QUESTION

Can I go to jail if I found a lost cell phone and it was rightful returned to the owner

Asked on Sep 30th, 2025 on Criminal Law - New York
More details to this question:
I live in a apartment complex that doesn't allow smoking in the building so I went outside to smoke a cigarette and found a cell phone and then went back to my apartment and the owner called the police and had the police come to my apartment and asked me if I had the phone and I didn't have the phone so the police left. The next day the phone was found and the owner already made a police report and the owner now has possession of their phone. I am just wondering if I will go to jail.
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1 ANSWER

Assault Attorney serving Islip, NY
3 Awards
It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. 
Answered on Oct 08th, 2025 at 4:59 AM

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