What to do if I received a misdemeanor for “accepting stolen property” because I purchased a cell phone from someone but had no clue that it was reported stolen?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received a misdemeanor for “accepting stolen property” because I purchased a cell phone from someone but had no clue that it was reported stolen?

I had no prior knowledge of it being stolen and no face these charges.

Asked on February 17, 2014 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In order to be convicted of receiving stolen property in California, the prosecutor must prove that (1) the property was stolen (2) that you received the property and (3) that you knew the property was stolen.

The prosecutor must prove all three of these elements beyond a reasonable doubt to obtain a conviction.

You should assert the defense that you had no knowledge that the property was stolen.  Present all facts showing that you had no knowledge the property was stolen.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption