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padaman

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What is the name of your state? CA

A couple of weeks ago i was kicked out of my house and went to a friends house to stay, during that same day my friend aske me to pawn some things for him. Something not unusual for me since I pawned stuff all the time for him and me. A week later I get a knock on my door ( i was back home) and its a detective saying that It was stolen property and that Im the one taking the heat for pawning the goods. I have to take a poly tomorrow and have been reading up on how innacurate and bias the test is, I dont know what to do. im innocent and wonder if I am screwed? :( Ne advice is appretiated.
 


I AM ALWAYS LIABLE

Senior Member
padaman said:
What is the name of your state? CA

A couple of weeks ago i was kicked out of my house and went to a friends house to stay, during that same day my friend aske me to pawn some things for him. Something not unusual for me since I pawned stuff all the time for him and me. A week later I get a knock on my door ( i was back home) and its a detective saying that It was stolen property and that Im the one taking the heat for pawning the goods. I have to take a poly tomorrow and have been reading up on how innacurate and bias the test is, I dont know what to do. im innocent and wonder if I am screwed? :( Ne advice is appretiated.


My response:

Are you 18 or older?

What's the purpose of the polygraph, according to the police?

Why did you consent to the polygraph?

Did you know that "receiving stolen goods" doesn't require your knowledge?

What does "Ne" mean? "Any"?

IAAL
 
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padaman

Guest
I am 19, i didnt know they were stolen and the purpose of the polygraph according to the detective is to help me since I am the only one attached to the property by my id at the pawn shop.

And yes NE was meant to be ANY.
 

I AM ALWAYS LIABLE

Senior Member
padaman said:
I am 19, i didnt know they were stolen and the purpose of the polygraph according to the detective is to help me since I am the only one attached to the property by my id at the pawn shop.

And yes NE was meant to be ANY.


My response:

Did you read and understand what I said to you? I said, "Did you know that "receiving stolen goods" doesn't require your knowledge?" The fact is, stolen goods are like a "hot potato". The person who had them last gets tagged.

Let me guess . . . The cop said it will help you, but he means that it may go easier on him to have you arrested. And, you will be arrested.

I wouldn't go in without an attorney if I were you.

IAAL
 
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padaman

Guest
i didnt know about the hot potato factor and i cant afford an attorney. what should i do? the detective is picking me up since i dont have a ride to the place. is it possible that I can be arrested on the spot?
 

I AM ALWAYS LIABLE

Senior Member
padaman said:
i didnt know about the hot potato factor and i cant afford an attorney. what should i do? the detective is picking me up since i dont have a ride to the place. is it possible that I can be arrested on the spot?


My response:

I guess we'll find out tomorrow what happens to you. Write back to let us know. However, if you don't write back, it's a sure bet you'll be behind bars until your preliminary hearing.

IAAL
 

CdwJava

Senior Member
Consider that even though the results of a polygraph are not admissable as evidence in court, your responses to the questions presented CAN be used. The poly given by the police has two purposes:

(1) To help determine if we are wasting our time;
(2) To put your position on record.

Personally, I'd wait til I was arrested or indicted, get that court-appointed defense attorney and THEN take the poly through my defense attorney. That way, the results are likely protected by privelege.

Oh, and chances are they have enough to arrest you already ... regularly pawning items can have the effect of sending up flares announcing you are involved in criminal activity. Most of us do not have enough stuff to constantly be pawning some of it.

Carl
 

I AM ALWAYS LIABLE

Senior Member
CdwJava said:
Consider that even though the results of a polygraph are not admissable as evidence in court, your responses to the questions presented CAN be used. The poly given by the police has two purposes:

(1) To help determine if we are wasting our time;
(2) To put your position on record.

Personally, I'd wait til I was arrested or indicted, get that court-appointed defense attorney and THEN take the poly through my defense attorney. That way, the results are likely protected by privelege.

Oh, and chances are they have enough to arrest you already ... regularly pawning items can have the effect of sending up flares announcing you are involved in criminal activity. Most of us do not have enough stuff to constantly be pawning some of it.

Carl



My response:

Good response, Carl. Which brings up another point that you touched upon, when you said, "regularly pawning items can have the effect of sending up flares announcing you are involved in criminal activity."

If our writer has done this more than a few times, then he can be hit with RICO charges (Racketeering) - - for an ongoing criminal enterprise; e.g., his friend is the thief, and our writer is the "fence", and they both share in the "profits" of their "criminal enterprise".

IAAL
 

calatty

Senior Member
The only reason they are giving you a polygraph is to interrogate you and get you to confess. The police do not want to help you, they are not your friends. Since you are agreeing to go to the station, you will not be able to later claim that your confession was coerced because you were not given Miranda warnings. You will be making a big mistake if you take the polygraph. Actually, knowledge that the property is stolen is a required element of the offense. (See, e.g., People v. Reyes (1997) 52 Cal.App.4th 975.)
 

CdwJava

Senior Member
calatty said:
Actually, knowledge that the property is stolen is a required element of the offense. (See, e.g., People v. Reyes (1997) 52 Cal.App.4th 975.)
Well, the "knowledge' element can be shown by other means besides a confession. Circumstances under which a reasonable person would come to the belief the property was stolen is just as good.

"Hey, I bought this great new Rolex for $10 ... don't ask where I got it ... now, take it to the pawn broker and see if you can get $500 for it."

If all it took was a confession, then you might as well remove the section. However, we have made cases quite a few times based upon circumstances. Sure, its an arguable presumption, but generally it is quite compelling as the defendant has to argue being a complete and total moron to avoid being shown to have had reasonable knowledge the item was 'hot'.

Carl
 
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padaman

Guest
I have pawned things for him before and i considered him trustworthy since I have know n him for a couple of years. The detective said he could already arrest me if he wanted to, and that all he wants is to get me to be a credible witness against the other guy. The detective will be picking me up at 1230 to go, and if I ask for a court appointed attorney I will have to be arrested, since I know I am innocent I am going to take my chances without a lawyer for now and if it comes down to it and I dont feel comfortable with the poly I will terminate it and ask for an attorney. If i dont post by 6pm, im in the can. Thanks for all of your insight.
And by the way there is no such racketeering charge in my case. All of the other stuff I pawned was mine and other NOT STOLEN property.
 

I AM ALWAYS LIABLE

Senior Member
padaman said:
I have pawned things for him before

And by the way there is no such racketeering charge in my case. All of the other stuff I pawned was mine and other NOT STOLEN property.


My response:

Listen, idiot stick. You said in your first post, "I pawned stuff all the time for him". and you have just said, again, "I have pawned things for him before".

All because you're not charged YET with Racketeering, doesn't mean that you can't, or won't, be charged with it later!

You criminals are some of the most stupid people on the planet.

IAAL
 
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padaman

Guest
wow

Sorry to tick you off, and first of all i am not a criminal, i dont even jay walk. As you can tell I am not in jail and as a matter of fact i passed the poly fine and they want me to testify against the other guy. The only thing is that they say its going to be his word against mine. I have the integrity and the means to porve my integrity by being active in my community and having several references that would back me up. Thanks again for the insight but take a chill pill.
 

I AM ALWAYS LIABLE

Senior Member
padaman said:
Sorry to tick you off, and first of all i am not a criminal, i dont even jay walk. As you can tell I am not in jail and as a matter of fact i passed the poly fine and they want me to testify against the other guy. The only thing is that they say its going to be his word against mine. I have the integrity and the means to porve my integrity by being active in my community and having several references that would back me up. Thanks again for the insight but take a chill pill.


My response:

Oh, yes. All of a sudden you're just an Angel. Yeah, right.

That's why you have police coming after you, and that's why you needed to take a polygraph test, and that's why you have to testify against your buddy in a criminal trial - - because you're just an Angel!

Listen, pal. You're anything BUT an Angel. You're a criminal.

IAAL
 
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padaman

Guest
Nice

And I thought we had a unbias criminal system in which one is innocent until proven guilty. I am not a criminal and you are the type of person that needs to get off on others in need. I just came here for some insight and at first it was nice, but I dont think you deserve the right to be commenting on this board. You are nothing but a bully and cant spawn a creative thought that isnt written somewhere else already. By the way, people like you are exactly what make our justice system get a bad rep. I

If I get charged with raketeering its my problem, which I doubt will happen,
 
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