HOW CAN ONE PROVE OWNERSHIP OF A STOLEN ITEM WITH NO RECEIPT.

Criminal Defense 5 views 4 answers
TWO PEOPLE ARE CLAIMING THEY OWN A ITEM. Joe says item was stolen from his home, and Mike is saying he had bought the item on vacation. Both parties have no receipt of ownership. How do they prove who owns the item?

Attorney Answers

4
Joseph Schultz ·
Testimony under oath is evidence of ownership. Therefore, you having conflicting evidence. In a criminal prosecution, the prosecutor must prove guilt beyond a reasonable doubt. Conflicting testimony generally makes it harder for them to prove their case. You should contact a local attorney and discuss your case with them. A more detailed account of the evidence is necessary to advise you. Good luck.
0 upvotes
Daniel Myshin ·
Mr. Shultz and Mr. De Groot have provided good answers. I add only the possibility that other corroborating evidence is possible. For instance, does either Joe or Mike have a witness who observed them in possession of the item prior to the dispute? What about photographs or statements to others that corroborate their claim of possession? (ie. Hey, Bill, come over and take a look at my new big-screen TV!) It all comes down to which of the two, Joe or Mike, is more credible. Good luck.
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Robert Degroot ·
What exactly does each one say about the item? Who is more convincing? Testimony is used to prove who owns the item.
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Amy Glass ·
It should also be noted that credibility of each witness will be a huge issue when the court is determining which witness is more likely to be telling the truth. For example, a person's criminal record will be reviewed and brought into court if there is any record of dishonesty (theft, etc.) so if one witness has a shady past, that will come into play during a trial as well.
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