Legal Question in Criminal Law in California
My friend was arrested and charged with possession of known stolen property less than $400. Police came to their house because someone called because of a disturbance going on. Police have been to their house on other occasions. Argument was over then. Police noticed new furniture and asked where it came from. The legal tenant said it came from her daughter's boyfriend. They took pictures and said it matched reported stolen property. The furniture came from a mutual friend of both the legal tenant and the daughter's boyfriend. The property was returned and then police arrested the tenant's daughter's boyfriend of the crime. He already has two strikes. At arraignment he plead not guilty. Police took statements from all where there had just been an argument and people were riled up. Actual story was that owner of furniture asked the legal tenant if she wanted the furniture and she said yes. All available people living in the house helped move it in including the boyfriend. He did not steal it. The mom and the friend who reported it stolen had a misunderstanding. How do you document their corrected statements so they will be accepted by the court at his upcoming hearing so that charges can be dismissed?
1 Answer from Attorneys
Your friend's attorney needs to interview the owner of the furniture, and then provide a witness statement to the District Attorney pursuant to the rules of discovery for criminal cases.
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Hi I apologize in advance for the long post but any help would be greatly... Asked 5/29/13, 5:36 pm in United States California Criminal Law