QUESTION
If I didn't have any knowledge property was stolen what should I do, take to trial or take plea of lesser charge?
Asked on Mar 07th, 2014 on Criminal Law - Michigan
More details to this question:
I sold jewelry for someone that said the property was hers. I was charged with trafficking at first, then dropped to possession of stolen property. Now the state wants to throw plea offer of a theft charge. I want to take it to trial. I had no knowledge the property was stolen and I also have a witness that was there when the person said it was hers. My witness will take the stand. What should I do? Take it all the way to trial? I have priors but over 10 years ago. My court appointed attorney says I should take a plea offer. But I think I shouldn't. What to do?
5 ANSWERS
You should cough up some money and hire yourself a "real" lawyer instead of using a dump truck. You get what you pay for pal.
Answered on Mar 07th, 2014 at 9:40 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No one can tell you what to do in this situation. Only you and, hopefully, your attorney know the strengths and weaknesses of your case. If you feel that your witness is credible and will not recant her testimony on the stand, then you should take it to trial. If your witness is not credible and there is any doubt that your witness will be believed, then accepting a plea bargain may be appropriate.
Answered on Mar 07th, 2014 at 9:40 PM
James Edward Smith
Take the deal and stop selling the property of others.
Answered on Mar 07th, 2014 at 9:39 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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I'm confused as to why you would seek advice from attorneys on the internet who don't know your case, don't know the local DAs or judges, over the advice of the lawyer who knows all of these things. The decision to take a plea deal or go to trial is yours, not your attorney's. But you would be wise to heed the advice of your lawyer. If you feel that your lawyer is not competently representing you, you can ask the court to appoint a new one (called a Marsden hearing in California), or you could hire a private lawyer of your choosing.
Answered on Mar 07th, 2014 at 9:39 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Only after thoroughly discussing all the facts, options, and pros and cons of each decision with an experienced criminal defense attorney can that answer be given. However, if you did not know or did not have good reason to know that the property was stolen, then you cannot be convicted of being in possession of stolen property or trafficking stolen property. Make sure you are represented by a skilled and experienced criminal attorney.
Answered on Mar 07th, 2014 at 4:11 PM