
Originally Posted by
Scared7773
I was hanging out with my girlfriend last weekend and she told me she bought me a pair of earrings. I thanked her and put them on. They are 1 carat gold. We had a bad argument during the week and she asked for them back. I told her no because they were a gift.
Yesterday I get a call from a detective at the police department saying I needed to return the earrings because my now ex girlfriend said I stole them! I sent her a text and told her she can have her earrings. Then I called her and met up with her and returned them.
I am currently on probation for a possession charge in 2006 and I didn't want to get into trouble for having police contact. Is this theft case over with? I tried calling the detective back but he has yet to return my call. I looked up the Colorado law on theft and it says theft is only if you were intending to permanently keeping the stolen property. Doesn't it count that I gave the item back that she claims I stole? Any advice?! I know that it was real detective because I called him back after he left the message on the answering machine.
Also, will the police see that this is just a woman scorned. We were arguing because I didn't want to go to the movies with her. She's 32 and I'm 29 and she acts like a kid when she doesn't get her way. Is it basically he said, she said? I know I should have put in the text message that yes I will return your gift instead of I will return your earrings. I'm so stresssssed about this, I can barely sleep.
CO Statute text
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein
What? Your girlfriend gave you earrings?
Gift? Your perception. Theft? Hers. If you returned them then NO, you probably won't be prosecuted.
Probation huh? Wonder what she will be telling your PO LOL
"They don't give a damn about any trumpet blowing band........it ain't what they call rock and roll................"