Legal Question in Criminal Law in Florida

borrowed items never returned

Someone asked my son to use his cell phone to make a call. He was momentarily distracted, and the person left with the phone. Two days later, we called the police and were told the it was not theft because he gave the person the phone. They told me that no matter how long this person keeps it, no theft took place. They even told me that the same rules apply to cars: if I loan my car for an hour that even six months later, if it's not returned there is no recourse. How can this be?


Asked on 11/16/08, 5:31 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: borrowed items never returned

I dont agree with the officer as it relates to the car, but the phone is a lost cause.

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Answered on 11/17/08, 8:09 pm
Brent Rose The Orsini & Rose Law Firm

Re: borrowed items never returned

Think of it this way: if someone rents a video, then doesn't return it on time, how does Blockbuster prove that it's theft? It started--at least apparently--as a rental, a borrowing. To be theft, the person must have intended never to have returned it when they took it. It's easy to prove they were stealing it if Blockbuster didn't hand it to them, if they stuck it in their pocket and walked out. It's tough to prove stealing if they willingly handed it to the person as a rental.

Had the person snatched it from your son, it's easy to prove the person intended to steal it. Since your son loaned it to him, why is it any different than just not returning a video on time?

The only recourse is small claims court.

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Answered on 11/16/08, 11:01 pm


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