Being accused of dealing in stolen property in Fargo can feel like your entire world has been upended. The shame, the uncertainty, the fear of what comes next – it’s a heavy burden to bear. Suddenly, your reputation, your livelihood, and your freedom are on the line. The comfortable life you once knew is replaced by the cold, harsh reality of a criminal justice system that can be overwhelming and unforgiving. Every phone call, every knock on the door, every strange look from a neighbor feels like an accusation, isolating you in a terrifying new reality where your future hangs by a thread.
But you are not alone in this fight. When you walk through my doors, you gain a staunch ally. From the moment you retain my services, it becomes you and me against the formidable power of the prosecution. They may have their resources, their investigators, and their assumptions, but I have a singular focus: protecting your rights and fighting relentlessly on your behalf. I will stand shoulder to shoulder with you, challenging every piece of evidence, questioning every witness, and ensuring that your side of the story is not just heard, but powerfully advocated for in the courtroom.
The Stakes Are High: Understanding North Dakota’s Dealing in Stolen Property Laws & Penalties
Dealing in stolen property, at its core, involves buying, selling, or facilitating the transfer of goods that you know to be stolen. This isn’t a minor infraction; it’s a serious criminal offense in North Dakota with potentially life-altering consequences. A conviction can lead to significant prison time, hefty fines, and a criminal record that will follow you for years, impacting every aspect of your life.1 The urgency of seeking experienced legal counsel cannot be overstated.
What the Statute Says
The offense of dealing in stolen property is governed by North Dakota Century Code statute 12.1-23-08.3.2 The law defines the crime as follows:
12.1-23-08.3. Dealing in stolen property.
- A person is guilty of the offense of dealing in stolen property if he:a. Traffics in, or endeavors to traffic in, the property of another that has been stolen; orb. Initiates, organizes, plans, finances, directs, manages, or supervises the theft and trafficking in the property of another that has been stolen.
- A person who commits the offense of dealing in stolen property in violation of:a. Subdivision a of subsection 1 shall be guilty of a class C felony; orb. Subdivision b of subsection 1 shall be guilty of a class B felony.
As a Class C Felony
If you are found guilty of dealing in stolen property under subdivision a of subsection 1 (trafficking or attempting to traffic in stolen property), you will be facing a Class C felony charge.3 In North Dakota, a Class C felony carries a maximum penalty of five years in prison and/or a fine of up to $10,000.4 Even if you don’t receive the maximum sentence, any felony conviction can severely limit your future opportunities, including employment, housing, and even your right to vote or own a firearm.
As a Class B Felony
Committing the offense of dealing in stolen property under subdivision b of subsection 1 (initiating, organizing, planning, financing, directing, managing, or supervising the theft and trafficking) is considered a Class B felony.5 This is a much more serious charge. A Class B felony in North Dakota can result in a maximum penalty of ten years in prison and/or a fine of up to $20,000. The long-term implications of a Class B felony conviction are profound, often resulting in significant challenges in reintegrating into society after serving your time.
What Does a Dealing in Stolen Property Charge Look Like in Fargo?
A charge of dealing in stolen property isn’t always about being a master criminal; it can arise from a variety of circumstances, some of which might seem innocuous at first glance. The key element is often the knowledge that the property in question was stolen, and how the prosecution can prove that knowledge. These charges can stem from situations where individuals get caught up in a bad deal, or even unknowingly participate in a larger criminal enterprise.
It’s crucial to understand that “trafficking” doesn’t necessarily mean operating a sophisticated ring. It can be as simple as selling an item on a classifieds website that you knew was stolen, or even trying to help a friend dispose of something they acquired illegally. The law is broad, and it aims to prevent the movement of stolen goods, regardless of the scale. This means that seemingly minor actions can quickly escalate into serious felony charges in the eyes of the law.
Selling a “Too Good to Be True” Deal Online
Imagine you see an incredible deal on a popular electronics item on a local online marketplace. The price is suspiciously low, and the seller seems overly eager to get rid of it. You buy it, knowing in the back of your mind that it’s likely stolen, and then decide to resell it yourself a few weeks later for a slight profit. If law enforcement tracks the item back to a theft, and evidence suggests you had reason to believe it was stolen when you acquired it and subsequently sold it, you could face charges of dealing in stolen property. Your participation in the transaction, even as a reseller, would be seen as trafficking in stolen goods.
The Pawn Shop Transaction
Consider a scenario where a friend approaches you, asking you to pawn a valuable piece of jewelry for them, claiming they don’t have identification. They tell you they inherited it, but something about their story doesn’t quite add up. You take the jewelry to a pawn shop, receive cash for it, and give the money to your friend. Later, it’s discovered that the jewelry was stolen during a recent burglary. Even if you didn’t personally steal the item, your act of pawning it, especially if you had reason to suspect it was stolen, could be construed as trafficking in stolen property under North Dakota law, making you liable for the offense.
Acting as a Middleman
A less obvious example could involve someone acting as an intermediary. Perhaps a person you know asks you to store several expensive power tools in your garage for a few days, saying they’re moving and need a temporary place. A week later, they ask you to help them sell the tools to a contact they have. You agree. If those tools turn out to be stolen from a construction site, and it can be proven that you either knew or had strong reason to believe they were stolen when you stored them or facilitated their sale, you could be charged with dealing in stolen property. Your role in facilitating the transfer of the stolen goods constitutes “trafficking” under the statute.6
Assisting in the Disposal of Stolen Goods
Suppose a relative admits to you that they “found” some high-value items, like designer handbags or watches, and they ask for your help selling them quickly to avoid detection. They suggest selling them at a flea market or to individual buyers to avoid official channels. You agree to help them find buyers and facilitate the sales, perhaps by connecting them with people you know who are interested in such items. Even if you don’t directly handle the money or take possession of the items, your active participation in “organizing” or “managing” the trafficking of these stolen goods could lead to a serious Class B felony charge under the statute.
Building Your Defense: How I Fight Dealing in Stolen Property Charges in Fargo
Facing a charge of dealing in stolen property requires an aggressive and proactive defense. The prosecution will work tirelessly to build their case, using every piece of evidence and every legal tool at their disposal to secure a conviction. They will try to establish your knowledge that the property was stolen and your intent to traffic in it. This is not a battle you can afford to fight alone or with a passive approach.
My defense philosophy is rooted in the principle that the prosecution’s narrative must be challenged at every turn. We don’t just react to their accusations; we proactively dismantle their case, scrutinizing every detail, exposing every weakness, and asserting your rights with unwavering determination. From the initial investigation to potential trial, I will meticulously examine the evidence, question the procedures, and build a powerful defense strategy tailored to the unique circumstances of your case, ensuring that no stone is left unturned in protecting your future.
Challenging the Prosecution’s Evidence
The prosecution’s case hinges on their ability to prove beyond a reasonable doubt that you knew the property was stolen and that you engaged in trafficking. We can attack their evidence at its core.
- Lack of Knowledge or Intent: This defense focuses on proving that you genuinely did not know the property was stolen. For example, if you purchased an item from a seemingly legitimate seller without any red flags, and then resold it, demonstrating your good faith belief in its legitimacy can be crucial. We would investigate the circumstances of your acquisition, examine any documentation, and present evidence to show a lack of intent to traffic in stolen goods, arguing that you were an unwitting participant.
- Insufficient Evidence of Trafficking: The prosecution must prove that you “trafficked in” or “endeavored to traffic in” the stolen property. This can be challenged by arguing that your actions did not meet the legal definition of trafficking. For instance, merely possessing stolen property, without any intent or attempt to sell or transfer it, might not constitute dealing in stolen property. We would analyze all communication, financial records, and witness statements to show that your actions did not cross the threshold into active trafficking.
Scrutinizing the Actions of Law Enforcement
Police procedures are not always perfect, and any missteps or constitutional violations can weaken the prosecution’s case or even lead to evidence being suppressed.
- Illegal Search and Seizure: If law enforcement obtained evidence against you through an illegal search or seizure, without a warrant or probable cause, that evidence may be inadmissible in court. We would meticulously review the circumstances of the search, examining warrants, police reports, and witness testimonies to identify any violations of your Fourth Amendment rights, potentially leading to the exclusion of critical evidence against you.
- Coerced Confessions or Statements: Any statements you made to law enforcement must be voluntary. If you were subjected to coercive interrogation tactics, denied your right to an attorney, or were not properly read your Miranda rights, any confession or incriminating statement you made could be deemed inadmissible. We would investigate the interrogation process, review recordings, and challenge any statements obtained in violation of your constitutional protections.
Investigating Alternative Explanations
Sometimes, the circumstances surrounding a dealing in stolen property charge can be misinterpreted, and there may be a plausible innocent explanation for your involvement.
- Mistaken Identity or Association: In some cases, individuals are wrongly accused due to mistaken identity or simply by being associated with someone else who was involved in stolen property. We would work to establish an alibi, present evidence of your non-involvement, and demonstrate that you were simply in the wrong place at the wrong time or were mistakenly linked to the crime. This involves thoroughly investigating all parties involved and the connections between them.
- Entrapment: If law enforcement induced you to commit a crime that you otherwise would not have committed, this could be a valid defense. Entrapment occurs when police badger or pressure an individual into committing a crime, rather than simply providing an opportunity.7 We would examine the conduct of the undercover officers or informants, review transcripts of conversations, and argue that you were unfairly lured into the alleged dealing in stolen property.
Challenging the Value or Stolen Status of Property
The severity of a dealing in stolen property charge often depends on the value of the property involved and its actual stolen status. These elements can be challenged.
- Disputing Property Value: The classification of the felony (Class C vs. Class B) for dealing in stolen property can depend on the value of the property and the nature of the alleged involvement. If the prosecution inflates the value of the items, we can challenge their assessment through independent appraisals or expert testimony, potentially reducing the severity of the charges you face. This can be critical for mitigating potential penalties.
- Property Not Actually Stolen: In some rare instances, the property believed to be stolen may not have been stolen at all, or the chain of custody proving it was stolen may be broken. We would investigate the original alleged theft, examine police reports, and interview victims or witnesses to ascertain if there’s any doubt about the property’s stolen status, or if there are procedural issues with how it was identified as such.
Your Questions About North Dakota Dealing in Stolen Property Charges Answered
What exactly does “trafficking” mean in the context of dealing in stolen property?
Trafficking, in the context of dealing in stolen property, refers to the act of buying, selling, exchanging, transporting, or otherwise disposing of stolen property. It’s not limited to large-scale operations; even a single transaction can be considered trafficking if it involves stolen goods. The key element is the intent to transfer the stolen property to another person or entity. This includes attempts to traffic, meaning even if the sale or transfer wasn’t completed, the act of trying to do so can still lead to charges.
What if I bought something I didn’t know was stolen and then tried to resell it?
If you genuinely did not know the item was stolen when you bought it, and you can demonstrate that lack of knowledge, you may have a strong defense. The prosecution must prove you knew or had reasonable cause to believe the property was stolen. However, if you became aware it was stolen before you tried to resell it, then proceeding with the sale could lead to charges. It’s crucial to gather any evidence that supports your claim of ignorance, such as receipts or communications with the original seller.
Can I be charged with dealing in stolen property if I just helped a friend sell something without getting any money myself?
Yes, absolutely. North Dakota’s statute specifically states that a person is guilty if they “initiate, organize, plan, finance, direct, manage, or supervise the theft and trafficking in the property of another that has been stolen.”8 Even if you don’t receive direct financial compensation, your involvement in facilitating the sale or transfer of stolen goods can be construed as dealing in stolen property, potentially leading to a Class B felony if your role was significant in organizing the activity.9
What’s the difference between receiving stolen property and dealing in stolen property?
Receiving stolen property typically refers to the act of acquiring or possessing property that you know to be stolen, without necessarily intending to sell or distribute it further. Dealing in stolen property, on the other hand, involves the additional element of trafficking – meaning you are actively involved in the movement, sale, or disposal of the stolen goods.10 While receiving stolen property is also a serious crime, dealing in stolen property often carries harsher penalties due to the commercial or organized nature of the activity.
How does the value of the stolen property affect the charges?
While the statute for dealing in stolen property (12.1-23-08.3) doesn’t explicitly tie the severity of the felony to the value of the property for those directly trafficking (subdivision 1a) or organizing (subdivision 1b), the underlying theft charge often does. The actual penalties within Class C or Class B felonies can be influenced by the judge’s discretion, which may consider the value. High-value property can certainly contribute to a more severe sentencing recommendation from the prosecution and a harsher sentence from the court.
What if I only handled the stolen property for a very short time?
The duration of your possession or involvement isn’t necessarily the sole determining factor. The key is whether your actions, however brief, constitute “trafficking” or “endeavoring to traffic” in the stolen property. Even a quick transfer or a brief attempt to sell can be sufficient for a charge if the intent and knowledge are present. The prosecution will look at the entire context of your actions, not just the length of time.
Can I get bail if I’m charged with dealing in stolen property in Fargo?
Yes, bail is generally possible for dealing in stolen property charges, as they are non-capital offenses. However, the amount of bail set by the court will depend on various factors, including the severity of the charge (Class C or Class B felony), your criminal history, your ties to the community, and the perceived flight risk. An experienced attorney can argue for a reasonable bail amount on your behalf to help secure your release while your case is pending.
What are some common pieces of evidence the prosecution uses in these cases?
The prosecution will often rely on a variety of evidence, including witness testimony (from victims, informants, or co-defendants), financial records (bank statements, money transfers), communication records (text messages, emails, phone calls), surveillance footage, pawn shop records, and physical evidence found during searches. They will try to piece together a narrative showing your knowledge of the stolen nature of the goods and your active involvement in their transfer.
Is it possible to get a plea deal for dealing in stolen property?
Plea deals are often a possibility in criminal cases, including those involving dealing in stolen property. A plea deal might involve pleading guilty to a lesser charge or to the original charge in exchange for a reduced sentence recommendation. Whether a plea deal is in your best interest depends entirely on the strength of the prosecution’s case, the evidence against you, and your desired outcome. My role is to negotiate aggressively on your behalf and advise you on the best course of action.
What are the long-term consequences of a dealing in stolen property conviction?
Beyond jail time and fines, a conviction for dealing in stolen property can have severe long-term consequences. These include difficulty finding employment, as many employers conduct background checks; challenges in securing housing; loss of certain professional licenses; potential restrictions on your right to vote or own firearms; and damage to your personal reputation and relationships. A felony conviction impacts nearly every aspect of your life.
How soon should I hire an attorney after being charged?
It is critical to hire an attorney as soon as you become aware you are being investigated or have been charged. Early legal intervention is crucial. An attorney can advise you on your rights, prevent you from making self-incriminating statements to law enforcement, begin gathering evidence for your defense, and protect your interests from the very beginning of the process.11 Waiting can jeopardize your ability to build a strong defense.
What if the police questioned me without reading me my rights?
If the police questioned you while you were in custody without first reading you your Miranda rights (the right to remain silent, the right to an attorney), any statements you made during that interrogation might be suppressed by the court. This means the prosecution might not be able to use those statements against you. It is a complex area of law, and a skilled attorney can determine if your rights were violated and argue for the exclusion of such evidence.
Can I argue that I was just a “fence” and not directly involved in the theft?
Even if you weren’t directly involved in the initial theft of the property, you can still be charged with dealing in stolen property if you “traffic in, or endeavor to traffic in” it. The law explicitly targets those who facilitate the movement of stolen goods, which is often the role of a “fence.” In fact, if you “initiate, organize, plan, finance, direct, manage, or supervise the theft and trafficking,” you could face the more severe Class B felony.
What is the typical process once I am charged with dealing in stolen property?
Once charged, you will typically go through an initial appearance where the charges are formally read and bail is set. This is followed by a preliminary hearing or grand jury indictment, where the prosecution presents evidence to show probable cause. If the case proceeds, there will be discovery (exchange of evidence), motions (legal arguments before the trial), plea negotiations, and potentially a trial. If convicted, there will be a sentencing phase.
How can a lawyer help me specifically with dealing in stolen property charges?
A lawyer can help you by thoroughly investigating your case, challenging the prosecution’s evidence, negotiating with prosecutors for a plea deal, filing motions to suppress illegally obtained evidence, and, if necessary, representing you vigorously at trial. They will explain the complex legal process, ensure your rights are protected at every stage, and work to achieve the best possible outcome, whether that’s a dismissal, reduced charges, or an acquittal.
Your Future Is Worth Fighting For
A charge of dealing in stolen property isn’t just a legal battle; it’s a direct threat to the life you’ve built and the future you envision. The collateral consequences of a felony conviction extend far beyond prison walls and fines.12 Your professional licenses could be revoked, making it impossible to continue in your chosen career. Employment opportunities will shrink dramatically, as most reputable employers will hesitate to hire someone with a felony record, particularly one related to dishonesty. This can lead to significant financial hardship, impacting your ability to provide for yourself and your family. The shadow of a criminal record can follow you for decades, closing doors you didn’t even realize were there.
Beyond your livelihood, a dealing in stolen property conviction can threaten your fundamental constitutional rights. Depending on the nature of the felony, you could lose your right to own firearms, impact your right to vote, and face challenges with obtaining certain government benefits or professional certifications. Your freedom to travel internationally could be restricted, and your personal reputation within the community will undoubtedly suffer. The social stigma associated with such a charge can lead to strained relationships, isolation, and a profound sense of injustice, fundamentally altering your place in society.13 This is why every single aspect of your defense must be strategically planned and relentlessly executed.
When your future hangs in the balance, you need an attorney who doesn’t just understand the law, but intimately knows the Fargo courts and the prosecution. I have spent countless hours in these courtrooms, facing off against the very prosecutors who will be handling your case. I understand their strategies, their tendencies, and their weaknesses. This inside knowledge, combined with my aggressive defense philosophy, provides a distinct advantage in navigating the complexities of the North Dakota legal system. I know what it takes to challenge their evidence effectively and fight for your freedom in this specific jurisdiction.
A single mistake, or even a false accusation, should not define the entirety of your life. Everyone deserves a robust defense and the opportunity to protect their future. If you are facing dealing in stolen property charges in Fargo, you cannot afford to wait. The time to act is now. Contact my office immediately for a confidential consultation. Together, we will build a powerful defense aimed at safeguarding your freedom, protecting your reputation, and ensuring that one difficult moment does not permanently derail your life’s trajectory. Let me be your unwavering advocate in this critical fight.