I was accused of stealing somebody's cell phone at an ihop, they have a video of me picking up a phone off the table but we happened to have the same phone. They called the cops and asked me for the phone, which I did not have. Then the cops searched my car and my personal belongings, three of my friends were also searched. No phone was ever found but mine. My court is on the 29th and I don't know where to start.
Criminal Defense Attorney
Petit Larceny is a misdemeanor. However, if the prosecution proves that you knew the phone was stolen, they can charge you with Concealing Stolen Property, which is a felony. Nevertheless, it sounds like an honest mistake that will easily be dismissed. Bring your phone and your phone bill showing that you accidentally picked up the wrong phone. Unless there is some other evidence showing that you intentionally took the persons's phone, it should be an easy dismissal.