Understanding Possession Charges Without Physical Evidence
Can someone be charged with possession of a stolen vehicle when they weren’t possessing it at the time they were arrested? I’m Tulsa criminal defense attorney James Wirth, and that’s the question that we have.
Criminal charges can vary by jurisdiction, meaning the name of the crime and the evidence required to prove it might differ depending on where you are. For example, when it comes to stolen vehicles, the charge could be:
Different Charges Related to Stolen Vehicles
š Larceny of an Automobile or Grand Larceny ā If you were the one who actually stole the car.
š Joyriding ā If you took a vehicle without permission but didnāt intend to permanently keep it.
š§ Knowingly Concealing Stolen Property (KCSP) ā A common charge when someone is found in possession of a stolen vehicle but wasnāt the person who stole it.
For KCSP, prosecutors must prove:
1ļøā£ The vehicle was stolen from its rightful owner.
2ļøā£ The defendant was in possession of the stolen property.
3ļøā£ The defendant knew it was stolen.
4ļøā£ The defendant intended to deprive the owner of their property.
Challenges Prosecutors Face Without Direct Possession
Now, if law enforcement did not find you in possession of the vehicle at the time of arrest, proving those elements becomes much harder. In most cases, officers rely on firsthand observation (finding the accused with the stolen vehicle) or video evidence. Without that direct link, the prosecution may struggle to meet their burden of proof.
However, this doesnāt mean they canāt charge youāonly that proving guilt beyond a reasonable doubt could be more difficult. If other strong evidence exists, such as witness statements, fingerprints, or text messages, they might still proceed with prosecution.
Next Steps When Facing a Charge
āļø What should you do if you’re facing this type of charge? Even if the stateās case seems weak, do not assume it will go away on its own. If youāre under investigation or have been charged with a crime, you should speak with a criminal defense attorney immediately to protect your rights and build the best possible defense. Contact Wirth Law Office for a confidential consultation.
Schedule a Low-Cost Strategy Session Today
To get an appointment scheduled with an attorney at my office, you can go online to MakeLawEasy.com or call us at 918-879-1681. Again, I’m Tulsa federal criminal defense attorney James Wirth of Wirth Law Office, and we are here to help you navigate your legal challenges.