When a found item becomes a theft case
Many states treat keeping lost or mislaid property as a form of theft when the finder keeps it without making reasonable efforts to get it back to an owner who could be identified. New York folds this into its larceny law, so a found item kept under those circumstances can be charged as larceny, at a degree that depends on the value involved. Separately from the criminal law, New York's property rules also expect many found items to be turned in to the police within a set period. Money credited to an account by a bank error can raise similar questions when the account holder knows it was a mistake and spends it anyway. What tends to be at issue is knowledge and effort: what you knew about the owner, and what you did once you realized the item was not yours.
What helps your account
If you are accused, gather anything that shows what you did after finding the item. That can include messages you sent trying to locate the owner, a report made to a building manager, a transit lost-and-found office, or the police, or records showing you contacted the bank about an unexpected deposit. If you still have the item, do not sell, give away, or alter it, and talk to your lawyer about how it should be returned so the return is documented. Store and transit video can matter in these cases and is often overwritten, so tell your lawyer quickly where and when the item was found.
What we look at first
These cases often turn on intent more than on the fact of possession, and an honest misunderstanding about what to do with a found item is a common story. We review what the complaint says about how the item was found and what happened next, and we look at whether the owner could realistically have been identified. If return of the property or repayment is appropriate, we discuss how it can be handled in a way that does not create new problems. For people who are not citizens, or who hold licenses in finance, health care, or other regulated fields, we also review what a theft charge of any degree could mean for them.
