Good Morning, my son is 18 years old, he purchased some rims valued under 2000.00 which were stolen and he was charged with rec/possession of stolen property misdimenor, this is his first time in any trouble. He cannot produce the man he bought them from. what is the penalty for this in the state of SC?
Criminal Defense Attorney
Pursuant to S.C. Code 16-13-180(b)(1), the penalty for buying or receiving stolen goods under $2,000 is a fine of up to $1,000 or thirty days in jail.
In order to be guilty of this offense your son either knew or should have known the rims were stolen. If he purchased in good faith then there is no criminal liability.
If pleading not-guilty is not a good option your son should consider asking for pre-trial intervention. I would recommend that you consult with an attorney regarding this charge since a conviction may have life-long consequences.
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Maximum fine of $1,000.00 or 30 days in jail.
If your son truly did not know they were stolen, I would not allow him to plead guilty. He has to have had the requisite "mens rea" or state of mind to have committed the crime. The burden is upon the state prosecutor to show that he had "guilty knowledge" that the rims were stolen property at the time that he purchased them. This must be proven beyond a reasonable doubt, it cannot be left to speculation for the jury.
Consult an experienced criminal defense attorney to handle this case. A conviction could have a permanent effect on his future employment prospects.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.