Other Criminal Charges & Offenses Purchased dirt bike off craiglist

[Stfinish]

Jurisdiction

California

Husband bought a dirt bike for 150$ and traded his old dirt bike also for the newer one well he got into a accident when the cops ran his VIN number the bike came back stolen he had no idea it was stolen but since he was hospitalized from dirt bike accident the cops didn't take him to jail thank God anyways I looked up his name on the San Bernardino county court website and they filed against him on4/19/2017 for the charges pc496d and vc10851 is there anyway these charges can get dropped especially when he had no clue that it was stolen

 

[leslie82]

Husband bought a dirt bike for 150$ and traded his old dirt bike also for the newer one well he got into a accident when the cops ran his VIN number the bike came back stolen he had no idea it was stolen but since he was hospitalized from dirt bike accident the cops didn't take him to jail thank God anyways I looked up his name on the San Bernardino county court website and they filed against him on4/19/2017 for the charges pc496d and vc10851 is there anyway these charges can get dropped especially when he had no clue that it was stolen

Your husband needs to get a lawyer asap. Doesn't matter if he didn't know it was stolen. But a lawyer could possibly help get these dropped.

This is why people should never, ever do anything on Craigslist. Don't buy things off there. Don't hook up with people from there. It's a cesspool.

 

[army judge]

Husband bought a dirt bike for 150$ and traded his old dirt bike also for the newer one well he got into a accident when the cops ran his VIN number the bike came back stolen he had no idea it was stolen but since he was hospitalized from dirt bike accident the cops didn't take him to jail thank God anyways I looked up his name on the San Bernardino county court website and they filed against him on4/19/2017 for the charges pc496d and vc10851 is there anyway these charges can get dropped especially when he had no clue that it was stolen

I didn't bother to look up legal citations for the charge(s) lodged against him.
In answer to your question, possessing stolen property doesn't require "specific intent" as do some crimes.

Whenever you buy ANYTHING from an unknown, untrusted source (as in Craigs List or the street corner down by the warehouse district) you run the risk of buying stolen or purloined goods.

California law describes receiving stolen property law, "Penal Code 496" as a crime if you buy, receive, conceal, sell, or withhold from the owner; any property that has has been stolen.

A PC 496 receiving stolen property conviction can lead to either misdemeanor or felony penalties.

Here's the rub, OP:
Possessing any stolen goods is a crime in whether an individual has bought, been given, or acquired stolen goods some other way (other than they themselves having stolen them).

Your hubby acquired the bike legally, but that doesn't matter according the the law in CA and other states.

He needs to plead NOT guilty, don't try to explain or discuss how he came into possession of the property, you should get a copy of the ad on Craigs List (if you can), he then asks the court of he qualifies for a public defender, he discusses how he got the item(s) with his lawyer ONLY, and allows the legal process to run its course.

If he has prior theft related convictions, serious felonies, is on parole or probation, its even more important for him to keep his yapper closed.

Possessing stolen property is what prosecutors and cops call a "wobbler" offense in California and how you are charged depends on the value of the property or the money embezzled. If $950 or less, it is a misdemeanor. If over that amount, it is within the prosecutor's discretion to charge a felony, which is 16 months, 2 or 3 years in jail.

It also depends on if you've made enemies over the years, and have a history of committing crimes, especially felonies.

 

[army judge]

This is why people should never, ever do anything on Craigslist. Don't buy things off there. Don't hook up with people from there. It's a cesspool.

Amen, hallelujah, amen, thank you blessed baby Jesus.
I am your witness.

 

[Highwayman]

Woe is me, another Craigslist horror story. Will wonders never cease?

 

[army judge]

Woe is me, another Craigslist horror story. Will wonders never cease?

My friend, it never seems to end, does it?

I don't know which is worse, buying stuff off of Craigs List, dating someone off of Craigs List, or renting a room in your home to someone.

Can you help me choose the ones I shouldn't do?

 

[mightymoose]

The charges are serious and legal representation is necessary, but the 10851 won't sick without significantly more evidence than mere possession.
The 496d requires that the buyer have knowledge of the theft and knowingly conceal, etc. If evidence exists to prove he had knowledge, OR SHOULD HAVE KNOWN, then this could be a big problem.
My bet, if things are as simple as you say they are, is that nothing comes of this.
I assume he never gave the police a statement due to being hospitalized. If he didn't then there is even less to use against him.
If he made incriminating statements or attempted to flee then those would be used to show he had knowledge of the theft. Unless you've left out details it doesn't appear to be the case here.
An attorney could help pot you both at ease. Ask for appointed counsel when appearing in court if you can't afford your own. I bet this never sees a trial if he holds his ground.

 

[leslie82]

My friend, it never seems to end, does it?

I don't know which is worse, buying stuff off of Craigs List, dating someone off of Craigs List, or renting a room in your home to someone.

Can you help me choose the ones I shouldn't do?

There was a story where I live about a woman who was homeless and answered a Craigslist add for a roommate or something. She ended up being sexually assaulted and locked in that guy's house for a few days. I think she tricked him into letting her use the phone to order food and she got help. They interviewed her and she said she was asked why she didn't go to the shelter and she said she took what she thought was the lesser of the two as many women get sexually assaulted in shelters too. She was between a rock and a hard place and she made a bad choice. I don't fault her - the shelter probably wasn't much better option.

 

[army judge]

There was a story where I live about a woman who was homeless and answered a Craigslist add for a roommate or something. She ended up being sexually assaulted and locked in that guy's house for a few days. I think she tricked him into letting her use the phone to order food and she got help. They interviewed her and she said she was asked why she didn't go to the shelter and she said she took what she thought was the lesser of the two as many women get sexually assaulted in shelters too. She was between a rock and a hard place and she made a bad choice. I don't fault her - the shelter probably wasn't much better option.

Life is tough, and the older you get it doesn't get any easier.

We face tough choices everyday.

Rape is a very serious crime.

If I ever found myself forced to make a Hobson's Choice of that magnitude, I'd probably do nothing.