Legal Question in Criminal Law in California

I received property as payment from a person I know, not knowing it was stolen. I was arrested for felony receiving stolen property upon trying to sell the property through a popular community classified resource(craigslist). I know that the prosecution has to prove that I knew the property was stolen,which I did not. The only evidence they have of this is that I would not disclose the person's name from which I received the property. I cannot afford an attorney and my public defender whom I talked to for five minutes before my PT seems at best, new to the profession. What can I bring up to him to help my case, assuming that I still will not disclose the aforementioned persons name? Also, they kept my cellphone as evidence. How far back can they go within my phone history?


Asked on 9/16/09, 6:17 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You are withholding the most important piece of evidence in your case from your lawyer, so I'm not sure what else you can do. Public defenders tend to have very large caseloads, so they have to use their time wisely. Since you refuse to provide the details of what happened, your PD probably felt there was little point in continuing the conversation.

The District Attorney can prove you knew the property was stolen through circumstantial evidence. Since somebody recognized the stuff on Craigslist, I'm assuming that it had a pretty substantial value and was unique in some way -- for instance, had serial numbers. It was probably stolen recently; it looks worse if there were multiple items, all stolen and listed around the same time.

At this point, your defense is "I received the stolen property from some other unidentified person as payment, which got me charged with a crime, but I'm still going to protect this person." If the District Attorney introduces statements you made to the police as evidence, your attorney may be able to get the explanation in front of a jury as part of the same statement; otherwise, you will probably have to testify.

Of course, I'm filling in some details with guesswork, and you shouldn't post a lot of detail on a public site like Avvo where it's visible to the prosecution and the police.

Your attorney is in the best position to know what you can do to help. If you refuse to identify the person who gave you the stolen property, you are choosing to limit your attorney's ability to effectively defend you.

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Answered on 9/16/09, 11:12 am


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