Criminal Defense Lawyers

Possession of a Stolen VIN – Is it a crime?

Possession of a Stolen VIN – Is it a crime?

What is a Vehicle Identification Number (VIN)?

A Vehicle Identification Number, commonly known as a VIN, is a unique code assigned to every motor vehicle when it’s manufactured. This 17-character string of letters and numbers is essentially the vehicle’s fingerprint – no two vehicles in operation have the same VIN.The VIN reveals many things about a vehicle, including the manufacturer, year of production, the plant it was produced in, and other specifics. Law enforcement agencies use VINs to track and recover stolen vehicles. VINs are also used by insurance companies to issue policies and determine the cost of coverage.Typically, a VIN is printed behind the windshield on the driver’s side dashboard. It’s also stamped on various parts of the vehicle, including the engine, hood, and both front doors. This repetition helps deter VIN fraud, which involves altering or falsifying the VIN to disguise a vehicle’s identity, usually to sell a stolen vehicle.

Is Possession of a Stolen VIN a Crime?

The short answer is YES, possessing a stolen VIN is a crime in most states. While the specifics of the law vary from state to state, the general principle is the same: knowingly possessing, selling, or offering to sell a stolen VIN is illegal.Let’s break down the elements of this crime:

1. Possession: The individual must have physical possession of the stolen VIN or be in control of a vehicle with a stolen VIN.
2. Knowledge: The prosecution must prove that the individual knew the VIN was stolen. Claiming ignorance of the VIN’s status is a common defense, but it’s not always successful.
3. Intent to Defraud: In some states, the prosecution must also prove that the individual intended to use the stolen VIN to commit fraud, such as selling a stolen vehicle.

The severity of the crime and the penalties associated with it vary depending on the state and the specific circumstances of the case. In some states, possessing a stolen VIN is a misdemeanor, while in others, it’s a felony. Penalties can range from fines to significant prison time.

Real-Life Examples

To better understand how this crime plays out in real life, let’s look at a couple of examples:

Example 1: The Unsuspecting Buyer

John buys a used car from a private seller at a great price. The car looks clean and runs well, so John doesn’t think twice about the deal. A few months later, John is pulled over by the police. They run the car’s VIN and discover that it’s stolen. John is arrested for possessing a stolen vehicle.In this scenario, John may be able to defend himself by arguing that he didn’t know the car was stolen. However, he would need to provide evidence of his innocence, such as a bill of sale or communication with the seller.

Example 2: The Chop Shop

A police raid uncovers a “chop shop” – a place where stolen vehicles are dismantled for parts. The shop owner is found in possession of several VINs that have been removed from stolen vehicles. He’s charged with possessing stolen VINs with the intent to commit fraud.In this case, the shop owner would have a harder time defending himself. The presence of multiple stolen VINs, along with the equipment to remove them, strongly suggests knowledge and intent.

Defenses Against Possession of a Stolen VIN

If you’re charged with possessing a stolen VIN, several defenses may be available depending on the circumstances of your case. Here are a few common ones:

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1. Lack of Knowledge: As mentioned, arguing that you didn’t know the VIN was stolen can be a defense. This is more likely to succeed if there were no obvious signs that the vehicle was stolen.
2. Lack of Intent: In states where intent to defraud is an element of the crime, arguing that you didn’t intend to commit fraud can be a defense.
3. Illegal Search: If the stolen VIN was discovered during an illegal search (e.g., the police searched your vehicle without probable cause), the evidence may be inadmissible in court.
4. Entrapment: If you were induced by law enforcement to commit a crime that you otherwise wouldn’t have committed, you may be able to use the entrapment defense.

What to Do if You’re Charged with Possessing a Stolen VIN

If you find yourself facing charges related to a stolen VIN, the first thing you should do is exercise your right to remain silent. Anything you say can be used against you in court, so it’s best not to make any statements to the police without a lawyer present.Next, contact an experienced criminal defense attorney. Look for someone who has handled similar cases and understands the nuances of VIN-related crimes. At Spodek Law Group, our attorneys have extensive experience defending clients against a wide range of criminal charges, including those related to stolen VINs.We understand that being charged with a crime is a stressful and frightening experience. That’s why we offer a compassionate ear and a non-judgmental approach. We’ll listen to your side of the story, explain your options, and develop a strong defense strategy tailored to your unique situation.Our goal is always to achieve the best possible outcome for our clients, whether that’s getting the charges dropped, negotiating a plea deal, or fighting for an acquittal at trial. We’ll be by your side every step of the way, ensuring that your rights are protected and your voice is heard.

The Importance of VIN Checks

The best way to avoid getting caught up in VIN-related crime is to be a cautious and informed consumer. When buying a used vehicle, always run a VIN check. This will tell you if the vehicle has been reported stolen, has been in a serious accident, or has any other red flags in its history.There are many online services that offer VIN checks for a small fee. It’s a small price to pay for peace of mind and could save you a lot of trouble down the road. If a seller is reluctant to provide the VIN or the VIN appears tampered with, consider that a major warning sign and walk away from the deal.

Conclusion

Possessing a stolen VIN is a serious crime that can lead to hefty fines and even prison time. Even if you didn’t know the VIN was stolen, you could still find yourself in legal trouble. The best way to protect yourself is to be vigilant when buying a used vehicle and always run a VIN check.If you do find yourself facing charges, remember that you have rights and options. Contact an experienced criminal defense attorney who can guide you through the legal process and fight for the best possible outcome in your case.At Spodek Law Group, we’re here to help. With our team of skilled attorneys and our commitment to our clients, we’ll work tirelessly to defend your rights and your freedom. Don’t hesitate to reach out to us at 212-300-5196 or visit our website at https://www.federallawyers.com. We’re here for you 24/7.