Legal Question in Criminal Law in New York

Criminal Possesion of Stolen Property

I sold this item on eBay to what ended up being a Detective for the State Police. I then sent it thought UPS to the address given and was later arrested.

My questions would be that if the item was sent through the mail, does that make me still in possession since at the time of arrest I no longer had the item in my possession.

I also have a conflict of interest with DA since one of them is part of the case, so their taking a DA from another county to try the case. I think that any DA will be bad for me since all DA's are in political friendship.

The only offer I have been given is 6 months in jail and a stiff fine. This would be my first criminal offense, since my high school trouble was all YO status.

Please respond with information and/or guidance. I have one attorney now but would be willing to get another if you can somehow decrease the offer.


Asked on 4/06/03, 11:40 am

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Criminal Possesion of Stolen Property

You may have to try the case, or threaten to try the case if you want a different offer. A six month jail sentence does seem harsh for a first offender. Different jursidictions often have very different approaches to similar matters.

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Answered on 4/07/03, 9:41 am
Robert Evans Robert S. Evans esq.

Re: Criminal Possesion of Stolen Property

It is not very ethical to take a case from a preexisting attorney ,however if your not satisfied with the representation you are receiving you have the right to discharge your attorney and hire a replacement. Please bear in mind no attorney can guarantee a result. Should you decide to replace your attorney feel free to contact me @718-834-0087

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Answered on 4/06/03, 1:14 pm


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