A Construction Worker Faced with Unexpected Legal Issues
One Sunday afternoon, Edward was asked by his lovely wife Estell to clean out the garage. Edward is a construction worker, so the garage had become inundated with tools and building supplies that had accumulated over the years. While going through the stacks of boxes, Edward discovered an old Black & Decker battery-operated power drill that he did not remember owning. It was likely left in his truck after working on large job with co-workers.
Since Edward had an excess of new drills in his toolbox, he decided to take the old Black & Decker, along with some other old knickknacks , to the local pawn shop to sell. The pawn shop purchased the drill for $10, as well as some of the other belongings he wanted to dispose of.
Two weeks later, Edward received a knock on the door from a police detective. Unbeknownst to Edward, the Black & Decker drill in his garage had been reported stolen four years prior. When the drill was sold to the pawn shop, the clerk entered Edward’s biographical information into a database that is accessible to local law enforcement and is used to track stolen goods. After Edward was unable to provide a clear explanation of exactly where the drill came from, he was arrested and charged with the 2nd degree felony of Dealing in Stolen Property (DSP).
Stolen Property
In the State of Florida, someone is guilty of the crime of Dealing in Stolen Property if they sell, transfer, distribute, or otherwise dispose of stolen property knowing or having reason to know that the property is in fact stolen (FL St. 812.019). In other words, there are two elements the State must prove to prosecute someone for DSP: 1) The defendant trafficked in or endeavored to traffic in the alleged property; and 2) The defendant knew or should have known that the alleged property was in fact stolen. Put more simply, the prosecution must prove to the Court that the defendant sold a stolen item and that the defendant knew or should have known it was stolen.
A DSP carries a maximum sentence of 15 years of imprisonment or 15 years of probation, and a $10,000 fine! Pretty serious crime for selling an old tool to a pawn shop. DSP was intended to deter the creation of black markets for stolen goods but is frequently used in a situation like this one. And regardless of the value of the item in question, the charge remains a 2nd degree felony with a very stiff sentence.
In the above example, Edward could hire a criminal defense attorney to make a strong argument that he did not know, nor should have known, that the drill was stolen. A long period had passed since the drill was reported stolen and in Edwards’s line of work, one could easily and unintentionally have possession of unknown items. However, this is likely a question for the jury to determine. And the only way to get a case in front of a jury is to take your case to trial. If you lose at trial and the jury does not believe your argument, you could be facing up to 15 years in prison. Is this a risk you would be willing to take?
Often in cases like Edward’s, the State will offer the reduced charge of False Information/Verification of Ownership so that the defendant can avoid the 2nd degree felony of DSP. Yet, a false verification of ownership charge is a third-degree felony (when the value of the item is less than $500) which carries a possible prison sentence of up to five years (FL St. 539.001(8)(b)(8)). Either way, Edward would be pleading to felony charges and his record would be tarnished for selling a drill from his garage.
If you are facing the charge of Dealing in Stolen Property, you are looking at a profoundly serious charge and should consult an experienced criminal defense attorney to defend you.