QUESTION

What does possession of stolen property or called theft by receiving carry?

Asked on Mar 28th, 2014 on Criminal Law - Missouri
More details to this question:
I purchased a truck in January 2014. All I have is a bill of sale will that be good in court. Also I do not know which one to say guilty or not guilty because I did not steal the truck but I did buy it. Can you please give me advise on my case? I am a single mother of five and cannot afford a lawyer. I was appointed a public defender and cannot get ahold of the dude. I am scared can you please help. God Bless you.
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5 ANSWERS

Michael J. Breczinski
The bill of sale is important since you are saying that you did not know that it was stolen. Lack of knowledge is a defense.
Answered on Apr 02nd, 2014 at 8:25 PM

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A violation of California State Penal Code Section 496 Receiving Stolen Property can be filed as a misdemeanor or as a felony. 496. (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 is guilty of receiving stolen property. If charged as a misdemeanor the punishment shall be in a county jail for not more than one year. If guilty of a felony the punish is imprisonment for 16 months, two years or three years.
Answered on Apr 01st, 2014 at 6:17 PM

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Thomas Edward Gates
The prosecutor must prove that you "knowingly" possessed or receive stolen property. The bill of sale should support your position.
Answered on Mar 31st, 2014 at 11:45 PM

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Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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At some point your public defender will get in touch with you. Be patient. Plead not guilty.
Answered on Mar 31st, 2014 at 11:40 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There are obviously a number of questions, you may have a bill of sale but did you receive the title to the truck? How did you get a plate for it or ensure it? Generally, if you innocently received stolen property you're not liable however, as the thief cannot transfer good title you will have lost your money and have to seek recovery from the thief with the property being returned to its rightful owner. Continue to attempt to get into contact with your appointed attorney and, I would advise, that you should not be discussing this matter either in a public forum such as the Internet or with anyone else until you're done so.
Answered on Mar 31st, 2014 at 11:40 PM

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