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carlton2005

Junior Member
What is the name of your state? California
I am being charged with possession of stolen property, namely a generator. During the pre-trial hearing I learned that the sheriff no longer has the generator. It was shipped to New Orleans for "Katrina Relief". Shouldn't the sheriff have to keep the evidence until after a conviction in the case? Can I be prosecuted without the evidence?
 


CdwJava

Senior Member
carlton2005 said:
What is the name of your state? California
I am being charged with possession of stolen property, namely a generator. During the pre-trial hearing I learned that the sheriff no longer has the generator. It was shipped to New Orleans for "Katrina Relief". Shouldn't the sheriff have to keep the evidence until after a conviction in the case? Can I be prosecuted without the evidence?
It was not a good idea to send the evidence away, but you could - theoretically - be tried without it. If they have the item properly documented and identified, then it should not present a great problem to the prosecution. The defense would have to argue that the item in question was not the item seized, or, that it was not stolen (or that the defendant had no way of knowing it was stolen).

Speak to your attorney. he will know the details of the case and how much damage this might be to the prosecution ... if any damage at all.

- Carl
 

racer72

Senior Member
I would like to know what the legal owner of the generator thinks about the police giving his property away.
 

CdwJava

Senior Member
racer72 said:
I would like to know what the legal owner of the generator thinks about the police giving his property away.
It's also possible that the owner no longer has ownership of the property (due to an insurance pay-out), or, they gave permission to ship it out.

Or, the story about it being shipped away is bogus.

- Carl
 

garrula lingua

Senior Member
A lot of stolen property is returned to the victims and not present during trial. (What stolen car is present during trial ?) Cops take pictures and return the mdse. (In shoplifting cases, the mdse is usu recovered by the store & prosecution goes forward, based on testimony.)

Testimony, from cops as to serial numbers (or license plate #, etc.) of items recovered; from owners, as to their righteous possession of that specific item, and the fact that they did not give permission to yoyo to use, possess, drive or sell, etc. that article = proof at trial.

Yoyo can take the stand and testify that the cops aren't telling the truth; the victim/owner isn't telling the truth, and the jury can decide.

OP: present your defense to the jury. Saying the cops stole my stolen articles isn't a defense - it's an accusation for another case. As Carl said, the owner may have given permission for donaton of the generator.
 

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