Legal Question in Criminal Law in Maryland

Can theft be charged if items were in possession of the owner at the time of the

Can a theft charge be filed if the products were returned and already in possession of the proper owner at the time that the file was charged? I had a charge brought against me for demo units that were returned late, but they were at the company when the charge was filed. I need to know for myself what I am to expect.


Asked on 3/01/01, 3:55 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Can theft be charged if items were in possession of the owner at the time of

Criminal warrants are just like civil cases in one sense. If a person has the necessary fee and can persuade a magistrate, he can swear out a criminal warrant for anybody for any offense under the state law.

Getting a conviction is the hard part.

Just because you are charged with larceny you should get yourself to a good criminal lawyer immediately, if not sooner. Yesterday would not be too soon.

In the meantime make NO statements to anybody (not your girlfriend, your best buddy, your mamma or anybody else) about the facts of the case and the allegations made until you bare your soul to your lawyer.

Do not take your girlfriend, best buddy or mamma (or anybody else) into the attorney's private office to discuss it with the attorney.

Criminal charges such as this are serious stuff and can affect you for the rest of your life.

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Answered on 4/25/01, 6:17 pm


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