Can we get charged for felony for opening a parcel accidentally? Can you get charged for felony for opening a parcel accidentally? Some incompetent delivery guy put a $1000 parcel in the lobby of my apartment, and not realizing that only 1 of the 2 boxes was mine, I took them both to my apartment as quickly as possible and opened them, then I realized only one of the parcels was mine. I put it back to the lobby. Question is if I can get charged for felony.
Theoretically you could, but that's highly unlikely if what you say is all there is to it. The prosecutor would have to have good evidence that you had a criminal intent, for example intended to make off with the goods. You could even attach a note of explanation to overcome any suspicion of criminal intent.
Is there any way I can defend myself against penalties when mistakes are made in my favor? Another option, in a similar vein to your suggestions, is to make a contemporaneous record of the conversations. Then send an email* to the public official detailing what was said and agreed, along with a request that they reply with any observations or amendments within a certain time frame. That way you have a date-stamped document properly addressed to the other party to use as evidence or leverage. *or a recorded delivery letter etc
What do I do? Contact the police, and henceforth make sure that all your interactions with the business owner are in writing. That evidence will facilitate the police investigation in this fact-intensive matter. Can I actually be arrested? Yes, you are at risk of getting arrested regardless of whether you eventually prove the business owner is the one who broke the law. Hence the importance of contacting the police before it proceeds on the basis of his fraudulent accusations. The business owner has committed crimes including --but not limited to-- forgery, larceny, and attempted extortion (People v. Ramos, 34 Misc.3d 914, 920 (2012) and Matter of Spargo, 68 A.D.3d 1242 (2009) reflect that also the attempt of extortion leads to being charges and convicted, respectively). The timing of events could be indicative of the extent to which the business owner's criminal conduct was premeditated. For instance, it is unclear whose idea was keep the vehicle in his company's name notwithstanding that you had not acquired the company yet. If it was his idea, this will tend to weaken his denials of mens rea (given his subsequent course of action). Likewise, it is unclear what dissuaded you from purchasing the business. You need to assess whether he lured you in order to get your money for the car, and thereafter cause you to change your mind about the business.
Well ... the crime of fraud and the tort of deception. If you say you will do X and enter a contract on that basis knowing that you won't then that is fraud and it carries gaol time. Your bank could also revoke your contract and sue for damages.
Yes, a crime is committed as is a tort. The exact crime would vary from state to state. The most common description of this crime and tort would be &quot;fraud&quot; but the way that criminal conduct is allocated between particular offenses in states varies considerable. Theft (in jurisdictions where it is broadly defined) and shoplifting (in jurisdictions where it is a distinct offense) would be two other plausible offenses.
Do not throw away mail that is not addressed to you. If you receive misaddressed mail, write "Not at this address" on the envelope and put it in a mailbox, or give it to the mailperson (source: United States Postal Service - Reporting / returning misdelivered mail). Also, if you contact USPS they may redirect the misaddressed mail for you. 18 U.S. Code § 1702 - Obstruction of correspondence Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined under this title or imprisoned not more than five years, or both.
The potential problem is if there is a form which you had to sign which says "I am a US citizen", and you signed the form (who reads the fine print, anyhow?). Unfortunately, that statement is false, and there are consequences for making a false statement. However, that law penalizes false statements with the intent to deceive, not mistaken statements. Nevertheless, this is a matter that a professional really needs to deal with. If there was no form and they didn't verbally ask you to assert that you are a citizen, then there is less of a problem (for you), but still one needs to be extremely cautious in dealing with the court. [Addendum] It is highly likely that the form contained wording like "swear" or "certify" and mentions "perjury", so the error would be in the ballpark of perjury. Perjury is making "a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath". Aggravated perjury is perjury which "is made during or in connection with an official proceeding and is material". The term "material" means "matters; is not inconsequential". The consequence of a non-citizen improperly serving on a jury is that a mistrial has occurred, which is not inconsequential. Aggravated felony is a third degree felony. The penal code says that An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000. I must emphasize that an essential element is "intent to deceive and with knowledge of the statement's meaning", an element that cannot be present if there is no awareness of such a statement. Thus an innocent mistake could be legally excused. When you become aware that a statement made under oath was false (assuming such a statement was made), then in maintaining the falsehood, that would be intentional deceit. This is why it is necessary to consult with a lawyer. On the Houston form, you would have to check the "are a US citizen" box. The Fort Bend county form has you certify and sign on the front page: it does not require you to certify that you are a US citizen, only to certify (and sign) if you are not – so if you failed to read the back side, that isn't a literally false statement. I can't locate an online form for Tarrant county, so dunno if that out is available.
Two questions. Since the answer to the second answers the first I will go out of order If a person did that could he be found liable for damages in a civil action? Or does it run afoul of any criminal statute? As far as the post office is concerned, per Domestic Mail Manual 505 1.3.1 your heavy boxes shipped Business Reply Mail (BRM) are considered waste. Mailing the box with BRM as a label would not be a crime as long as you did not improperly ship prohibited items, like ammunition, or were trying to commit another crime such as sending a bomb or drugs through the mail, but it would be thrown out or returned to you. See: customer support ruling If a person did that could he be found liable for damages in a civil action? Or does it run afoul of any criminal statute? Unless you wasted the post offices time with excessive bulk mailings of junk or any of the reasons given before, not likely.