Legal Question in Criminal Law in Maryland

is this a false report?

my ex and I were in a fight and I left the apartment. when i left I grabbed what i thought was my cell phone and keys. He called the police and said i stole his cell phone. We have the EXACT same phone and you can't tell them apart until you open it and look at the display. When he called me and told me that i had his phone i went to give it back but he wasn't there. i went to his job and he wasn't there either. when i finally caught up with his hours later the same day he had already filed a report and i am charged with first degree theft and first degree bulgary. I don't understand. i had keys to the apartment and have no reason to steal anything. since he has his phone back am I still liable. I made no calls on it. Will i receive jail time or a criminal record?


Asked on 10/11/05, 10:51 am

1 Answer from Attorneys

Inadvertant taking of cell phone

To be convicted of theft, the State must prove you took, and intended to take the property of another without their consent. So you should be found not guilty, since you had no intention of taking your ex's cell phone. That being said, a criminal trial lawyer, like myself, can best argue the case for you. The penalty for theft is $500.00 fine and jail time (the chances of you going to jail, based on what you said, are slim and none.) Talk to a lawyer.

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Answered on 10/15/05, 8:11 am


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