QUESTION
What should I do if I received a tree stand from a friend and now being charged for a possession of stolen item?
Asked on Oct 27th, 2012 on Criminal Law - Georgia
More details to this question:
I was contacted by a good friend of mine and he was trying to sell me a tree stand, which he said was his and had no use for. I got it from my friend and then a couple of days later I was contacted by police saying it was stolen an I'm being brought up on charges for larceny class 1 misdemeanor. I had no idea it was stolen. If I did I would of never taken it. I have no history with the law and I'm not sure what to do. I have no lawyer and my court date is set for November 1, 2012.
13 ANSWERS
Gary Moore
Hire a criminal lawyer.
Answered on Jun 13th, 2013 at 1:59 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney immediately for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options. If you cannot afford an attorney ask the court to appoint one for you.
Answered on Nov 01st, 2012 at 10:36 PM
P.C.496 RECEIVING STOLEN PROPERTY (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. In your case the property should be valued less than $950.00 and therefore be a misdemeanor. However the prosecution has to prove that you knew or should have known that the item was stolen. if they cannot prove this you are not guilty but you do lose the item that was stolen.
Answered on Nov 01st, 2012 at 1:28 AM
Hire an attorney and fight it. They have to prove their case against you.
Answered on Oct 30th, 2012 at 4:20 PM
Dennis P. Mikko
If you cannot afford an attorney, when you go to court, ask the court to appoint an attorney for you. At your arraignment, enter a plea of not guilty. You will have to provide information as to where you got the tree stand and hopefully this will clear up the matter for you.
Answered on Oct 30th, 2012 at 4:20 PM
Michael J. Breczinski
If you can't get a attorney then ask one to be appointed for you. If you did not know it was stolen then you are not guilty.
Answered on Oct 30th, 2012 at 4:18 PM
1 Award
You should definitely get a lawyer to help you fight this charge. The prosecution will need to prove that you knew or should have known that the tree stand was stolen. The prosecutor will have a much harder time convicting you if you have a good lawyer helping you.
Answered on Oct 30th, 2012 at 4:18 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You should have an attorney represent you at all Court dates, including the preliminary exam in District Court. The attorney should go through the police report with you and discuss all evidence against you claimed by the police. A determination as to how best to proceed can be made to reach a successful final resolution.
Answered on Oct 30th, 2012 at 4:17 PM
John D Duncan
Contact a lawyer. Understand that theft by receiving can be proved if you knew or "should have known" the items could be stolen. This is difficult for the State to prove, but they typically charge the receiver in order to gain leverage on the person who actually stole the item.
Answered on Oct 30th, 2012 at 12:28 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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In order for them to prove the charge of possessing stolen property, they need to be able to prove that you knew that the property was stolen. This usually done with circumstantial evidence. What you need to do is hire a local criminal defense lawyer. If you can't afford to hire a lawyer of your choosing, then go to your court date, DON'T MAKE ANY STATEMENTS about your case, and ask the court to appoint the public defender to represent you.
Answered on Oct 30th, 2012 at 12:27 PM
You better get a lawyer before you walk into court and open your mouth and incriminate yourself.
Answered on Oct 30th, 2012 at 9:52 AM
Michael Paul Vollandt
Plead not guilty and ask for a lawyer if you can not afford one the court will appoint one for you. You must have known or should have known that the item was stolen. That may be very hard for the DA to prove.
Answered on Oct 30th, 2012 at 9:07 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are not sure what to do? Get an attorney on your side.
Answered on Oct 30th, 2012 at 9:07 AM