Is my son liable for stolen items his dorm mate stole? 13 Answers as of February 08, 2012
My son's dorm mate has stolen property in their room that his dorm mate "acquired" last year when he was not my son's dorm mate. The local DA wants to also hold my son responsible even though he had nothing to do with it. Does the fact that they share a dorm room make my son legally liable for what is in the room?Free Case Evaluation by a Local Lawyer!
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Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends on whether your son knew or knows that the goods are stolen. If your son is charged he should hire an attorney.
Answer Applies to: New York
Replied: 2/8/2012
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, your son is not responsible - especially if the items were stolen a year ago before they were roommates. However, that being said, it doesn't stop the DA from charging him anyway and then he has to defend himself. It may be a good idea to have him speak to a local attorney to see what an experienced attorney can do for him ahead of being charged with a crime.
Answer Applies to: New York
Replied: 2/8/2012
Law Offices of Carl Spector | Carl Spector
If some of the stolen property is in the dorm room that your son occupies the prosecutor may think that they would be correct in charging your son with possession of stolen property.
Answer Applies to: New York
Replied: 2/8/2012
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
If your son didn't actually steal the property, he's not guilty of larceny, but if he knowingly possesses stolen property he is legally presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. I don't know what the property is that you're referring to, but if it's in his room and he knows it to be stolen, I would say that the DA has a good argument that he is benefitting from it or impeding the rightful owner from recovering his property.
Answer Applies to: New York
Replied: 2/8/2012
Palumbo and Kosofsky | Michael Palumbo
No, but remember that is your son's version of events the DA may have more evidence on your son that he was involved in trafficking stolen property then your son is letting on. Or it may be that the DA knows your son had nothing to do with it but will nonetheless arrest him on a technicality of being in possession of stolen property knowing that the charges will not stick but to put pressure on your son to rat out his roommate and then the DA will drop the bogus charges. In any event, the prudent thing to do is to retain counsel NOW.
Answer Applies to: New York
Replied: 2/8/2012
Raiser & Kenniff, PC | Steve Raiser
No it does not. The DA would have to show knowledge that the property was stolen and that your son actually possessed it (being in the room is not enough).
Answer Applies to: New York
Replied: 2/8/2012
Law Office of Aaron M. Goldsmith, PC | Aaron M. Goldsmith
Under the description you have provided, the DA could not hold your son responsible for the theft. However, if your son was aware that anything was stolen, he can be charged with possession of stolen property. Obviously this can be a serious matter and you/your son should retain an experienced criminal defense attorney to represent him and best protect his interests. Best of luck.
Answer Applies to: New York
Replied: 2/8/2012
Law Offices of Frederick L. Sosinsky | Frederick L. Sosinsky
The answer lies in whether or not it can be established that your son either participated in some fashion in the theft of the property (it appears the answer is clearly no) or presently possesses property that he knows was stolen and is benefiting himself somehow by possessing it. You are not clear on exactly where within the "room" or suite or rooms the property in question is located, but if it is in an area over which your son has dominion and control AND IF HE USES THE ITEM AND if your son knows the property to have been stolen, he could conceivably be charged with criminal possession of stolen property, which, depending upon the value of the property involved could be either a misdemeanor or felony. For example, if the property is a stolen television or computer and it is in a common area used by your son or worse is in his actual room and he watches this TV regularly or uses this computer AND he knows the property is stolen, this could be a problem. Proving that he knows it is stolen, however, can be a difficult prospect for law enforcement. Your son would be well advised to consult with an attorney as soon as possible.
Answer Applies to: New York
Replied: 2/8/2012
Juliette S. Levin, Attorney at Law | Juliette S. Levin
The D.A. might be able to try to charge him but doesn't mean that he would be able to prove it. There's a presumption that they are both In possession of those items if they share the same space, however, that presumption can be overcome by the defense attorney.
Answer Applies to: New York
Replied: 2/8/2012
Law Office of Jared Altman | Jared Altman
Technically no, he is not responsible. But the question is what will people believe.
Answer Applies to: New York
Replied: 2/8/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
If your son did not steal anything then the only charge that might stick is interference with governmenal authority.
Answer Applies to: New York
Replied: 2/8/2012
Law Offices of John Carney | John Carney
The police can arrest anyone in a car or house or apartment with "constructive possession" of drugs, weapons, stolen property, or contraband. This is because without this legal presumption, they could only charge those persons who "actually" possessed the illegal items. If a person is in the area he is said to have "dominion and control" over the items and can be charged, but it will be difficult for the prosecutor to prove that any of the occupants actually had knowledge and intent to possess the items and to prove the case beyond a reasonable doubt at trial. You should retain a good criminal lawyer to handle the case. He will investigate where the stolen property came from and who brought it into the dorm. Even if the property is stolen, the prosecutor must prove that the defendant knew that the property was stolen, and this is hard to do unless he has admissions or if the price paid was particularly low. Even if you purchase items substantially below market value, it would be almost impossible to prove that the person knew it was stolen without an admission. As long as no one confesses the prosecutor will not be able to convict them atr trial. The exception is called "recent possession of stolen property". This is where there is a burglary and you are found in possession f many or all of the stolen items the same day or within a few days making it likely that you are the person who stole them.
Answer Applies to: New York
Replied: 2/8/2012
Law Office of Richard Southard | Richard C Southard
Criminal Possession of Stolen Property requires that your son knowingly possesses stolen property with the intent to benefit himself or a person other than an owner there of or to impede the recovery by the owner. The DA is likely going to claim constructive possession but if your son didn't know it was stolen - he cant be guilty even if he did possess it. The problem will be that the roommate is going to try and shift blame to your son to help himself.
Answer Applies to: New York
Replied: 2/8/2012
