Criminal Defense
Since 1993
Since 1993
Timing is Everything: The “Recently Stolen” Inference Trap
By: John Guidry
Timing is everything. At least, that’s what “they” say.
In the world of eBay, Craigslist, and Facebook Marketplace, items move at the speed of light. You can buy a laptop or a designer handbag in the morning and have it shipped across the state by afternoon. The problem is, Florida law has a nasty little shortcut called the “Recently Stolen Property Inference.” Under Florida Statute § 812.022(2), if you are caught with property that was “recently stolen,” the law allows a jury to infer that you are the one who stole it—or at least that you knew it was stolen. No independent proof of the theft is required. If you’re unlucky enough to buy a used iPhone off Craigslist just hours after it was swiped, the police will simply assume you’re the burglar.
Found with stolen goods you bought in good faith? Don’t let a “legal inference” turn you into a felon. Call John Guidry at (407) 423-1117.
The Legal Breakdown: Nshaka v. State and the 3-Month Gap
How do we fight a rule that assumes you’re a thief just because you have the goods? We look at the “war story” of Nshaka v. State, 92 So.3d 843 (Fla. 4th DCA 2012).
- The Crime: A purse was stolen from an unlocked car outside a daycare. (Pro-tip: Most car burglaries happen to unlocked vehicles—don’t make it easy for them!)
- The Discovery: Three months later, police executed a search warrant at Nshaka’s home and found a drawer full of various driver’s licenses and credit cards, including the ones from that specific purse theft.
- The Conviction: The trial judge gave a jury instruction saying that because Nshaka possessed the “recently stolen” cards, the jury could infer he committed the burglary. He was found guilty.
- The Reversal: The appellate court threw out the conviction for two major reasons that every Central Florida citizen needs to know.
1. What Qualifies as “Recent”?
The court held that a three-month lapse in time is NOT “recent.” For the State to use that powerful jury instruction, the gap between the theft and the possession must be much shorter—usually days or weeks, not months. Because the items weren’t “recently” stolen, the judge never should have told the jury they could make that inference.
2. “Personal and Exclusive” Possession
Even if the items were found in Nshaka’s house, were they really in his “possession”? To use the inference, the State must prove your possession was personal and exclusive. If other people live in the house or have access to that drawer, the State has a failure of proof. They couldn’t prove Nshaka exercised “dominion and control” over those specific items to the exclusion of everyone else.
John’s Takeaways for 2025
- The Marketplace Danger: In 2025, with local pickup apps, you can be in possession of stolen property within minutes of a crime without ever knowing it. Always keep your receipts and digital messages from the seller.
- The Time Limit: If the police find stolen goods at your place months after the theft, the “recently stolen” inference shouldn’t even be mentioned to the jury.
- Shared Spaces: If you live with roommates or family, the police cannot automatically pin a burglary on you just because something stolen is in a common area. That is “insane” logic that we shut down in court.
- Good Faith Defense: Under F.S. § 812.014, an “honest, good-faith belief” that you had the right to possess the property is a complete defense to theft.
- Regional Reality: Whether you are in Orange, Seminole, or Osceola County, detectives love to use the “possession = thief” typical script. My job is to remind them that the law requires a lot more than just proximity.
The justice system is harsh, and it’s “sad but true” that many innocent buyers get caught in the web of a burglary investigation because of a bad Craigslist deal. I’ve been defending Central Florida citizens since 1993, and I know that “timing” is often the best defense we have.
Accused of burglary because of stolen property? Call John at (407) 423-1117.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.