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I was riding a stolen motorcycle out of state. i got arrested and they are saying its a federal offense? how could it be fed?

Simpsonville, SC |
Filed under: Federal crime

i let a buddy of mine use my truck and he was letting me ride his bike in return so i have a ride! well i went riding around on it and got arrested in N.C. I did not have no clue it was stolen or had a stolen tag on it! when i got pulled over they arrested me for a stolen motorcycle and stolen tag and said it was a federal charge. i need a laywer but i never been in trouble before so i dont know how to go about this i live in greenville sc

Attorney Answers 4

Posted

DId the NC police, sherriff of state trooper arrest you? WHat did the citation say? Simply put, you are an out of state resident (SC) and were in possession of a stolen vehicle.

For transporting a stolen vehicle Title 18 U.S.C.A. § 2312 of the United States Code states it is a federal crime to knowingly transport a stolen motor vehicle. The penalty for a conviction under this law is a prison sentence of up to 10 years or a fine or both.

For receiving a Stolen Vehicle, Title 18 U.S.C.A. § 2313 of the United States Code, says it is a federal crime punishable by a prison sentence of up to 10 years to knowingly receive, possess or dispose in any way of a stolen vehicle if that vehicle has been transported across any state or other territorial boundary of the United States. The court may impose a prison sentence, a fine or both.

Please retain an attorney now or contact the federal public defender. Take Care!

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2 comments

Stephen F Wallace

Stephen F Wallace

Posted

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-106.html is the link for the NC Law

Anthony Michael Solis

Anthony Michael Solis

Posted

As usual, an excellent response.

Posted

The Feds take jurisdiction with interstate crimes. You are facing some serious charges, notwithstanding your apparent defenses.

Hire an attorney ASAP.

Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
Office: 904-438-8082

Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

The transportation in interstate commerce (across state lines) of stolen goods valued at $5,000.00 or more is a violation of 18 U.S.C. § 2314. However, the government must prove that the person transporting the goods knew that they were stolen.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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Posted

While they may think they have arrested you for a federal offense, I don't believe they can prove their case, BUT, it will likely be a long drawn-out affair to get off such a charge.

Of course, there are certain defenses that immediately come to mind. First, was the value of the bike more than $5000? If not, then they cannot retain jurisdiction. If you didn't know it was stolen and should not have obviously known it was stolen, then they may not be able to prove their case against you, but that pits your word against their word so to speak. You could get the other "guy" to testify, but if he does and says he knew it was stolen, then he puts himself into the jackpot by admitting he possessed stolen property. So, it is a problem you're up against.

I strongly suggest you hire an attorney who is very familiar with the federal system to represent you. If you cannot afford an attorney, one will be assigned to you by the Court and they are often very good lawyers handling their cases.

Good luck.

You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

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