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Receiving stolen property

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What is the name of your state (only U.S. law)? Ohio. My 17 year old son was at a local church festival with one of his friends a few weeks ago. The two of them were walking down the street, away from the festival, at the end of the evening when one boy in another group of kids tossed a traffic warning light he had picked up in the street to my son. At first, my son did not even know what the light was. He and his friend walked a few steps, and (like a foolish teenager) my son put the light partly down the front of his pants to see the light glowing through his shirt - trying to be like ET or whatever - again, teenagers acting foolish. He heard a deputy yelling to him and approaching from behind, turned and walked toward the deputy to hand the light to him, and was put in handcuffs. The deputy asked my son a few questions about why he had the light, put him in the back of his cruiser, and called me. I knew nothing of what happened other than what the deputy told me when I arrived. He said my son was very cooperative. We discussed the fact that my son has never been in any trouble, and the deputy told me that he would not be filing a report or pressing any charges, as long as I called the police sargent he told me to call the next day. He said my son could go through a diversion program and avoid charges. I called the sargent 3 times and left messages before I got a call back. The sargent left me a message that a diversion program is not available where I live, and that the deputy would be filing a report and we would have to go to court. It was not until our preliminary hearing yesterday that I realized the seriousness of what is going on, that my son is being charged with receiving stolen property. His options were to plead guilty or not guilty, with a guilty plea meaning that my son would have a criminal record - receiving stolen property. I had him plead not guilty. He now has a pretrial scheduled for 9/21. Call me naive, I nor my son have ever been in legal trouble of any kind so the treatment we received at the courthouse was surprising to me. I went in not knowing what to expect. My son did not steal the light and did not intend to do so. When he got in the car with me, he immediately called the kid he was with to talk to me and verify he was telling the truth (the officer took my son's cell phone when he cuffed him, and unlike my son this other kid ran away when the officer approached, so the two of them had no opportunity to create "matching stories.") I was more than willing to have my son go through this diversion program, but these charges and a criminal record seem way too much for what happened that evening, especially for a kid who has never been in trouble. And, as far as I am concerned, the deputy lied to me that evening about no charges being filed. Does anyone have any suggestions on what I should do? (I already called an attorney, money I don't need to be spending on something like this.) What is happening seems very extreme to me.
 


mistoffolees

Senior Member
I already called an attorney, money I don't need to be spending on something like this.
Actually, you do (unless you want your son to have a criminal record). Work with your attorney to straighten it out.

Chances are that the attorney will take the position that your son didn't know it was stolen - and immediately turned it over to the police when requested and cooperated fully with the investigation. That may or may not get the charges dropped, but might very well get him off with probation or community service with the charges expunged if he doesn't violate the probation.
 

asiny

Senior Member
He heard a deputy yelling to him and approaching from behind, turned and walked toward the deputy to hand the light to him, and was put in handcuffs. The deputy asked my son a few questions about why he had the light, put him in the back of his cruiser, and called me.
And what did your son tell the officer?
I knew nothing of what happened other than what the deputy told me when I arrived. He said my son was very cooperative. We discussed the fact that my son has never been in any trouble, and the deputy told me that he would not be filing a report or pressing any charges, as long as I called the police sargent he told me to call the next day. He said my son could go through a diversion program and avoid charges. I called the sargent 3 times and left messages before I got a call back. The sargent left me a message that a diversion program is not available where I live, and that the deputy would be filing a report and we would have to go to court. It was not until our preliminary hearing yesterday that I realized the seriousness of what is going on, that my son is being charged with receiving stolen property. His options were to plead guilty or not guilty, with a guilty plea meaning that my son would have a criminal record - receiving stolen property. I had him plead not guilty. He now has a pretrial scheduled for 9/21. Call me naive, I nor my son have ever been in legal trouble of any kind so the treatment we received at the courthouse was surprising to me. I went in not knowing what to expect. My son did not steal the light and did not intend to do so. When he got in the car with me, he immediately called the kid he was with to talk to me and verify he was telling the truth (the officer took my son's cell phone when he cuffed him, and unlike my son this other kid ran away when the officer approached, so the two of them had no opportunity to create "matching stories.")
Why would they have to "create"? Also, what kind of friend is this who let your son take the fall?
I was more than willing to have my son go through this diversion program, but these charges and a criminal record seem way too much for what happened that evening, especially for a kid who has never been in trouble.
Everyone who has ever been charged, even in similair circumstances, were never in trouble before then... The charges are what they are in relation to the alleged crime... even for a kid who has never been in trouble before.
And, as far as I am concerned, the deputy lied to me that evening about no charges being filed.
The deputy was under the suspicion that the item was stolen - he is not an attorney, nor can he be held liable for what he THINKS will happen.
Does anyone have any suggestions on what I should do? (I already called an attorney, money I don't need to be spending on something like this.) What is happening seems very extreme to me.
Your son has this 'friend' who admitted (on the phone, with you) that your son was not the one who stole the item... If the friend was a friend, they would own up to vindicate your son or get the attorney. Everyone has money that they don't want to spend on legal wranglings but have to if they need an attorney, which your son (if the friend keeps quiet) needs.
 

Banned_Princess

Senior Member
Actually, you do (unless you want your son to have a criminal record). Work with your attorney to straighten it out.

Chances are that the attorney will take the position that your son didn't know it was stolen - and immediately turned it over to the police when requested and cooperated fully with the investigation. That may or may not get the charges dropped, but might very well get him off with probation or community service with the charges expunged if he doesn't violate the probation.
How could he not know a traffic warning light was stolen?

didn't know what it was? has he never been on paved roads before? It must have been a light around your town if some kids walking around took it.

receiving stolen property is exactly what he did, so why were you so surprised of the charge? (op)

(op) as far as your concerned huh? the officer didn't lie, he was mistaken while trying to do you and your son a favor.


he 100% needs a lawyer, but you could have talked to the DA later (when court was over) tell them how terrific your son is (stupid but terrific) even tho I assure you they already know he has never been in trouble before.

the only thing your right about was pleaing not guilty.
(NG) judges in my district automatically enter that at arraignment (the preliminary you spoke of) and put it off to another judge, and / or instruct you to come back with a lawyer.
 

Banned_Princess

Senior Member
Your son has this 'friend' who admitted (on the phone, with you) that your son was not the one who stole the item... If the friend was a friend, they would own up to vindicate your son or get the attorney. Everyone has money that they don't want to spend on legal wranglings but have to if they need an attorney, which your son (if the friend keeps quiet) needs.
even tho i barely ever agree with you I agree with all except this.


son was charged with "recieving stolen property" which knowingly or not, he did. (no theft charge here,) so it doesnt matter who stole it, he then recieved it. I mean its a dictionary entery. "recieving" taking possession of.

I dont know why mom / dad is so shocked (sounds like mom) he should have recieved a ticket when they charged him with the charge and court date.
 

OHRoadwarrior

Senior Member
I would take the position he did not receive stolen property. It was thrown at him and he caught it to prevent being injured. Before he had time to fully asses the situation, an officer arrived and he tried to present the light to the officer as the logical solution.
 

FlyingRon

Senior Member
I would take the position he did not receive stolen property. It was thrown at him and he caught it to prevent being injured. Before he had time to fully asses the situation, an officer arrived and he tried to present the light to the officer as the logical solution.
You missed the step about him shoving it down his pants. This isn't a case of someone chucking something at you because they see the cops coming.

All the essential parts of ORS 2913.51 seem to be here. He needs a lawyer.
 

OHRoadwarrior

Senior Member
You missed the step about him shoving it down his pants. This isn't a case of someone chucking something at you because they see the cops coming.

All the essential parts of ORS 2913.51 seem to be here. He needs a lawyer.
I didn't miss it. It falls into the part where I said he was startled and not sure what to do. I agree he needs a lawyer. I think enough doubt can be presented to reduce the charge if nothing else.
 

mistoffolees

Senior Member
I didn't miss it. It falls into the part where I said he was startled and not sure what to do. I agree he needs a lawyer. I think enough doubt can be presented to reduce the charge if nothing else.
In addition, he cooperated fully with the police and it's a first offense. There's a very good chance that he will get a minimal charge, or possibly probation. He may be able to get the record expunged.

Everyone is in agreement - he needs to retain an attorney. And, like any other criminal charges, be sure to tell him that he must not discuss it with ANYONE unless the attorney is present.
 

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