recieving stolen property that i didnt know it was stolen

Get Legal Help Today

 Secured with SHA-256 Encryption

recieving stolen property that i didnt know it was stolen

i found an item and then later on found out that my ex stole it and he framed me and i dont have any kind of record and i am almost four months pregnant and i have a job and i was wondering what kind of jail time can i serve if they dont think that i am innocent?

Asked on June 23, 2009 under Criminal Law, West Virginia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice in West Virginia, it appears as if you have framed the issue improperly.  In any criminal prosecution, the burden is on the state to prove, "beyond a reasonable doubt", that the defendant is guilty.  Therefore, the issue is not what your potential penalty might be if the police/prosecution does not believe you are innocent.  Anytime anyone is arrested and/or prosecuted the police/prosecution obviously does not believe that the defendant is innocent.  Rather, the issue should be whether probable cause to arrest, or, guilt beyond a reasonable doubt to convict, exists given the fact that someone else (your ex) was responsible for receiving the stolen property.  In other words, given the facts that you have presented, this appears to be a potentially defensible case; thus, if successfully defended, the state would be unable to prove your guilt beyond a reasonable doubt and you could therefore potentially avoid conviction.  Therefore, to this end, I highly recommend that you consult with and/or retain a skilled criminal defense attorney to evaluate both the strength of the state's case as well as the merits of your potential defenses in the interest of obtaining the best possible resolution to this matter.  Moreover, if you have not already been arrested, you should still retain a criminal defense attorney due to the fact that he/she may be able to advise you in the interest of avoiding arrest in the first place.


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