james davis defense1389 .pdf
Original filename: james davis defense1389.pdf
This PDF 1.4 document has been generated by / iTextSharp™ 5.4.1 ©2000-2012 1T3XT BVBA (AGPL-version), and has been sent on pdf-archive.com on 20/05/2014 at 08:56, from IP address 94.59.x.x.
The current document download page has been viewed 420 times.
File size: 4 KB (2 pages).
Privacy: public file
Download original PDF file
james davis defense
Pawn shops along with other used stores have gained in popularity over the last a long period.
Folks have learned that there is often value - sometimes considerable - in items they will no
longer use or need. As there is nothing illegal about pawning or selling your personal used
property, caution must be exercised if a person else requires you to pawn property to them. If it
turns out the home is definitely stolen, you could face serious criminal charges in
Jacksonville.Pawning Stolen Property in Jacksonville
Dealing in Stolen Property
In Jacksonville, it is actually a crime to sell or pawn stolen property. Florida Statute 812.019,
Dealing in Stolen Property, reads:
"Any individual that traffics in, or endeavors to traffic in, property that he or she knows or need to
know was stolen will be accountable for a felony of the second degree…"
Not surprisingly, most people who are responsible for selling or pawning stolen property claim that
they had no idea the property was stolen. The condition of Florida has pre-emptively addressed
that defense under Florida Statute 812.022(2) which reads:
"Except as provided in subsection (5), proof of possession of property recently stolen, unless
satisfactorily explained, gives rise to a inference that the person in possession from the property
knew or should have known that this property ended up being stolen."
Dui lawyer Jacksonville
Even though you actually paid your friend for your merchandise you could still face criminal
charges in case the purchase price was substantially below market price. Florida Statute
"Proof from the purchase or sale of stolen property at a cost substantially below the fair market
price, unless satisfactorily explained, gives rise to a inference that the person buying or selling
your property knew or should have known that the property had been stolen."
Penalties for Pawning Stolen Property
When you are arrested for dealing in stolen property in Florida you will be facing an additional
degree felony charge. A second degree felony posesses a possible penalty as much as fifteen
years in prison or an excellent as high as $10,000 if you are convicted. Moreover, in case you are
found guilty of dealing in stolen property the conviction could be employed to find that you can be
a "habitual felony offender" in case you have a criminal history that may add an extra term of
imprisonment to the sentence.
Do You Have a Defense?
It must be clear at this point a conviction for dealing in stolen property carries with it potentially
harsh penalties. Therefore, if you are involved in pawning stolen property you must consider the
situation seriously. You might have a defense in case the property had not been yours. The
statute signifies that being in possession of recently stolen property creates an inference that you
simply knew or ought to have known the house was stolen. Which means that that court may start
in the standpoint that you simply knew, or should have known, your property was stolen; however,
you might be able to convince the court that you simply did not realize it was stolen. With the help
of a seasoned Jacksonville criminal defense attorney you just might present evidence, for
instance, that will convince a judge or jury that you just were simply carrying out a friend a big
favor or the friend gave you the property to repay a debt. You can find a never-ending number of
possible explanations as to the reasons you needed the house and why you will not have known it
had been stolen. The key is to do business with a seasoned criminal defense attorney to
successfully have the ability to present evidence supporting your explanation to actually are not
convicted. Contact James Davis if you have run into troubles with pawning stolen property.