Legal Question in Criminal Law in New York

Re: caught in the middle

Unfortunately, you need a lawyer. I suspect that there will be a

way to demonstrate that you had no knowledge that the vehicle was stolen, but this has to be handled properly.

This is not the type of situation that can be easily addressed by e-mail. You are welcome to telephone me for a free

consultation, or contact a criminal attorney in your area.

Re: caught in the middle

Mr. Conti has given you good advice. Take it. As owner of the property where the car was located, you had constructive possession of the car. Possession of stolen property requires knowledge that the car was stolen. There are ways that a prosecutor can prove this by circumstantial evidence. Your lack of knowledge is a defense but must be properly presented. See a lawyer.

Re: caught in the middle

The crime of criminal possession of stolen property in New York requires that the person has the required intent to commit the crime. Intent in this case amounts to whether or not you knew or should have known that the car was stolen. Your lack of knowledge could serve as a defense. While it can be argued that you constructively possessed the car, as a consequence of the car being on your property, if I were you I'd try to get a statement from the prior owner's son, in writing or on tape, that demonstrates his dominion and control over the car. For example, does he have the keys, registration or other documents which demonstrate an interest in the vehicle. Such a statement may be of help to show that he and not you owned the car. Hire an attorney and build a defense, now.