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Can I get hit with theft for this?

Montrose, CO |

So I had an ex-kinda-girlfriend we never dated just liked eachother. She gave me an old android phone like 5 months ago, now that shes all mad at me she wants it back. And she wants to take me to court over it if I dont give it back to her she says. She says im committing theft if I dont return it. Is this true? Theres no written agreements or anything, she claims we had a verbal agreement that I had to give it back whenever she wants. And now she wants it back. I told her ill give it back in some days once I find a new phone, shes being real mean and edgy on this. Can I keep the phone, I mean she did give it to me, theres no agreements. Its service is under my moms name with at&t. Nothing of hers. She is with at&t as well but not same service or whatever you know? My SIM card is in the ph

Shes also threatening me with sexual harassment ? We hungout a total of like 5 times. All I ever did was text her nice and sweet things, and just get worried when she wouldnt text back. The only thing I can think of that could be considered that is i made a joke, and word for word in text "Dam girl I wanna get in your pants! What size are they?"

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Attorney answers 3


I would simply give the phone back ASAP. The last thing that you need is a theft charge, let alone conviction, on your record.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.



Even after shes gave me this phone and ive had it this long? Youre sure about this? Could I get some more details?


I agree. Give the phone back. It is not worth it to have the police call or arrest you over an argument with an ex.



I would need proof that says that she said that I can have it. Or would she need proof?

Brandon Uriah Luna

Brandon Uriah Luna


In the investigation phase you should assume you need to get as much evidence to support your position as you can. Thus, you need the proof.


It's not theft. That said, give it back to avoid the headache!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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