Legal Question in Criminal Law in California

receiving stolen property

my daughter age 20, no record this is a first offense.

she lives with loser that does'nt work. make small money by stealing and selling laptops, ipods,

what ever he gets. then sells it.

cops came to their house while knocking on the front door he bolted out a back window unseen.

my daugther and a friend pretended to be asleep in the living room never answered the cops theats of prison if someone is home and not opening the door. then thru 2 windows they just came in. they had found inside the house several items that matched items on a list they had. cops then announce they are sending a officer to go get a warrant. a $600.00 purse that my daughter was using [her i.d card and other personal item were found in the purse] is arrested and take to jail. bail was $20,000

charged with r. s. property.

any advice will help, is the search legal without the warrant first?

why havent the come back to charge the career idiot boyfriend? what kind of sentence would be just for her? it is a felony charge.

thank you very much for any help

antonio


Asked on 7/08/07, 11:22 am

3 Answers from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: receiving stolen property

If your daughter has no involvement in her boyfriend's scheme, no sentence is justified. If she is not guilty, she should not say she is. As far as the search is concerned, you have not provided enough facts to evaluate the propriety of the search. Attacking an unlawful search or even one pursuant to a warrant requires careful analysis by an experienced criminal defense lawyer. There is an extensive body of law regarding Fourth Amendment violations that determine whether or not the entrance and search and ultimate seizure were lawful. If your daughter has no involvement, you need to pay whatever it takes to hire an experienced criminal defense lawyer to fight for her.

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Answered on 7/08/07, 11:34 am
Terry A. Nelson Nelson & Lawless

Re: receiving stolen property

Advice: get her counsel if she doesn't like the taste of prison food. Any other 'tips and hints' you might get from the internet are going to help her how? Waive a printout at the judge? She needs legal help; she and her attorney can figure out her best defenses and strategy to minimize the damage here.

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Answered on 7/09/07, 4:02 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: receiving stolen property

Depending upon the facts, the police may be able to justify entering without a warrant. Such entry might have been proper, for example, if the police knew someone was inside since the fact that no one came to the door would suggest there might be a medical emergency inside.

Whether the police acted properly will depend upon a great many facts you have not provided and will require significant legal research and analysis. If your daughter has been charged then she needs a lawyer ASAP. If you can't afford to hire one for her, she should get a public defender. This is a very serious mater that you and she need to act accordingly.

Good luck.

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Answered on 7/08/07, 5:16 pm


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