Charged with theft and receipt of stolen goods?

[jezebel5150]

State? CA***Hi! My roommate, S. got pulled over 2 days ago and he had some statues in the car. They came from a shady guy out of town. The cops impounded the car, after they questioned S. about the statues. The next day they came to my house to "talk to" S., but they had no warrant so I wouldn't let them in. They said he needed to turn himself in or they would arrest me for harboring him. He went in this morning, and was arrested cause the statues were hot. Their value's around $300 so it should be a receipt of stolen prop. misdemeanor, but they are charging him with receipt of stolen goods AND theft, of the same goods! From what I could find in the penal codes, that's illegal.
Code 496 (a)... A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.
What are his rights on this? Any help would be great!

 

[stephenk]

he should turn in the person who sold him the statues. he should then hire an attorney.

 

[mykoleary]

they are charging him with receipt of stolen goods AND theft, of the same goods! From what I could find in the penal codes, that's illegal.
Code 496 (a)... A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

Charging with both crimes is in no way illegal. The statute you reference says that he may not be CONVICTED of both. Being charged with both is highly different.

I believe it is fairly common for defendants to go to the grandjury or trial with multiple counts, not all of which they are convicted on. Seems to be more of a shotgun policy to make sure they get convicted of something rather than nothing.