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dasrob · Jan 9, 2011, 07:53 AM

I bought a few guitars from a fellow I knew about a year ago. Turns out they were stolen-- I did not know this. I re-sold the guitars to a legitimate music store. Recently, I was arrested for possession of stolen property ($1800 worth). I have no priors, and was released on r.o.r.. I have a court date on Jan. 11 2011.. will the court re-arrest me at my hearing?? I'm so worried.. I have never done anything illegal-- on this level.. I don't even have a parking ticket... The person who sold guitars is in prison-- currently-- for a twelve year bit (THANK GOD). Please, any help an/or advice would be greatly appreciated.
Rjn

ScottGem · Jan 9, 2011, 07:57 AM

Why would you think they would rearrest you. As long as you show up for your hearings there is no reason to rearrest.

However, if you are convicted at the end of the trial, you may or may not be immediately sentenced. You may or may not be remanded to jail immediately. No way to tell for sure.

dasrob · Jan 9, 2011, 08:05 AM

.. Thanks for the response. My public defender told me there would not be any jail time in this particular case. He went on to state that the felony charge will be either wiped clean, or pleaded down to a misdemeanor. The worst would be restitution or probation if I cannot pay the full sum of the money/damages due.

ScottGem · Jan 9, 2011, 08:09 AM

Sounds reasonable.

joypulv · Jan 9, 2011, 09:27 AM

Question for experts: receiving stolen goods not knowing they were stolen is not even a misdemeanor, right?
It seems reasonable that reselling them makes one liable, but OP was arrested for possessing them, not selling them, so does he have a case for dropping the charges on a technicality?

excon · Jan 9, 2011, 09:38 AM

Originally Posted by dasrob

I re-sold the the guitars to a legitimate music store. Recently, I was arrested for possession of stolen property ($1800 worth).

Originally Posted by joypulv

but OP was arrested for possessing them, not selling them, so does he have a case for dropping the charges on a technicality?

Hello joy:

Possession is just the name of the charge...

You call into question whether the defendant had "mens rea", or a guilty mind that accompanies a forbidden act. If the circumstances of the purchase would have put the ordinary person on notice that the goods MIGHT have been stolen, but bought them anyway, he's guilty...

Nobody can look into the mind of the defendant - only what he did... If the OP isn't guilty, then he shouldn't be considering a plea bargain... The fact that he is, is indicative of guilt, to me.

excon

JudyKayTee · Jan 9, 2011, 09:53 AM

Originally Posted by joypulv

Question for experts: receiving stolen goods not knowing they were stolen is not even a misdemeanor, right?
It seems reasonable that reselling them makes one liable, but OP was arrested for possessing them, not selling them, so does he have a case for dropping the charges on a technicality?

You are confusing "reason" with the law and they are two VERY different things. Agree with excon - this goes back to whether a reasonable/prudent person would or should have known the merchandise was stolen. That's for the DA to prove and the defense Attorney to argue.

Without knowing the exact circumstances it is difficult to say. OP does state that he has never done anything illegal "on this level" which makes me believe there is something else involved here.

And I also agree - if an Attorney is involved why a guilty plea?

joypulv · Jan 9, 2011, 09:54 AM

I read his question and tend to believe he didn't know, so that's the only reason I suggested the technicality. When I was 19 I was duped into a sublet from someone who I didn't know was being evicted.
I also believe that he's scared and believes he has no choice.
As you say though, he's the only one who knows.

JudyKayTee · Jan 9, 2011, 09:57 AM

I don't think you can read into questions on the legal board and have to base answers on what has been posted. Yes, I believe he's scared. I'm just not so sure that he didn't know the guitars were stolen.

We obviously have different experiences with these types of cases, and that's what makes AMHD work. OP gets advice from a broader base.

ScottGem · Jan 9, 2011, 10:25 AM

We don't know what type of case the DA has. Nor did the OP ask how to get out of this charge. So discussing the merits of the DA's case is really out of our scope. So unless the OP comes back with more there is no need for further discussion.

Fr_Chuck · Jan 9, 2011, 11:53 AM

It will b at least a misdemeanor, but with it being over 1800 worth of goods, it is very possible to be a felony, you should know sinde you were charged with the crime. They either charged you with a felony or a misdemeanor?? There is not enough option.

And of course they don't know that you did not know, so they may try to show you knowing, or even possiblly the person who stole them. So the issue here is how good your attorney is, to prove you had no knowledge and what evidence do the others have.

Next they do not "re=arrest" you, but if convicted, and if sentenced to jail, they may take you back into custody at that time.