License to carry denied

[Sarah]

Yeah, the cops can put Conspiracy to Steal the Moon, a Class AAA Felony, it doesn't matter. The final disposition controls (unless its the Class A or B Felony disqualifier but that's not you).

The problem is that ISP is notorious for looking at only what you were arrested for. Their records are getting better but still less than optimal.

It is within your best interests to contact an attorney.

Thank you

 

[mainjet]

Nope, I took a box out of a dumpster, I was moving, and I got charged with theft...

That seems kind of strange... I mean who presses charges on someone who takes an "empty" box out of a dumpster? There just has to be more to it than that. Sorry, but it just seems so innocent.

 

[IndyDave1776]

This raises an interesting point. How can this exclusion be justified under the second amendment? I personally oppose abridging the rights of anyone regardless of personal history especially when considering the potential for abuse by finding ways to criminalize most people as a way of converting the from free citizens to subjects. Before you think I have gone pinko, I will also say that if any past/present convict is too dangerous to be trusted with all of their rights as citizens, they should not be roaming free but rather still be in prison. Being denied a fundamental right over TAKING A BOX FROM THE DUMPSTER is preposterous and evidence of a prosecutor who had no business whatsoever in office. I would also point out that if we do not, according to the courts, have a right to privacy in our trash even in our containers on our property, justifying a charge of this nature seems to be problematic at best. I also see an issue with intent, considering that a reasonable person would consider placement of items in the trash to indicate that they want rid of them.

 

[DadOfFour]

Nope, I took a box out of a dumpster, I was moving, and I got charged with theft...

Is your conviction for theft? If so it's a felony conviction, there is NO misdemeanor Theft charge in Indiana.
Now, you may have plead to Criminal Conversion which is a misdemeanor.....

Check your paperwork.

 

[Darral27]

I know sometimes when looking at your record they get confused about the "convicted of a crime that you received a sentence of more than one year." A lot of misdemeanors the sentence is one year, or no more than one year.
I would not worry about an attorney yet. The letter should tell you how to appeal the decision. It is really a pretty simple process but will however take a long time. Keep your paper work that you have about your charge and sentence and when you appeal they will send you a hearing date. Just bring your paperwork and they will allow you to make your case why you are proper person. Most likely you will win. I went with no attorney and it was really very simple.

 

[Kirk Freeman]

Is your conviction for theft? If so it's a felony conviction, there is NO misdemeanor Theft charge in Indiana.

How long have you been a member of IPAC?

Via the magic of the law . . . *bling* a Class D Felony can be entered as a misdemeanor. Maybe the State po-po believes this misinformation too?

Let's look at the statute, I.C. 35-50-2-2:

(a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the second felony was committed;
(2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.

Lots of misdemeanor Thefts in Indiana. I see a lot of them.

 

[mainjet]

911: 911 what's your emergency?

Caller: I just saw a woman take a box out of my dumpster.

911: what is in the box?

caller:nothing. But she just took it and I have no idea what she is going to do with it.

911: Okay, sir, we will get someone right out there. Please stay on the phone until an officer arrives.

911: Do you see any weapons?

caller: No, it looks like she just has the box.

dispatch: units - step it up. Caller states that this may possibly be a box napping.

 

[dlbrown75]

interesting thread. I agree with IndyDave.

 

[wally05]

Many of these theft charges can be knocked down to criminal conversion, a misdemeanor. So, they may be going after what you were initially charged for, which was most likely felony theft. For a box out of a dumpster (if that is the full story, I won't question it), I doubt they would hit you with felony theft.

They should go with what your actual conviction was.

 

[j706]

This raises an interesting point. How can this exclusion be justified under the second amendment? I personally oppose abridging the rights of anyone regardless of personal history especially when considering the potential for abuse by finding ways to criminalize most people as a way of converting the from free citizens to subjects. Before you think I have gone pinko, I will also say that if any past/present convict is too dangerous to be trusted with all of their rights as citizens, they should not be roaming free but rather still be in prison. Being denied a fundamental right over TAKING A BOX FROM THE DUMPSTER is preposterous and evidence of a prosecutor who had no business whatsoever in office. I would also point out that if we do not, according to the courts, have a right to privacy in our trash even in our containers on our property, justifying a charge of this nature seems to be problematic at best. I also see an issue with intent, considering that a reasonable person would consider placement of items in the trash to indicate that they want rid of them.

Actually there are many company's that sell their cardboard products. We deal with these issues fairly often. People run around to closed businesses in the night helping themselves to what ever they want just because it is accessible. That is theft plain and simple.

 

[cobber]

Being denied a fundamental right over TAKING A BOX FROM THE DUMPSTER is preposterous and evidence of a prosecutor who had no business whatsoever in office.

No, the state legislature wrote the statute, which is now enforced by the ISP. These two parties are the ones responsible for this situation. Forgetting for the sake of argument that the OP initiated the whole thing, as absurd as the outcome might be.

Or do you have evidence that the prosecutor charged the OP solely with the intent that she be convicted of a felony just so she would no longer be considered a proper person?

Are you suggesting is that felonies should not be charged because under the law, the defendant is disqualified as a result? Also don't forget the BATFE is very interested when convicted felons possess firearms or even ammunition.

Don't like the law? Try contacting the people who have the constitutional authority to repeal or amend it.

 

[Sarah]

That seems kind of strange... I mean who presses charges on someone who takes an "empty" box out of a dumpster? There just has to be more to it than that. Sorry, but it just seems so innocent.

Sorry that is all there is to it.

 

[Sarah]

Is your conviction for theft? If so it's a felony conviction, there is NO misdemeanor Theft charge in Indiana.
Now, you may have plead to Criminal Conversion which is a misdemeanor.....

Check your paperwork.

I have checked, it was dropped to a misdemeanor ~ and it is still a misdemeanor.

 

[Sarah]

The link Spasmo posted and the verbage I quoted... you want to start there and, if you make no headway, see an attorney. If you can't afford an attorney, then legal aid or maybe a pro-gun, pro-bono attorney.

Thank you very much!

 

[Sarah]

Actually there are many company's that sell their cardboard products. We deal with these issues fairly often. People run around to closed businesses in the night helping themselves to what ever they want just because it is accessible. That is theft plain and simple.

You are correct! I just never thought of it that way, I did this at 4:00 in the after noon, by the way.

 

[j706]

You are correct! I just never thought of it that way, I did this at 4:00 in the after noon, by the way.

The time doesn't matter. What matters is the taking of something that does not belong to you and you don't have permission to take. It is that simple. Sure it seems harsh to charge someone with stealing a box but for whatever reason LE, the prosecutors office and the business owner decided to do just that. Did you plead guilty?

 

[femurphy77]

"Ze old cardboard box ploy"

 

[cobber]

This might have been one of those cases to take to trial by jury. I can just imagine the looks on the juror's faces when they learned they gave up their day to decide a case about a stolen cardboard box.

 

[Mr. Habib]

Not to thread jack, but I always believed that anything placed in the trash was considered to be abandoned property and as such the original owner no longer had any claim to it. The police use that argument to search peoples trash for evidence without obtaining a warrant and the courts have backed them. So if it was thrown into a dumpster how could this be theft? Now back to your regularly scheduled thread.

 

[Clay]

The time doesn't matter. What matters is the taking of something that does not belong to you and you don't have permission to take.

I thought I read somewhere, that once in the trash/dumpster it was ruled public domain or something like that??