Tuesday, March 24, 2015

Stolen car found in my garage what charges am I facing

Question

Stolen car found in my garage what charges am I facing



Answer

That really depends. A lot more facts is needed before an accurate answer can really be given. How do you know the car is stolen? If the car literally just appeared in your garage without any knowledge as to how it got there, then it is unlikely you could be charged with anything. If they believe you had something to do with stealing the vehicle, either before or after, you could be charged as an accomplice to stealing the car or you could be charged with being in possession of stolen property if you knew the car was stolen or had reason to believe it was stolen. Again, this will heavily depend on the facts. Contact the police and a lawyer if necessary.



Answer

Receiving and concealing stolen property may fit this situation. In regard to speaking with the police be very careful. Contact with the police should be done through your attorney. As a former police officer I can tell you they are not there to help you. They will focus on gathering evidence to prove their theory of the case. I have represented many people in your situation pre-charge and post charge phase with excellent results. Contact me for more information I would be happy to assist you and / or give you some free advice.



Answer

Receiving or Concealing a Stolen Motor Vehicle is a felony that carries a maximum penalty of up to 5 Years and/or $10,000.00 (or 3 times the value of the motor vehicle, whichever is greater). Merely having a stolen car in your garage isn't enough evidence to convict you. A prosecutor must also prove beyond a reasonable doubt that you knew or should have known that it was stolen. Whether you are incarcerated at all for this crime, whether you get probation or jail or prison, etc. depends on a large number of factors that your limited posting does not answer: (i) Your prior criminal record of juvenile adjudications, or adult felony or misdemeanor convictions; (ii) whether you were on probation or bond when this occurred; (iii) whether this is a one felony count case or results in multiple felony convictions; (iv) facts about this event including the vehicle's value, whether you exploited a vulnerable victim in order to commit this crime, whether other felonies occurred at the same time for which you will not be convicted, whether this property crime is part of a pattern of three or more other felonies in the last 5 years, whether you were a leader in a multiple defendant event, etc. All of these issues are weighed in calculating the felony sentencing guidelines, which help the judge determine your minimum incarceration term. Another factor: which judge you have for sentencing, because some have certain tendencies (to be lenient or to be harsh).



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