New York, NY asked in Criminal Law for Kentucky

Q: Question about an arrest.

My mother rents the property where the arrest occured so the lease is in her name. My address was not there. I lived elsewhere. So, 1 day there was a little jon boat left at the end of my mother's driveway, almost blocking it off. We did not know if someone was coming back for it or what. After a few days, my mother asked me to move it out of the way behind her house. She lives on the corner of 2 roads with no privacy fence or trees. I moved the boat for her b/c my truck had a hitch. The boat was not being concealed b/c it clearly could be seen from both roads. After about 3 weeks of the boat being there, the police showed up when I was visiting my mother. The boat was stolen. My mother told the police that the boat was abandoned there, which is so noted in the citation but, I was arrested for receiving stolen property. I dont understand how they could arrest me for this. Is this arrest even ligit? If so, explain it to me please.

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2 Lawyer Answers
Matt Schalk
Matt Schalk
PREMIUM
Answered
  • Criminal Law Lawyer
  • Princeton, KY
  • Licensed in Kentucky

A: I would definitely have to know more about the case to give you a complete answer, but it appears that law-enforcement doesn’t entirely believe your story. Hindsight is 20/20 but It probably would’ve been best if you had called the police when the mysterious boat appeared in the driveway. With that being said I think you may have some pretty good defenses on your side. I would advise that you consult an attorney.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: It’s a marginal case at best but all the police need is probable cause to make an arrest.

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