My boyfriend has been charged with 3 counts of recieving stolen property u/$10000 class d felonies in ky that are the result of sealed indictments. In the discovery packet he got after his arrest there are specific dates listed for when the crimes occurred and receipts from the scrapyard that he supposedly sold the property to showing these dates. We have proof that shows he couldn't have possibly done what they say on these specific dates. So, I was wondering if the dates are important enough, as far as the prosecutions defense is concerned, to get him off or if they're just a minor detail in the grand scheme of getting a guilty verdict.
DUI / DWI Attorney
The fact that your boyfriend received a discovery packet indicates to me that he currently has an attorney. It is in his best interest to have him discuss these details in confidence with his attorney and not on a public website that the prosecutor may also be reading.
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2 lawyers agree
Criminal Defense Attorney
Receiving Stolen Property is a felony in KY:
§ 514.110. Receiving stolen property.
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 514. THEFT AND RELATED OFFENSES
Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session
§ 514.110. Receiving stolen property
(1) A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.
(2) The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.
(3) Receiving stolen property is a Class A misdemeanor unless:
(a) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;
(b) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony;
(c) The property is a firearm, regardless of the value of the firearm, in which case it is a Class D felony; or
(d) The property is anhydrous ammonia, regardless of the value of the ammonia, in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.
Cite as KRS 514.110
History. Effective: June 25, 2009
Amended 2009, Ky. Acts ch. 106, sec. 13, effective June 25, 2009. -- Amended 2000, Ky. Acts ch. 233, sec. 9, effective July 14, 2000; and ch. 490, sec. 2, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 314, sec. 1, effective July 15, 1994; and ch. 396, sec. 9, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 127, effective January 1, 1975.
I assume you have hired an experienced criminal defense attorney in your area to represent the defendant. If not, do so ASAP. The attorney will review the discovery and will make decisions on how to defend the 3 counts.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..