[Mirna]

My friend's son (17) found a cell phone in a cab after the bar. Not knowing who it belonged to, he used it until the owner disconnected it. His friend called overseas. The owner now received the bill and is trying to determine who has the cell and who made the calls. The owner doesn't have any proof of anything, except a bill showing several number that were called and a friend of my friend's son who is blaming him for it. The owner has threatened with calling the police on him.

What could happen? Could he be charged? Would it be Mischief under $5000?

He is very frightened... never has been charged! What can I tell my friend?

I appreciate your advise.

Thanks

[JudyKayTee]

[QUOTE=Mirna]My friend's son (17) found a cell phone in a cab after the bar. Not knowing who it belonged to, he used it until the owner disconnected it. His friend called overseas. The owner now received the bill and is trying to determine who has the cell and who made the calls. The owner doesn't have any proof of anything, except a bill showing several number that were called and a friend of my friend's son who is blaming him for it. The owner has threatened with calling the police on him.

What could happen? Could he be charged? Would it be Mischief under $5000?

He is very frightened... never has been charged! What can I tell my friend?



The owner doesn't have any proof EXCEPT a bill showing several numbers that were called and the person who received the calls pointed the finger back at your friend's son? What other proof would be needed? That's about as good as it gets.

Don't know what State you are in but where I am this is theft of services and theft in general. Are you in Canada?

What is a 17 year old doing in a bar? I know the son claims he found the phone in a cab (following the bar) but I would be very sure that is truthful and he didn't just pick it up off the bar.

Your friend can do nothing and see what happens next or pay the bill and hope the owner doesn't involve the Police anyway.

The "not knowing who it belonged to he used it until the owner disconnected it" is a cop out. So he wouldn't have used it if he had known the owner? Ridiculous and not facing up to the theft and that attitude will definitely get him in deeper.