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  1. #1

    Default Possession of Property That You Don't Know is Stolen

    My question involves criminal law for the state of: New York

    Hi! quick question; if you possessed property which turns out later to be stolen( but did not have reason to believe it was stolen at the time) but no longer possess that property, are you guilty of possession of stolen property in this state? someone told me it had to be in the present..thank you!

  2. #2
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Possession of Stolen Property No Longer Possessed

    The DA would need a physical item in their hand in order to successfully prosecute a case with a guilty verdict.

    That's not unless you left a paper trail like on eBay or Craigslist, or if they can tie you to the theft of the product.

  3. #3
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    Sep 2010
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    Default Re: Possession of Stolen Property No Longer Possessed

    Quote Quoting Who'sThatGuy
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    The DA would need a physical item in their hand in order to successfully prosecute a case with a guilty verdict.
    I have no idea why you think that that would be necessary.

    The question is whether they can show you knew or should have known that the item was stolen at the time you possessed it and deprived it from the rightful owner.

  4. #4
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    Default Re: Possession of Stolen Property No Longer Possessed

    Quote Quoting flyingron
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    I have no idea why you think that that would be necessary.


    The question is whether they can show you knew or should have known that the item was stolen at the time you possessed it and deprived it from the rightful owner.
    How would the DA know if it was stolen and if it was the right item that the OP had? Assuming that there isn't a paper trail.

  5. #5
    Join Date
    Oct 2014
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    8,238

    Default Re: Possession of Stolen Property No Longer Possessed

    Quote Quoting Who'sThatGuy
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    How would the DA know if it was stolen and if it was the right item that the OP had? Assuming that there isn't a paper trail.
    There would have to be evidence of it, of course, but a “paper trail” is not the only evidence that would suffice. For example, the testimony of the person to whom the OP sold or gave the stolen item may be enough to establish that the OP had possessed it.

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