If you are arrested on possession of any type of grand theft, the state needs to show at least some evidence you knew the property was stolen, or else evidence you are unable to “satisfactorily explain” why you are in possession of property recently stolen. F.S. 812.022 states there is an inference that one in possession of recently-stolen property knew or should have known that property was stolen “unless satisfactorily explained.” Part of the job of a Fort Lauderdale defense lawyer in a grand theft case will be to show that if you are in possession of recently-stolen property, you did have a satisfactory explanation for it.
The inference is one that is rebuttable, and it’s important your Fort Lauderdale defense lawyer do so because grand theft, as outlined in F.S. 812.014, is a felony charge. Theft of a motor vehicle, assuming it wasn’t damaged, is a third-degree felony, punishable by up to five years in prison. Numerous variables can result in heightened penalties for Florida auto theft, but it’s a serious offense for anyone – including a juvenile.
Fort Lauderdale Defense Lawyer Challenges Inference of Guilt in Possession of Stolen Property Conviction
This issue arose on appeal a few years ago in a juvenile criminal case a few years ago before Florida’s 3rd District Court of Appeal. In C.T. v. State of Florida, an adjudicatory hearing was held in late 2016 on the question of whether defendant juvenile knew or should have known the car hew was driving when he was pulled over by police was stolen. Continue reading