How to get a dismissall of Poss. of stolen property

What is the name of your state?

Mississippi

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Indicted on possession of stolen property:

I was given this info on Friday and just wanted some help if any how to handle this.

The charge came from me showing a friend of mine a 4-wheeler for someone whom I had worked with and my friend bought it from the guy. A couple of days later the 4-wheeler overheats and he asks me if I know someone who can check it out for him? I send him to the Honda dealership and the 4-wheeler comes back as stolen. So he is questioned and he says I showed him the 4-wheeler so then they ask me to come in for questioning. I give them the name of my former co-worker and that is it from them for about 3 months until Friday when they called me with the news that I had just been indicted for possession of stolen property.

My question is how did I get charged for possession of stolen property when I never had or took possession of the 4-wheeler. And they have only the guy who had it in his possession when they found it saying I showed it to them. And when should I request for a dismissal on lack of evidence or can I even do that.

I have to turn myself in by Thursday 6-22-06 could you please help me please.

Here is the statue on this in Mississippi:

MISSISSIPPI CODE OF 1972
As Amended

SEC. 97-17-70. Receiving stolen property.

(1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.

(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

(3) Any person who shall be convicted of receiving stolen property which exceeds Five Hundred Dollars ($500.00) in value shall be committed to the custody of the State Department of Corrections for a term not exceeding ten (10) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(4) Any person who shall be convicted of receiving stolen property which does not exceed Five Hundred Dollars ($500.00) in value shall be punished by imprisonment for not more than six (6) months or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

SOURCES: Laws, 1993, ch. 359, Sec. 1; Laws, 2003, ch. 499, § 4, HB 1121, eff from and after July 1, 2003.

PREVIOUS VERSIONS: Pre-2003


Chapter Index | Table of Contents

from the statute:
knowing that it has been stolen or having reasonable grounds to believe it has been stolen

The Prosecutor has to prove you knew, or should have known, it was stolen.


Turn yourself in.
On the first court appearance, you will have an atty appointed to represent you, if you are not able to hire a private atty.
Your atty will receive the discovery which will include the police report which should show how they figure you had knowledge the 4-wheeler was stolen (probably your statement).

From there, the fight is on - they have to prove you knew it was stolen.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.