What can happen for possession of stolen property?
My son was GIVEN a bike from a boy who stole a bike. Cops came to our house and retrieved the bike and took my sons statement as to how he got it.,....he is now charged with possession of stolen property and has a warrnet out for him. How can he be guilty if he did not know it was stolen?
Public Comments
- Of course, hire a lawyer to explain to cops that your son must be given a chance to defend himself as several rights of an accused. There must be preliminary examination, considering your son is not of legal age.
- That is something he is going to have to prove in court. It's possible that your son knew it was stolen because common sense says that people don't just give away (nice) bikes because they cost a lot of money.
- The crime involves possession knowing it was stolen or under circumstances by which the reasonable person would know it was stolen. Your son may have admitted that the other boy told him, or the other boy may have told the cops that he told your son, or the victim may have been known to your son. There could be any number of bits of evidence that together allow the judge to conclude that he knew or should have known. That is not to say tha he will be convicted. At this point he is only accused. It is the function of the courts, not the cops or the DA, to determine if the accusation is true. The charge could be either a misdemeanor or a felony. Inmy state, a felony could theoretically result in a prison term. I would recommend that he surrender himself, but only aftr you two rehearse his response to questioning by having him repeat only that he wants a lawyer present during any questioning. If the question is "how are your doing?" He should respond, I want a lawyer present during questioning.
- RUN, DON'T WALK TO THE BEST LAWYER YOU CAN FIND FOR THAT PARTICULAR CHARGE. YOUR SON DOES NOT NEED SOMETHING LIKE THAT TO FOLLOW HIM THE REST OF HIS LIFE. IT IS REASONABLE TO ASSUME HE DID NOT KNOW IT WAS STOLEN BECAUSE KIDS GIVE AND TRADE STUFF TO EACH OTHER ALL OF THE TIME. TO BAD THERE WASN'T A LAWYER PRESENT WHEN HE WAS QUESTIONED. ESPECIALLY IF HE IS UNDERAGE.
- NEVER allow your children to accept anything for free from other people . Make sure you get your point across about the consequences . According to the law : ignorance is no excuse and that warrent is a bad thing . It stays on his record . It will cost you some green but do get it resolved through a lawyer . I think you are responsible when he is under age . It was bad luck mostly as I see it and I hope your son learned a lesson about all the trouble it cost 'YOU' .
- if he is really ignorant, yur lawyer can deal with the case &get him free .orelse the judge in his good mood will pardon him after a severe warning otherwise , there will b a record as first offense
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