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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9396
Experience:  Since 1983
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ok ,give you a second was hangin out with other

Customer Question

ok ,give you a second was hangin out with other warriors and a civilian friend that had been on base prior times stole 40 PS 2 game discs and asked Erik while enroute back to town to stop at gamestop and sell the discs so he could have some money for the weekend of planned partying.Erik thought they were his and never gave a request from a friend a second thought .Well,we got a citation the day prior thanksgiving and in fact we got two.First one shows 40 counts of Larceny and the second dated 20 days later shows theft of military property which I have found to be a felony .He was duped into believing this property was this civilians...Now he is facing this charge.What is the usual penalty as he has no defense ,he cannot find this guy and does not know his last name.His unit is processing deployment and are unavailable .Hes screwed...This is taking place in New Mexico at Federal Court front of a Majistrate
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Allen M., Esq. replied 7 years ago.
Outside of my expertise really, as this is more of a criminal law question and not a military law question (he's before a magistrate).

I am qualified in criminal law, but for more general discussions rather than any type of pinpoint accuracy on sentencing.

I think it'd be in your best interest to have me send this over to the criminal law section. We have some really experienced attorneys over there that can really give good insight into this question.
Customer: replied 7 years ago.
Ok what else do you want/need?
Expert:  Allen M., Esq. replied 7 years ago.
Nothing. I'm sending the question over to the criminal law section and opting out.

Don't respond to this information request and another attorney will address this question for you.
Customer: replied 7 years ago.
ok thanks for your first answer ,that will help.he just needs to make better choices.never in trouble prior to military ....He was always there for everyone and felt helpless .Captain of football team ,straight A's and just a good kid.I hope we can get him back on track .Thanks again
Expert:  N Cal Attorney replied 7 years ago.
I think he has a good defense. They have to prove every element of the crime. I do not see how they can prove he knowingly possessed stolen property or received any of the proceeds of the sale of the property by the civilian.

May I ask which court the case was filed in and whether he has a JAG or a public defender or any attorney assisting him?
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9396
Experience: Since 1983
N Cal Attorney and 5 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Filed in LAS CRUCES N M Federal Court ......No Attorney yet as we just found out about these charges day b4 Thanks giving
Expert:  N Cal Attorney replied 7 years ago.
lists a couple of criminal defense attorneys there. lists several.
I urge you to consult a local attorney.

Thank you for accepting my answer.