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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118237
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have very limited specific information. A friend is either

Resolved Question:

I have very limited specific information. A friend is either facing or has been indicted on federal receiving stolen property charges. He is of little to no income (perhaps a VA disability pension, not sure) and while he was, apparently, appointed an attorney, there does not appear to be any sort of communication/information to him from same about his case, status, expectations, etc. He would prefer other counsel. It is not (to my knowledge) a big deal, per se, at least not his part in the "crime" in the sense that, I believe, unbeknowst and without his permission, someone else came, delivered, brought, whatever, some kind of stolen property to his residence. He did not, I believe, allow the property to remain and the purveyor of same is willing to give a statement absolving him. His lawyer has not pursued this, saying: the judge don't want to hear it. What should he do?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
If this is a federal charge, the federal public defenders are generally very good and much better than the state level public defenders. The issue is that the fact that the other accused is willing to testify in his defense may put reasonable doubt up as to his actual knowledge of the fact it was stolen property. The problem is that if the prosecutor can prove that he should have known based upon the circumstances that the property was stolen and this is why the attorney is likely telling him that the judge will not want to hear it. At this point he needs to get with his attorney and have the attorney actually explain things to him or give the attorney permission to speak to you about the case so that you can get the full story. Additionally, you do not know what the specific evidence is that the US Attorney has against him and the attorney can explain that to you as well.

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