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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21901
Experience:  Handle criminal matters in both state and federal courts.
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My boyfriend was just arrested for operating a stolen moped

Resolved Question:

My boyfriend was just arrested for operating a stolen moped that he purchased off craigslist 3 months ago. He did not know it was stolen and did not receive the title, only the registration that he did not have at the of arrest. He also did not register the vehicle under his name upon purchase. We have the phone number of the person who sold him the moped and he knows where the person lives. However we do not have their name and the craigslist listing has since been moved to the archives. The police told me that a detective will talk to him within 48 hours and decide if he will be released or charged. Is there anything that can be done to decrease the likelihood of his being charged a felony? Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and look forward to providing information to you in this regard

 

First know that anything he says to the police may and will be used against him. However, if what you say is true, then I suggest he tell them everything. They can get the records from Craigslist. And the police also can get in touch with the person by a cross reference on the name and phone number.

 

So the only way your BF is not going to be charged is when the police can track the person he bought this from. The charge of possession must include Knowledge of the item being stolen. So even if they charge him, once they get the information about the other person these charges can be dropped because your BF did not have knowledge the key component of the charge.

Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.

Customer: replied 1 year ago.

If they can't get in touch with the person from which he bought the moped, what could happen? What if the person was not the one who stole the moped but another unsuspecting buyer? Will my boyfriend be kept in custody until they find the person who stole the moped? What if he said he bought the moped 1 month ago initially when he was nervous but it was actually 3 months ago? His brother was the one who found the listing and lent him money to buy it and I was with him when he bought it. Will our testimony help or even be accepted?

Expert:  Samuel II replied 1 year ago.

Hello

 

No. If he is charged, he should be released on his own recognizance or at the very least a minimal bond as long as he has community ties and has never failed to appear in court.

 

If they do not find the person he bought it from, then they need to have evidence that he stole it or that he had knowledge it was stolen

Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.

Customer: replied 1 year ago.

Is there anything else I or his brother can do to help him in the worst case scenario or is it purely a waiting game at this point? Does it count against him that he initially said the moped was purchased 1 month ago without thinking when it was in fact 3 months ago? This will be my last question.

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Samuel II replied 1 year ago.

Hello

 

I apologize for the delay in the response I am only now seeing this response. There is sometimes a delay in this network

The worst case scenario is that he could be charged and convicted. But even so he would have a probation and not any jail time

 

If he has any proof of when the purchase was made, he needs to provide it. His memory is not the end all on this. He can say he made an error and had a lapse of memory.

Again I thank you for your patience in my responses. The system has a little lapse in time.

 

Please let me know if you have other questions in this regard.

Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21901
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 10 other Criminal Law Specialists are ready to help you

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