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.
