Legal Question in Business Law in California

Re: Receiving Stolen Property over 400.00 dollars, FELONY

I am not a criminal attorney nor do I practice law in the wonderful state of MN. You might want to re-post your question under the "criminal law" section for MN. That said, and providing just an educated guess, I would think that the prosecutors bear the burden of showing beyond a reasonable doubt that the person who received the goods knew or should have known that they were stolen, not the other way around. It depends what MN law is, I suppose. Also, if the person had a regular pattern and practice of doing business with the other person and there never had been a problem before and all goods supplied were reputable, that should also help. Good luck!

Re: Receiving Stolen Property over 400.00 dollars, FELONY

One of the elements of this crime is knowledge that the goods were stolen. The prosecution must prove beyond a reasonable doubt that the defendant had such knowledge. The fact that the prosecution is going after him suggests that they believe they can meet this burden, but the defendant need only raise a reasonable doubt in the minds of the jurors.

Technically, this is not a defense. A defense is something the defendant must prove in order to be acquitted, but here he would be attacking the prosecution's offer of proof instead. Where the prosecution doesn't prove every element of its case beyond a reasonable doubt, the defendant doesn't have to put on a defense at all.

He may have other arguments available as well, but you have not provided enough facts to suggest what they might be.

Re: Receiving Stolen Property over 400.00 dollars, FELONY

The prosecution has the burden of proof on a receiving charge, however, your defense depends largely on the specific facts. You can be convicted on circumstancial evidence. This means that when the mom says to the kid did you eat the cherry pie and he says no, the mom knows he did because he has a band of red around his mouth and on his hands even though she didn't see him actually eat the pie. You should discuss this confidentially with an attorney.

Lee

Re: Receiving Stolen Property over 400.00 dollars, FELONY

That would be the SOGDI defense - Some Other Guy Done It.

Quit surfing the net and get to a lawyer.