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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Hearsay Probation Violation

    My question involves criminal law for the state of: florida, my friends were just recently arrested on stolen property ect today before that they asked my girl if they could keep some phones stuff here cuz there moving so were like yea then today one friend comes over and says i need to get the phones there stolen she says my name wasnt mentioned but if it was can my po violate me 4 that i wasnt questioned or nething i didnt even kno

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Here Say Probation Violation

    If you had no idea they were stolen than no you can't get into trouble. However there are seperate stipulations about associating with criminals while on probation.

    The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.

    The receiver of stolen property could be arrested or convicted if he or she knew the goods were stolen at the moment of receipt and was intending to aid the thief.

    Based upon to Florida Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or receiveed…” or if a person “conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.”

    Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida. $399 and under is a mis. and $400 and over is a felony.

  3. #3
    Join Date
    Jul 2008
    Posts
    471

    Default Re: Hearsay Probation Violation

    "An officer can present hearsay evidence without producing a witness at a probation violation hearing, the 9th Circuit Court of Appeals decided"

    This is why a true 'soldier' would rather do time then probation. You are in jail, you just don't realize it.

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