Grand Theft Defense Attorney Dealing in Stolen Property Defense Lawyer
Criminal Defense Trial Attorney, Roger P. Foley, discusses crimes of theft and dealing in stolen property. Grand theft and dealing in stolen property are very common charges in the State of Florida. Over the course of my career, primarily in Broward and Palm Beach counties, I have handled many cases where the individual has allegedly stolen a product and then taken it to a pawn shop and sold it. Grand Theft is when the amount of the product was worth more than $300. Dealing in stolen property may be when that item is sold to a pawn shop. There is a fact that most folks don't know about and that is Florida statue 812.025 says that if you are charged with grand theft and dealing in stolen property that you cannot be adjudicated (found guilty) of both counts of both charges, so if you are charged and the state attorneys office brings both charges and if it goes to a jury the jury must make a determination of whether or not they are finding you guilty of the grand theft or whether they are finding you guilty of the dealing in stolen property. The same goes for a judge if you are negotiating on a plea bargain and the state makes you an offer which involves an adjudication or a withhold of adjudication on both a grand theft and the dealing in stolen property, and both of those counts stem from the same act or occurrence, if the judge accepts that plea bargain it is an illegal sentence. The court, just as well as the jury, must make a determination whether or not the stolen property was taken with the intent to use for personal use or whether the stolen property was meant to fence or traffic in stolen property. So keep that in mind folks if you've been charged with that you cannot be found guilty or both counts. It's one or the other and whether its a jury case or whether its a plea bargain wither the jury or the judge must make that determination. Thanks for listening to listening about Grand Theft and Stolen Property in Palm Beach County.
Florida Statute 812.025 states that you can not be adjudicated guilty (found guilty) on both charges. The Jury in a trial case, or the Judge in a plea bargain, must make a finding of whether the stolen property was for personal use or whether it was stolen with the intent to traffic in stolen goods. If you have been charged with theft and dealing in stolen property and the charges stem from the same act or occurrence then you can not be found guilty or plea to both charges. To do so is an illegal sentence. Hall v. State,826 So2d 268 (Fla 2002), Anucinski v. State of Florida More on Theft cases: www.rpfoley.co...
Questions about your case contact Roger P. Foley for a free 20 minute consultation. (561) 746-7076. Mr. Foley primarily practices in Palm Beach and Broward Counties but is available in other Florida jurisdictions.
*Every case is different. Facts are never the same. We aim to give our clients the best result possible. However, there are no guarantees as to results. Nobody can read the future and there are no crystal balls. Hard work, experience, and compassion are what we bring to the table. We will give you our best. Contact attorney Roger P. Foley 561-746-7076 or via email at: rpfoley@rpfoley.com
We represent clients throughout Florida but primarily focus on Palm Beach, Broward and Martin Counties.
Visit our website at: rpfoley.com
We have two office locations:
Broward Office (satellite):
110 South east 6th Street
17th Floor
Fort Lauderdale, Florida 33301
(954) 467-2946
Palm Beach Main Office:
1555 Palm Beach Lakes Blvd
Suite 1555
West Palm Beach, Fl 33401
(561) 746-7076
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