Legal Question in Criminal Law in California

Can I be charged / arrested for a crime without evidence?

California's penal code 496(a) seems to state that one would be guilty if one was had knowledge that the property purchased / received was stolen. If the person charged had no knowledge of the property being stolen, and the prosecution / police has no evidence of my knowledge of it being stolen, can they still charge me with that crime? If so, will I be required to stay in jail (assuming I don't have the funds to post the bail) until the court date? Is there a limitation on how long they can hold me in jail until the court date?

Also, the items in my possessions were NOT stolen items (and I can prove that).


Asked on 2/03/04, 7:27 pm

1 Answer from Attorneys
George Woodworth Law Office of George Woodworth & Associates

Re: Can I be charged / arrested for a crime without evidence?

Unfortunately, many RSP (receiving stolen property) cases are based on circumstantial evidence (how it looks bad for you in the specific situation you were caught in by the cops)and can be prosecuted without any direct evidence. Further, you can be held in jail until you post a reasonable bail, but the GOOD news for you is that if you can prove that the items were NOT stolen, then you will not be convicted. Call me at (562) 929-7422 to discuss.

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Answered on 2/03/04, 8:03 pm


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