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sunny1990 · Jan 21, 2011, 02:36 AM

Hey there, I know there are a lot of threads on stolen property and the possession of stolen property but id still like to clarify a few things

Here's my story:

My best friend (not after this incident)came to me with a pretty nice camera, I'm going to say it was worth around 1300$ and told me her brother didn't use it anymore and she was wondering if I could help her sell it on kijiji since I have a blackberry and therefore get the emails directly to my phone and can answer them quicker. I agreed, like I said she was my best friend I didn't even think twice about where the camera was from or who it belonged to. We had joked around about the "cut" I would get because I had helped her, I asked for 80% she said 40% etc. so I got a fast response fromo a woman who was interested and I had met up with her and my friend at a parking lot. It turns out that the camera was stolen property, my friend had stolen it from her previous workplace. I got arrested for possession of stolen property, my car got impounded and I was taken to the station where a spent the night tlking to a detective and in a cell. I'm 20 years old, the only other time I have ever been involved with the police was for a traffic violation, and that's not on my record. I'm in university and the most amusing part of this entire situation is that I'm looking into becoming a police officer.

Right now I'm facing charges for possession of stolen property contrary to the criminal code.

I'm not sure what to do. And I don't know if she told the truth, I'm afraid it will be my word against hers.

Also, I'm not sure if this matters but when I found out the camera was stolen I did cry, but when I heard the entire story I stopped.

What should I tell the crown attorney, am I supposed to bring some sort of witness or something to court? I told a few friends I was helping her sell her brothers camera, as well as my family...

Please help!
Sincerely -
Super confused

tickle · Jan 21, 2011, 07:15 AM

Pick a friend as a witness to take with you, and get a lawyer, you will need one.

I hope you gave her name to the police when they questioned you; with her name and address. It you didn't do that, then it will not be in your best interests to hold anything back because 'you don't want to get anyone in trouble'. You are in trouble.

Tick

AK lawyer · Jan 21, 2011, 08:22 AM

Originally Posted by sunny1990

... what should i tell the crown attorney, am i supposed to bring some sort of witness or something to court? ...

You shouldn't tell the prosecutor anything; your lawyer should. So, first thing you need to do is get a lawyer. Don't talk to the police at all any more until you have done so. Take it from there.

sunny1990 · Jan 21, 2011, 10:19 AM

So because I was already interviewed, I'm probably not going to get off lightly? No diversion?

sunny1990 · Jan 21, 2011, 10:20 AM

So because I was already interviewed I probably wnt get diversion?

excon · Jan 21, 2011, 10:26 AM

Hello s:

In order to be guilty of a criminal act, you need to have "mens rea", or a guilty mind. If you honestly didn't know the camera was stolen, then you're NOT GUILTY of a criminal act.

If that's the case, then no matter WHAT you've told them, you're STILL not guilty. Now, I don't know if that's the case or not... Asking for a "cut" of 80% looks to me, like you knew it was stolen... But, I don't know what went on in your head...

excon

AK lawyer · Jan 21, 2011, 10:46 AM

Originally Posted by excon

...

In order to be guilty of a criminal act, you need to have "mens rea", or a guilty mind. ...

Intention to do some act that happens to be illegal; intention to break the law is not required. In this case, the mens rea would be the intent to possess stolen property. In order to be guilty, you would have to had known it was stolen property.

sunny1990 · Jan 21, 2011, 11:04 AM

The only reason I had asked for a cut was because I had helped her put it up on kijiji and was the one dealing with the annoying emails. But thank you so much for your help. One more question, should I get a lawyer. I know everyone's answer is always

sunny1990 · Jan 21, 2011, 11:04 AM

YES you should, but I'm a student. In my first year of university, and my parents are engraged and refuse to pay for one.

excon · Jan 21, 2011, 11:10 AM

Hello again, s:

If you use the ANSWER option instead of the COMMENT option, you'll have all the room you need to talk to us...

A reasonable commission for your troubles would be reimbursement of your out of pocket expenses and maybe 15%.

I don't know what's worse - washing dishes every night for 5 years to pay for your lawyer, or having a criminal record for the rest of your life... That's your call.

excon

sunny1990 · Jan 21, 2011, 02:54 PM

Yes sorry I was so flustered I just typed in the first box I saw. Thank you for your honest answer, I really should have not said anything at all. I just got nervous, and was talking really fast etc.

I have another question,
My mothers car was impounded during the whole process, and when they (my parents) went to get it, my cellphone, and the girl who was in the car with me cellphone is missing.
Did they take them as evidence? If so, am I supposed to be informed that my items were confiscated?

excon · Jan 21, 2011, 03:31 PM

Hello again, s:

In the US they'd have to give you a receipt.. I don't know about Canada, but I don't know why not.

excon

tickle · Jan 21, 2011, 03:34 PM

Originally Posted by sunny1990

yes sorry i was so flustered i just typed in the first box i saw. thank you for your honest answer, i really should have not said anything at all. I just got nervous, and was talking really fast etc.

i have another question,
my mothers car was impounded during the whole process, and when they (my parents) went to get it, my cellphone, and the girl who was in the car with me cellphone is missing.
did they take them as evidence? if so, am i supposed to be informed that my items were confiscated?

Confused, we are not stupid regarding these issues. What have your parents got to do with this, and the girl in the car with the cellphone. If I am understanding this right, the cops have every right to confiscate whatever they want to get to the bottom of this issue.

Police don't impound a vehicle without just cause.

Get a lawyer.

Tick, from a Canadian perspective.

sunny1990 · Jan 21, 2011, 03:46 PM

I never intended to make it seem like you were stupid. The girl who was with me in the was the ne who has stolen the camera. They impounded my vehicle because we were both arrested.

excon · Jan 21, 2011, 05:43 PM

Hello again, s:

They don't impound cars because of stolen property...

excon

sunny1990 · Jan 21, 2011, 06:01 PM

That's what they told me, I went to meet up with the seller who was the undercover cop, and when we both got arrested my car had its fourways on in front of a movie theatre. The officer told me they had to tow it and impound it because they couldn't leave it there. I asked, well more like begged them to let me call my parents to get it, but they refused, searched the car, and towed it.

sunny1990 · Jan 21, 2011, 06:02 PM

**sorry I went to meet up with the **buyer who was the undercover cop