theft of construction trailer

[tinabjor]

What is the name of your state? Minnesota

Our construction trailer was broken into. The next morning I went to a pawn shop to alert them of the $5000 worth of tools that were missing. I found an employee there that we just fired - he was pawning our tools. I called 911. He was later arrested, his house searched. Half of our tools were found at his residence. He is charged with Receiving Stolen Property and Possession of Burlary Tools (bolt cutters, etc in his truck when arrested). He claims he did not do it, but told a friend where our trailer was located and his friend actually broke into it. To make matters worse, the trailer was located in a different county than where he was arrested or lived. Can he be charged with another crime in the county where the trailer was located?

 

[vernon2g]

Im no lawyer or nothing actually in trouble myself but I believe the saying goes "you can not be charged twice for the same crime" they even made a movie about it called "double Jeopardy".

 

[brake pedal]

construction trailer

Sorry to hear about your trailer. BTW don't pay any attention to the previous poster. He came on here a few days ago. He’s actually in a little trouble of his own. See thread:

https://forum.freeadvice.com/showthread.php?s=&threadid=142258



Ok as for the stolen goods charges already in one county and the actual burglary in another. The actual burglary itself he could be charged with, in the county it happened in only.

As for the receiving of stolen property in one county;
He cannot be charged in the other county for the possession of the exact same stolen goods. But if he is caught, in the other county, with other stolen goods from your trailer, then he can be charged again in that county. He would be in possession of goods other than what he had already been charged with, and the possession occurring in another county. It’s a stretch of the law but it can occur.

I hope you followed that. Simply you cannot be charged in both counties, for the same crime. If he is found with part of the goods from your trailer in one county, and then is found with another part of the stolen goods, in another county. In that situation he could be charged in both counties. For the receiving stolen goods charge,only.

Hope this helps. It’s confusing to explain.

 

[vida]

Am I missin' somethin' or are you repeating essentially the same information the person you said not to listen to stated?

 

[JETX]

Vida asked, "Am I missin' somethin' or are you repeating essentially the same information the person you said not to listen to stated?"
*** No, you are not missin' somethin'. You are completely wrong. The first poster said that the suspect couldn't be charged for the crimes (as to double jeopardy). The second poster said that the suspect could be charged in both counties but for different crimes. These are two entirely separate responses.

 

[vernon2g]

So basically what I said since he is already being charged in one county that they cant try him again in another county for the same crime. Now if theres a seperate charge in the other county then they can try him for a different charge there. Hope this isn't to confusing for you but the only real way is to get in contact with the prosecuter and see if he will be charged with something different in the other county. That way you know and not hoping.

 

[tinabjor]

trailer

Thanks alot for the replies everyone. I didn't want to start a war. I just want to make clear my question to begin with:

Our construction trailer was located in County A. It was broken into (hasp was cut). The Sheriffs from County A were notified and came out to investigate.

The same morning, I traveled to County B and found the employee trying to pawn the tools we were just robbed of the night before. He was arrested shortly thereafter in County B. When he was arrested, he had bolt cutters, crow bar, etc. in his truck. A search was conducted on his home, also located in County B, and 1/2 of our property was recovered. In County B, he is charged with receiving stolen property and possession of burglary and theft tools.

County B had indicated to us that there would still be charges pending from County A. I'm a little confused. Could he still be charged with the actual break in and charged with something like non-residential Burglary or theft. Wouldn't this be a different charge than what he is facing in County B?

Thanks again for your replies.

 

[JETX]

Yes, and yes. As pointed out in my earlier post.