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Unknowingly Pawning Stolen Property

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  • 10-16-2014, 01:33 AM
    Disagreeable
    Re: Unknowingly Pawning Stolen Property
    Since you have already admitted to and he has evidence of you pawning the bike,offering to pay the pawnbroker might keep them from pressing charges. Admitting any more can only go bad. Be polite. In fact, going to the pawn brokers tomorrow and reimbursing them, obtaining a receipt on your own is better. Do not get into a lengthy conversation with them. Tell them the police advised you the bike was stolen so you were refunding their money and just want a receipt proving you paid them.
  • 10-16-2014, 03:11 AM
    llworking
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting Disagreeable
    View Post
    Since you have already admitted to and he has evidence of you pawning the bike,offering to pay the pawnbroker might keep them from pressing charges. Admitting any more can only go bad. Be polite. In fact, going to the pawn brokers tomorrow and reimbursing them, obtaining a receipt on your own is better. Do not get into a lengthy conversation with them. Tell them the police advised you the bike was stolen so you were refunding their money and just want a receipt proving you paid them.

    I am not sure I agree with this advice. I wouldn't do this unless an attorney recommended it.
  • 10-16-2014, 03:46 AM
    SeriesOfUnfortunateEvents
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting Disagreeable
    View Post
    Since you have already admitted to and he has evidence of you pawning the bike,offering to pay the pawnbroker might keep them from pressing charges.

    That is actually some quality advice. Even if I were still required to appear in court worst case scenario it would definitely be a positive look that I attempted to make things right with them even though I wasn't technically at fault. I did have another question however. The police officer informed me that following his investigation that the district attorney's office would choose to prosecute either myself or the person who stole the bicycle and gave it to me. At that point they would issue a warrant for arrest. In the event that I were to be the one they chose to prosecute he revealed I would be arrested and likely spend the night in a holding cell until morning where I would appear before the judge for an arraignment. I'm curious then if the plea I were to make would effect if I was immediately released from jail or if I would then be held in jail until the upcoming trial date they set? I can't imagine that a judge would sentence me to anymore jail time after the initial night there for pleading guilty for a Petty Larsony misdemeanor. He would more than likely sentence me to probation, community service, and release me. However I don't want to face consequences for a crime that somebody else commited and more so would like to avoid that charge fouling up my legal record. Yet if I plead not guilty is there a chance he will hold me in jail until my trial? In addition, if I posted bail would I get my money back when I appeared in court on my trial date?
  • 10-16-2014, 04:25 AM
    Disagreeable
    Re: Unknowingly Pawning Stolen Property
    Though I suggest you pay the pawn shop for the bike, I recommend you make no more statements and enter a plea of not guilty if charged. Obtaining council of a lawyer now would be best. If you post a cash bond for release, it will be returned when you complete court proceedings. Request the officer allow you to come to the station before court for processing so you do not spend the night in jail.


    Quote:

    NRS 205.0832  Actions which constitute theft.

    1.  Except as otherwise provided in subsection 2, a person commits theft if, without lawful authority, the person knowingly:

    (a) Controls any property of another person with the intent to deprive that person of the property.

    (b) Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or her or placed in his or her possession for a limited, authorized period of determined or prescribed duration or for a limited use.

    (c) Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this paragraph, “material misrepresentation” means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.

    (d) Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his or her own use or that of another person without reasonable efforts to notify the true owner.

    (e) Controls property of another person knowing or having reason to know that the property was stolen.

    (f) Obtains services, including, without limitation, audio or visual services, or parts, products or other items related to such services which the person knows or, in the case of audio or visual services, should have known are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his or her own benefit or that of another person without lawful authority to do so.

    (g) Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.

    (h) Commits any act that is declared to be theft by a specific statute.

    (i) Draws or passes a check, and in exchange obtains property or services, if the person knows that the check will not be paid when presented.

    (j) Obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation.

    2.  A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, the person received a written estimate of the cost of the repair.
  • 10-16-2014, 09:17 PM
    Who'sThatGuy
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting SeriesOfUnfortunateEvents
    View Post
    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?



    No, they can't charge you with "petty theft", however, they can charge you with possession of stolen property. To charge you with petty theft, they would need proof that you stole the bicycle. They have enough proof to charge you with possession.

    It sounds like a good idea to pay the pawn shop their money back and then seek reimbursement from the guy you got the bike from, but please check with a lawyer before doing so.
  • 10-16-2014, 09:47 PM
    jk
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting Who'sThatGuy
    View Post
    No, they can't charge you with "petty theft", however, they can charge you with possession of stolen property. To charge you with petty theft, they would need proof that you stole the bicycle. They have enough proof to charge you with possession.

    It sounds like a good idea to pay the pawn shop their money back and then seek reimbursement from the guy you got the bike from, but please check with a lawyer before doing so.

    they can charge him with anything they want. They often stack charges to make a plea bargain more tempting.


    they would have to prove any given charge to convict the guy but none the less, they can charge him with anything they want to.
  • 10-17-2014, 06:29 AM
    budwad
    Re: Unknowingly Pawning Stolen Property
    I would not go anywhere near that pawn shop. A defense to receiving stolen goods is that you did not know the property was stolen. Right now, OP has that working for him. Paying back the broker could be construed as knowing the property was stolen. If the serial number of the bike was altered who is to say who did it, OP or the friend or maybe someone else. This could get complicated very quickly.

    OP, shut up and stop posting and go get an attorney if your are charged with anything. This is not legal advise but is smart advise.


    Quote:

    BUYING OR RECEIVING STOLEN GOODS

    NRS 205.275  Offense involving stolen property: Definition; penalty; restitution; prima facie evidence; determination of value of property.

    1.  Except as otherwise provided in NRS 501.3765, a person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

    (a) Knowing that it is stolen property; or

    (b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.

    2.  A person who commits an offense involving stolen property in violation of subsection 1:

    (a) If the value of the property is less than $650, is guilty of a misdemeanor;

    (b) If the value of the property is $650 or more but less than $3,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

    (c) If the value of the property is $3,500 or more or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

    3.  In addition to any other penalty, the court shall order the person to pay restitution.

    4.  A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.

    5.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

    6.  For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.

    7.  As used in this section, “stolen property” means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.

    [1911 C&P § 383; A 1951, 29]—(NRS A 1967, 502; 1971, 925; 1979, 561, 1445; 1989, 1434; 1995, 13, 1223, 1323; 1997, 344; 1999, 402; 2011, 166; 2013, 1003)

    NRS 205.290  Restoration of stolen property to owner.  All property obtained by larceny, robbery, burglary or embezzlement and found in the possession of the thief or embezzler thereof, or in the possession of any receiver or wrongful possessor of stolen property, shall be restored to the owner.

    [1911 C&P § 385; A 1935, 370; 1931 NCL § 10337]—(NRS A 1971, 926)

    NRS 205.295  Restoration of stolen property: Duties of officers.  The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in the officer’s hands, and shall annex a schedule thereof to the return of the warrant. Whenever the district attorney shall require such property for use as evidence upon the examination or trial, such officer, upon the demand of the district attorney, shall deliver it to the district attorney and take a receipt therefor, after which such district attorney shall be answerable for the same.

    [1911 C&P § 386; RL § 6651; NCL § 10338]
    You may want to read about the value of the bike above and what the crime is. If this is an expensive bike, it's not going to be about the $75 OP got from the broker.

    And they have OP on receiving they don't need the thief (4 above) to convict.
  • 10-17-2014, 01:58 PM
    Disagreeable
    Re: Unknowingly Pawning Stolen Property
    budwad, the officer has already notified him the bike was stolen. He would be making voluntary amends, not admitting to anything he has not already admitted to the officer and records prove. The reason this may help him as police are reluctant to get into a battle of returning the stolen item from the pawnshop to the owner as the pawnshop loses the money in the course of normal business. Reimbursement would allow the exchange without the officer being forced to deal with the matter, even though some states require the owner to reimburse the pawnshop if they want their item back. A happy officer is less likely to recommend charges.
  • 10-18-2014, 03:11 PM
    budwad
    Re: Unknowingly Pawning Stolen Property
    Quote:

    Quoting Disagreeable
    View Post
    budwad, the officer has already notified him the bike was stolen. He would be making voluntary amends, not admitting to anything he has not already admitted to the officer and records prove. The reason this may help him as police are reluctant to get into a battle of returning the stolen item from the pawnshop to the owner as the pawnshop loses the money in the course of normal business. Reimbursement would allow the exchange without the officer being forced to deal with the matter, even though some states require the owner to reimburse the pawnshop if they want their item back. A happy officer is less likely to recommend charges.

    Dis, The officer telling OP that the bike was stolen is a given but does not prove that OP didn't know the bike was stolen. Making 'voluntary amends' can be looked at as remorse or trying to cloud the issue now that the crime has come to light.

    Beyond what OP has already told the police, he should do nothing and say nothing. If he had no knowledge that the bike was stolen, then he can prove it when the time comes. It is up to the district attorney who, if anyone will be charged and not the police officer.
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