Ask Me Help Desk - Theft by deception

Theft by deception

My so called friend took me shopping cause I couldn't afford it for Christmas and things I needed we went shopping and got what I needed as well as he did shopping he wrote checks used his cards I didn't use anything he then turned around and said I deceived him we also have a notorized letter stating I owe him it was a loan and I'm to pay him back he called the police said I deceived him they kicked my door in with a search warrant took all the items he bought for me plus all my belongings that he didn't buy he lied I never deceived him can I be charged

Sorry if I don't believe it.

Police do not kick a door in on a theft warrant, they would just knock on the door. And wait for you to open it.

Next they would have a list of the stolen items or possible stolen items and only take those.
But what notarized letter, did you sign something ?

If so then just show this to the DA and they will have to drop the case since it is civil.issue

Lots of things missing, this story as written can not happen

I can't believe they kicked my door in for this and we've been friends 4 years he said in the beginning his girlfriend can't find out wow now they came in took my personal belongings that have nothing to do with what he helped me with the notorized letter made it civil I thought I feel like I was violated they said they took all the stuff to investigate do you think I'll be charged

Quote:

Originally Posted by Fr_Chuck

sorry if I don't believe it.

Police do not kick a door in on a theft warrant, they would just knock on the door. and wait for you to open it.

Next they would have a list of the stolen items or possible stolen items and only take those.
But what notarized letter, did you sign something ?

If so then just show this to the DA and they will have to drop the case since it is civil.issue

Lots of things missing, this story as written can not happen

I'm sorry but it did OK no reason to lie that's why I feel I was violated they had a list of what he bought for me took that plus my stuff they were in my house 12 hours

If they had kicked your door in, there had to be a warrant, and you would have been arrested on the stop. Are you sure it was real polcie, since police don't kick doors in for this either.

Sorry a officer for 20 plus years, this is just not how it is done in the US anyway

You must be a known criminal of some type or drug dealer or something, sorry, police in a home for 12 hours, they don't stay in a home of a murder or major theft for 12 hours.

On a theft like this, maybe 2 hours tops, the more you tell your story, the less it sounds like real police, Unless of course they were trying to prove something else on you

The notorized letter was for the amount of all the stuff he bought me but he made it seem like I deceived him he's a liar now I lost a lot of my belongings he bought me a couple gift cards maybe they thought I purchased those items with the gift card but I didn't that was my stuff I've had

Exactly my lawyer told me this was unconstitutional and the police don't like me not a drug dealer have had problems in my younger years but I'm 37 now I'm telling you they had a search warrant stating they were coming in for the items my friend purchased they had the stores listed and that they could take them once they came in they went and got another search warrant for my stuff for what reason I don't know

I've never seen anything like this in my life they said they took the stuff as evidence and they are investigating a crime theft by deception

Quote:

Originally Posted by Fr_Chuck

sorry if I don't believe it.

Police do not kick a door in on a theft warrant, they would just knock on the door. and wait for you to open it.

Next they would have a list of the stolen items or possible stolen items and only take those.
But what notarized letter, did you sign something ?

If so then just show this to the DA and they will have to drop the case since it is civil.issue

Lots of things missing, this story as written can not happen

What do you suggest cause what I told you really happened and I want my belongings back I've been crying for a week over this my lawyer said he will deal with it but I want my stuff back

Someone day something chuck?!

Quote:

Originally Posted by Chelle belle

Someone day something chuck ?!!!

I meant say sorry this is messed up I feel totally violated and in the meantime they have all my stuff

WHERE is all this happening? WHAT crimes when younger?
I have to agree that this makes no sense in the USA.

You hired a lawyer (presumably you paid something for that?) so what stage is this at?

This story is so full of it as to be virtually incoherent.

But what is OP trying to say about a "notarized letter"? If in fact she did sign such a letter to the effect that it was a loan and not a gift, she isn't going to be able to say, later in court, that he gave all of the stuff to her.

If the police obtained a search warrant based upon his story, the stuff described in the "notarized letter" would probably indeed be evidence. And the other stuff may very well be evidence of other such crimes.

I hired a lawyer because I felt violated it may sound unreal but it happened OK no reason to lie what evidence there was a notorized letter doesn't that make it civil that's what I was always told smh

This is happening in Illinois Oswego to be exact where the police have nothing better to do apparemtlu

Ok so of later I can't say he gave me the stuff fine I had every intention on paying him back he took me shopping and literally called the police 3 days later I'm overwhelmed

This is going nowhere. You seem incapable or unwilling to give many facts about why the police don't like you, the due date of the loan as stated on the promissory note, why the girlfriend couldn't find out (sounds like maybe she did), what else you have in your house that would have the police taking it all away (brand new items still in boxes perhaps, and they think you run scams?), and the total dollar value (over the grand larceny amount, perhaps)?
I can't tell if you are deliberately acting obtuse or not.

Yes there was a lot of stuff with tags on it some not I've had a lot of these items for a while never took the tags of grand larceny wth for having nice things

What is the definition of grand larceny and there is no way I didn't steal any of that it was all purchased ?

Quote:

Originally Posted by Chelle belle

... there is no way I didn't steal any ...

So you did steal some of it?

Quote:

Originally Posted by Chelle belle

What is the definition of grand larceny and ... ?

Illinois doesn't appear to use the term "grand larceny":

720 ILCS 5/ Criminal Code of 1961.

Quote:

Originally Posted by AK lawyer

So you did steal some of it?

No I don't steal all of it was bought some were gifts it is Christmas time

I just don't understand all of this I really don't can someone explain without saying negative things towards me

Quote:

Originally Posted by Chelle belle

I just don't understand all of this I really don't can someone explain without saying negative things towards me

It's so hard to figure out what you are trying to say. You are writing the negative things about yourself. For example, "... there is no way I didn't steal any ..." means you are telling us that the statement "I didn't steal any" is not true. Your next statement, "I don't steal all of it " is what's called a "negative pregnant", suggesting that you did steal some if it.

So perhaps you had better carefully start over, write what you are trying to get across, proof read it, and then post it.

Ok on dec5 2012 my friend male of 4 years offered to help me due to hard times he took me shopping at several stores Walmart s target etc as well as he was doing his shopping he told me I need you to pay me back though I said OK so we got a notorized letter stating I owe him this money back civil agreement I thought he told me that he didn't want his girlfriend to find out apparently she did on the 11th of dec the police kicked my door in taking the items I bought with him they had a search warrant for those items stating they were investigating theft by deception once in my house they called and sent a officer in for another search warrant for my items that had nothing to do with what he bought some items were new some weren't my lawyer said it was unconstitutional so now I feel like I'm sitting waiting for them to arrest me my lawyer said ill get your stuff back they the cops said the stuff is evidence I'm so confused

They kick my door in and didn't arrest me they said they are still investigating this was just a part of the investigation we signed a notorized letter how is this right

AK lawyer, I believe that OP is just failing to punctuate, and it's reading all wrong.
'No I don't steal all of it was bought some were gifts it is Christmas time'
S/B 'No I don't steal. All of it was bought. Some were gifts. It is Christmas time.'

OK, you have said countless times that it was unfair especially to take YOUR items that weren't on their list. Since we can't figure out any of this in terms of what is usual, or even unusual, it's impossible to give advice. In fact, there are still countless questions. One in my mind is why you told him you were in need of all the purchases he paid for, when your place was full of brand new purchases. And they apparently weren't for anyone else. They were for you. It's tempting to think you either have plenty of money and didn't need to borrow, OR you do this routinely to other people. And maybe that's what his girlfriend knew about you.
But that's just me wondering, not legal advice. You STILL haven't said how much this all added up to! Or what date you were supposed to pay it back!

Your hire a civil rights attorney, Ill has a rules for search warrants, they do not issue NO KNOCK warrants for searches unless there is a very high event that the person is extremely dangerous.

Next if they found items that were reported stolen, they have the right to take those and hold them as evidence till either trial or case is dismissed.

If stolen items were found, they may then also compare other items in the home to other reports of thief in the area. If other items in the home appear to be stolen, they may be held also.

The search warrant will list exactly what they are allowed to look for, and even where they may look. If it lists TV, then no place a TV will not fit can legally be opened.

So anything found in smaller places can get thrown out in court.

Only an attorney can get your "things" back at this point, and your letter signed by your friend will be part of the evidence you will need to show.

1. How do you know this friend?
2. was it his credit card that was used or a stolen credit card from someone else?
3. when was it suppose to be paid back?
4. Do you have a known criminal history for theft and/or drugs
5. Did the police knock and you refuse to open the door ?

It was his card and he wrote a couple checks @ joypulv I have two kids OK for your info I personally don't care what you think OK the items they took were my shoes in boxes clothes perfume petty no electronics and nothing was stolen I don't steal period I keep my things nice after I wear my shoes I put them back In the box they just violated my rights this is crazy

I have a history of fighting when I was younger couple agg battery and possession of firearm without a gun card 16 years ago

I have no interest in dumping on you. You were being unusually tight with history and present events for someone who wants help. You don't think the prosecutor is going to be much more accusing? I'm trying to think of what they are thinking and how the police got away (so far) with what they did.
If you have a felony record for the gun and these items add up to felony amounts, then I guess that might be why they got a warrant and spent all day in your place. It still seems so far fetched, but maybe that's what Oswego is like. (I see that Oswego made CNNMoney's top 100 places to live. And that the population doubled in a few years. Trying to see what the police are like there.)

Yea I understand they don't like my family name truthfully speaking but that should have nothing to do with this I just feel like they took my but didn't arrest me but they're still investigating and there probably going to charge me with something but I don't know this is stressful over a loan that I never wish I would have gotten

So what do you think guys they're going to charge me off his word

Quote:

Originally Posted by joypulv

I have no interest in dumping on you. You were being unusually tight with history and present events for someone who wants help. You don't think the prosecutor is going to be much more accusing? I'm trying to think of what they are thinking and how the police got away (so far) with what they did.
If you have a felony record for the gun and these items add up to felony amounts, then I guess that might be why they got a warrant and spent all day in your place. It still seems so far fetched, but maybe that's what Oswego is like. (I see that Oswego made CNNMoney's top 100 places to live. And that the population doubled in a few years. Trying to see what the police are like there.)

I agree with you this is very far fetched I still can't believe it happened

To get an indictment which I hear is hard to prove in a case like this what proof do they have to show the state

Also reading over my search warrant it says they are to take items and things nothing listed specifically

My lawyer told me he will get my things back but how long do I have to wait they took all my shoes clothes etc they just did the most I'm sick does my lawyer have to file a motion I feel like we're just sitting can someone help please

Quote:

Originally Posted by joypulv;

AK lawyer, I believe that OP is just failing to punctuate, and it's reading all wrong.

Evidently the use of periods is against OP's religion. But failure to do so makes the writing hopelessly ambigious. Oh well. :(

Quote:

Originally Posted by AK lawyer

Evidently the use of periods is against OP's religion. But failure to do so makes the writing hopelessly ambigious. Oh well. :(

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