Burglary "Felony" But Didn't Break In The House .But I Pawned An Item But Didn't Know It Was Stolen How Do I Prove My Innocence

Asked over 1 year ago - Conyers, GA

im being charged but im trying to figure out why and one of the to actual people that actually commited the crime is being used as a witness against me . im trying to figure out why and what do i do im not able to afford a lawyer and my thrid court date is coming up soon

Attorney answers (2)

  1. Allen Rust Knox

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you truly cannot afford a lawyer, you should be able to get one appointed. If you have already applied for a court appointed lawyer and have been denied, you should be able to rearrange your priorities and find the money to hire one. Beg and borrow from friends and family, but get a lawyer. Nobody on this site can teach you how to analyze the evidence and attack in your particular case just by answering this post. All I can tell you is that recent possession of stolen property (shown by your pawning the item) is enough evidence for a jury to conclude that you are the thief and convict you of the crime. However, this is a circumstantial evidence case and, if you can show the jury that there is another reasonable explanation for your possession of the item, you might avoid conviction for burglary. The witness is another issue altogether. If he is admitting his involvement in the crime and saying you did it with him, that is a fairly strong case against you. He is "corroborated" by your possession of the stolen property. Discrediting him may be difficult. If he is denying his involvement (or minimizing it) and placing the blame on others, it is easier to attack his credibility. However, you still have the problem that you pawned property stolen in the burglary. How to attack his credibility and to discredit the evidence against you is something that only a trained and experienced attorney can do. You will not become an expert in the art of cross-examination by reading the answers to this post. It takes time to develop the skills necessary to conduct an effective cross-examination. Find the money to hire an attorney.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  2. John Arnold Steakley

    Contributor Level 18

    Answered . Your question doesn't give many details, but I'm going to guess that you are being charged because you pawned items that had been recently stolen from someone's home. When your friend was questioned about it, he said you did it. The police don't have HIM pawning stuff, just you, so they have a better case against you than him.

    The prosecutor isn't going to throw his case against you away. If you want to completely beat this youre going to have to risk it all on a jury trial.

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