Sometimes the guilt of the innocence is punishable by jail time. One of these instances is when theft and receiving stolen property is in the accusation. If you are accused of accepting and in the possession of stolen property you could be charged with a crime and you need to know what your rights are.
However, if you unaware that the property you have received is stolen then the legality of your guilt is shadowed. When this happens, many times it is a he said, she said type of scenario. There is a burden of proof by the law to confirm that you were aware the property was stolen.
If this property is over five thousand dollars then this is a felony. Less than this amount it is a misdemeanor. The amount of worth of the property is the first determinant of your guilt and ability for a prosecutor to follow through and prosecute you for a felony or misdemeanor.
The prosecutor also has the burden to prove that you knew that the property was stolen. They also have to prove that you knowingly concealed the fact that you had the property. These facts are their responsibility. If you have proof that you were not aware the property was stolen, then it is your theft defense attorney’s job to prove it.
In certain states the crime is separated between receiving stolen property and possession of stolen property. You will typically be charged for each count and you could be convicted of one or both of these crimes. The prosecutor will usually go for both counts and see if you can be convicted of at least one.
These kinds of charges can be a life changing event. If you not aware of your receipt of stolen goods and then at a later date realize that you are then you need to consult a Houston theft defense lawyer immediately. They can guide you through what you need to do in reference to admission of this fact and how to return the property. Cooperating with authorities is your best bet in keeping yourself out of trouble as soon as you become knowledgeable of the situation.
The best thing to do in regards to these offenses is to seek out a criminal attorney if you have not already. Get one that specializes in these types of crimes. If you are associated with the person who has stolen the property it may be in your best interest to not share the same attorney.
Mr. Gonzalez is a Houston Criminal Lawyer and pens general articles about legal topics. None of his articles are meant to be legal advice. If you have been accused of theft in the state of Texas, please contact a Houston theft defense lawyer to aid you with your case.
