If I got caught selling counterfeit jerseys and they came to my house and took the jerseys but I was not arrested, what charges am I looking at?

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If I got caught selling counterfeit jerseys and they came to my house and took the jerseys but I was not arrested, what charges am I looking at?

Asked on December 24, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A search warrant is not the same thing as an arrest warrant-- so they don't have to arrest you, yet.  The search warrant only gives them authorization to look in a specific place for specific items.  An arrest warrant would have given them authorization to arrest you.  Considering they found counterfeit jerseys in your house, they could have potentially charged you, but it looks like they are still making decisions on how to charge you. 

What they will charge you with depends on the circumstances surrounding the jerseys.  Texas actually has a state statute which prohibits a person from distributing or offering to sell counterfiet items.  It's located in Sec. 32.23 of the penal code.  If the symbols on the jerseys were trademarked and you sold them-- then you could be charged with a misdemeanor or felony offense.  The level will depend on the retail value of what you were offering to sell or did sell.  Many counterfieting offenses are misdemeanors because the retail value for most of these goods are under $1500.00.  If their evidence is insufficient to show that you intended to do anything with the jerseys, they may not charge you with anything.  If the jerseys were stolen from somewhere-- that would be a separate theft charge in addition to the counterfieting charge. 


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