Legal Question in Criminal Law in Texas

hired to pick up a load of appliances but they were stolen he did not tell me that the court think i should have known but i did not know


Asked on 10/13/11, 1:11 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You need to hire a lawyer. It sounds like you are just the ride, not the person engaged in buying or selling the property. Under the theft code, there is a presumption with regard to stolen property that states:

(3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements.

If you were simply the delivery guy - paid to pick up and deliver the appliances - then the presumption does not apply to you and you may well be able to get a dismissal or a grand jury no-bill (depending on a lot more factors than are shared here.) BUT, you need a lawyer.

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Answered on 10/13/11, 6:55 pm


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