Private Sale Stolen Gun

[Badger]

I believe they have to prove beyond a doubt that u stole it. There word against yours, right?

They have to present evidence to support their contention and so do you,,then after both sides have presented the facts a jury determines who has proven or failed to prove guilt or innocence based upon the evidence presented by each side.

Simply saying you didn't do it when they took the item from your possession is a loser.
If you have no witnesses and no documentation to support what you say and counter the evidence of the prosecutor..all he has to show is the item was stolen and you had it.....you lose.

 

[wozbean]

not if you have a BOS!!!

I'm speechless

 

[rOmiLaYu]

not if you have a BOS!!!

Point of clarification....a bill of sale does nothing to speak to whether or not the gun being sold/bought is stolen...just thought you bought/sold it.

 

[144P&Y]

a BOS proves that you were making,what you believed to be a valid purchase.

 

[rOmiLaYu]

a BOS proves that you were making,what you believed to be a valid purchase.

No. It doesn't. It proves that you allege that on a certain date and time by intiating what you claim to be a valid transaction by giving a certain amount of "money" for a "pistol" any of which could be easily and freely fabricated.

 

[144P&Y]

wow

 

[bluethundra]

So now a BOS is a get out of jail free card?

 

[jrwalte]

They have to present evidence to support their contention and so do you,,then after both sides have presented the facts a jury determines who has proven or failed to prove guilt or innocence based upon the evidence presented by each side.

Simply saying you didn't do it when they took the item from your possession is a loser.
If you have no witnesses and no documentation to support what you say and counter the evidence of the prosecutor..all he has to show is the item was stolen and you had it.....you lose.

Not entirely true. The prosecution tries to prove 'beyond a doubt' that the defense is guilty, while the defense pokes holes and doubt in the prosecutions case. A jury is not to determine guilt or innocense, but to determine if any doubt exists in the prosecution's claims. Many guilty go free because a jury cannot rightly state there was no doubt, even though they believed the person to be guilty.

 

[Aimless]

So now a BOS is a get out of jail free card?

Apparently..the OTD legal team has decided so. Sign on the dotted line, press hard there's five copies.

 

[Badger]

Not entirely true. The prosecution tries to prove 'beyond a doubt' that the defense is guilty, while the defense pokes holes and doubt in the prosecutions case. A jury is not to determine guilt or innocense, but to determine if any doubt exists in the prosecution's claims. Many guilty go free because a jury cannot rightly state there was no doubt, even though they believed the person to be guilty.

The charge is theft by receiving stolen property..the state shows the gun was stolen thru police reports and owner statements etc...the guy was found to be in possession..that's pretty much it, the defense has to counter the state's evidence with evidence of it's own, witnesses to the purchase, bos , etc in order to create that reasonable doubt....Believe what you will, I spent over 30 years in the business and I know how it works..