), and "deprive" is defined in (OR Rev Stat § 164.005), so a prompt and documented return can bear directly on that element. Ensure that the return is documented, with a receipt or acknowledgment from the police.
- Communicate with the DA. Your attorney can communicate with the DA's office to clarify your position and provide any evidence that supports your case. This proactive approach can sometimes prevent charges from being filed. The charge the accusing party is seeking, theft in the first degree, is defined in (OR Rev Stat § 164.055), and the time the DA has to file charges is governed by Oregon's criminal statute of limitations (OR Rev Stat § 131.125).
- Avoid Direct Contact with the Accusing Party. Given the history of trespassing and blocking, it's best to avoid direct contact with the accusing party. Let your attorney handle any necessary communications to prevent further complications.
Please let me know if you have further questions.
As it stands I have no legal representation so would you say the best course of action to maximize legal protection and avoid getting charged as a result of returning the items is to have a neutral third party return the items to the police station? The return would be within a month of the accusing party making the criminal accusation.
I hope I was able to help resolve your issue! Given your situation, having a neutral third party return the items to the police station could be a wise choice to demonstrate your intent to cooperate and avoid any potential charges.
If you have any other questions or need further assistance, feel free to ask. Don't hesitate to reach out whenever you need assistance!
Should I call the main police officer on this case and let him know in advance the items are being dropped off at the police station by someone else?
Yes, it would be a good idea to call the main police officer handling your case to inform them in advance that the items will be dropped off by a third party. This ensures transparency and shows your willingness to cooperate. It also allows the officer to be prepared for the return and to document it properly. If possible, ask for a receipt or acknowledgment of the return for your records.
I'm sure the officer will start asking questions on that call such as where was it found and how did they get found and why did it take X amount of weeks to be found, etc. How do I handle that?
When speaking with the officer, it's important to be honest and straightforward. You can explain that you were not aware of the items' location initially and that they were found unexpectedly. If it took some time to locate them, you can mention that you were actively looking for them and returned them as soon as they were found.
If you're unsure about any details, it's okay to say that you need to check or that you're not certain. The key is to remain calm and cooperative. If you feel uncomfortable answering any questions, you can politely mention that you would prefer to discuss it with legal counsel first.
Let me know if you have any other questions or need further assistance!
Do you believe I will get charged after the return.
It's difficult to predict with certainty whether charges will be filed, as it ultimately depends on the DA's assessment of the case. However, returning the items promptly and cooperating with the police can demonstrate your good faith and lack of intent to commit theft, which may work in your favor.
If you have any other questions or need further assistance, feel free to ask.
So after the items are returned, the case is not closed and the DA is still assessing the case
Yes, returning the items doesn't automatically close the case. The DA still has the authority to review the case and decide whether to file charges. However, your cooperation and the return of the items can be positive factors in their assessment. If you have any more questions or need further assistance, feel free to ask!
I asked the officer if I will get a search warrant on my home and the officer said, not as it stands, you will only if new evidence proves or suggests you do in fact have possession of the items currently. What does that evidence look like - what new evidence could appear that would prove or suggest that? Social media post, for example?
Yes, a social media post could potentially be considered new evidence if it suggests possession of the items. Other types of evidence might include witness statements, surveillance footage, or any communication that indicates you have the items. It's important to be cautious about what you share publicly and to maintain transparency with the authorities. If you have more questions, feel free to ask!
Thank you, that's all.
You're welcome! If you have any more questions in the future, feel free to reach out. Take care and best of luck with everything!
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