Legal Question in Criminal Law in California

receiving stolen property/grand theft auto

if a person receives stolen property and is arrested for this. After being asked for bill of sale, is there any responsibility for him to answer now or later up to and including the date of the trial?


Asked on 2/15/01, 1:16 am

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: receiving stolen property/grand theft auto

You have a 5th Amendment Right not to assist the police or sheriff in their investigation. This right extends to the trial and you have the right not to testify in your defense at the trial.

Of course if you have any evidence that helps prove your not guilty, it would be wise to show this to your attorney. The usual way we become suspicious of purchasing stolen property is that the price is too good. So there may have been circumstances that did not put you on notice that the property had been stolen. So discuss the facts thoroughly with your attorney.

However, if you are guilty and you tell this to your attorney he may not assist you in lying under oath. And he/she can't put you on the stand at the trial. So if you insist on tetifying he then must ask to be releaved. Which will be granted. He can't tell why so you'll get a new attorney and the matter will proceed. That's why O. J's. attorneys never asked him if he killed his ex-wife. They didn't want to know. Because they may have wanted to put him on the stand to testify.

So exercise your 5th Amendment Rights. A lot of people have died getting and defending those rights.

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Answered on 3/30/01, 9:42 am


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