I've been charged w/ receiving stolen property...

[concernedguyind]

What is the name of your state? DC
I was in a pawn shop to buy a bicycle (I do this often, it's my livelihood), and the mgr. and a customer were negotiating over a bicycle. The mgr. offered the guy $70, and finally the guy refused. Since the mgr. is a friend/business associate, at this point I asked him if I could make an offer to the guy. He said yes, so I offered the guy $100 for the bike.
Both the seller and I didn't want the pawn shop to lose out, due to our existing relationships w/ it, so I offered the mgr. $20, which he accepted.
Of course, a few days later when I go to sell the bike (by posting it on the 'net), I get arrested for receiving stolen property.
My question, I guess, is did I? I didn't think the bike was stolen, otherwise the mgr. of the pawnshop, who is trained to determine if an item is stolen, had made the guy an offer, plus the seller seemed to have an existing relationship w/ the pawn shop.

 

[stephenk]

tell the police the same story you told here. they will contact the pawn shop owner regarding the customer. or you can contact the pawn shop owner and try to get the name of the customer.

Why would the police be monitoring your web posting of a $100 bike? Is the bike worth much more than what you paid?

Buying a bike worth $500 for a $100, for example, should have made you think twice about whether the seller was the real owner.

 

[concernedguyind]

I did tell police this (my) story.....

the police were going to let me go, some detective came along, and wants my hide?!
It is a $500 bike that I got for $120, but I didn't think twice because the pawn shop mgr. had made an offer (and he's pretty good at spotting what is stolen, and what is not).
And I did get the guys (sellers) name, and I'm fairly certain he is on file w/ the pawn shop, he seemed to have been on a "first name" basis w/ the mgr.
Also, if I thought it was stolen, would I have posted it for sale only a day or two later? Of course not, a thief would have waited a week, or a month, before tryin' to sell.....
errrrrr!

 

[stealth2]

Well, there ya go. We all know that pawn shops never deal in stolen merchandise. How much you wanna bet that this isn't the first stolen stuff you've gotten off your friendly pawnshop broker?

 

[calatty]

To be convicted of receiving stolen property, the prosecution must prove that you had knowledge the bike was stolen. That can be proved circumstantially. Then it is up to the jury who to believe. If you don't think you can convince a jury you had no idea it was stolen, you should consider a plea. In any case, you need a lawyer.

 

[concernedguyind]

you are correct, it's the second time I've had a "run in"...

Well, there ya go. We all know that pawn shops never deal in stolen merchandise. How much you wanna bet that this isn't the first stolen stuff you've gotten off your friendly pawnshop broker?

the first time, I had a receipt from the pawn shop, and when the person called the police, me, like a dummy, opened the door to my place and cooperated and let the police take the bike.
I was pissed because I go out of my way, and pay higher price to get my (supposedly) legal merchandise from the pawn shop. My lawyer, who I didn't have at the time, said "why'd you open the door for the police, they didn't have a warrant"....I opened my door because I thought I had done nothing wrong by buying a bike at the pawn shop.....
and this first time I didn't get charged with anything, nor did I even get a "thank you" from the police in helping get the bike to it's original owner (I lost $80 on that bike).

 

[stephenk]

"It is a $500 bike that I got for $120"

There you go. First clue the bike may have been stolen.

I suggest you no longer buy your bikes from that pawn shop.

 

[seniorjudge]

the first time, I had a receipt from the pawn shop, and when the person called the police, me, like a dummy, opened the door to my place and cooperated and let the police take the bike.
I was pissed because I go out of my way, and pay higher price to get my (supposedly) legal merchandise from the pawn shop. My lawyer, who I didn't have at the time, said "why'd you open the door for the police, they didn't have a warrant"....I opened my door because I thought I had done nothing wrong by buying a bike at the pawn shop.....
and this first time I didn't get charged with anything, nor did I even get a "thank you" from the police in helping get the bike to it's original owner (I lost $80 on that bike).

Don't bring this up at the trial, okay?

Plead not guilty. Say (at the trial) you are in the business of buying pawned bikes and then selling them. Try to find the guy who sold this bike to the pawn shop.

I believe the cops must have an eye on you for some strange reason. That's why you were caught so quickly.

 

[concernedguyind]

true, but again, the pawn shop had offered $70.....

"It is a $500 bike that I got for $120"

There you go. First clue the bike may have been stolen.

I suggest you no longer buy your bikes from that pawn shop.

and again, the seller was prepared to produce photo id, be videotaped, etc. And the pawnshop is probably the most legitimate one in my city (which makes you wonder about the others).
And I command a premium when I resell bikes because I clean them, tune them, take and put up digital pics and well written ads, on the 'net.
My concern for now is not where I'm gonna buy my next bike, it's how to keep myself out of jail (I'm 42, I have never had a problem w/ the law, except these damn pawn shop run-ins).

 

[concernedguyind]

I won't bring it up, but the police will?!.....

Don't bring this up at the trial, okay?

Plead not guilty. Say (at the trial) you are in the business of buying pawned bikes and then selling them. Try to find the guy who sold this bike to the pawn shop.

I believe the cops must have an eye on you for some strange reason. That's why you were caught so quickly.

The thing I'm sure of, is that the way pawn shops report their merchandise to the police is absolutely broken, if you took 100 stolen bikes to the pawn shop, 99 or 100 of the bikes would clear the police dept.
And I have cooperated to the best of my ability, and I told the police, and it's true, that I had never met the guy I bought the bike from.

 

[concernedguyind]

isn't the common law definition of receiving stolen property...

that you had to have "known, or nearly known, not be merely suspious" that an item was stolen? At least that's what I got off of MSN's Encarta site.
I....wasn't even suspious that the bike was stolen, otherwise, why would I have bought it in a pawn shop, in front of at least 7 people, and while being videotaped, etc.

 

[concernedguyind]

Moments before my preliminary hearing today.....

the prosecutor asked my lawyer if I'd be interested in working out a deal to knock the charge down to a misdemeanor....my lawyer said I should, and we went before the judge and signed a "waiver of preliminary hearing"......
but all my instincts were to get up and try to convince the judge that I'm innocent.....
did I do something dumb by signing the "waiver"?......

 

[seniorjudge]

He said yes, so I offered the guy $100 for the bike. Both the seller and I didn't want the pawn shop to lose out, due to our existing relationships w/ it, so I offered the mgr. $20, which he accepted. Of course, a few days later when I go to sell the bike (by posting it on the 'net), I get arrested for receiving stolen property.


I am not sure how you can possibly think you are innocent of receiving stolen property since you admitted to it in your first post.

 

[stealth2]

I am not sure how you can possibly think you are innocent of receiving stolen property since you admitted to it in your first post.

But he didn't knooooooooooow it was stolen! Am I the only one who gets the feeling that the $20 to the owner was so he'd keep his mouth shut 'cause he knew it was hot?

 

[codered911]

But he didn't knooooooooooow it was stolen! Am I the only one who gets the feeling that the $20 to the owner was so he'd keep his mouth shut 'cause he knew it was hot?

I was wondering how long this thread was going to go one before someone caught on. Nice work detective .