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Paul
Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience:  Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
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Ex boyfriend stoled a DVD player and fled police. My daughter

Customer Question

Ex boyfriend stoled a DVD player and fled police. My daughter is being charged with receiving stolen property and criminal intent. She is 22 and he is 32.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Len replied 5 years ago.

Can I get some more information?

 

1. Did she know the DVD was stolen?

 

2. How did the police find out about the DVD in her possession?

 

3. What did she do with it?

 

4. Has she been arraigned in court?

 

5. Was she appointed an attorney?

 

Thanks,

 

Len

 

Customer: replied 5 years ago.

1. NO

2. The guy said, his Mom bought it for him because he told her he was bought an apartment and he asked my daughter to exchange it for a portable one. So believein him because it did not make sense that yhou can steal something so bif.

So she was walking with it and handed it back to him and he took to different entrance and she asked where he was going and he moved the car because he had a spare key according to hiim. The Security came and he ran after the Security grabbed the player and he yelled to my daughter run, run and she said , why should I run. .

3. She did not do anything because he told her it was his from his Mom.

4. no - set for 2/24/09 - first hearing at DJ - is this arraigned in court action?

5. no

 

Expert:  Paul replied 5 years ago.
DearCustomer

It sounds as if your daughter has been charged with Knowingly Concealing Stolen Property. In order to be guilty of this crime, a person must not only receive stolen property but also must know OR HAVE REASON TO KNOW that the property was stolen when they received it.

According to what you have said, your daughter did not know that the property was stolen. Nonetheless, if she SHOULD HAVE KNOWN that it was stolen then the state can charge her with the crime. It is unclear from the information provided whether or not the state will have enough evidence to show that she should have known that the property was stolen. The circumstances that you describe sound suspicious and could possibly lead someone to believe that the property was stolen. However, I do not have enough information to say one way or another at this point.

Since you have said that your daughter does not have an attorney, I would suggest that your daughter hire one. If your daughter does not have the money to hire an attorney, then the court will appoint a public defender to handle her case.

If it becomes clear that your daughter could not have known that the property was stolen, then the State will likely dismiss their case.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Thank you and good luck!

 

LEGAL DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Oklahoma. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my posted reply is general information only that is relevant to your situation and is not specific legal advice.

 

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post and therefore cannot be comprehensive. For specific legal advice, please consult with an attorney who has been licensed to practice in your state.

Customer: replied 5 years ago.

If there is enough proof what can the maximum sentence be for a first time criminal offense?

minimum?

 

Expert:  Paul replied 5 years ago.
DearCustomer

I do not have access to Pennsylvania criminal statutes at this time. However, I can say that in most states, this crime is a felony and can carry up to five years in prison. Because this is a first time offense and it sounds like the case against your daughter is probably weak, a good attorney will likely be able to obtain a defered prosecution of some sort (which would mean no jail time).

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