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Unknowingly Pawning Stolen Property

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  • 10-15-2014, 09:18 PM
    SeriesOfUnfortunateEvents
    Unknowingly Pawning Stolen Property
    My question involves criminal law for the state of: Nevada

    So late in August I was given a bicycle by a friend that owed me a small amount of money but wasn't able to pay me back. He told me he felt bad about his unforeseen circumstances and that I should be able to get at least $50 to $100 on Craigslist or at a pawn shop. In a hurry to cut my loses and receive whatever I could for it I simply sold it to a pawn shop for $75. Afterwards we ceased our friendship as I felt he had wronged me so we've obviously had no contact since. Fast forward nearly two months as of today and I hear a knock on my door only to find a deputy from the sheriff's department greeting me. He informs me that the bicycle I had sold to the pawn shop was reported stolen and proceeded to ask specific questions of how it came into my possession. I was truthful with him and gave him the name and address of the person who had given me the bicycle. I then conveyed my apologies after explaining that I had not known the nature of how he obtained it. I proceeded to ask the officer if I would be liable for this crime and charged with "petty theft" as he put it, and he responded that it was definitely possible. Is this true? Am I absolutely helpless in this situation? I have not committed any crime, and if they'd like to get technical it was at least not knowingly. What are my rights in this situation? Please help...
  • 10-15-2014, 09:37 PM
    jk
    Re: Unknowingly Pawning Stolen Property
    The cop hasn't concluded his investigation so he is not ruling out the possibility you just lied to him and if you did he's coming back to get you and the charges could vary depending what he did discover
  • 10-15-2014, 09:51 PM
    SeriesOfUnfortunateEvents
    Re: Unknowingly Pawning Stolen Property
    I can assure you that I'm not lying but I understand what you're saying as obviously the police officer doesn't know that yet. I'm curious as to what will happen if he speaks to my former friend that stole the bicycle and he lies or refuses to talk as not to incriminate himself. Does the charge automatically fall on me by default even though I haven't committed any crime? Surely they can't just assume that I stole it without any evidence and arrest me can they? The same principle would apply if I had accidentally purchased the bicycle through Craigslist and later sold it to a pawn shop without ever knowing it was stolen. Now I should be liable for a crime committed by somebody else? That doesn't seem like justice to me. What are my rights and how should my defense be presented in this circumstance?
  • 10-15-2014, 10:07 PM
    jk
    Re: Unknowingly Pawning Stolen Property
    I didn't say you were lying but the cop isn't going to take your statement as the truth without further investigation


    right now he has you pawning a stolen bike. That is the only facts he has at the moment. If your former friend denies your story and he sounds more believable than you, care to guess who is looking at criminal charges?


    they have evidence though. They have you pawning the bike and your story you got it from some guy that has no idea what you're talking about
  • 10-15-2014, 10:23 PM
    adjusterjack
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting SeriesOfUnfortunateEvents
    View Post
    What are my rights and how should my defense be presented in this circumstance?

    The answers to those question would be better coming from an attorney that you hire to protect you.

    And I strongly suggest that you exercise your right to remain silent and not talk to cops without your attorney present.
  • 10-15-2014, 10:44 PM
    SeriesOfUnfortunateEvents
    Re: Unknowingly Pawning Stolen Property
    So it would merely come down to who has the most believable story? I mean in my mind I just can't imagine police officers arriving at his door followed by him breaking down and confessing his guilt in detail to them. Not to say that couldn't hypothetically happen, it just seems highly unlikely to me. I asked the deputy what would happen in the event that he didn't want to talk and he replied that they have ways to coerce a confession out of him to an extent by either threatening to test for fingerprints or threatening to obtain an intrusive search warrant. Of course it was implied that these were just tactics they could use to obtain his compliance. I'm curious however if these could actually be valuable methods of proving his guilt. Surely his fingerprints have to be somewhere on the bicycle, correct?

    - - - Updated - - -

    Quote:

    Quoting adjusterjack
    View Post
    The answers to those question would be better coming from an attorney that you hire to protect you.

    And I strongly suggest that you exercise your right to remain silent and not talk to cops without your attorney present.

    I'm unfortunately unsure if I can realistically afford an attorney at this point in time. What would be your best advice for someone in my position? I know that public defenders are damn near coffee break buddies with the district attorneys and judge so as you'd understand I'm weary of that option. Not looking for a plea bargain considering I'm innocent.
  • 10-15-2014, 10:47 PM
    jk
    Re: Unknowingly Pawning Stolen Property
    Quote:

    SeriesOfUnfortunateEvents;841837]So it would merely come down to who has the most believable story?
    no. It may come down to what the evidence proves and so far, the only evidence is you admit to pawning the bike.

    if your former friend's story doesn't exonerate you, I suggest you plan on finding an attorney. You become the only person they can prove possessed the stolen bicycle.

    Quote:

    Surely his fingerprints have to be somewhere on the bicycle, correct?
    if you believe so I suggest you keep that in mind for your lawyer who can have the bike checked for prints. You might want to start trying to remember where you saw the guy touch the bike.


    the only problem with that: unless his prints are in the system already, they cannot prove they are his prints.

    they cannot force him to give his prints unless they arrest him. If they have arrested you (or cited you if that is the process) and intend on prosecuting you, they have no reason to arrest him.



    Quote:

    I know that public defenders are damn near coffee break buddies with the district attorneys and judge
    that's a good thing. that means they know what a prosecutor might accept as a plea bargain (not saying you should go that route) or how to approach them to benefit their client.

    contrary to popular belief of many people; many lawyers, defense lawyers, are acquaintances or even friends with prosecutors and judges. They work in regular contact with each other so they do end up being familiar with each other. The only way to avoid that is to hire a lawyer from out of the area the prosecution is taking place. That unfamiliarity can actually be a disadvantage at times.



    You may be getting ahead of yourself anyway. You'll just have to wait it out. If the cops come back, stop talking to them. They are not coming back to clarify anything. They are coming back to attempt to garner more evidence, in the form of your statements, against you. If they come back it's time to stop talking to anybody other than your lawyer.
  • 10-15-2014, 10:52 PM
    Disagreeable
    Re: Unknowingly Pawning Stolen Property
    If you have no criminal record, I would limit my next contact with the officer to explaining you are willing to reimburse the pawnshop even though you sold them the bike in good faith but are afraid to make any other statements without a lawyer present.
  • 10-15-2014, 11:50 PM
    SeriesOfUnfortunateEvents
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting Disagreeable
    View Post
    If you have no criminal record, I would limit my next contact with the officer to explaining you are willing to reimburse the pawnshop even though you sold them the bike in good faith but are afraid to make any other statements without a lawyer present.

    Unfortunately I do have two prior convictions which both took place when I was very young (ages 18 & 20). Both are non-violent and completely unrelated to the current accusation. One was a DUI (First Offense) and the other was Petty Possession of Cannabis. I personally don't have any objection to working with them and paying off the pawn shop even though I feel as if I shouldn't be required to considering I had no idea the bicycle I sold was stolen property. Despite that I would still be willing to comply if it meant that all of this nonsense were to disappear. I absolutely agree with everyone who stated it is imperative to know your rights and refrain from disclosing too much to an officer without an attorney present. However, I also do not want to come off to them as arrogant or uncooperative during the investigation lest they act unfavorably towards me or make my life more difficult. Seeing as how I can not even afford an attorney of my own at this point how would I even go about saying that? I was under the impression they would only appoint you a public defender after you were officially detained.
  • 10-16-2014, 12:07 AM
    jk
    Re: Unknowingly Pawning Stolen Property
    Quote:

    However, I also do not want to come off to them as arrogant or uncooperative during the investigation lest they act unfavorably towards me or make my life more difficult
    and that's the attitude that will get you charged with a crime.


    while they can make your life difficult, charges still need to be proven in court for you to be convicted.


    I know it's a bad way to get the point across but if you watch any cop shows, think about all the times the cops say:


    we can make the go easier on you if...


    we can't help you unless you help us


    how do we know you didn't do it unless you talk to us




    those are statements cops really do use to make a suspect think they can help themselves by telling the cops everything. The cops lie. They investigate. They turn their investigation over to the prosecutor who decides whether to seek charges against you or not. It's ultimately not up to the cops to determine if you are prosecuted and if you are, what the charges are.
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