Bakersfield, CA asked in Business Law, Civil Litigation, Criminal Law and Personal Injury for California

Q: Can a customer of a recycling business be guilty under CA. PC 496A(a)?

I visited a local recycling business to recycle copper wire. When I returned following the required 3 day waiting period when recycling non ferrous metals, The business refused to pay me, and instructed that I contact the detective who placed a "hold on my account" (BP 21609). I did, and learned that the detective did not suspect my materials were linked to a crime. But wanted me to show proof of ownership for the scrap metal. This is a virtually impossible request, because as far as I know, there is no proof of ownership for scrap copper wire. I would imagine you could ask any customer that brings in copper wire for recycling to show proof of ownership, to which they could not. Anyway, After I failed to provide proof, he told me "your not getting paid", because you are not an electrician and have no good reason for possessing copper wire. I told him the metal is not stolen and he cannot seize my property. he got angry, and ended the call. I was charged PC496A(a). (see ppl v. Cramblit)

1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: More information is needed. If you're under criminal investigation or or facing prosecution, speak with a local defense attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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