Possession of Stolen Property

If you are facing charges of possession of stolen property in Edmonton, talk to an experienced criminal defence lawyer today.

Geoff Green has over 25 years of experience helping clients in Alberta navigate complex property offence charges, including possession of stolen property and related criminal matters.

By enlisting Geoff’s expertise with the added benefit of a free initial consultation, you can ensure that your rights are protected and that you receive comprehensive legal guidance to pursue the best possible outcome.

Understanding Possession of Stolen Property Offences in Alberta

Possession of stolen property charges in Alberta are serious criminal offences with significant legal consequences.

Possession of stolen property, also known as possession of property obtained by crime, is a criminal offence under the Criminal Code of Canada. This charge applies when a person knowingly possesses items acquired through theft or another property offence. The law does not require proof of theft by the accused; rather, it is sufficient that the individual possessed items knowing or at least should have known, that the property was stolen. An accused person may also be found guilty if he had a real suspicion in his mind that he ignored in possessing the property (meaning he was wilfully blind to the property being stolen). If an accused person possesses property that was recently stolen, an inference may be drawn by the Court that an accused person knew the property was stolen. These are additional hurdles that Geoff Green can help you with.

Key Elements in Possession of Stolen Property Charges

Possession of stolen property cases are often complex, and prosecutors must prove several key elements for a conviction:

Element	Explanation
Knowledge	The accused was aware or should have been aware that the property was obtained through criminal means.
Possession	The accused had physical or constructive control over the property in question.
Value of the Property	Charges may be escalated based on the property value involved, affecting potential penalties.

The prosecution may struggle to secure a conviction without evidence that the accused knew the property was stolen. This is where a strong defence strategy from Geoff Green can make a substantial difference.

Penalties for Possession of Stolen Property in Alberta

A conviction for possession of stolen property can lead to severe consequences, including a criminal record and potential jail time.

Penalties vary depending on the value of the stolen property:

• Property valued under $5,000: This is considered a less serious offence, but it still carries potential penalties, including fines, probation, and up to two years in prison.
• Property valued over $5,000: This is treated as an indictable offence, with harsher penalties such as a longer prison term (up to 10 years in jail), or higher fines.

A conviction results in a criminal record, which can significantly impact employment opportunities, travel, and even immigration status for non-citizens in Canada. Geoff Green understands these stakes and works tirelessly to help clients avoid the damaging repercussions of a criminal conviction.

Common Defences for Possession of Stolen Property Charges

An effective defence strategy is essential in challenging possession of stolen property charges.

Geoff Green carefully assesses each case to identify weaknesses in the prosecution’s argument and build a tailored defence. Common defences include:

• Lack of Knowledge: Proving the accused was unaware the property was stolen or was misled about its origin. An accused must
• Lack of Possession: Demonstrating that the accused did not have control over the property, such as in situations of shared residences or vehicles.
• Willful Blindness: If the prosecution alleges willful blindness, it must show the accused deliberately ignored signs that the property was stolen. Geoff Green can argue that such an allegation lacks evidence.

Each case is unique, and Geoff’s experience allows him to select the most effective defence based on the specific details of your case.

Implications of a Criminal Record for Property Offences in Edmonton

A criminal record from a property offence can have life-changing effects, especially in career and travel contexts.

Convictions, including those for property crimes, are often disclosed on background checks, which employers, licensing boards, and other institutions frequently request. Additionally, a record can complicate travel to certain countries and even lead to deportation or immigration challenges for non-Canadian citizens.

Bail Hearings and Release Conditions

Securing bail is often the first step in handling a charge for possession of stolen property.

When an individual is arrested and held in custody for possession of stolen property, they are entitled to a bail hearing, where a judge determines whether they can be released until trial. Geoff Green has substantial experience representing clients at bail hearings, ensuring they have the strongest case for release and reasonable conditions.

The goal of a bail hearing is to convince the judge that the accused does not pose a risk of reoffending, nor are they a flight risk.

Geoff can argue for alternatives to custody, such as:

• Reasonable conditions of release, with or without a cash deposit
• Sureties if necessary
• Electronic monitoring
• Mandatory check-ins with a probation officer
• House arrest

Alternative Measures Program: Avoiding a Criminal Record

For eligible individuals, Alberta’s Alternative Measures Program (AMP) can be a valuable option to avoid a criminal record.

The AMP allows for less serious offences to be resolved outside of court through restitution, community service, or other forms of accountability. Geoff Green can assess whether you qualify for this program and represent your interests in accessing this alternative pathway.

Participating in the AMP can help eligible individuals move forward without the lasting impact of a criminal conviction, a benefit especially important for first-time offenders or those charged with a lower-value property offence.

The Role of Intent and Willful Blindness in Property Crime Cases

In property crime cases, prosecutors may allege that the accused demonstrated “willful blindness” by ignoring the origins of the stolen property.

Willful blindness implies that while the accused may not have known the property was stolen, they deliberately avoided confirming its origins. Geoff Green has extensive experience challenging such assertions by demonstrating that clients acted reasonably based on the information available to them.

Criminal Code of Canada: Legal Framework for Possession of Stolen Property

Possession of stolen property is governed under the Criminal Code of Canada, which outlines the criteria for various property offences.

For a charge under Section 354 of the Criminal Code, the prosecution must prove that the accused knowingly possessed stolen property. Geoff Green has a comprehensive understanding of the Criminal Code and leverages this expertise to ensure his clients receive a fair trial and the strongest possible defence.

Immigration Consequences of a Conviction

For non-citizens, a conviction for possession of stolen property may have severe immigration consequences.

Criminal offences, especially those involving theft or property, can impact permanent residency status, citizenship applications, and may even lead to deportation. Geoff Green understands the impact of criminal records on immigration status and works with clients to minimize these risks, often exploring options like discharge sentences or participation in the Alternative Measures Program.

Potential Consequences of a Property Offence and Conviction

Beyond legal penalties, a conviction can restrict your employment options and ability to travel.

Many employers conduct criminal background checks, and a property offence record may hinder access to certain careers, especially those requiring trust or handling of valuables. Additionally, travel to other countries, including the United States, can be complicated by a criminal record. Geoff Green is committed to helping his clients avoid these collateral consequences whenever possible.

Frequently Asked Questions about Possession of Stolen Property Offence in Alberta

Can you be charged with possession of stolen property if you didn’t know it was stolen?

Yes, you can still be charged with possession of stolen property even if you claim you were unaware it was stolen. However, proving a lack of knowledge can be a viable defence. An experienced criminal lawyer can help demonstrate that you did not have intent or knowledge of the property’s origin, which is critical in defending these charges.

How does possessing stolen property differ from theft or shoplifting in Alberta?

Possession of stolen property and theft are distinct charges. Theft involves actively taking property that isn’t yours, such as shoplifting, while possession of stolen property means knowingly holding or using property you didn’t steal but you have a real suspicion may be stolen.  The guilty mind is different for theft and possession of stolen property. Geoff will create a strategy for your offence and its contingencies.

What should I do if I’m asked to attend court for a possession of stolen property charge?

If summoned to court, it’s crucial to consult an experienced criminal defence lawyer before your appearance. A lawyer in Edmonton or a law firm specializing in property crime can review your case and provide advice tailored to your circumstances, helping you make the right choice in preparing a strong defence.

Can being found guilty of possessing stolen property lead to jail time?

Yes, a conviction for possessing stolen property can lead to a jail sentence, depending on factors such as the value of the property and your criminal history. For valuable property or repeat offences, the courts often impose stricter penalties, so retaining an experienced criminal defence team is essential to potentially reduce the severity of the consequences.

Can you be charged if a friend or family member gave you the stolen property?

If you’re found in possession of stolen property given by a friend or family member, you can still be charged if the police believe you knew or should have known it was stolen. Defending these cases may involve proving your lack of knowledge about the property’s origins, and a skilled criminal lawyer can help establish this in court.

Get a Free Consultation with Geoff Green to Start Defending Your Property Offences

If you’re facing charges for possession of stolen property in Edmonton, contact Geoff Green today for a free initial consultation. Don’t wait; you need to act quickly.

This meeting allows you to discuss the specifics of your case and understand your legal options without commitment. Geoff Green’s decades of experience in criminal defence make him a valuable resource for those navigating the Alberta legal system.

Call Geoff Green at (780) 914-1836 today to schedule your consultation and begin building a strong defence.