If my husband received stolen property but he was unaware it was stolen, can the case be dismissed? 5 Answers as of August 22, 2013

My husband was arrested for receiving stolen property. He did not know that it was stolen. A couple of friends said that they would give him some methamphetamine to hold it. My husband has a drug problem so of course he held on to it. Is there any way to get his case dismissed since he did not know?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
YES, IF he has the right attorney.
Answer Applies to: Georgia
Replied: 8/22/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The DA is the only person who can dismiss a complaint. They will not likely dismiss a case just because the defendant has a decent defense. The DA will only dismiss if they think they have no chance whatsoever of success. It sounds like your husband has a defense, but a defense does not mean it will be dismissed. The prosecution's burden is to prove the charges. The Defendant has no burden but can present a defense, which is that you are talking about. Hire a lawyer. Do not try to do this pro se (on your own).
Answer Applies to: Massachusetts
Replied: 8/19/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
First of all, every person who is charged with this offense says "I didn't know," so if you're counting on that to get him off you are in for the surprise of your life. Time for him to shop around for a lawyer.
Answer Applies to: California
Replied: 8/19/2013
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
He does not have to know to be guilty. Would a reasonable person under the circumstances know that the property is stolen is the standard to prove guilt.
Answer Applies to: Nevada
Replied: 8/19/2013
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
Yes, it could happen. But he needs a good attorney to build that defense for him. It won't happen simply because he says he did not know the property was stolen. The defense needs to be worked up thoroughly.
Answer Applies to: California
Replied: 8/19/2013
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