Orlando Dealing in Stolen Property Attorney
Dealing in stolen property is categorized in Florida as a second degree felony and could be punished by up to $10,000 in fines, up to 15 years of probation and up to 15 years in prison. It can also be upgraded to a first degree felony. This is a serious issue that can increase the prison time to up to 30 years. This occurs when an individual plans, directs, organize, finances, supervises or manages the theft of property and then traffics in this stolen property.
There are many different kinds of theft charges that might affect a person in Florida, but the stakes are higher when you’re accused of possessing stolen property because you are dealing in it. This implies that you’re involved in criminal activity for a business purpose and the penalties can be stiffer than a simple petit theft or even a grand theft allegation.
If you’re convicted, a charge of dealing in stolen property might follow you for years to come. With so much based on the outcome of your dealing in stolen property case, don’t wait to talk to a lawyer in Orlando about how to fight it off.
Why You Need Help from a Criminal Defender in Orlando
Any situation that leads to you being accused of trafficking in stolen property in Orlando should prompt you to consult an experienced criminal defense attorney immediately. With so many questions that will need to be answered by someone who cares about your future, you need to consult with a lawyer immediately. Section 812.019 of the Florida statutes deals with dealing in stolen property. This occurs when an individual transfers, distributes, disposes of or sells stolen property, while having reason to know or knowing that the property was indeed stolen.
The prosecution bears the burden of proof in illustrating at trial that the person who is accused of dealing in stolen property endeavored to traffic an alleged property or trafficked in it and that he or she should have known or knew that the property was indeed stolen.
Property could be anything of value, including real property, privileges, claims, interests, services and intangible personal property. Stolen property means that the property in and of itself has been the subject of wrongful taking or that it was offered for sale to the defendant as stolen property.
This is an important distinction for anyone who has been accused of dealing in stolen property to realize because they may not have been one attempting to profit off the stolen property, but rather to receive the benefit of purchasing this stolen property.
Trafficking with regard to Florida laws on stolen property mean that the defendant distributed, sold, transferred, disposed up or dispensed of this property. It can also include, the receiving, buying, selling, obtaining control of or using the property with the intent to transfer, sell, dispense, distribute or otherwise dispose of this type of property.
The penalties can be very severe. Proof of knowledge that the items were stolen is a crucial element in prosecuting a dealing in stolen property charge. However, factual scenarios will also raise the issue of inference of knowledge. Your Orlando criminal defense attorney can help tell you more about this issue.
How the Prosecution Tries to Prove Stolen Property
To prove possession of recently stolen property, this gives rise to an inference that the person should have known that the property was stolen or did know that the property was stolen.
If the property was obtained at a price that was substantially below fair market value, unless otherwise explained, this gives rise to the inference that the individual purchasing the property should have known that it was stolen to begin with. A dealer who regularly deals in stolen property can also give an inference that the person who purchased it knew or should have known that the property was stolen.
Another situation in which the prosecution may attempt to illustrate stolen property has to do with the sale of stolen property by a dealer out of a regular course of business when anything other than mere possession will give rise to the inference that he or she would have known or should have known that it was stolen.
Finally, if a person who is in possession of a stolen murder vehicle and the ignition mechanism had been bypassed or the wheel locking mechanism had been bypassed or broken, this gives in inference to the person who possessed the motor vehicle that they should have known that the property was stolen.
Defenses to Dealing in Stolen Property
There are several different defenses that may come into play when it comes to possession of stolen property or dealing in stolen property. Some of the most common defenses include that the property was not stolen, that the property was never trafficked within the meaning of the Florida statute, that there was a mistaken identity as to the property, there was lack of the evidence that the property was stolen to begin with, that a person was pawning items at the request of another individual without knowing about the origin of the items, believes that the property was gifted or abandoned or satisfactory explanation to rebut the inferences of knowledge.
All of these are complicated issues and you can expect that the prosecution will do everything in their power in order to convict someone who is allegedly involved in dealing with stolen property. For this reason, you need to take your case seriously and retain an Orlando criminal defense attorney as soon as possible.
The timing of the pawning of the stolen goods will weigh heavily and whether or not an arrest is ultimately made for dealing in stolen property. If a property is pawned shortly after it was stolen, charges may be coming, which is why you need to retain an experienced Orlando criminal defense attorney, even if you did not know that the property was stolen at the time. Most police officers are hoping that someone who is accused of this crime will try to explain their way out of it by first consulting with a lawyer. If the explaining is done and you do not have your Orlando criminal defense attorney present, anything that you say can and will be used. It could even be misquoted and used against you.
The good news is that a dealing in stolen property charge can be successfully defended with a good explanation, but it is one that must be created by your Orlando criminal defense attorney.
First of all, you must be able to illustrate why you had stolen goods to begin with. Then it becomes the responsibility of the court to figure out whether or not the explanation of possession was reasonable. If it was reasonable, the court can elect at this time to dismiss the charges. The majority of dealings in stolen property cases in Orlando have to do with the pawning of stolen goods.
Regardless of how you find yourself being accused of dealing with stolen property, how you choose to respond can have a significant impact on your future. A conviction for both dealing and grand theft is prohibited by the Florida statutes. Some prosecutors have attempted to circumvent this role by charging certain items and the dealings in stolen property and then other items in grand theft court. This is just one reason why you need an Orlando criminal defense attorney who is well informed of these tactics and can help to prevent you from becoming victim to these mistakes or misapplications of the law.
Dealing in stolen property is a serious crime and one that deserves representation by someone who cares about your future. The proof of knowledge in a case like this is often problematic and can typically be exploited to your advantage with the help of an Orlando criminal defense attorney. An arrest is not the same thing as a conviction because it can be challenging for the state to prove that the individual was indeed aware that any property in question was stolen.
This is often where the prosecution for dealing in stolen property falls apart in the Orlando courts. If the property was not sold shortly after a theft or if the individual paid reasonable money for the property or was paid for a debt owed with the property, it is very difficult for the state to meet the burden of proof to show that the defendant was knowledgeable of the theft. If you need help with an arrest of dealing with stolen property, your ability to respond quickly and contact an experienced criminal defense attorney is one of the most important assets in your case.
What type of defense you pursue depends on how your attorney reviews the case and what the prosecution argues, but no matter what you’re facing, you need help from a lawyer. Being able to argue that the prosecution’s case is not strong enough may help keep you from suffering the consequences of a criminal conviction.
Get The Help You Need From An Experienced Criminal Defense Attorney
If you or someone you know is facing a charge of dealing in stolen property, don’t wait to talk to an attorney. Speak to a skilled trial attorney and former prosecutor today. For a free consultation, call (407) 670-5569.