Legal Question in Criminal Law in California
Rcv. Stolen Property
I am a body shop owner being accused of ''Running a Chop Shop'' & ''Rcv. Stolen Peoperty''. How can the DA file these charges? It doesn't make any sense. Maybe someone can help? Customer brought vehicle in & requested I take out the engine, seats, etc. I agreed upon presentation of regisration for proof of ownership. I informed customer a $500 fee would be charged for labor. Customer authorized me to sell engine of this vehicle to collect this $500 debt. Customer never returned, instead, police detectives came in asking lots of questions in which I answered honestly to the best of my knowledge. I told them customer never came back after he dropped off vehicle but I still had all the parts taken off except engine. I sold the engine and issued a receipt for the $500 sale. When asked who purchased the engine, I showed them the receipt and gave them the remaining parts. The owner reported the vehicle stolen to insurance & now I'm facing charges for running a chop shop & rcv. stolen property. How is this possible? I followed all proper procedures & had no way of knowing what my customer's intentions were. I had never even met this man, how am I to know what he's got planned?
4 Answers from Attorneys
Re: Rcv. Stolen Property
Thank you very much for your question. To answer your question directly "how can the DA file these charges", if the DA follows the law, they have to believe that a crime was committed, based upon a police report, after investigation.
It's the duty of the defense to bring evidence, including witness declarations and testimony, to the prosecutor, to show them that the crime alleged can't easily be proven, or was mischarged, and that's where a defense attorney comes in.
I hope this answers your question, and I feel for you in this situation. If you need specific legal advice, or have additional questions, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.
Re: Rcv. Stolen Property
How? By the police and DA deciding you're guilty. You're asking the wrong questions. You are sounding 'outraged', but you need to be 'scared' into getting effective counsel and defend the charges. Your attorney will use whatever facts and evidence available. Feel free to contact me if serious about doing so and can't find more local counsel.
Re: Rcv. Stolen Property
San Bernardino County? The DA can file
"if" based on the police reports they believe a crime has been committed. SB has an anti car theft unit??? and you need to be obtaining counsel asap.
Best
DJM
Re: Rcv. Stolen Property
It would seem, at least to the police and/or the DA, that some part of your story or documentation doesnt add up. Either with respect to selling the engine (perhaps they beleive selling it way below market price), or some statments that you made to the police that are inconsistent.
Either way, you should consult with an attorney ASAP about the details of your case, including the documentation involved, your statments and other legal issues.
Contact me to discuss your matter if you so wish.
www.berlinfirm.com
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