McGilvray, 29, is now charged with felony larceny. He was arrested at the Wake County Justice Center on Tuesday morning and posted a $3,000 secured bond that afternoon to get out of jail. He will face a judge Wednesday morning at the Justice Center.
Behind him, a man investigators have identified as Steven Patrick MacGilvray clears security and appears to see the wallet lying on the floor. He even appears to glance over his shoulder at it as he gathers his belongings.
Another security camera shows him walking into the elevator lobby. Steven Patrick MacGilvray. Investigators said he is looking inside the wallet, which they say had $1,600 in cash in it.
If a law requires that you turn over money you have found to the police and you do not do so, you could be charged with larceny or theft. Even though you did not steal the money by taking it directly from its owner, you are holding the money and not trying to return it.
If the money is in a wallet, you should check for ID. If the wallet contains no ID but does have credit cards, you can call the customer service number on a credit card and the card company can contact the owner. You also should look inside a container of cash for any information it might contain about the owner.
Many communities have local laws or ordinances governing what a person must do if he finds cash and does not know who it belongs to. These laws usually require that a person who finds money, especially larger amounts (for example $100 or more), turn it over to the local police.
If you find a $20 bill on the sidewalk, it is common courtesy to ask others walking nearby if they might have dropped the bill. There is always the risk that someone will say they dropped the money just to be able to claim it.
There is always the risk that someone will say they dropped the money just to be able to claim it. In those kinds of situations, you have to use your own judgment about whether the person claiming the money is being truthful. If the money is in a wallet, you should check for ID.
Instead, if you took the laptop and put it in your own bag, then you could be charged with theft. However, if there was no reasonable way for you to return the property, then you cannot be charged with theft for keeping it.
Rules for Returning Lost Property. To be charged with keeping lost property, the prosecution would have to prove that: You found lost property that you knew did not belong to you; You had the opportunity or ability to return it to the owner; and . You made no effort to return it to the owner. Charges in these cases are based on the concept ...
To get started on your case, schedule a free consultation by calling our office at (714) 530-9690 or toll-free at (888) 478-8999. Posted in: Theft Crimes. Whether you're facing a felony or a misdemeanor, don't risk a conviction.
Under California Penal Code 485, if you find property that was lost by the original owner, you are legally obligated to return it to the owner, if possible. If you make no effort to return the property and keep it for yourself, then you could face either misdemeanor or felony theft charges. The key difference between your charges will be ...
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Misdemeanor grand theft can lengthen a petty theft sentence to up to one year in jail, while felony grand theft results in: Up 16 months, two, or three years in a state prison.
If you kept a piece of property valued at $950 or less, then you can be charged with misdemeanor petty theft, which can result in: Up to six months in a county jail. Return of the property or restitution to the owner. Probation. In turn, if the property was worth more than $950, then you can be charged with grand theft.