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Help! About to take a plea bargin, seeing that there is no other way out...

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kcwillia37

Junior Member
What is the name of your state (only U.S. law)? Washington

Facts:
-Victims reports 203 detailed items stolen from their place of business at a value of $18979.97.

List includes: Brand/Model/Sizes/Type of tool or equipment/Value. Some items were left generic.

-I became a suspect 5 months after the incident occurred and police obtain warrant from Judge without that detailed list of items to look for.

-Police seized a total of 280 items from my work and home.

-One of the two victims identified that 98% of their stuff was recovered. Both by checking off their detailed list of 203 items as well as making a statement/testimonial.

-I was given a vague list of what was mine that was taken into evidence.

-I hired a professional to go into evidence to obtain a detailed list of what was in evidence.

-63 of the 280 items were equivalent to the items reported missing. Make/Model/Size. Their value as reported by the victim was $4362.59.

-16 of the items are similar enough most with no argument from me besides proof of purchase. Those items value as reported by the victim was $801.25

-For a total of 79 items out of the 280 are equivalent /similar to items reported missing. That value at $5163.84.

-28% of the items in evidence match the victims reported missing.

-72% of the items in evidence were not reported missing by the victim.

-38% of items reported by the victim matched my tools.

-62% of the items reported valued at $13816.13 were not found in my possession.

-Of the 79 equivalent /similar items in question I have proof of purchase for 54 of those items with a purchase value of $1178.56.

-Of those 54 items the victims quoted their value of being $1930.85

-25 out of the 280 items I do not have proof of purchase for. The victims reported these items to have a value of $3232.95.

-225 of the 280 items in evidence I have proof of purchase totaling $5509.72.

-5 of the 280 items were gifted to me who I have people to vouch for. Those items valued for $161.00.

_______________________________________________
Additional info about my case:

I was arrested and charged with 1st degree Theft/Burglary and Possession of stolen property.
I have stated to both the police and my $5k lawyer that all those tools in evidence I purchased. I did not steal anything.
My lawyer asked me to give him the proof that the items in evidence were in fact mine. Because the police took about 1/8 of the automotive tools and equipment that I own. It took me literally 6 months to gather my evidence. I had to find and hire a professional on my own who knew
what automotive tools and equipment were to go into evidence and inventory all the items in there so that I knew exactly what receipts I was looking for.
Found all the receipts I could and have them compiled in a binder easily for referencing.

I’ve talked to my lawyer many times and asked him to review my evidence. He has no interest. He is convinced that there is too much circumstantial evidence and if we go to trial they will find me guilty of possession of stolen property.

My lawyer wants me to take a plea on the following terms
-Plea guilty to 1st degree of stolen property.
- paying restitution of $4500.00.
-Buy back my tools and equipment for $1400.00.
-45 days of work release
-30 days of home monitoring.

He feels that this is the best option financially for me.

I’m having a hard time coming to terms with this because I did not know I had purchased stolen items and I want to maintain that always. I have receipts and I feel that majority of the tools in evidence are irrelevant. I don't want to go in front of a judge and lie and tell them I knew these items were stolen, if I would have know I would have reported it.

Circumstantial Evidence against me:
-Victims were my previous employer of 3 years and my co-worker of 1 1/2. I had quit working there a year prior to their burglary to pursue my own automotive business adventures. I did not leave on bad terms.
- 2 items found in my possession had my previous employer’s business name on them.
(in my defense I was the manager/lead technician for that business. I have receipts for those items. I believe I might have grabbed their equipment and left mine)
- 1 of the items found in evidenced has my co-workers full name. (My only real defense for this item is while working with this co-worker, he was not a trained professional like myself. He had a very limited amount of tools, every day we worked together he was using my tools and equipment to do his job. This particular item could have very well became in my possession during my employment, truthfully it’s a $15 piece of equipment that I have no recollection of how that was in my possession)
-Items I bought without proof of purchase off craigslist advertising: I corresponded with the gentleman through email who originally listed an ad of a tool box for sale and delivery was available and I did not have a vehicle to haul a toolbox so I gave him my address and arranged a time to meet. When I met him he explained to me that he was a professional with a home repair shop and he was moving out of state to pursue other career goals.
He had a large Craftsman tool box it was similar to my current one I have at my shop but it was bigger and I needed one for my home location.
He had a stock of automotive batteries totaling 18 of them.
He had a battery tester specifically for those brand name batteries.

He had other automotive tools and equipment and other odds and ends. The toolbox and the batteries and testers were the only items that were of interest to me and I thought they were a remarkable deal, I never once thought they were stolen items. The gentleman was very believable and was wearing an automotive apparel.

The very top part of the toolbox has a lid style drawer and the rest of the box drawers are pull out. When police seized the toolbox in the top drawer which I hadn’t opened and gone through yet had a lot of junk in it, napkins, papers, automotive greases and supposedly from what my attorney is saying had name patches with the same name as one of the victims my old co-worker who claims the box is his. There was also a few baby pictures addressed to the name of the victim. I don’t remember the name of the gentleman who I bought the box from but would only assume that those name patches and pictures were addressed to him and not the victim.

My lawyer thinks that it doesn’t make a difference that the victim claimed a lot of tools specifically with their brand name tools like Snap On Brand combination wrench valued at $30 for example and there is a Craftsman Brand combination wrench valued at $3 found in evidence that was not claimed by the victim and I have a receipt for that item. Yes they serve the same function but any expert will tell you they are not the same. There is no difference in a similar situation if the victim was claiming 100 blue shirts and there were 100 red shirts in evidence.
I’ve worked in the automotive industry for 8 years. I got a degree in the profession, I’ve expressed since day one that I would like my own repair shop and have spent my entire career working and buying tools and equipment to build my business.
I understand that there is questionable stuff in there that the victims are claiming is theirs. What I don’t understand is all the other thousands of dollars worth of evidence that was not reported, that I have proof of purchase, why do I have to go in front of a judge and tell them these items are stolen when they are not! I don’t see why there is no legal way around getting my tools that seem to not be relevant to the case out of evidence first. I’ve talked with numerous people who believe my lawyer is one of the best and I really like him he doesn’t help me understand why they are using all those items against me. He says that it’s completely acceptable for the victims to verbally state what items are theirs and there’s nothing we can.

I just need more of an opinion. I’m about to admit guilt to something I didn’t do and I know there are a lot of innocent people out there who have to do just that. I just want to know that there are no other options.

Thanks for reading and sorry if I was repetitive.
Any advice given is greatly appreciated.

-KDWhat is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
No one is going to second guess your attorney. :cool:

commentary: I happen to think you've put way too much effort into proving that you didn't do it, to really not have done it.
 

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