Legal Question in Criminal Law in Pennsylvania

Receiving Stolen Property - Motor Vehicle

A client purchased a motor vehicle which the prior owner swore was unaltered. Subsequently, during aroutine traffic stop the vehicle was confiscated, impounded, stripped, and analyzed. The client was informed that he has been charged with "Receiving Stolen Property", because of purchasing a stolen vehicle, and that the V.I.N. numberwas altered. The vehicle is of 1978 vintage, and has passed through a series of owners since supposedly being reported stolen. Does the client have a defense? What is it? What does the client need to support his defense?


Asked on 3/06/00, 11:38 am

1 Answer from Attorneys

Re: Receiving Stolen Property - Motor Vehicle

First, look to the statute he is charged under. Chances are it is an intent statute, so he would have had to have knowledge it was stolen, unless, for example, it is clear the car was worth $4,000, and he paid $400.

YOU do not have to prove innocence, the prosecutor must prove guilt beyond a reasonable doubt.

What was the vehicle worth? Was it obvious the car had been stolen (and BE OBJECTIVE)? Again, if it should have been obvious that the vehicle was stolen, you will need to �prove� your client is really stupid, and therefore did not knowingly purchase a stolen vehicle.

What is the motivation for the prosecutor in filing the charges? They don�t usually file them in this type of situation unless they believe your client knew it was stolen, OR they want something out of him. Do they need him to roll on somebody, or are they after him for other reasons?

Figure it out, and get a criminal attorney.

Kevin J. Begley

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Answered on 3/20/00, 2:32 pm


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