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  1. #1
    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!

  2. #2
    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.

  3. #3
    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

  4. #4
    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.

  5. #5
    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.

  6. #6
    Join Date
    Nov 2006
    Location
    Washington State
    Posts
    63

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

    RCW 9.38.020
    False representation concerning title.

    Every person who shall maliciously or fraudulently execute or file for record any instrument, or put forward any claim, by which the right or title of another to any real or personal property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.


    [2000 c 250 § 9A-821; 1909 c 249 § 369; RRS § 2621.]


    Notes:
    Effective date -- 2000 c 250: See RCW 62A.9A-701.
    __________________________________________________ _____________

    RCW 10.58.060
    Ownership — Proof of.

    In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on trial that at the time when such offense was committed, either the actual or constructive possession, or the general or special property in the whole, or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.


    [Code 1881 § 963; 1854 p 99 § 133; RRS § 2156.]


    Notes:
    Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056.

    __________________________________________________ ___________

    RCW 9A.56.020
    Theft — Definition, defense.

    (1) "Theft" means:

    (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

    (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

    (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

    (2) In any prosecution for theft, it shall be a sufficient defense that:

    (a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or

    (b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.


    [2004 c 122 § 1; 1975-'76 2nd ex.s. c 38 § 9; 1975 1st ex.s. c 260 § 9A.56.020.]


    Notes:
    Effective date -- Severability -- 1975-'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

    Civil action for shoplifting by adults, minors: RCW 4.24.230.



    __________________________________________________ ___________

    RCW 9A.56.030
    Theft in the first degree — Other than firearm.

    (1) A person is guilty of theft in the first degree if he or she commits theft of:

    (a) Property or services which exceed(s) one thousand five hundred dollars in value other than a firearm as defined in RCW 9.41.010;

    (b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another; or

    (c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty.

    (2) Theft in the first degree is a class B felony.


    [2005 c 212 § 2; 1995 c 129 § 11 (Initiative Measure No. 159); 1975 1st ex.s. c 260 § 9A.56.030.]


    Notes:
    Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.

    __________________________________________________ ____________

    RCW 9A.56.040
    Theft in the second degree — Other than firearm.

    (1) A person is guilty of theft in the second degree if he or she commits theft of:

    (a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or

    (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

    (c) An access device; or

    (d) A motor vehicle, of a value less than one thousand five hundred dollars.

    (2) Theft in the second degree is a class C felony.


    [1995 c 129 § 12 (Initiative Measure No. 159); 1994 sp.s. c 7 § 433; 1987 c 140 § 2; 1982 1st ex.s. c 47 § 15; 1975 1st ex.s. c 260 § 9A.56.040.]

    __________________________________________________ _____________
    RCW 9A.56.050
    Theft in the third degree.

    (1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

    (2) Theft in the third degree is a gross misdemeanor.


    [1998 c 236 § 4; 1975 1st ex.s. c 260 § 9A.56.050.]


    Notes:
    Civil action for shoplifting by adults, minors: RCW 4.24.230.
    __________________________________________________ _____________

    RCW 9A.56.140
    Possessing stolen property — Definition — Presumption.

    (1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

    (2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.

    (3) When a person has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.

    (4) The presumption in subsection (3) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen.

    (5) In any prosecution for possessing stolen property, it is a sufficient defense that the property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.


    [2004 c 122 § 2; 1998 c 236 § 3; 1987 c 140 § 3; 1975 1st ex.s. c 260 § 9A.56.140.]
    __________________________________________________ _______________

    RCW 9A.56.150
    Possessing stolen property in the first degree — Other than firearm.

    (1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds one thousand five hundred dollars in value.

    (2) Possessing stolen property in the first degree is a class B felony.


    [1995 c 129 § 14 (Initiative Measure No. 159); 1975 1st ex.s. c 260 § 9A.56.150.]


    Notes:
    Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.
    __________________________________________________ ____________

    RCW 9A.56.160
    Possessing stolen property in the second degree — Other than firearm.

    (1) A person is guilty of possessing stolen property in the second degree if:

    (a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

    (b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

    (c) He or she possesses a stolen access device; or

    (d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.

    (2) Possessing stolen property in the second degree is a class C felony.


    [1995 c 129 § 15 (Initiative Measure No. 159); 1994 sp.s. c 7 § 434; 1987 c 140 § 4; 1975 1st ex.s. c 260 § 9A.56.160.]


    Notes:
    Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.

    Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.


    __________________________________________________ ____________

    RCW 9A.56.170
    Possessing stolen property in the third degree.

    (1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen property which does not exceed two hundred fifty dollars in value, or (b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.

    (2) Possessing stolen property in the third degree is a gross misdemeanor.


    [1998 c 236 § 2; 1975 1st ex.s. c 260 § 9A.56.170.]
    __________________________________________________ ___________

    Like the guy said, GET A LAWYER! Yea, you'll probably get a Pub. Def. they're not all bad. If you do actually have a case, they can and will do something. Sometimes they just need a little prodding. Now, true, some of them won't fight even if you have a case. The reason usually for this is because they have huge caseloads and even if you might have a case that makes sence in your head, and could possibly even be fought in court, they seem to usually look at the general proceedure that led to the arrest, the basics of the case, the time and/or cost of investigation, paralegal time, (for research), etc.
    Usually, at a glance, these folks can tell if your's is a case that meets all of the usual requirements for a pub def to spend the taxpayers money researching, and fighting a case.
    No, it is not true that just because an attorney will not fight it that you can just get another pub def who will. In some cases, you can request a re-assignment of counsel for what you may see as a potential appeal on "Inneffective Assistance of Counsel", or a "Conflict of Interest", but if granted, it's gonna probably be a "One time deal" sort of thing. At that time, play close attention to what the second lawyer says. If he says the same thing, well, that's why they pay him the big bucks!! lol
    If then you still feel you have a beatible case, then you need to find an attorney on your own. Pay his investigation fees, his paralegals research fees, his time, his consults with opposing counsel, court time, any filing fees if applicible, his hourly rate, and if he has to call in favors........, Well, you get the picture.
    Like I said, I'm in town. E-mail me at my spot at yahoo, and we can talk, but all this should give you a few more answers.

    No I am not a cop, nor am I an attorney.

    policetac@yahoo.com

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