QUESTION
Can the DA still charge me with grand theft or theft?
Asked on Jan 11th, 2013 on Criminal Law - California
More details to this question:
I obtained a stolen item in a trade then tried to sell it on Ebay but I decided to cancel the sell and threw away the item.
9 ANSWERS
James Edward Smith
Yes.
Answered on May 28th, 2013 at 12:27 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You could possibly be charged with theft. You should keep your proof of eBay purchase in the event you are ever questioned. You behavior in throwing the item away suggests guilty knowledge (and apparently you have guilty knowledge since you say that you know the item was stolen. You should have returned it to the rightful owner.)
Answered on Jan 28th, 2013 at 2:53 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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You could be charged with receiving and concealing stolen property. Depending on the value of the item, that could be either a misdemeanor or a felony.
Answered on Jan 28th, 2013 at 2:53 PM
Michael J. Breczinski
They can charge you possession of stolen goods.
Answered on Jan 17th, 2013 at 11:06 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If the DA suspects you of once possessing stolen property, and thinks they have some decent evidence to prove that, then yes, they will file charges.
Answered on Jan 15th, 2013 at 4:51 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The dealing in stolen property statute includes "endeavoring", that is just trying to sell the stolen item.
Answered on Jan 15th, 2013 at 4:50 PM
Thomas Edward Gates
Yes, he can still charge you since you alone received the item and tried to sell it. You throwing it a way only goes to the fact you knew the history of the item.
Answered on Jan 15th, 2013 at 4:49 PM
If you knew or had reason to know that it was stolen you could be convicted of receiving stolen property. But you might not have known or had reason to know that it was stolen. This is where a defense attorney steps and argues the facts in your favor. Get an attorney involved early in the process and there is a chance that you might get rid of this charge.
Answered on Jan 15th, 2013 at 4:49 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Not theft, but charges for receiving stolen property (Penal Code section 496) might be possible. The fact that you got rid of the item will help you.
Answered on Jan 15th, 2013 at 4:48 PM