WillI get in trouble for having stolen property at my home if didn’t know that it was stolen?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

WillI get in trouble for having stolen property at my home if didn’t know that it was stolen?

A friend came to my house around 1:00 am with a car and asked if he could work on it in my shop. I said OK and that I was going to bed and would see him in the morning. When I got up the next morning and he was gone and the car was chopped up. I didn’t know that it was stolen. The cop have come to my house looking for the friend and the car. I didn’t want to go to jail; I have 2 kids and a wife. I want to do what is right; please help me. Will going to the cops and telling them the truth be a bad idea? Should I speak with a criminal law attorney? In Lewis County, WA.

Asked on February 16, 2011 under Criminal Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Definitely speak with a criminal defense attorney about the best way to handle this, and don't speak to the authorities (or anyone!) about this matter until you speak with a lawyer--that is, exercise your right against self-incrimination, a/k/a right to remain silent.

As a general matter, to be guilty of a crime requires in almost all circumstances a criminal intent, or mens rea. That means that in theory, if you did not know that a car was stolen, you cannot be charged with a crime. However, sometimes it's enough that a reasonable person would have known that a crime was being committed and that the only reason you didn't "know" was that you turned a willfully blind eye. In this case, it is highly suspicious that a friend would suddenly need to work on his car at 1 a.m . in the morning; the facdt that you let him in and then turned in could be taken to mean you knew or suspected it was stolen and let him use your shop to chop it while hoping to give yourself plausible deniability.

You need experienced counsel to evaluate your situation and advise you based on its unique facts.


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 lock Secured with SHA-256 Encryption