Atlanta, GA asked in Criminal Law for Georgia

Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know

Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: He needs to fight the case.

Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. § 16-8-7(a)

Smith v. State, 290 Ga. App. 689, 659 S.E.2d 917 (2008)

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