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  • Under Penal Code 496, the crime of Receiving Stolen Property

  • is when you take possession of property that you know

  • is stolen or that you reasonably should know is stolen,

  • and I'll give you an example.

  • Let's say my buddy Jim goes down to Best Buy

  • and he steals a laptop.

  • Now, Jim could be charged with theft or burglary

  • because he actually stole the laptop.

  • But let's say he brings it over to my house and he says, look,

  • I just stole this laptop.

  • Can I keep it here?

  • Will you hold it for me for a while?

  • And I say, yeah, sure, I'll hold it for you.

  • The police later come to my house, they discover it.

  • Now I'm not liable for theft or burglary,

  • because I didn't actually steal it.

  • But I could be liable for receiving stolen property,

  • since I took possession of the stolen goods knowing

  • that they were stolen.

  • Now Penal Code 496, Receiving Stolen Property,

  • used to be a wobbler, and that meant

  • that the prosecutor was able to file it as a felony regardless

  • of the value of the merchandise.

  • That all changed in November 2014 under Proposition 47.

  • Under Proposition 47, if you receive

  • stolen property and the value of that property is $950 or less,

  • then it can only be filed as a misdemeanor

  • and it carries a maximum sentence

  • of one year in county jail.

  • If the value of the property is more than $950,

  • then it can be filed as a felony and as a felony

  • carries up to three years in county jail or state prison.

  • Moreover, a conviction for receiving stolen property,

  • whether a misdemeanor or a felony,

  • looks really bad on your record.

  • It's a red flag for employers.

  • Because a prospective employer sees it and thinks,

  • well, is this person dishonest?

  • Are they trustworthy?

  • Are they up to no good?

  • Would they be a liability in the workplace?

  • So to the extent that you've been charged with receiving

  • stolen property, you want to do everything

  • you can to fight that case and keep it off your record.

  • And here at Shouse Law Group, we've

  • had a lot of success in defending clients

  • who were facing these charges.

  • So first of all, it may be that the police discovered

  • the stolen property by way of an illegal search or seizure.

  • Maybe they searched your house without a warrant.

  • Maybe they pulled you over and searched your car

  • without probable cause.

  • In these situations, many times we

  • can run what's called a suppression motion in court

  • and convince the judge to exclude the evidence.

  • Moreover, it may be that you didn't even know or realize

  • that the property was stolen.

  • We had a case where the police found some bicycles

  • at our client's home and they turned out to be stolen.

  • Our client was arrested for receiving stolen property.

  • The fact is that our client was merely holding

  • these bikes for a friend and didn't realize

  • that the friend had stolen them.

  • We were able to convince the prosecutor in the court of this

  • and ultimately get the charges dismissed

  • and keep it off of his record.

Under Penal Code 496, the crime of Receiving Stolen Property

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"盗品の受領」(刑法496条PC ("Receiving Stolen Property" (Penal Code 496 PC))

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    Amy.Lin に公開 2021 年 01 月 14 日
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