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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 677
Experience:  15 years law practice experience
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My husband and I traded a vehicle worth 800 to $1,000

Customer Question

my husband and I traded a vehicle worth 800 to $1,000 for a gamer's laptop worth anywhere from a thousand to 1500 for our two teenage Sons aged 14 and 19. we drew up our own receipt listing serial numbers and car vin numbers and signed by both parties in front of a notary and was stamped by the notary. About a month later we had hard times and since we didn't have internet we decided that we would Pawn and borrow money for the computer while we also stripped copper that we collect from houses we work on in our construction business. My son and I went together and went first to the recycling plant as it was on our way and we took in her copper using my ID finish there and went directly to the pawn shop. While standing at the counter with the computer I realized my ID was not in my person so I call the recycling plant and asked if they had it and they did they said I had forgot to give it back to me so since we were already there I had my son use his ID. The car and computer traded pin receipt signed and stamped by the notary is between my husband and the gentleman who we traded with. So I had my son caught it with his ID I told the lady at the counter exactly how we ended up with the computer by trading the car and she asked us to write down how long we owned it and I told her it wasn't very long it happened within the last couple of months so she said to write two months which is what we did a little while later my son was asked to show his ID to a police officer during some issue down at Walmart with his sister and he had a warrant 4 false Declaration of ownership at a pawn shop we didn't know what was going on we have the proof in the receipt but no detective has even asked us any questions or even returned our calls that we called and left messages telling them what we had they've given us the run-around sending us back and forth from Del City detective Oklahoma City to Midwest City we don't know which way is up we have a court date on the 28th of this month and don't feel we've done anything wrong I
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
My son has never done anything wrong that warranted police involvement does not have any type of record whatsoever he is getting his GED right now he's passed all three of the four required he flunked the math and has to retake it and he's doing that so he can join the Army and the kid that's done so good like he has is now going to be rewarded by this criminal act that he did not commit and it's just disheartening to me that he would be rewarded for being such a good young man by such a harsh saying that he had no control over I hate to discourage him with this harsh charged because I don't want him to give up trying to be the good young man that he has been for 19 years
Expert:  AttyHeather replied 1 year ago.
Hi, My name is*****'m an attorney with 15 years vigorous courtroom practice experience, and I would like to assist you in answering your question. My response is for information and education, and not as legal advice and we do not form an attorney/client relationship.That's such a frustration situation. Based on what you have stated, I believe that the computer was probably stolen (before it was ever sold to you) and the person selling it to you was not the rightful owner. That person appears to have sold you stolen property. It is a crime to receive stolen property. I hope you have had a chance to review the relevant statute. I'll paste it here: 2014 Oklahoma StatutesTitle 21. Crimes and Punishments§21-1713. Receiving stolen property - Presumption.Universal Citation: 21 OK Stat § 21-1713 (2014)A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00) or by both such fine and imprisonment.B. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.R.L. 1910, § 2664. Amended by Laws 1961, p. 234, § 1; Laws 1997, c. 133, § 393, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 285, eff. July 1, 1999. It you can show that you/he did not have reasonable cause to believe that the computer was stolen, and that you made reasonable inquiry to the seller to confirm that he or she had the right to sell the property, that you should be able to defend the case. Keep the receipt you obtained when purchasing the laptop and try to remember all of the questions you asked regarding the laptop so that you can verify to the prosecutor that you made a reasonable inquiry into the ownership of the property before purchasing. I hope this has been helpful, and if so, please confirm by giving me a positive rating. Have a good evening,Heather S, Attorney