What do I do to clear this all up? Should I go talk to the judge or, go find a police officer to arrest me?

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What do I do to clear this all up? Should I go talk to the judge or, go find a police officer to arrest me?

I was just informed and confirmed that I have a warrant for receiving stolen property. The only thing I can think of is a camera that I found on the ground outside of a restaurant. I FOUND it though I did not RECEIVE it from anyone. I held on to it for a week or two, waiting to see if anyone came up missing it. I ended up pawning it when I was sure that I didn’t know who it belonged to. Then about a week later I was confronted by a family member who said that it was hers and I stole it. Her kids were there when I found it. I didnt tell her were the cam was, was scared.

Asked on April 21, 2009 under Criminal Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

How were you informed you had a warrant? Something doesn't sound right.  You found a camera outside of a restaurant and didn't recognize the resemblance to the one your family member had (I am assuming everyone was at the restaurant that night)?

Hmm, well, you can't have a warrant out for receiving stolen property if:

30-16-11. Receiving stolen property; penalties.

A.     Receiving stolen property means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.  

B.     The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who: 

(1)     is found in possession or control of property stolen from two or more persons on separate occasions; 

(2)     acquires stolen property for a consideration that the dealer knows is far below the property's reasonable value.  A dealer shall be presumed to know the fair market value of the property in which the dealer deals; or 

(3)     is found in possession or control of five or more items of property stolen within one year prior to the time of the incident charged pursuant to this section.  

C.     For the purposes of this section: 

(1)     "dealer" means a person in the business of buying or selling goods or commercial merchandise; and 

(2)     "stolen property" means any property acquired by theft, larceny, fraud, embezzlement, robbery or armed robbery.  

D.     Whoever commits receiving stolen property when the value of the property is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.  

E.     Whoever commits receiving stolen property when the value of the property is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.  

F.     Whoever commits receiving stolen property when the value of the property is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.  

G.     Whoever commits receiving stolen property when the value of the property is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.  

H.     Whoever commits receiving stolen property when the value of the property exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.  

I.     Whoever commits receiving stolen property when the property is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500).

 
So, I don't know who told you and/or if you story pans out.  Either way, call a criminal defense attorney and get this sorted out before it gets any worse for you.  Try www.attorneypages.com.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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