QUESTION
Can someone be convicted of possession of stolen goods if they are really innocent?
Asked on Mar 09th, 2014 on Criminal Law - Texas
More details to this question:
I had a load of sports equipment that I knew was stolen that I tried to sell on ebay. A few days after I listed the items, the cops showed up at my girlfriend's apartment asking about the listed items (I used her ebay account to sell the stuff). She let them in (she's never dealt with police) because the stuff was in plain sight so they were curious. They took pics of the equipment, left, then came back a while later & said a positive ID had been made by someone. So, they took everything & now she's being harassed daily by the cops wanting her to come to the precinct and speak with them. She doesn't believe for one second that the stuff is stolen because she trusts me. The fact is she is innocent but I'm worried she's going to be charged soon. I can't bring myself to confess to her or the cops due to the fear of the consequences. Does the state have to prove she had knowledge that the stuff was stolen to convict her because like I said before, she is totally in the dark. I want to tell her but I think maybe it would be better somehow if she remained ignorant to the truth. Please help!
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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She can be charged and convicted based simply on the fact that she was in possession of the stolen property. She (or you) should hire an attorney to defend her of these charges. Under no circumstances should she be talking to the police without an attorney present.
Answered on Mar 12th, 2014 at 1:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She and you need separate attorneys. She can be compelled to testify, and you are in deep trouble. Do not compound it.
Answered on Mar 11th, 2014 at 2:58 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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She should meet with a lawyer. There are circumstances where presumptions could be made and get her convicted.? A lawyer is?probably going to tell her to talk to the cops and tell them the whole truth about where it came from, etc., assuming she has a reasonable explanation (and you are not like jobless and should have no ability to?buy those items.)? You should lawyer up, too, but you cannot use the same lawyer.
Answered on Mar 11th, 2014 at 2:57 AM
Thomas Edward Gates
You need to man up. All she has to say is you us the account too. Plus, you brought the equipment into the house.
Answered on Mar 11th, 2014 at 2:57 AM