What can my 13 year old niece do if she is being charged criminal possession of stolen property in the fifth degree? 2 Answers as of May 12, 2014

My 13 year old niece is being charged on criminal stolen property, fifth degree. She did not have the phone that was stolen or loss by a school mate. However the parents are looking to press charges. The police officer has called my niece mother in and read her, her Miranda rights and then explained why she was called in. The police have no proof she was in possession of the phone in question. They questioned my niece’s daughter regarding the phone, she informed them that she did not have the phone, nor did she take it. The officer stated without showing my nieces mother, someone had used her daughter’s name in identifying themselves in a text sent to the owner of the phone. She is due in court on Wednesday, may 15th, 2014 regarding this situation. What defense should she seek?

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Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It sounds like you have answered your own question. The prosecutor has to prove her guilt and there simply isn't enough evidence. There is no way to know for sure who sent that photo. Obviously the context of the text messages will be certainly important.
Answer Applies to: New York
Replied: 5/12/2014
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
She should hire a lawyer.
Answer Applies to: New York
Replied: 5/12/2014
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