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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23972
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was arrested for stolen property/ and probable cause of items

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I was arrested for stolen property/ and probable cause of items found in car to be stolen from another store as well..
this is my second ofence in a year. I am 69 and have no other record other that these ..2..I am on medication and have congested heart failure..Some meds I take for my alshimer and strong med for my depression
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. When you were arrested, were you on probation for the first offense? If not, what sentence was imposed for the first offense? Moreover, how did the officer find these items which were allegedly stolen?
Customer: replied 3 years ago.

I did community service before.that was my 1st offence I was not on probation

Thank you for the additional information. Since this is your second offense within the past year, for the same crime, it is likely that the court would consider a probationary sentence at this time. Based upon your age and the fact that this is a non-violent crime, they should not be so eager to seek any jail time, since there was never any probation imposed before. Of course, they may also impose community service and order you to pay any restitution but jail could possible be avoided, if you were able to work out a plea deal. Since this is your second offense, I would 100% suggest retaining a criminal defense attorney to represent you at this point, who can act in your best interest. They can look over the facts of the case and see if you have any legal defenses and if the case is worth going to trial on or work out a plea deal, on your behalf. If you can not afford to retain private counsel at this time, you can always asked to be appointed the public defender, when you appear at your first hearing.

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Customer: replied 3 years ago.

atleast with your answere I may be able to sleep tonight...I am retaining counsel and I will ask re: plea deal thank you

You are welcome and I wish you the best of luck. If you have not already, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. Thank you.
Customer: replied 3 years ago.

I read my charges and I have another question please...possession on stolen property is charged re: items in my vehicle.I honestly had found on the ground in parking lot a bag that had items in it and told police officer this ..He said I was guilty because no receipt was with items..This had nothing todo with theshoplifting chg.given to me

How did the officer know that those items were stolen instead of someone just losing them? Is there any evidence of them missing from the store and a report being filed?
Customer: replied 3 years ago.

he said there was no receipt and therefore they were stolen..I do not know of any reports of stolen items from store..The officer took the items to the store and what was said there I do not know.. He said it was probable cause.

You could have a defense to that charge, as there is no evidence to support you stole them or knew they were stolen. Moreover, it would have to be determined if the store was able to show/prove that the items were taken from them and not purchased. If they can not, the fact that you found them in a bag and there was no identification as to who they belong to, may not necessarily be enough to charge you with that crime.