Representing myself: ask for a DISMISSAL??

[dashmond]

Representing myself:how to ask for a DISMISSAL and when??

What is the name of your state?

Mississippi

I will be turning myself in tomorrow for bail hearing and they have nothing other than a signed statement against me for Possession of Stolen Property. I was wondering when do I ask for a dismissal, b/c there is no evidence of me ever having possession of the item. How is this presented to the judge???

 

[Ohiogal]

What is the name of your state?

Mississippi

I will be turning myself in tomorrow for bail hearing and they have nothing other than a signed statement against me for Possession of Stolen Property. I was wondering when do I ask for a dismissal, b/c there is no evidence of me ever having possession of the item. How is this presented to the judge???

A signed statement? What kind of signed statement? And apparently there is probable cause or you would not have been indicted. So you know -- I think you wont' get the dismissal based on your good looks and charm.

 

[dashmond]

Doesn't answer my question

the signed statement is from the guy i sold it to. the problem is i never had possession i was like the middle man i loaned the guy the money who bought it

 

[fairisfair]

you're kidding right???

 

[dashmond]

I'm serious

no i did not have any prior knowledge it was stolen that's what I'm being charged with that i had knowledge. We took it to the Honda shop to be fixed where we then found out it was stolen.

Mississippi law is that:

SECTION 1. Section 97-17-70, Mississippi Code of 1972, is amended as follows:

97-17-70. (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.

 

[Happy Trails]

More of the story:

https://forum.freeadvice.com/showthread.php?t=325732

This is a bail hearing, they must feel they have enough evidence to move forward.

At the bail hearing, they will decide if you should be kept (risk that you'll flee) or that you should be released on bail.

This is not the time to ask for a dismissal.

 

[dashmond]

What to DO???

I've been bonded out on 3,000 bond which I had to pay $350 no big deal.

My arrainment is on July 11, so I went to seek legal advice and the lawyer said it will be $12, 500 for him to take the case. Keep in mind this is my first offense and when I went to bond out the sheriff detective said he hates that I'm the person being charged for this, but since they couldn't find the guy that actually stole the 4-wheeler that I would be the one that's gonna have to take the fall for it.

My question is do I still need to try to represent myself or seek other legal counsel b/c I still don't have any info on what evidence they have that I ever possessed the 4-wheeler which is the charge on the warrant that they gave me for Possession of Stolen Property.

I'm at a lose for words everybody on the forum said it should be a fine or something like that b/c I mean I've never been in any type of trouble ever other than 3 speeding tickets my whole life and I don't have 12, 500 dollars.

Any help PLEASE