Dealing In Stolen Property
DEALING IN STOLEN PROPERTY
Maybe this page should be titled "How Pawning Your Friend's Stuff Could Be a Prison Sentence", because 90% of all Dealing in Stolen Property cases arise in this fashion.
Dealing in Stolen Property is a Second Degree (F2) felony punishable by up to 15 years in prison and a $10,000 fine--and--it does not matter how much the property was worth. If you pawn a stolen $5 gold ring, it's the same F2 felony as pawning a stolen $50,000 diamond ring.
The timing of the pawning of stolen goods weighs heavily in determining whether or not an arrest is made for Dealing in Stolen Property. As a general rule, if the property is pawned shortly after it was stolen, charges are coming, so be sure to call criminal defense attorney John Guidry immediately. However, timing isn't everything. Another key factor involves a defendant's explanation of his possessing the stolen property.
The court uses an analysis based on whether or not the defendant's explanation of possession is "patently reasonable." If the possession of recently stolen goods is "patently reasonable", the court can dismiss charges. An example of this can be found in Bertone v. State of Florida, 870 So. 2d 923 (4th DCA 2004). In this case, the victim had two saws stolen from him, and Bertone pawned those two saws on the same day they were stolen. Bertone explained that he saw his friend's car broken down, and the friend had no money--but he did have the two saws which he asked Bertone to pawn. Bertone did so, and gave the money to his friend. Two days later, he got the items back out of pawn. The court held that this explanation was reasonable, and the case should have been dismissed.
There's all sorts of case law out there pertaining to dealing in stolen property cases, so rest assured that criminal defense attorney John Guidry will help you thru all this, so go ahead and call today to discuss your options. Thanks.
Maybe this page should be titled "How Pawning Your Friend's Stuff Could Be a Prison Sentence", because 90% of all Dealing in Stolen Property cases arise in this fashion.
Dealing in Stolen Property is a Second Degree (F2) felony punishable by up to 15 years in prison and a $10,000 fine--and--it does not matter how much the property was worth. If you pawn a stolen $5 gold ring, it's the same F2 felony as pawning a stolen $50,000 diamond ring.
The timing of the pawning of stolen goods weighs heavily in determining whether or not an arrest is made for Dealing in Stolen Property. As a general rule, if the property is pawned shortly after it was stolen, charges are coming, so be sure to call criminal defense attorney John Guidry immediately. However, timing isn't everything. Another key factor involves a defendant's explanation of his possessing the stolen property.
The court uses an analysis based on whether or not the defendant's explanation of possession is "patently reasonable." If the possession of recently stolen goods is "patently reasonable", the court can dismiss charges. An example of this can be found in Bertone v. State of Florida, 870 So. 2d 923 (4th DCA 2004). In this case, the victim had two saws stolen from him, and Bertone pawned those two saws on the same day they were stolen. Bertone explained that he saw his friend's car broken down, and the friend had no money--but he did have the two saws which he asked Bertone to pawn. Bertone did so, and gave the money to his friend. Two days later, he got the items back out of pawn. The court held that this explanation was reasonable, and the case should have been dismissed.
There's all sorts of case law out there pertaining to dealing in stolen property cases, so rest assured that criminal defense attorney John Guidry will help you thru all this, so go ahead and call today to discuss your options. Thanks.