If I was pulled over driving someone’s car but the licence plate came back stolen and I was charged with receiving stolen property, how can I defend against that charge?
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If I was pulled over driving someone’s car but the licence plate came back stolen and I was charged with receiving stolen property, how can I defend against that charge?
Asked on December 26, 2012 under Criminal Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
To be convicted of a crime, you must not only have done a criminal act, but also have a criminal intent, or mens rea. Therefore, if you thought that you had permission from the owner to drive the car--and you can sufficiently prove that by testimony (your own and other people's--such as the owner's) or other evidence (e.g. an email from the owner, saying you could borrow his car), you should have a good defense.
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