Theft by Receiving

My question involves criminal law for the state of: Arkansas

I have been charged with theft by receiving for a cell phone. There was a picture taken of me on the phone. I never had the phone at any point. What is the best way to handle this as a lawyer is not affordable for me? I can't believe my picture being taken with the phone is enough to even try and change me.

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Quoting CrazyCooter

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There was a picture taken of me on the phone. I never had the phone at any point.

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Then how can there be a picture of you talking on the phone?

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Quoting CrazyCooter

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What is the best way to handle this as a lawyer is not affordable for me?

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See if you qualify for a court-appointed lawyer.

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Quoting CrazyCooter

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I can't believe my picture being taken with the phone is enough to even try and change me.

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There's more to it than that. The picture did not come from nowhere. Somebody gave you the phone, which you used. Somebody, perhaps the same person, perhaps somebody else, took a picture of you using the phone. Somehow it is apparent from the picture that the phone you were using was the stolen phone....

If you told the police, "I never had the phone at any point", and then they showed you a picture, "Isn't this the phone, right in your hand?", you would have undermined your credibility.

If the only evidence against you is that someone used the phone to take a picture of you, that sounds pretty weak. This is something you need to talk to your lawyer about.

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Quoting Mr. Knowitall

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Then how can there be a picture of you talking on the phone?

See if you qualify for a court-appointed lawyer.

There's more to it than that. The picture did not come from nowhere. Somebody gave you the phone, which you used. Somebody, perhaps the same person, perhaps somebody else, took a picture of you using the phone. Somehow it is apparent from the picture that the phone you were using was the stolen phone....

If you told the police, "I never had the phone at any point", and then they showed you a picture, "Isn't this the phone, right in your hand?", you would have undermined your credibility.

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Psst....

I think that he meant that there was a photo of him stored in the phone. Which means that either someone took a photo of him using the phone, or someone sent a photo of him to the phone.

Actually, I’m thinking it is a feature of some antitheft software on the stolen phone itself. The software will use the phone’s camera to take a picture of the person using the phone and email it to the owner. If that is the case, the photo is clear evidence that OP had the phone in his/her possession and was using it (dialing a number, using an app, texting, etc.)

I know the person who bought the phone. She did not know it was stolen, and she took a picture of me. She has been charged and so have I, but I have never even touched it. It just seems like quite a b.s. charge when the only thing connecting me to it that my picture was taken.

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I do thank you and will look into a public defender. This seems like a very simple case; I hope.