From In-Portal Developers Guide

Legal Defenses to Penal Code 496 - Receiving Stolen Property in California

Receiving stolen property is illegal and is also typically thought as someone purchasing or obtaining having items that happen to be stolen by another individual. This is not to be mistaken with all the actual theft of the items, but alternatively simply receiving them. It may be very difficult for someone who is charged with this crime, as much folks are unaware that they are receiving or buying stolen goods. However, defending electric power charge of receiving stolen property in California may be possible, if it's proven that it was unknown at the time of purchase or change in ownership that the individual was unaware that the items or goods were stolen.

Defending Receiving Stolen Property cases

As pointed out, the most common defense of receiving stolen rentals are the receiver was not aware of the ownership products. The prosecution should have significant evidence, that's, evidence beyond a good doubt, that the accused was conscious of the goods were stolen, or it should be reasonably certain that the accused needs to have known how the items were stolen. As an example, when someone purchases jewelry from your back of the van within a dark alley somewhere, this may be sufficient evidence they were aware those things were stolen. The reason is since the majority of individuals would naturally assume that something shady was happening depending on the situation and circumstances under which the jewelry was purchased.

However, in certain cases, you are able to prove that the individual accused has not been conscious these were purchasing stolen items. As an example, if the individual walked into a pawn shop and bought a diamond necklace, the lawyer could reasonably believe that the person trusted the pawn shop to own items on the market which were legally obtained which the charge can be more suitably suited to the pawn shop owner compared to individual that unknowingly made a pay for the store then found himself defending a stolen property charge.

A different way to defend the power over receiving stolen rentals are to show an intoxication defense. If an individual purchased or received items when they were too intoxicated to consider the problem closely, they've already reason behind the costs to be dismissed, because they were not intentionally purchasing or obtaining stolen items. This must be which may the judge, though, in order for the accused to have charges dropped against them. One thing legal counsel can do is glance at the police report and the situation which occurred in the arrest of the individual accused. Clues may be gained out of this information that would help the defense.

Like theft cases, the seriousness of the punishment can frequently depend upon the price of those things that were stolen. The crime might be a misdemeanor or even a felony determined by that value. Even people who take objects they are fully aware are stolen with the idea planned of turning them in to the police for the reward might be vulnerable to being charged with obtaining stolen property.

Individuals who have been accused of Penal Code 496, or receiving stolen property, in Rancho Cucamonga or Ontario, should contact legendarybailbonds Criminal Defense Attorneys right away to begin planning for a strategic defense to prove that they were either unaware those things were stolen or that they were too intoxicated to evaluate your situation properly.