License to carry denied

[fullmetaljesus]

I may be way off base here, but I thought dumpster diving was legal here. As long as its trash, its free for the taking. I would think the worse she would get is trespassing to get to the dumpster. Who presses charges on such a thing?

 

[Plinkuh]

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

Well, that's what the Supreme Court calls it.

2nd rule on this link;


10 Myths About Document Shredding

"...Once in the dumpster your trash is now considered public property by the Supreme Court..."

 

[mainjet]

Sorry that is all there is to it.

No reason to be sorry I just am at a loss thinking that someone would press charges on that.

Think about this -

worker - Hey boss, what do you want me to do with this empty box.

Boss - What are you? A dope? Throw it away, it's an empty box.

...Later that day...

Worker - Hey boss there is a lady outside taking that empty box you didn't want.

Boss - WHAT!!!!!! Grab her. I will call the police. The nerve of some people.


My kids told me that my neighbor has a whole bunch of stuff that we put out to the trash, hanging on the walls inside his barn. We had a big football toy box that we put in the trash - Now it's on the wall in their barn along with many other things. I just laughed and said "really"? I never thought about calling the police.

They must have believed you were up to something more sinister.

Sorry you got worked over for something as simple as a box.

 

[M67]

It's good to know that hardend criminals like this person can't get their carry permit. Makes me feel safer than ever.

 

[KG1]

It's good to know that hardend criminals like this person can't get their carry permit. Makes me feel safer than ever.

Exactly. She commited a heinous crime by taking a box out of the dumpster because she was moving. Definetly not a proper person and I will be sleeping better at night just knowing that she was denied.

 

[Airborne33]

Good luck sarah. You might try to get that record expunged. It might be the difference between getting the LTCH and not. A lawyer is your best option.

 

[Kirk Freeman]

The time doesn't matter.

Weeelllll, maybe, maybe not.

Certainly could go to intent.

This might have been one of those cases to take to trial by jury.

IME juries don't like Theft for stuff under $5 (a tiki torch).

 

[drillsgt]

How does something like this even make it through the court system? I got a letter for jury duty the other day who knows what i'll see.

 

[Kirk Freeman]

If you ask cobber or Fargo, they will say "never".

If you ask me, I will say "every single day"!!!

 

[DadOfFour]

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.

Nope, the theft is still a Felony according to the IC, however the judgement is entered as an A Misdemeanor. If you are arrested/charged with Theft you are charged with a D Felony, regardless of value, what the Court enters the final conviction as is up to the Court to decide....

IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony.
IC 35-43-4-3
Conversion
Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.

You'll notice there are two different charges with virtually identical definitions. Exerting unauthorized control over another person's property can be charged as EITHER D Felony Theft, or Class A Misdemeanor Conversion. Unlike many other States Indiana's statutes don't lay out a $ value at which it goes from the Misdemeanor Conversion charge to the Felony Theft charge. The arresting Officer has discretion as to which charge to use, the prosecutor has discretion as to which charge to pursue, and the Judge has discretion over how to enter the conviction. However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge......

 

[Clay]

You'll notice there are two different charges with virtually identical definitions. Exerting unauthorized control over another person's property can be charged as EITHER D Felony Theft, or Class A Misdemeanor Conversion. Unlike many other States Indiana's statutes don't lay out a $ value at which it goes from the Misdemeanor Conversion charge to the Felony Theft charge. The arresting Officer has discretion as to which charge to use, the prosecutor has discretion as to which charge to pursue, and the Judge has discretion over how to enter the conviction. However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge......

is this what they mean when people talk about 'preaching to the choir'??

 

[IndyBeerman]

Just for informational purposes here folks, trash placed at the curbside is different than trash placed in a dumpster on the property.

 

[Kirk Freeman]

Nope, the theft is still a Felony according to the IC, however the judgement is entered as an A Misdemeanor.

What is controlling is the final disposition. If Theft is entered as a misdemeanor then it is not a felony. Theft can be a felony OR a misdemeanor. There are many misdemeanor Thefts out there.

If you are arrested/charged with Theft you are charged with a D Felony, regardless of value, what the Court enters the final conviction as is up to the Court to decide....

Nope, you can be charged with a Class D Felony or a Class C Felony Theft. The value most certainly matters as to Theft between the two. The nature of the alleged property most certainly matters.

IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.

However, you are correct it can be Theft as a Class D Felony if the value is a nickel. The specific intent (missing from Criminal Conversion) controls as a matter of law.

However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge

What one is accused of is not controlling as to the LTCH as to Theft; what is controlling is the disposition of the case. The disposition records of ISP are less than optimal.

 

[DadOfFour]

What is controlling is the final disposition. If Theft is entered as a misdemeanor then it is not a felony. Theft can be a felony OR a misdemeanor. There are many misdemeanor Thefts out there.



Nope, you can be charged with a Class D Felony or a Class C Felony Theft. The value most certainly matters as to Theft between the two. The nature of the alleged property most certainly matters.

IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.

However, you are correct it can be Theft as a Class D Felony if the value is a nickel. The specific intent (missing from Criminal Conversion) controls as a matter of law.



What one is accused of is not controlling as to the LTCH as to Theft; what is controlling is the disposition of the case. The disposition records of ISP are less than optimal.

I agree, the conviction is what ISP SHOULD be looking at, but sometimes they're lazy and just look at the initial charge. Theft statutes are about the most retarded I've ever worked with (have worked with them in 7 or 8 states, and Indiana's are just confusing, and screwy!

 

[Fargo]

If you ask cobber or Fargo, they will say "never".

If you ask me, I will say "every single day"!!!

Naw, I'll say depends on what county you are in.

I once saw B felony residential burglary charged in a certain metropolitan county over the taking of a bag of chips from a college dorm room by another student...

Joe

 

[Kirk Freeman]

I agree, the conviction is what ISP SHOULD be looking at, but sometimes they're lazy and just look at the initial charge.

I don't ISP is lazy just that they have less than optimal information.

 

[mertbl]

Out of curiosity have you tried to buy a gun from a dealer lately?

 

[Jake46184]

"Before you call, please take the time to read the letter of denial and make sure you understand your criminal history. "

From an earlier post in this thread and probably the best advice you'll get here. More likely than not, you were denied because you are not eligible.

 

[Kutnupe14]

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.

Trash that has been set out for collection (ie at the curbside), is fair game for anyone. Running around someone's property looking for trash bins to look through, not the same.

 

[Kutnupe14]

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

I don't know if this applies, but I'll relate this anyways. When I used to work in Marion Co. as a probation officer. I had tons of felony cases, that "upon successful completion of probation," would be dropped to misdemeanors. The caveat, is that after probation, it was the responsibility of the person to petition the court to have it dropped. I had a bunch of phone calls over the years from people upset that they still had felonies on their records, when they thought that their charge would automatically be dropped.