Tag Archives: RECEIVING STOLEN PROPERTY

Can I be convicted for using $200.00 of a stolen gift card if I “ONLY” used $50.00?

Q: In my previous job I worked at, four gift cards for $50.00 a piece were stolen=$200.00. I used one of the stolen gift cards for $50.00 and two other people related to me used the remaining three gift cards ($150.00) but they were not charged. Am I only accountable for the $50.00 I used or can I still be convicted for the whole $200.00 even though I only used $50.00? Also, they have blurry surveillance cameras that “it looks like me” and they used cellphone towers to say I was in the area.

A: I would need more details, but if you stole the four gift cards you are criminally liable for four gift cards, whether you only used one, or even none. I would find yourself a lawyer and not talk about this case anyone other than your lawyer.

I’m not trying to go to jail. I have a family to support

Q: Am I looking at time in jail and with what my attorney says he can’t tell me for sure? I am looking at 10 counts of Receiving Stolen Property 10 counts of Theft by Deception-Fail to Correct. I live in Moon Township but my case is in the Beaver County Courthouse. This is my first ever criminal offense. My main objective is to avoid the jail. I can pay the restitution of the amount at 1400.00. The cop said because of me cooperating he would let the DA know. Also, I am an ex correctional officer and a veteran. My main concern is I wanna have good representation. Not to say anything bad about my attorney but should I consult with others as well? I’m not trying to go to jail. I have a family to support. (Moon Township, PA)

A: First, you should have this discussion with your attorney and be candid with him that you are not happy with his uncertainty of your case. Another attorney would need to know all the facts to determine what your options are. There is nothing barring you from speaking with several criminal defense attorneys. In Allegheny County, with no criminal record, the fact that you can satisfy restitution, and if the DA agreed, you may have some better options than jail. Has anyone mentioned ARD? An ARD disposition mean no conviction and if you completed the terms of your ARD probation, your record would be wiped clean. Whether Beaver County offers this is up to the DA, but I would inquire about ARD as well as a dismissal in exchange for payment of full restitution. It may be that your DA has decided not to resolve your case without a guilty plea. In that case, I cannot see why probation is not possible.