Yorba Linda, Orange County - In Yorba Linda two men were arrested for allegedly being in possession of stolen property and auto burglary after allegedly breaking into cars and taking items.
Police say the two suspects allegedly stole cell phones, an iPod, a GPS system and Oakley sunglasses from parked vehicles.
Fullerton criminal attorney Michael L. Guisti says the first thing that needs to be looked at is if the cars the suspects allegedly broke into were locked, or unlocked. The reason being, Guisti explains, if you break into a locked car that is auto burglary, but if you open a car door that is unlocked that doesn't constitute auto burglary.
Many times the alleged victims, usually out of embarrassment, will tell police their car door was locked, when in reality it was not, according to Guisti, and this is one way a lot of alleged suspects face false auto burglary charges.
The bottom line, according to Fullerton criminal lawyer Guisti, for there to be an auto burglary charge you must have altered the locks of the car or trunk, and if you opened an unlocked door and you're caught you should only face the lessor charge of trespassing.
Whether you broke into the vehicle or were able to gain entry through an unlocked door what you do once inside the vehicle is where the more serious charges arise, according to Guisti. If you steal the vehicle you face grand theft auto charges or if you steal items from the vehicle you could face petty theft or grand theft charges, or in the case of these Yorba Linda suspects, you could face charges of receiving stolen property, according to Guisti.
For property to qualify as "stolen" the alleged suspect who took the property must have intended permanently to deprive the owner of that property under Penal Code 496 according to Guisti.
Fullerton criminal attorney Guisti explains that to prove you received stolen property investigators must show that the property was stolen, that you received the stolen property, and that you knew the property was stolen.
Auto burglary and receiving stolen property are "wobblers," which means they can be charged either as a misdemeanor or felony, according to Guisti.
If you or somebody you know are facing such charges you must call the Law Offices of Michael L. Guisti at 714-530-9690 right away you we can set up an appointment and review your case.
Just because you're accused of this crime doesn't mean you're automatically guilty.
