Could school charge me with theft for a chrome book that was borrowed from them and reported as lost and I agreed to pay?
6 attorney answers
You are not guilty of theft. You should take this case to trial. Remember if you hired an attorney, he/she has to go to trial with you. They cannot make you plead. However, no matter how straight forward a case seems, rules of evidence are complex. However it is possible that simple disclosures in advance could get the case dismissed. Call a lawyer.
Is it possible you e charged? Yes. Is it likely? No. Are there defenses? Yes. A crime of theft involves intent. That goes beyond negligence in losing the item. They would have to prove intent to steal the item beyond a reasonable doubt which, without more, seems exceedingly unlikely.
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Yes. No more talking to the authorities or any non-lawyer, or posting facts online. Have you parents help you hire a lawyer when you get charged. A Theft is a lousy thing to put on a resume and college applications.
The State can charge a lot of things, it doesn't mean you are guilty. If you borrowed the item and later lost it due to circumstances beyond your control (and within your control even) I am not sure how that would meet the theft elements under Minnesota law. Your attorney will hone in on the precise language of the statute and argue that you are not guilty. If you are proceeding on your own at the moment, you are proceeding unwisely to say the least.
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Actually, a "school [can't] charge [you] with theft for a chrome book that was borrowed from them and reported as lost and ]you] agreed to pay." The school could report it to police and then the prosecutor could charge you. It appears the school doesn't share your version of the facts. Agreeing to pay for stolen property doesn't get the thief off the hook.
If you are "taking it to trial" it seems you have been charged. Maybe it's time to call an attorney.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
It’s possible that the offense could lead to a theft charge but if restitution is made that may not lead them to filing such a claim.