Rusto has the right idea, but i will give you a little more game. this wouldnt be robbery or burglary.
in order to prosecute, the elements of the crime must be completely met. in easier terms, the ingredients. you MUST have ALL ingredients. this probably falls under recieving stolen property. the elements are as follows:
(1) the property must be received; (2) it must have been previously stolen;3) the person receiving the property must know it was stolen; and (4) the receiver must intend to deprive the owner of his or her property.
you can argue that element two isnt met but it is not worth the inconvienence. you definately met three of the four. that would be up to the DA and your defense atty to argue. you can get arrested. i wouldnt chance it.
edit* three is debatable also just in case people understand what i am saying.
just give it back or deny it. you decide if $400 is worth it.
in order to prosecute, the elements of the crime must be completely met. in easier terms, the ingredients. you MUST have ALL ingredients. this probably falls under recieving stolen property. the elements are as follows:
(1) the property must be received; (2) it must have been previously stolen;3) the person receiving the property must know it was stolen; and (4) the receiver must intend to deprive the owner of his or her property.
you can argue that element two isnt met but it is not worth the inconvienence. you definately met three of the four. that would be up to the DA and your defense atty to argue. you can get arrested. i wouldnt chance it.
edit* three is debatable also just in case people understand what i am saying.
just give it back or deny it. you decide if $400 is worth it.