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What is Penal Code 485 - Lost Property - Wallin & Klarich
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45+ Years Criminal Defense

Experience in California

Can you be charged with a theft crime for picking up personal property that appears to be “lost”? (PC 485)

Yes, depending upon the surrounding facts and circumstances. California has enacted Penal Code 485 pertaining to “lost” property. An important determination is whether there is an indication as to the true owner of the lost property. Is there a name and contact information on the property? Where was the property found? If there is no legitimate clue of ownership it will be difficult for the prosecution to pursue criminal charges for an unlawful taking.


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