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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default Pawning a borrowed bike as trafficking stolen property

    Hi,
    A couple of years ago I asked my cousin if I could borrow her mountaine bike to get to work, as my van was broken down. She agreed. I rode it to work that day (tuesday) and then a buddy helped me fix my van the next day, wednesday. Having zero money for gas, I took the bike to the pawn shop and got a loan for $40 for it. The bike was worth $200 and they offered me $65 to purchase it from me. I declined and asked for a loan to cover only what I needed for gas ($40). My intent was to pay off the loan and redeem the bike two days later on friday when I got payed. Friday rolled around and while I was at work my cousin came by my house and asked for the bike back. My wife told her the truth. My cousin then went home and called the police on me for pawning the bike. I was unaware that she had pressed charges against me, so after work I went to get her bike back and was told by the pawnshop that a detective had placed a hold on the bike, leaving me unable to get the bike out. This was 2 and a half years ago.
    I was never arrested and originally, the prosecution declined the case. A few months ago I was informed that they had changed their mind and were charging me with 1st degree theft, 1st degree trafficking stolen property and 1st degree tampering with a witness.
    I have a couple questions.
    1st - Does me getting a loan on a bike that she willingly loaned to me constitute theft and trafficking stolen property? I have documentation showing that i tried to pay the loan and get the bike out. How is it trafficking stolen property if the bike wasn't stolen but loaned to me?
    2nd - is it witness tampering for me to leave a heated (but non-threatening) message on her answering machine in which I told her pointedly that it was (in my opinion) a load of b.s. that she called the cops and that i wanted her to drop the charges? At that time i had not been arrested for the charges and I in no way was trying to compell her to give false testimony.
    3rdly - If convicted, would I be eligible for house arrest? My wife has been battling colon cancer for the past nine months and relies on me to financially support her, take her to chemo, and provide her with basic care in the home.

    I live in Spokane county, Washington state. I am 28 years old and I have never been convicted or arrested for anything. I make too much money for free counsel, but not enough to hire a lawyer and still stay on top of our bills.
    I have no problem pleading guilty if I did indeed commit a crime. I'm just not sure if I did anything illegal and I don't want to roll over and go to jail over something that I may be innocent of doing.
    Any thoughts or advice would be greatly appreciated. Please, please, please - does anyone have any insight on my situation?
    Thanks in advance

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Pawning a borrowed bike = trafficking stolen property?

    Sounds like a felony to me.

    Of course, I thought OJ was guilty!

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pawning a borrowed bike = trafficking stolen property?

    Do you even know which witness you are accused of tampering with? Are you sure it's the complainaint?

    There are theft offenses which involve your obtaining property with the owner's consent - for example, larceny by false pretenses and larceny by conversion. You don't exactly paint a portrait of yourself as an innocent, hocking the bike the day after you borrowed it.

    Your sentence will depend, among other things, on your record. You really need to consider getting a criminal defense lawyer.

  4. #4
    Join Date
    Nov 2006
    Location
    Washington State
    Posts
    63

    Default Re: Pawning a borrowed bike as trafficking stolen property?

    Hey Bubba, I'm on the Westside. (Mallon, Broadway), Done Wa, Or and Id long term coupla times. Let me check the R.C.W. for the exact wording to your particulars. At point, I'd leave room for at least the arrest in that even if arguable, is probably at least legal in their eyes for now. Like I said, I'll check.

    As for what you almost asked, No you won't go to jail.

    Wa goes by a point matrix dependent on sevarety (catagory range),conviction count, and any min's if applicable. For what you should/if guilty be charged with would/should result in MAX of 0-90 days, FELONY prob, remorse, etc.

    Here's the prob. Wa state law requires in 1st degree theft that the property be in excess of $300.00 Second deg. I could argue it, but I can see how they could go there.

    If you're correct, yea you were wrong for doing things that way, but then again, welcome to Spokane! But... I can also see our finest... go there too when somebody cries instead of listening to us tell the world (As youn did) yea, I $*%$'d up I'm sorry.)

    My E-mail is:
    policetac@yahoo.com

    No I am not a cop. (I get that all the time) I am also not a lawyer.
    I am however here in Spokane, I have a computer, a big interest in law, the courthouse right down the street,and I know how touse them!!! lol

    Give me a private after you post to this and I'll see if I can't help you out.

    See ya on the Weeesssiiidddee!
    policetac@yahoo.com

  5. #5
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Pawning a borrowed bike as trafficking stolen property?

    The person I am accused of tampering with is my cousin. I was wondering how I could be charged with tampering when she wasn't a witness and I honestly didn't think that she would be a future witness. I thought that after the cops talked to me and heard the whole story, they would realize that I didn't steal her bike and that I wasn't trying to sell her property. The truth is , I got a small loan on the bike and when I got paid, I attempted to pay off the loan and redeem the bike. I was unable to do this because the detective looking into the case put a hold on the bike. The pawnbroker even gave me a piece of paper saying that I did indeed try to pay off the loan, but he was unable to release the bike to me.
    Also, if my goal was to obtain money by trafficking in stolen property, I would have just sold the bike or pawned it for the maximum amount that they offered me.
    Again, I have no criminal history and I haven't ever been arrested for anything.
    On a seperate note, how easy/difficult is it for the prosecution to get a conviction for witness tampering when it's one person's word against the other's? My cousin didn't save the message I left asking her to drop the charges , she simply told them that I had called her asking her to drop the charges. I fully intend on taking the tampering charge to trial. I am the farthest thing from a thug-ish bully that tried to "compell her to give false testimony". In fact, she filed a no-contact order against me after the prosecution originally chose not to arrest or charge me, and at the no-contact order hearing she admitted to the judge that I have never threatened her and that I am not a violent person. The judge denied her request for the order.
    Lastly, I am still wondering if anybody knows if I did indeed commit the crimes of first degree theft and trafficking in stolen property in the first degree. I am not saying that I did nothing wrong - I know that I was pretty underhanded about the whole thing. But she DID voluntarily loan me the bike (I didn't steal it) for an open-ended period of time and I DID NOT sell her bike or even pawn it for the full amount. Also, like I said, I went back to the pawn shop to redeem her bike. Is what I did illegal? Is it first degree? It just seems ridiculous that I am being treated no different than a person who breaks into people's garages, steals their stuff and then sells it for drug money.
    Lastly, I would like to thank you all for your comments and advice. I really do appreciate it, as I am quite scared and frustrated by this entire thing.
    Thank you all.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pawning a borrowed bike as trafficking stolen property?

    Maybe I wasn't emphatic enough: You need a lawyer.

  7. #7
    Join Date
    Dec 2006
    Posts
    2

    Default Re: Pawning a borrowed bike as trafficking stolen property?

    Hi Bubba - It sounds like what you did was known as conversion. In some states this is a crime, punishable by fine and/or imprisonment.

    As you did not get the right to pawn the bike, but only the right to use it to get to work and back, you exceeded the use give to you. Thus, the conversion is your fault and responsibility.

    If I were in your shoes, and the original bike I borrowed was no longer available to return to the rightful owner, I would consider getting a good quality similar or duplicate replacement bike to give back to the person who nicely loaned you their bike.

    In addition, the person who loaned you their bike, has been deprived of the use of their bike for a certain amount of time. There for, some additional compensation to the bike owner may be in order. This is not legal advice, nor should it be considered such. It is not the intention of the sender to give legal advice. If you need legal advice, contact a lawyer.

    If you satisfy the bike owner, the DA will unlikely proceed against you. And even if they do, when it comes to court, if the person who was the original owner has been satisfied, they will likely not testify against you or at worst, testify that they have been made hole again by your subsequent actions.

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