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

