Receiving Stolen Property

[bcs24hrs]

What is the name of your state?What is the name of your state?What is the name of your state? OHIO,

Recently my brother was charged with receiving stolen property. The facts, I need to know if Federal Rule, or Case law can apply. In the state of Ohio the only person that can value a computer when it relates to a theft and it has been recovered is the owner. However the police officer valued the computer. There was a case in Ohio, I however I lost the case. Where it state that a police officer can't value a computer because they do not have the technical expert knowledge. Can anyone find me any information regarding this matter and reference the case, or federal rule ect.

 

[CdwJava]

The value in the police report is just an estimate. The court will rule on the value for terms of restitution, damage, and/or level of charging at some point during the process.

Tell your brother to talk to his attorney - he should know what the process is to get a closer evaluation if it means the difference between a serious charge or a not so serious one.

And if it does NOT make the difference between the nature of ther charges (like the $400 threshold in CA) then the real value is likely irrelevant until or unless the matter comes up for restitution.

- Carl

 

[bcs24hrs]

receiving stolen property

My brother was charged with a felony 5, however the computer is only valued at 200.00. The officer valued the computer to $800.00 which was got an indictment. The officer never consulted the owner of the computer regarding the value. Moreover I was told that there is a case law or federal rule that states an officer cannot value a computer because they do not have the expertise. I need to find this case law or federal rule, I will pay money if you or any one can find this case law or federal rule. Because I would like his attorney to file a motion to dismiss, based on a case law or federal rule relating to an officer not allow to value a computer. I am in Ohio

 

[CdwJava]

It MIGHT be an Ohio rule, but it is not any guiding federal court decision I have ever heard of. And I would doubt that is Ohio case law either. We (the police) make assumptions on the value of an item all the time. It is NOT an expert opinion and it is NOT controlling. For restitution there woul dhave to be an accurate valuation made - usually by the probation department prior to sentencing (at least in CA).

His attorney should be able to move to either dismiss or reduce the charge to an appropriate one (petty theft or the equivalent, I suppose) based upon the value of the item as determined by the going retail value or the value paid by the owner.

- Carl

 

[bcs24hrs]

Thank you for your advice, I felt the police officer valued the computer to $800.00 to get an indictment the computer was an old dell c150 without a cd rom. And they used a two time convicted felon (he was a confidential informment) to set him up the felon was a subcontractor of his who asked him to pick up a computer to order pairs and two days later called him and asked him could he get the computer back, when he met him he retrived the computer himself he got it out my brothers truck then when he had the computer in his posssession he asked about the cost and my brother said it was 200 for ordering parts, and the felon gave him 50.00. My brother excepted the 50.00 as a deposit for payment toward the parts. The next day my brother got arrested and charged.

Is the any case law that can be used to filed with the court to asked that the case be dismissed.

Also is there any case law against using a conficted felon as a confidential informment or set someone up?

Respectfully,

 

[CdwJava]

What did his attorney say about this?

Again, his attorney would know if there is any case law on this. There is none that I know of out this way - it is usually handled in a motion by the defense to amend the charges. However, the VALUE of the item may be irrelevant to the charges he faces, so it may not matter until or unless he is convicted and faces fines and restitution.

EDIT: And, by the way, I can't find that Dell ever made a computer model C-150. Could it have been an NEC or some other brand?

And if it is an NEC Versa C150, it is worth considerably more than even the $800.

- Carl

 

[bcs24hrs]

Receiving stolen property

The laptop is a dell c510, without a cd rom, also what about the issue of the convicted felon being a confidential informant

 

[CdwJava]

The laptop is a dell c510, without a cd rom, also what about the issue of the convicted felon being a confidential informant

A convicted felon CAN be a confidential informant. The reliability of the informant can be challenged in court, however.

Additionally, after checking a couple of local sources and the internet - even minus the CD/DVD drive - the Dell C510 would sell for between $450 - $700.

- Carl

 

[bcs24hrs]

Receiving stolen property

Thank you, do you think it's best to go with a jury or bench trial. And also do you think my brother should testify.