QUESTION

Can you get charged for pawning a lawn mower that you found in your lawn but didn't know it was stolen?

Asked on Jul 09th, 2013 on Criminal Law - Georgia
More details to this question:
I found a lawn mower on the crib of a street not close to anyone's property it was just thrown their it was there for many hours so I happened to take it since no one claimed it and I went to pawn it so what ended up happing was I got contacted 3 weeks later by a detective saying I have spawned a stolen lawn mower but I told the detective that I didn't steal it was thrown out. On the crib of street and by the way I have no criminal records at all will I still be charged because I really never stole anything or even enters anyone's property?
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3 ANSWERS

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Based upon what you are saying, doubtful you will be charged.
Answered on Jul 11th, 2013 at 5:54 PM

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There are criteria to determining whether property is abandoned. Given the circumstances that you are describing, it was reasonable to believe that the lawnmower was placed there because it was stolen, thus it should have been reported. However, it was not out of question to believe the lawnmower was simply abandoned there. In court, it will be your responsibility, or the responsibility of the lawyer, that you lacked the necessary motivation and/or intent to carry out a theft.
Answered on Jul 11th, 2013 at 12:37 PM

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In Georgia, there is a criminal charge called "Theft of Lost or Mislaid Property", which seems to apply to your situation. You could be charged, and at least have to pay restitution to the pawn company. With this kind of crime, the standard used is not whether or not you actually knew that the lawn mower was stolen, but SHOULD you have known that someone probably didn't just leave a lawn mower just sitting in the road for anyone to take. If you have never been arrested before, or have a minor criminal record, the District Attorney may be willing to give you a break. I always recommend that someone at least talk to an attorney in person, because most criminal defense attorneys will give you a free consultation. Good luck.
Answered on Jul 10th, 2013 at 7:49 PM

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