PC 496D (a) Charge

[jb6x3]

What is the name of your state (only U.S. law)? California
I recently was arrested after the police came to my house about a stolen

car that i had purchased from a third party just days prior. I was made to

believe the car was owned by the person that sold it to me. I bought what

was sold to me as a parts car that was not running and look like it had

scavenged through for a while it had to be towed to my residence see i was
running ads ISO a Honda motor for my car i just needed the engine only but

the guy was selling it as a whole car and not parting things out so i bought

the whole car i got a bill of sale but the Title was lost according to the

man i didn't make a fuss over it because again i was only after the motor and

figured getting a new title cant be that hard to get. so nothing seemed to

strange about the car or the sale i have bought 4 or 5 car with the same

issue with the titles to them.
So one day i turned the corner to my house to find there are several cops at

my house i get out of my car and am approach by a cops and questioned about

the car i told them the details about the purchase but the problem was i

didn't have the title and the keys to the car there was 3 keys on the key

ring well after the officers pointed this out to me there was 2 other keys

that was "shaved" and the third one was a regular key i told the officers

the truth that was that when i got the vehicle the car was un hooked from

being towed and pushed into my driveway and key removed and thrown in my

bedroom i never really examined them up until they had examined the keys

that day so between the keys and the title not being in hand i was arrested

and charged with PC 496 D(a) i tried to tell them about the man who sold me

the car and was going to give them his phone number but they didn't care who

i got the car from. Also they wanted to search my home because they said

they need the license plates to the car i said i got the car in piece's so i

don't know where the plates were if there ever was some that is what i told

the officers and they never recovered the plates from my home ?(why did they

need the plates) i know in California they passed prop 47 that any theft of

property $1000 or less is not a felony is that something i should ask my P.D

for i have to go to court today and i don't want any charge to be honest i

did not know it was stolen nor did i steal it but i don't know what to ask

for please help

 

[Zigner]

There are so many red flags that your story just doesn't seem plausible to the average person. You need an attorney. Speak only with said attorney. Don't go online detailing the crime...don't talk to your buddies about it...don't talk to your parents about it. Only speak with the attorney.

 

[Silverplum]

I take it that post disappeared.

Yep. And Zig's advice in this thread was entirely correct and on-point, as always.

 

[whowelookinfor]

i guess you get what you pay for

when has an attorney given advice for free?
A legal consultation, which is sometimes provided at no-charge (see tabbed link in sub-header above "Free Case Evaluation), is a sales pitch, as well.
betcha ALL of the advice posted on FreeAdvice.com results in lining the pockets of "said attorney". professional courtesy, of course.

 

[xylene]

You cannot buy a car without a title transfer, even a 'parts car'.

 

[I'mTheFather]

when has an attorney given advice for free?
A legal consultation, which is sometimes provided at no-charge (see tabbed link in sub-header above "Free Case Evaluation), is a sales pitch, as well.
betcha ALL of the advice posted on FreeAdvice.com results in lining the pockets of "said attorney". professional courtesy, of course.

Yep, I guess you do get what you pay for... a stolen car with no title.

 

[I'mTheFather]

Just realized this thread is 6 months old.

 

[Silverplum]

Just realized this thread is 6 months old.

Same troll as last night, and posts were removed. Somehow, mine remained!

 

[whowelookinfor]

Ridiculous.

You cannot buy a car without a title transfer, even a 'parts car'.

First of all, I shouldn't have to remind any senior member to pay attention to word chosen when attempting to make their point, rather, argument.
You cannot live forever. But you can buy a parts car, even with out a title. It is a very commonly practiced legal situation which requires checking the box on the vehicle registration form at CA Dept. Motor Vehicles that reads paperless transfer of title, it requires that the new owner provides at least a written bill of sale, WHICH WAS PROVIDED. The person asking for legal advice only stated that this salvage parts (or be it how he beieved) purchase was made days prior to the possibly unfounded search of his property where said stolen vehicle was found. If it had been within the 10 days CA DMV provides grace period to accomplish this transfer, then he is not guilty and quite possibly a victim of harassment which is so common in his area, the civil procedure laws are almost nonexistent.

He should not need an attorney to defend his case, the Deputy District Attorney at the Victorville Superior courthouse (I don't know if Apple Valley has their own location, i doubt it) should have, and with any interest in justice, dismissed this cas when he, if he read the complaint. The incident took place about 6 months ago, so it may have never actually made it to be filed with the courts. But if you have any knowledge of the way this county's justice system holds it proceedings...it is probably getting postponed if they haven't already convinced this "hardened criminal" to plea bargain his way out of hard prison term. I hope he exercises his civil right to a speedy trial, if the case were filed.
And if he has been to the box, as they say...I hope the public defender made the obvious motions to supress, dismiss and quash.

 

[justalayman]

whowelookinfor;3381319

If it had been within the 10 days CA DMV provides grace period to accomplish this transfer, then he is not guilty and quite possibly a victim of harassment which is so common in his area, the civil procedure laws are almost nonexistent.

you don't have nearly enough facts to even venture a guess whether he is guilty or not. A receipt in itself doesn't mean squat.

He should not need an attorney to defend his case,

he would be a fool to not have an attorney

but beyond anything else, even a receipt does not make an illegal car legal. OP could still be charged, depending on the facts of the case. To consider dismissing this based only on what was provided here is ridiculous. Not nearly enough information to know one way or the other.

 

[whowelookinfor]

Yep. And Zig's advice in this thread was entirely correct and on-point, as always.

Zig's advice was bullyish advertising for the entire legal system of counsel. (Keep quiet about this so no one whom knows that your basic civil rights were violated, along with all kinds of civil procedure laws. The CA vehicle codes were mocked, by simply charging him with pc496!

"...don't speak with your buddies about it, don't speak with your parents about it..."
Yeesh, yeah, only do what your attorney directs you to do after you she'll out the cash, because he has your best interest in mind. Because he doesn't want you to have to feel the burden of the cost of going through to trial, he wants the DA to drop the charges before any motions are made. Because he is your criminal defense attorney.

 

[I'mTheFather]

Zig's advice was bullyish advertising for the entire legal system of counsel. (Keep quiet about this so no one whom knows that your basic civil rights were violated, along with all kinds of civil procedure laws. The CA vehicle codes were mocked, by simply charging him with pc496!

"...don't speak with your buddies about it, don't speak with your parents about it..."
Yeesh, yeah, only do what your attorney directs you to do after you she'll out the cash, because he has your best interest in mind. Because he doesn't want you to have to feel the burden of the cost of going through to trial, he wants the DA to drop the charges before any motions are made. Because he is your criminal defense attorney.

Wow. You sound like you have a quite a story to tell. How about you write a book?

 

[justalayman]

Zig's advice was bullyish advertising for the entire legal system of counsel. (Keep quiet about this so no one whom knows that your basic civil rights were violated, along with all kinds of civil procedure laws. The CA vehicle codes were mocked, by simply charging him with pc496!

"...don't speak with your buddies about it, don't speak with your parents about it..."
Yeesh, yeah, only do what your attorney directs you to do after you she'll out the cash, because he has your best interest in mind. Because he doesn't want you to have to feel the burden of the cost of going through to trial, he wants the DA to drop the charges before any motions are made. Because he is your criminal defense attorney.

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.

 

[whowelookinfor]

Yes, a fool, for asking for legal advice when he may have been the victim, from both

you don't have nearly enough facts to even venture a guess whether he is guilty or not. A receipt in itself doesn't mean squat.

he would be a fool to not have an attorney

but beyond anything else, even a receipt does not make an illegal car legal. OP could still be charged, depending on the facts of the case. To consider dismissing this based only on what was provided here is ridiculous. Not nearly enough information to know one way or the other.

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.

 

[I'mTheFather]

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.

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