boonman Posted May 13, 2004 Report Share Posted May 13, 2004 Either way, he has possession of the goods. Possession is about 9/10's of the law. Especially in NY. If you have possession of the stolen goods, than you are just about as guilty as the person that stole them.... I have seen it happen numerous times in this state. I am thinking you are looking for a way to keep the bike...... I don't see how that will happen. You can try to bargain and maybe replace it with another bike.... I don't know..... Depends on the person it was stolen from. I would get another laywer for sure, it doesn't sound like the one you have is doing anything for you... I don't see how they are going after this "restitution" thing.... You shouldn't have to pay for repairs on anything.... Even if you did have possesion of it.... Sucks, but you're still going to be charged with something. I would get a different laywer, and go to court.... Bring the bill of sale. My brother bought some skis off of a guy. He was stelaing a bunch of them from the local resort here. No idea that they were stolen. They law took them, and charged him with possession of stolen property. Minor charge. You aren't going to go to jail. Not with a laywer with half a brain.... Your going to lose the bike(s) and probably pay some fines..... DOn't put up with paying restitution..... You don't have to........ Unless that is a bargain made to keep your stolen banshee...... Quote Link to comment Share on other sites More sharing options...
bigboybanshee Posted May 13, 2004 Report Share Posted May 13, 2004 Unless that is a bargain made to keep your stolen banshee...... Quote Link to comment Share on other sites More sharing options...
boonman Posted May 13, 2004 Report Share Posted May 13, 2004 Don't take that the wrong way guys........ (the bargain thing) I meant if paying restitution is what they are offering so you can keep your bike..... Quote Link to comment Share on other sites More sharing options...
Blue Duece Posted May 13, 2004 Report Share Posted May 13, 2004 im with boon i think your kinda screwed on this rick, i wouldnt agree to anything for a lesser charge thats admitting guilt and will go down as so....say youll pay the thing but with no charges filed against you......and heres a future tip.....no pink slip no deal and make sure the guy selling the bikes name is on the pink and the vin# matches the pink Quote Link to comment Share on other sites More sharing options...
Blue Duece Posted May 13, 2004 Report Share Posted May 13, 2004 and dont tell us this is the bike jim just ported, if so i think im gonna be sick too...... Quote Link to comment Share on other sites More sharing options...
got1banshee Posted May 13, 2004 Author Report Share Posted May 13, 2004 No its not the bike that jim ported,its a total diffrent one. Most of you guys reading what I said wrong. They are not trying to get my to buy the bike, I can care less about the bike. They want me to pay for the engine that someone else blew up and then ditched the bike on me. I would go get another atterny but I dont have the time now. Its been going on now for about 5 months and we are at the end of the road. No more time. I just found out about all this restitution and shit yesterday. I already paid my atterny 3k to take care of this and he said that its no biggy that it will be taken care of and not to worry. He has told me this about 3 times in the past 5 monthat and now he is telling me to pay and the charges will be droped or I will face up to one year behind bars and 5 years probation. In the state of Missouri recieving stolen peoperty is and automatic felony whether its 100 bucks or 10,000 bucks. So if I dont pay I am also looking at two felony charges on my account also. All because I bought one fucking quad that I had no idea was stolen and trusted the kid that worked for me to leve his worrier at my shop. I have 3 weeks to come up with the money or I am gone for awhile!! Man I am so stressed out!!!!!!!!!!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
boonman Posted May 13, 2004 Report Share Posted May 13, 2004 Rick, that still doesn't make sense. But then again, I don't live in Missouri.... Quote Link to comment Share on other sites More sharing options...
bigboybanshee Posted May 13, 2004 Report Share Posted May 13, 2004 (edited) Most of you guys reading what I said wrong. Maybe if your first post was clear and didn't conflict with your second, we could understand it better...first it was a minimum of one year in prison and now its up to one year in prison. Where is the second quad that you're being accused of keeping? I think that it was stupid to store some kid's quad you didn't know anything about in your shop. Did you not ever wonder why the hell this kid wants to store his broken warrior in your shop? This whole matter does suck for you but common sense tells you that you don't just go storing other people's shit at your house/shop not knowing anything about it. Hope this will all clear up and they penalize the real thief but in their eyes(the police), you look like the thief because you are the one with the stolen goods. Ya might as well have stolen it yourself. I don't mean to be an ass but technically you are guilty because you're harboring the stolen property. The only way you'll possibly get any kind of positive turnaround on this issue is if you can really prove that you had no idea this quad was stolen, which will be damn near impossible. Sounds like your "trustworthy" little friend stole the quad and set you up for taking the heat for it...You can't complain too much, you should have asked more questions before you let him put anything in your possession. I hope the cops are more forgiving in your neck of the woods than mine!!! Edited May 13, 2004 by bigboybanshee Quote Link to comment Share on other sites More sharing options...
oldturtle Posted May 13, 2004 Report Share Posted May 13, 2004 There are some lessons here. 1) Don't buy a motor vehicle unless you receive a free and clear title from the seller. 2) Don't buy or sell anything from/to anyone under 18. Deal only with legal guardian. 3) Don't store anything for anyone unless you see proof that they are legal owner and even then charge them some storage fee like $1.00 per year and get it in writting. 4) Don't store anything for anyone under 18. 5) Get the title transfered into your name before spending $1500.00 on repairs. Any more lessons in here? Quote Link to comment Share on other sites More sharing options...
Banshee~ Posted May 13, 2004 Report Share Posted May 13, 2004 Take it to all the news and tell them your story. Quote Link to comment Share on other sites More sharing options...
sredish Posted May 13, 2004 Report Share Posted May 13, 2004 I already paid my atterny 3k to take care of this and he said that its no biggy that it will be taken care of and not to worry. He has told me this about 3 times in the past 5 monthat and now he is telling me to pay and the charges will be droped or I will face up to one year behind bars and 5 years probation. Sounds like your attorney and the thief that originally stole the bike are in on it together. It all sounds like a scam to me. Sorry to hear about your troubles. Only thing I can say is 6 months down the road, it will hopefully be behind you so you can get on with everything else. Scott Quote Link to comment Share on other sites More sharing options...
rebelbanshee2 Posted May 14, 2004 Report Share Posted May 14, 2004 Take it to all the news and tell them your story. you would have to say american soldiers did it in order for it to get on the news lol ...sorry.. Quote Link to comment Share on other sites More sharing options...
BrokeStonedBiker Posted May 14, 2004 Report Share Posted May 14, 2004 mulet boy, thats just it your just a boy- your a kid.... this isnt about me... this is about the inocent being acused guilty? i beet your friends with a cop huh? youe just like all the rest on them. hang Jesus with out a cause. Tell me im wrong. you selfing coward. hey bitchen bashee i havent bought dope id over 2 years i really dont even smoke. maybe if you quit judging people byt there screen name you woulkd gain a little knowlwdge. i have never spent time in prison. stupid fool, why dont you grow up and get a job? you may have a job but you act like your 15. it quit cowardly to talk crap over the internet. bsb....you're a frickin idiot....no more.....but probably much less as well....I'm not even gonna get into it with you because you're not worth it.... what????? im not worth it.. sorry, i dont wanna take up your valuable selfish time then. take care Quote Link to comment Share on other sites More sharing options...
Hockey390 Posted May 14, 2004 Report Share Posted May 14, 2004 i kinda skippd the last few posts because I want to get to bed, but I want to throw in my oppinion. sorry for the bad spelling, im tired. The bike is in your posession, so technically yes, its receiving stolen property. No way out of that one, its the way the law works. But if I'm looking at this correctly, they are trying to get you to pay, for the damage to the bike. YOU didnt damge the bike, someone else did.. The reason I say this is because pretend your sitting at home, and you buy something from someone that is "stolen" and you are unaware...just like the quad. (even if you didnt buy but was dumped at your house) the restitution is to fix the quad, shouldnt this be paid by the party that had posession of it when it was broken? The legal system may have its ups and down sides, but if you think about logically, and run it by your lawyer, there may be a loophole. What if I tore the engine out of my shee and someone stole it without an engine.. Does that mean that I get a brand new engine and a set of T6 pipes on top of my shee back? No, it shouldnt... If you get charged with receiving them that sone thing, but being charged for someone else breaking it is completly different! I say take the kid to court... Get your lawyer to make him talk a lil and im sure if he says he sold it to you with you not knowing it stolen, or that he blew the engine, or ANYTHING for hta tmatter, it could help you out. It may not be worth it.. but who knows, you could come out with just a smaller fine. AS FOR MAKING MONEY--- Maybe look to close friends or relatives, i hate to borrow money from them, but in this case they might help you out... Also I've never talked with a bank about it, but will they give you a loan??? =) Just thinkin of options.. Quote Link to comment Share on other sites More sharing options...
Blue Duece Posted May 14, 2004 Report Share Posted May 14, 2004 I have 3 weeks to come up with the money or I am gone for awhile!! .........well take care Rick it was nice shootin the shit with ya, hit us up when ya get out...............naw im just playin dude....jesus this really blows, just dont let this hit your record it could haunt you later, better pay now and have it be done, im with most of the other guys this kid needs an ass kicking he wont soon forget, heres another tip....2 broken ribs (one in each rib cage, this is very important!!!, the same cage and he will still draw breath without pain) these can be broken simply and without bruiseing and leaving little to no sign that Rick paid him a visit, then every time he tries to shit, fart, laugh, cry, piss, cough or simply breath he will recall the day he fucked Rick.......good luck buddy...... Quote Link to comment Share on other sites More sharing options...
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