How to Beat a Charge of Possession of Stolen Property

Being accused of possession of stolen property can be daunting. But you still have some choices. Knowing what to do and how to protect yourself is crucial. If you're accused of this crime, the first step you should take is to obtain appropriate legal representation. A Frisco theft lawyer can analyze your case, protect your rights, and guide you through how the law works in Texas.

Most individuals are not aware that they can be arrested for a crime even when they did not steal anything. Possession of stolen property can send you to jail. Texas law requires that the determinative issue is whether you knew or had reason to know that the property was stolen. That is why it's of very high importance to know what you did or did not know when.

What does Possession Mean?

You may be prosecuted even if you did not have the stolen item on your person. Control is also considered possession. If you have stolen property in your car, your home, or on your property, prosecutors can verify that you had "constructive possession." That is why you must be careful with whom you permit to leave things on your property. Even if you hadn't participated in the stealing, you could be charged with receiving stolen property.

To defend against the charge, your lawyer will look into where the stolen property was found. If you didn't know that it was there or didn't have access to it, that would be a good defense.

You Did Not Know the Item Was Stolen:

One of the favorite defenses is ignorance. Texas law is that you're guilty if you knew the item was stolen, or if you knowingly ignored clear indications that it was. That's a big difference.

Suppose they sold you a designer watch for $20. Or they wouldn't provide you with a receipt. If you didn't ask and try to verify the seller, the court will instruct you that you were blinding yourself to red flags. But if you asked for identification and got a reasonable explanation, you can show good faith. Your Frisco theft lawyer will aid in the procurement of documents and witness statements to prove you made efforts to verify the source of the property.

The Property Wasn't Stolen After All:

It sounds ridiculous, but sometimes individuals are accused when the item was not stolen initially. This happens during family disputes, roommate scenarios, or business conflicts. In case your lawyer can demonstrate that the other individual lacked complete ownership, or that they provided you with consent to remove or utilize the item, you possess a solid case.

Paperwork, texts, emails, and even voice communications can be beneficial to your case. Your lawyer will also examine whether the prosecution even has the ability to establish that the property was actually stolen to begin with.

You Were Forced to Obtain the Property:

In other cases, people are threatened or coerced to take or hide stolen property. If someone pressured you into taking the item by means of fear, threats, or violence, you may be able to argue you didn't do it voluntarily. This is called the "duress defense." It's hard to prove, but if you can bring it into play in your situation, it could greatly alter the verdict.

You Never Had Real Possession:

Sometimes individuals get wrongly blamed for something because stolen items turn up around them. It is possible that the police found something at a roommate's place or in a friend's pocket in your car. In case you were unaware of the item or did not possess it, your lawyer can argue that you never had constructive possession.

This is especially true in multi-person cases. Prosecutors will have to prove that you were aware the item was stolen and had it in your possession. If they are unable to prove that, the charges could fall through.

Obtain Proper Legal Counsel:

To effectively fight these accusations, you need a lawyer who knows federal and state criminal law. A seasoned federal criminal defense lawyer in Frisco, TX, will be capable of analyzing your case, investigating evidence, and refuting the prosecution's charges.

Every case is different. The value of the property, the manner in which you obtained it, and what you did afterwards all come into consideration. A seasoned attorney from L and L Law Group can help you avoid jail time, reduce your charges, or even get the case dismissed.

It does not mean that you are guilty when you are accused of possession of stolen property. There are many ways to defend the charge. From proving that you did not know the object was stolen to demonstrating that you never actually possessed it, your case relies on the circumstances.

Don't wait. Seek legal help today. Speak with a Frisco theft lawyer who will walk you through your options and help you build a strong case. And if your case involves federal charges, having the best federal criminal defense attorney on your side is essential. Your life is just too important to gamble with. Let a seasoned legal team guide you through it every step of the way.