Criminal Law Questions? Ask a Criminal Lawyer.
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.
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?
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.
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.
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.
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