PC 496D (a) Charge

[CdwJava]

PC 496d is, in a nutshell, the section you cite if there is probable cause to believe that the suspect is in possession of a vehicle that he knew to be stolen, or should reasonably have known to be stolen. While the statement of the suspect can sometimes nail the elements of the offense down, his statement might also clear him ... depending on all the facts.

As it is, the OP definitely needs to speak with an attorney.

 

[I'mTheFather]

Hopefully, he did 6 months ago when he posted.

 

[justalayman]

WOW, really? Hmm, Let Freedom Ring, you have got to be kidding me

Innocent until proven guilty...burden of proof?
I do not know his details, but best I can tell, you know as much as I, yet, from my point of view, he has not been shown any common courtesy, nor has he been shown a display of ethical practice nor moral turpute. For whatever that is worth.

so you have enough evidence to prove the guy not guilty?

The guy got charged. Apparently the DA or grand jury saw probable cause. While you may think you know the guy is innocent, you simply cannot know. The guy would be a fool to risk not having an attorney

burden of proof is for the trial. All it takes to arrest and charge is probable cause.

(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.  However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. -

but common courtesy; what are you even talking about? There were no discourteous actions. The cops questioned him and arrested him based on all the evidence known.

and of course, nobody has ever come here and been less than 100% honest so of course if he says he is innocent it must be true.

 

[quincy]

... nor has he been shown a display of ethical practice nor moral turpute ...

That is good that no moral turpute was displayed. Some by mistake might display moral turpute (or even immoral turpute ) because they do not quite understand what it is.

 

[justalayman]

I'm not seeing how a turpute can be moral or immoral.

I have to admit I have a quite large turpute though. My wife loves it. Every time I get into bed I have to wrest my turpute from her. She just won't keep her hands off it.

 

[whowelookinfor]

For whatever that is worth, moral turpute isn't worth a thing.

Yeah, I should have further clarified my understanding of the phrase, or lack thereof.

Beauty of my ignorance is that I would not even consider taking payment for anything that I have vowed against.
I am an American citizen, therefor in addition to being a loud and obnoxious woman whom truly beleive herself to be worthy of her counterpart (ner)'s fall to inadequacy and pitifully unequal-joke-I am promised certain perks outlined and amended to the point of absurdity, but promises, none the less. They are intended to always be there on US soil, and embassies abroad...defended FOR ME my the state providing I remain within the boundaries that were mapped out for me all throughout my years growing up in the Public school system-i became obliged to certain responsibilities the day i reach adulthood. I am a law abiding citizen, worthy of no man or woman's salute, nor am I worthy of a large paycheck to support my dreams or family. I am so far beyond the centerline that I don't know the distance in yards of its location. I don't know whom it was that drew the line. I only know I have lived bear consequence due to it's existence, and the last 40 years I cannot see myself anywhere else in the world, other tham dead center atop the middle of line.
Yet, I am the imbalanced party. Hmmm.

Word to all of those ranked enough to wonder if things like legal disclaimers matter in a slimy world of law and order....
Change the lies that are so carelessly worded. My two posts that were removed before I was given the opportunity to read* may have made some moderator feel like a weasel, as opposed to a snake, when it was taken out of the dialog, but it wasn't your place to do so, certainly not both of them. I MAY have used one profane word, so I argue that post no more. But the one asking for advice didn't stand a chance on hearing "...CONSUMERS TO BENEFIT FROM OTHER CONSUMER WHOM HAVE EXPERIENCED SIMILAR LEGAL ISSUES. [I/]"

 

[quincy]

I'm not seeing how a turpute can be moral or immoral.

I have to admit I have a quite large turpute though. My wife loves it. Every time I get into bed I have to wrest my turpute from her. She just won't keep her hands off it.

Just don't display it in public and you should be okay.

 

[whowelookinfor]

That is good that no moral turpute was displayed. Some by mistake might display moral turpute (or even immoral turpute ) because they do not quite understand what it is.

As I attempted to acknowledge, immediately following the reference in which I had used...I just typed a familiar phrase from the little bit of that world I remember having read.

Good thing I didn't grow up to become a lawyer, huh?

 

[justalayman]

Just don't display it in public and you should be okay.

Why? Other than it getting dirty I have no problem displaying my turpute in public. Everybody that has ever touched it just loves how firm it is. When I go camping I always have the most popular turpute. When I travel long distances everybody wants to lean on my turpute because it's so comfortable. I wish I could let people know how to get a turpute like mine but, well, I think mine is so loved is because of how I have used it over the years. It took some breaking in originally because was too firm but now its a bit older it has softened up just enough to be just right.

 

[justalayman]

As I attempted to acknowledge, immediately following the reference in which I had used...I just typed a familiar phrase from the little bit of that world I remember having read.

Good thing I didn't grow up to become a lawyer, huh?

I believe you meant turpitude. Turpute is norwegian for pillow.


so anybody that thought I was referring to something else raise their hands



shame on you.

 

[quincy]

As I attempted to acknowledge, immediately following the reference in which I had used...I just typed a familiar phrase from the little bit of that world I remember having read.

Good thing I didn't grow up to become a lawyer, huh?

I believe the word you were looking for earlier was "turpitude" (which means vileness or baseness and it is not something that should be displayed to others) instead of "turpute" (which I do not think means anything, at least in English*).

It is always good to expand your vocabulary by trying out new words. It is best if you know how to spell them and what they mean first, though.



*Norwegian for pillow - thanks, justalayman (but not for your description of it prior to providing the definition )

 

[whowelookinfor]

As far as I am concerned, the first question out of any defense counsel to this person should have been "are you guilty", assuming the answer is, (as it always is, correct?) one consistent with a "not guilty" pleading, #2 should be maybe why did the authorities come into contact with this vehicle on your property, did you allow this? Why?
Bottom line is that the burden of proof lied with the prosecution. He has the power not to file if the arresting agency was acting a little bit off the legal spectrum....because it isn't on the cop to know the law like that. His handbook is with him to seek for guidance when his discretion is not enough. The arrest may be an innocent mistake, but the filing is not to be taken so lightly.
No one has shown any thought I'm the world as to the procedures that officials SWEAR SOLEMN OATES TO UPHOLD.

Yet, no one asked him if he was aware that the vehicle on his property that he had keys (only truly relevant if he were the theif, which he is being charged with) and a bill of sale which BACK UP HIS DEFENSE AND even if his story is riddled with what Zig refereed to as red flags, it is the prosecutions job to earn those salary figures. And the PD is the first one to sell his soul. Cause his promotion makes him DA

 

[justalayman]

actually one attorney I used to know said the last question he would ever ask is; are you guilty

If the defendant admits to being guilty the attorney cannot let the guy take the stand and deny guilt as it would be suborning perjury and as an officer of the court, no attorney could allow that.

 

[whowelookinfor]

desert politics that don't concern you...or anyone else...FBI included.

No, he told the OP to keep quiet because everybody he speaks to is a possible witness against him. A lot of people have gotten themselves convicted by not keeping their mouths closed.

this is so true. however, those are words better suited for for Mike Tyson, Bill Clinton, or Tina Harding. (OMG, I am a little behind on my current news drama!)
our words are all great in theory....but only thing that matters if you are the subject of a case filed in SBCSC is how to get the case investigated. better open that pie hole.

 

[whowelookinfor]

actually one attorney I used to know said the last question he would ever ask is; are you guilty

If the defendant admits to being guilty the attorney cannot let the guy take the stand and deny guilt as it would be suborning perjury and as an officer of the court, no attorney could allow that.

I, too, know of ONE attorney in which would keep his position and obligation as a priority to uphold his character....
and he isn't making much by way of income, on a relative scale.