Ever wonder what would happen if the police catches someone driving around with stolen

property?

Receiving stolen property, is more than mere possession. The elements or what the District Attorney must prove beyond a reasonable doubt to convict you are:

*You bought, sold, received2, concealed, withheld from the owner, or helped someone in these acts, such property that had been stolen or extorted from someone and,

*When these acts were done, you had knowledge that the goods were stolen or obtained by extortion and,

*You knew the property was in your possession or presence

As indicated, you can be charged if you help someone hide stolen property. Many times, people will sell stolen items at very low prices and for cash only from their car or truck with the serial numbers or other identifying information removed so that it is obvious the property was stolen.

Prosecutors who have insufficient evidence to charge you with stealing property may charge you with possession instead.

Definition of Receiving

You receive property when you possess it or at least have control over it. Under this code section, more than one person can have possession of the stolen goods.

You can be charged with receiving property if you enjoyed its benefits even if you did not steal it or did not buy it or borrow it or have it given to you. Riding in a stolen car that you knew was stolen can be enough if you failed to exit the car once you learned it was stolen and continued to derive some benefit from being in it.

You also may receive stolen property by deriving benefits from money that was stolen by another person so long as you knew it was stolen.

Element Of Acquiring Stolen Property

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Element Of Awareness

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Business Owners & Criminal Liability

There are people who are in the business of buying or collecting the property of others, usually for resale. These may be vendors at swap meets, pawn shops, dealers of second hand metals or materials, or persons buying, selling or receiving electronic equipment or vehicles. The court can hold these individuals criminally liable if they meet these criteria:
1.These individuals acquired the property under circumstances where they should have made reasonable inquiries into whether the seller was the lawful owner or had the legal right to sell the property, and,
2.The individual failed to make the inquiry or it was a cursory one.

Business Owners Due Diligence

If you are in the business of collecting goods or junk metals or even second-hand books, then you must do your due diligence before buying or otherwise acquiring the property. If there are suspicious circumstances that the seller cannot reasonably explain, then obtaining the property can expose the vendor to criminal penalties.

For example, if a teenager is in possession of high quality jewelry or loose diamonds and says his uncle gave it to him to sell to you, then you have to contact the uncle and receive other proof that these items were legitimately owned by the uncle and that the teen had permission to sell it.

Also, you face multiple counts of receiving stolen property for each separate occasion that you receive stolen goods. However if you received multiple stolen items in one single occasion then it is considered one offense of receiving stolen property.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.