If you and another person mutually agreed that you would take possession of something, it would be considered a civil agreement. To be charged with theft, there would have to be probable cause to show you had the intent of temporarily or permanently depriving the other person of the item. In many instances, this is not theft, but rather, a civil issue that must be settled outside of a criminal justice setting. Regardless, it is advisable to hire a larceny defense attorney when facing an accusation of theft.