Q: Can you be charged with theft by receiving if you didn't know the property was stolen or if the property was returned
A friend asked me to allow him to bring some of his tools to my house cause him and his wife was fighting and I had no problem with that then the police show up with him in the vehicle and find the property and take me to jail and charge me with theft by receiving. Even after he told the police I had no idea about it being stolen
A:
Sadly, you can be charged with about anything when the police and prosecutor want to charge you. The question is: Can you be convicted?
You have to have the requisite intent to commit a crime to be found guilty. That intent can be proved by circumstantial as well as direct evidence. For instance, did you pay your friend or exchange anything of value for the property? Paying for items below market price may be used to prove the intent element.
You should hire a lawyer or ask the court to appoint an attorney for you if you cannot afford one.
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