If you return item can you still be charged theft?

[stein74]

basically i took someones computer for collateral they called the cops but then i gave it back to the person cause they asked, and now i have court for it basically the person said he didnt wanna press charges, but the police took it upon themselves. on the paper it says i am charged with "taking an item with value of no more than $500 without the intent to return to owner" something along those lines. but i did intend on returning? and i did give it back? what happens now? im in illinois whats the punishment i am looking at? i have NEVER been arrested before not even a traffic ticket. im goin to court next week....

and please just answer the question no saying how it was stupid or whatever

[jung-hwa75]

Of course you can be charged with theft for taking an item without permission. Returning the item doesn't change the underlying criminal offense.

And you actually did NOT intend to return the item. This was not a situation in which you borrowed the item. You took it with the intention of essentially holding it for ransom. (You cannot legally engage in self-help to collect a debt. You cannot take something for collateral.)

I'm not familiar with Illinois law but you can Google the phrase "Revised Code of Illinois." This should take you to a website with Illinois' laws. Go to the criminal code and look at what level of offense this is (hopefully it will be considered petty theft). You can then look to see what the sentencing guidelines are for this offense.

Finally, WHO asked that you return the computer? If it was the person you took the computer from, then it seems likely the prosecutor could dismiss or might offer you deferred prosecution/adjudication. But if the police had to ask you to return the computer, it seems less likely the charge will be dismissed.

[calin]

Yes, you can be charged with theft even after returning the item.

Why?

1) Because the damage is done: you prevented the owner from enjoying his/her property while the item was in your custody.

2) You returned the item only after being caught. So you didn't return the item voluntarily, you were forced to return the item.

Can the judge go easy on you? Maybe, but there are no warranties.

Learn from this: Demand collateral at the moment of closing the deal, and get everything in writing.

[galvin]

Yes, of course.