QUESTION
Can I be charged if took some money as a prank?
Asked on Mar 24th, 2017 on Criminal Law - Minnesota
More details to this question:
I was at a bar drinking. I saw someone at another table that I knew and we often kidded one another. I was sitting across from him and I saw that he had some money on the table. As a joke, I put it in my pocket and went back to my table and watched and waited for him to notice it was missing. I got distracted and the next thing I knew, his girlfriend came over to me and asked me if I took the money. It was hers and not his and I didn't know that as the money was on next to him. I then went over to their table and she said something about checking the bars cameras to prove I took it. I immediately gave her back the money and apologized over and over and explained I was just messing around with him as I thought the money was him. Bad joke, yes, and something that I would not have done sober. That doesn't excuse it. I'm just trying to explain the situation. It was $40-60 dollars I suppose. I don't even know. I didn't look. The money was folded up. Anyway, two weeks go by and I find out that they filed a report with the police.
1 ANSWER
3 Awards
Yeah you could be charged. The crime would be misdemeanor theft. A person can still be guilty of the crime even if the money was returned. For example, if someone is shoplifting at Target and caught by security on the way out the door, that person can still be prosecuted for theft even though all the property was returned. Your case would come down to intent. The state would have to prove that you intended to steal be money. I doubt that you'll be charged. However, I strongly advise that you decline to talk to the police. If you are contacted by anyone about the incident, shut up and get a lawyer hired right away. Tell the police that you're exercising your right to remain silent and that you're not going to say a word until your lawyer tells you to.
Answered on Jun 17th, 2017 at 10:19 AM