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  1. #1
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    Sep 2011
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    Default Re: Charged with Class F Felony Larceny/Poss Stolen Goods, Why Not Class H

    Apparently, you are willing to "pay the bill" until the check comes. Hire a lawyer and attempt to have the charges reduced. As you pawned the item, you engaged in a theft conspiracy apparently and are subject to the "booster law"

    § 14‑2.4. Punishment for conspiracy to commit a felony.

    (a) Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit, except that a conspiracy to commit a Class A or Class B1 felony is a Class B2 felony, a conspiracy to commit a Class B2 felony is a Class C felony, and a conspiracy to commit a Class I felony is a Class 1 misdemeanor.

  2. #2
    Join Date
    Jun 2013
    Location
    NC
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    4

    Post Charges for Possession of Stolen Goods

    My question involves criminal for thelaw state of: North Carolina

    I messed up, BIG TIME, and as a recovering addict I fell off the wagon and to make a long story short, I stole a bracelet from my mother in law that my father in law paid $2000 for and pawned it to get money for the obvious. I've been arrested and my husband bailed me out of jail (thank God for him, he knows what I did was wrong but he's got my back no matter what and knows I would have done the same for him). We knew they were coming to arrest me and so my mother in law insisted on keeping my 2 yr old until they arrested me b/c none of us wanted my 2 yr old to be here when it happened and her see it happen. I'm an upstanding citizen, I'm a stay at home mom, and it took them 3 weeks to come and arrest me. At first the detective told my mother in law it was up to her to whether or not to press charges, but then called her and told her the state was taking it over so it was no longer in her hands. She wasn't going to press charge on me, as long as I got the bracelet back, which I was going to do. Now the police have the pawn ticket, and are going to get it back for her (I actually went to the next county over and pawned it so I'm not sure if I'll have a charge for selling stolen property in that county, we don't know yet) but up until my arrest, b/c it was taking so long, and when I fell off the wagon it was a week long binge and I straightened right back up but she continued to insist on keeping my daughter, my husband agreeing b/c we didn't want our daughter to see me get arrested, but she told me that now that I've shown her I straightened right back up, it was a one time mess up, she didn't even want them to arrest me anymore. They came and got me, and my charges are one count of Larceny and 2 counts of possession of stolen goods and it has an F beside the stolen goods charge. I'm assuming that means it's a class F felony ... but in NC it says all Larceny and Stolen Goods charges are Class H felonies, how are they charging me with a class F felony? That's worse than a class H. That's my first question.

    My next question is b/c it took so long for them to arrest me, now it's rehashed all the bad feelings between us all and my mother in law is still refusing to give me and my husband our daughter back ... my husband is a mama's boy and refuses to stand up to her and for the record, when I did fall off the wagon, my daughter was in the care of my mother in law, so my daughter has never been exposed to any of my shortcomings in that department. She's now claiming I've been using again and won't give me my daughter back. In jail they set my court date for mid July 19th, we're going to go see a lawyer one day this coming week and see what can be done. Is there any way to get these dropped to misdemeanors or do some kind of diversion program b/c my record is squeaky clean, I've never been in trouble a day in my life and from what I've read online, a Class F felony is punishable for up to 6 yrs in jail ! I'm so scared they're going to try and throw the book at me and make me serve jail time (believe me, that day and half I was in there for getting arrested for the warrant was enough jail time for me to know I do NOT want to EVER step foot back into another one again.

    I've got 2 problems at this point, my mother in law is under the assumption (and you know what assuming does, it makes an ASS out of U and ME) that I'm still doing what I was when I stole from her, but I'm not, I sit at home, all day, and I'm slowly dying on the inside without my daughter here with me, it is literally sucking the life out of me b/c I'm not a bad person, I just have a problem that I've been fighting for almost 10 yrs now and I hope I'll never relapse again, but I don't know what the future holds, I hope not and I don't plan on relapsing ever again but my husband won't grow a backbone and stand up to his parents and say hey, she made a mistake, but she is not a bad mom, we don't deserve to have our child taken away from us for over a month b/c she slipped up and used again (while our daughter was in THEIR care!) Is there any hope that if I could get back in good with my mother and father in law that they could tell the DA or prosecutor or whoever that they no longer want to testify against me? Is there any way that the judge could have mercy on me since I don't have a prior record and have me do a diversion program so this doesn't ruin my life and haunt me the rest of my life??? Any advice on what to do at this point, with my court case (besides getting a lawyer b/c that is what I'll be doing next week) and with the fact that my mother/father in law continue to deprive me of my daughter and my daughter of me (she's 2! She needs to be with her mommy and daddy!) And does anyone have any clue as to why I'm being charged with a Class F felony instead of a Class H which is what larceny/stolen property charges are usually charged with?

    Thanks for taking the time to read my plight. I have no one to blame but myself and I take full responsibility for what I've done, and truthfully I'd give my right arm to go back and undo what I did, but I can't ... I can't undo it, all I can do is face the music and try and mend the relationship with my mother and father in law ... but they're holding my child from me to "punish" me in their own right and I'm about to go CRAZY without my child here with me, not to mention it doesn't help with the fact that I am a recovering addict, this insanity of them thinking they have some kind of right over our child (which as long as my husband allows them to do what they're doing then they have that right) is only triggering a want to just say "F it" and go get messed up again, but I won't do that b/c I know that would only make things worse, but I don't think they understand mentally and emotionally the torture they're putting me through by basically holding my child hostage from me. It makes me want to go do something I shouldn't so I can just escape reality for a while. I don't know what to do, my parents and I haven't had anything to do with one another for a little over 15 yrs now so there's no need in trying go to them for help. I've burnt a lot of bridges when I was bad off as an addict and those bridges will never be rebuilt, even though I've been sober (besides my slip up) for over 2 yrs now, and I've tried to include them in my life and my daughter's life. My husband is the only person I have and I don't know what to do anymore. I've read through some of these posts and can't find anything that relates to my situation so if anyone out there can help me, I'd be much appreciative, more than you realize.

    Thanks again and God Bless, Please help me with what I need to do. Again, I'm in the state of NC.

    LoveMyBug7611

    - - - Updated - - -

    Please, does ANYONE have any advice for me????

  3. #3
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    Default Re: Charges for Possession of Stolen Goods

    Quote Quoting LoveMyBug7611
    View Post
    They came and got me, and my charges are one count of Larceny and 2 counts of possession of stolen goods and it has an F beside the stolen goods charge. I'm assuming that means it's a class F felony ... but in NC it says all Larceny and Stolen Goods charges are Class H felonies, how are they charging me with a class F felony? That's worse than a class H. That's my first question.
    At first blush that does not make sense. Please provide the statute numbers for the charges filed against you.
    Quote Quoting LoveMyBug7611
    My next question is b/c it took so long for them to arrest me, now it's rehashed all the bad feelings between us all and my mother in law is still refusing to give me and my husband our daughter back ... my husband is a mama's boy and refuses to stand up to her and for the record, when I did fall off the wagon, my daughter was in the care of my mother in law, so my daughter has never been exposed to any of my shortcomings in that department.
    How long did your child live with your mother-in-law before you decided you wanted to remove her from your mother-in-law's care? Does your spouse live with your mother-in-law? Prior to the theft charge, did you? Does your mother-in-law have a court order granting her guardianship over the child? Do you live with your husband? You say "refusing to give me and my husband our daughter back" but you seem to be indicating that your husband wants your daughter to stay where she is.
    Quote Quoting LoveMyBug7611
    In jail they set my court date for mid July 19th, we're going to go see a lawyer one day this coming week and see what can be done.
    Who is "they", and what is this court date about? Is it a hearing on a guardianship?
    Quote Quoting LoveMyBug7611
    Is there any way to get these dropped to misdemeanors or do some kind of diversion program b/c my record is squeaky clean, I've never been in trouble a day in my life and from what I've read online, a Class F felony is punishable for up to 6 yrs in jail !
    You will need to work with your criminal defense lawyer to try to work out the best possible deal.

    It sounds like you have time to start working the steps, if you're so inclined, and if you have bridges to rebuild you may want to work toward that "making amends" thing.

  4. #4
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    Jun 2013
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    NC
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    4

    Default Re: Charges for Possession of Stolen Goods

    Ok, sorry for not clarifying. Our daughter has always been with us, I've raised her since the day she was born. When I did the stupid thing I did, my in laws, AND my husband decided I "didn't deserve to care for our daughter." They're holding my daughter over my head to get back at me I guess. Ever since the day it happened, I have sat at home, not gone anywhere, not done anything. Like I said, I slipped, I did and I admit it and in the process I did something very wrong and I'm very sorry for it. But you hit the nail on the head, my husband DOES want our daughter at his parents' b/c we weren't together long before we got pregnant and after we had our baby, all I heard was "Aw, let mama keep her tonight, we never know how much longer mama has and I want her to be close to my mama" (His mother is paralyzed from the waist down and is in a wheelchair) Over the past couple years it's become apparent to me that his mother had been nagging him and his brother about "giving her grandchildren" and my naïve self fell for the whole "I love you and want to have a family with you" BS and he basically got me pregnant to give his mom a grandchild. My husband and I are on the verge of calling it quits over all this, so he's intentionally trying to hurt me and he knows by saying I "don't deserve" to have my daughter with me he's hurting me, they all know that. Up until I slipped they never had a bad word to say about me as a mother, and that's b/c I AM a good mother, as best I can be, and I've NEVER put my child in harm's way, nor have I ever done anything mind altering since before she was born. So they're keeping my baby from me just to hurt me.

    I'm not sure what the statutes are regarding my charges, and the court date coming up is for these charges, not guardianship. I actually left my husband and we went to a lawyer and had custody papers drawn up, but we decided to get back together and just leave the custody papers as is in case things didn't end up working out in the long run. Believe me, if I had anyone else in this world (not like I really have anyone here, just a roof over my head) me and my daughter would be LONG GONE. Although I already know when, not if, but WHEN I do leave with my daughter, I'll have CPS knocking on my door b/c that's their threat. His parents continue to accuse me of doing drugs, therefore not capable of taking care of my child, and they've said, "We know you can come get her, but if you leave with her we're calling CPS, we don't think you've learned your lesson yet so she's staying with us." And like I said, at first it was them keeping her until they served the warrant on me, now that the warrant's been served, now it's that I "don't deserve" MY baby! Today's my birthday, and here I sit, alone, heartbroken, about to lose my mind, scared to death I'm going to end up going to jail which only gives these crazy people more ammo against me, and I don't know what to do! Let me type out exactly what the warrant says the charges are:
    Ok, this is in North Carolina and it says
    Offenses
    I Felony Larceny
    II Poss Stolen Goods/Prop (F)

    Offense Codes
    I 2321
    II 2341

    Offense in Violation of G.S.
    I 14-72 (A)
    II 14-71.1

    I guess there's not much I can really do about my daughter, there are times my husband acts mad about his parents keeping her like they are, but I don't understand how he doesn't realize the ONLY TWO people that have ANY SAY over our child is US. He'll go pick her up (for the 1-2 hrs a day I Do get to see her) and if I "piss him off" he'll say something like, "That's fine, let me just call mama to come on and pick her up," So he's doing it maliciously just to hurt me, control me, manipulate me, whatever. And where he first said he was going to help me pay for a lawyer, now he's saying he's not going to and he's going to revoke my bond and all this crazy stuff. He's a complete JERK when I stand up for myself (which is why I left him that first time and is why I'm going to leave him again once I can find a job and am able to support me and my daughter, the reason I came back is a looooooong story, but neither of us wanted to get back together, honestly I had nowhere to go and basically he's just letting me stay here, but totally and utterly hindering me from leaving so it feels as if I'm stuck, he's a control freak and if he doesn't have me to control then what does he have? Nothing ... that's why he let me stay here)

    So those are the statutes I violated and if anyone can give me any advice at all I'd much appreciate it. Especially any advice in case I'm unable to pay for a lawyer and have to get a public defender *shudder* ... I've heard such horrible things about public defenders and how they could care less how it all turns out. This is the first time I've ever been in trouble and I'm terrified I'm going to end up having to spend time in jail ... please, any advice would be appreciated!

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charges for Possession of Stolen Goods

    Both are class H felonies. The (F) above merely indicates felony I believe (14-71.1 is a felony if the underlying larceny was a felony).

  6. #6
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Charges for Possession of Stolen Goods

    I have similar situation in NC and requesting answers. "I" was given jewelry to have appraised for my girlfriend. She told me it was hers. Turns out it was her moms and charges were filed against me for felony larceny. I returned the jewelry, even though I was pissed at my gf for lying and thought I should keep it, but I ultimately did not want to do that to her mom. So within ten days I returned the jewelry. I spent one night in jail. I want the charges completely dismissed not just reduced to misdemeanor. I still live with her and her mom btw and everything is bygones now except this charge.

  7. #7
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    Apr 2009
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    Inland Empire
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    Default Re: Charges for Possession of Stolen Goods

    Quote Quoting LoveMyBug7611
    View Post
    Ok, sorry for not clarifying. Our daughter has always been with us, I've raised her since the day she was born. When I did the stupid thing I did, my in laws, AND my husband decided I "didn't deserve to care for our daughter." They're holding my daughter over my head to get back at me I guess. Ever since the day it happened, I have sat at home, not gone anywhere, not done anything. Like I said, I slipped, I did and I admit it and in the process I did something very wrong and I'm very sorry for it. But you hit the nail on the head, my husband DOES want our daughter at his parents' b/c we weren't together long before we got pregnant and after we had our baby, all I heard was "Aw, let mama keep her tonight, we never know how much longer mama has and I want her to be close to my mama" (His mother is paralyzed from the waist down and is in a wheelchair) Over the past couple years it's become apparent to me that his mother had been nagging him and his brother about "giving her grandchildren" and my naïve self fell for the whole "I love you and want to have a family with you" BS and he basically got me pregnant to give his mom a grandchild. My husband and I are on the verge of calling it quits over all this, so he's intentionally trying to hurt me and he knows by saying I "don't deserve" to have my daughter with me he's hurting me, they all know that. Up until I slipped they never had a bad word to say about me as a mother, and that's b/c I AM a good mother, as best I can be, and I've NEVER put my child in harm's way, nor have I ever done anything mind altering since before she was born. So they're keeping my baby from me just to hurt me.

    I'm not sure what the statutes are regarding my charges, and the court date coming up is for these charges, not guardianship. I actually left my husband and we went to a lawyer and had custody papers drawn up, but we decided to get back together and just leave the custody papers as is in case things didn't end up working out in the long run. Believe me, if I had anyone else in this world (not like I really have anyone here, just a roof over my head) me and my daughter would be LONG GONE. Although I already know when, not if, but WHEN I do leave with my daughter, I'll have CPS knocking on my door b/c that's their threat. His parents continue to accuse me of doing drugs, therefore not capable of taking care of my child, and they've said, "We know you can come get her, but if you leave with her we're calling CPS, we don't think you've learned your lesson yet so she's staying with us." And like I said, at first it was them keeping her until they served the warrant on me, now that the warrant's been served, now it's that I "don't deserve" MY baby! Today's my birthday, and here I sit, alone, heartbroken, about to lose my mind, scared to death I'm going to end up going to jail which only gives these crazy people more ammo against me, and I don't know what to do! Let me type out exactly what the warrant says the charges are:
    Ok, this is in North Carolina and it says
    Offenses
    I Felony Larceny
    II Poss Stolen Goods/Prop (F)

    Offense Codes
    I 2321
    II 2341

    Offense in Violation of G.S.
    I 14-72 (A)
    II 14-71.1

    I guess there's not much I can really do about my daughter, there are times my husband acts mad about his parents keeping her like they are, but I don't understand how he doesn't realize the ONLY TWO people that have ANY SAY over our child is US. He'll go pick her up (for the 1-2 hrs a day I Do get to see her) and if I "piss him off" he'll say something like, "That's fine, let me just call mama to come on and pick her up," So he's doing it maliciously just to hurt me, control me, manipulate me, whatever. And where he first said he was going to help me pay for a lawyer, now he's saying he's not going to and he's going to revoke my bond and all this crazy stuff. He's a complete JERK when I stand up for myself (which is why I left him that first time and is why I'm going to leave him again once I can find a job and am able to support me and my daughter, the reason I came back is a looooooong story, but neither of us wanted to get back together, honestly I had nowhere to go and basically he's just letting me stay here, but totally and utterly hindering me from leaving so it feels as if I'm stuck, he's a control freak and if he doesn't have me to control then what does he have? Nothing ... that's why he let me stay here)

    So those are the statutes I violated and if anyone can give me any advice at all I'd much appreciate it. Especially any advice in case I'm unable to pay for a lawyer and have to get a public defender *shudder* ... I've heard such horrible things about public defenders and how they could care less how it all turns out. This is the first time I've ever been in trouble and I'm terrified I'm going to end up having to spend time in jail ... please, any advice would be appreciated!
    Let me just clarify, you gave your in-laws custody of your daughter?

  8. #8
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    Sep 2011
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    Default Re: Charged with Class F Felony Larceny/Poss Stolen Goods, Why Not Class H

    Tigy you missed the hijack revival. Your best option is to hire a lawyer. Your GF and mom will likely blame it on you. Please start your own thread.

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