how to prove possession of stolen property

Mere possession of stolen property is not enough evidence to … Our federal attorneys have proven federal defense strategies, which have helped our clients avoid criminal charges, maintain their professional licenses, and avoid fines and jail time. Many small claims courts will consider a request for restitution – getting the property back – … Since Dan used the threat of force in order to obtain the car, and the car dealership gave him the car with its consent, the property has been obtained by extortion and you can be charged with receiving stolen property. Being charged with criminal possession of stolen property can happen to anyone. If you did not know that the property in your possession was stolen, your lawyer should be able to prove your innocence by show the court no “reasonable person” in your position would have been able to tell that the property was stolen. I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. According to 18 U.S.C. Federal prosecutors are encouraged to investigate and prosecute cases that involve organized crime, or the moving of stolen property across state lines. For example: Dan stops by a local car dealership and drops off a note stating that he will blow up the building unless a brand new car is delivered to a specified location for him to pick up. 18 U.S.C. 18 U.S.C. 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File a detailed report stating exactly what was stolen. Charges related to the transportation of stolen goods require four basic elements: 18 U.S.C. If you have been arrested or accused of a federal theft crime, the Blanch law firm is here to help. If the individual is between the ages of 18 and 21 years old, federal charges should only be filed if that person can be defined as a “recidivist.”, A “recidivist” for the purposes of this policy is anyone who has been arrested for motor vehicle theft more than twice. The appellant was convicted of a contravention of Section 36 of the General law Amendment Act 62 of 1955 (Section 36) (ie, being found in possession of suspected stolen property without a satisfactory explanation for such possession) and sentenced to seven years imprisonment of … Generally, there is a $5,000 threshold which is required for federal prosecution of your case. He then sells you the car for half of its market value. Therefore, if you intended to return the property to the owner, you would not be liable for possessing the item for an unlawful purpose. §2313, it is a federal crime to: The difference between receiving and possessing stolen property is the timing at which you realized the property was stolen. The bank delivers the car to the location with the keys in the ignition and Dan drives off with the car. “Value” includes the aggregate or total amount of all stolen property listed in a single indictment. Tustin, CA 92780 You do not actually have to hold or touch the property in order to possess it so long as you have control or the right to control it. If you suffer from a mental disease or disability, this could be a strong defense to a possession of stolen property charge. This may subject you to liability for a property crime. §2312. § 2315. UNLAWFUL POSSESSION OF PROPERTY stolen or unlawfully obtained is found, the constable shall arrest and bring before a Resident Magistrate- (a) the person in whose house, store, yard, place or vessel or on whose land such thing is found; and (b) any other person found in such house, store, yard, place or vessel or on such land, However, these two offenses are mutually exclusive and you can only be convicted of one of these crimes for possessing the same property. It is entirely possible that you purchase property from a friend or another person … The difference between direct-theft cases and cases involving the possession of stolen property is that prosecutors only have to prove the offender “should have known” the property was stolen as opposed to proving that a person accused of theft stole or possessed the property of … Your criminal defense attorney in Charlotte, NC can help make a case against this. We immediately hired the Law Firm of Wallin & Klarich. In order to be convicted of felony transportation of a stolen vehicle, you must transport a car, boat, or aircraft in “interstate or foreign commerce.”. Do not take the allegations of … Not surprisingly, federal prosecutors will most likely take over your case if it involves the theft of an aircraft. In law, possession is the control a person intentionally exercises toward a thing. Priority is given to all prosecutions of “fencing.”  “Fences” are described as people who have assisted in finding or dealing with more than one buyer for stolen goods. Identifying Evidence of Trafficking Stolen Property . The difference between receiving and possessing stolen property is the exact moment you realized the property was stolen. Prosecutors use this type of fantasy to prove your criminal intent when there is no direct evidence showing you knowingly were in possession of stolen property. In order to be convicted of federal criminal possession of stolen property and related theft crimes, prosecutors must prove that you received or  possessed of the property with the “intent of an unlawful purpose.”. Cases involving “falsely made, forged, altered, or counterfeit” money do not require a specific monetary amount to invoke federal jurisdiction. For example, they must prove: You knowingly possessed stolen property. If you would like to speak with an experienced federal theft crimes attorney, call the Blanch Law Firm now at (212) 736-3900 for a free legal review of your case. ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the COVID-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. circumstances tending to prove (his/her) guilt of

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