QUESTION

Isn’t ownership hard to prove?

Asked on Apr 26th, 2015 on Criminal Law - Florida
More details to this question:
My husband was an addict, bad junkie and did a lot of things. He went to jail for burglary of a conveyance. I let him sit there and long story short, he saw the error of his ways and was lucky the charge got accepted to veteran’s court. First appearance will be the 12th on next month. While he was doing well, he acquired charges from when he was still a shit bag- two dealing with stolen property and two lying to pawn broker (don't remember exactly what the phrase was). Should he fight these charges? I mean ownership is difficult to prove, is it not? Just say while he was living with family he asked to have two power tools to try and use them for work, they said yes but after they found out he pawned them for dope money, they got angry and reported the items stolen because they were mad. Is this worthy argument or should he just take the heat? It just seems to me that you can't really prove that they weren't given to him in the first place.
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1 ANSWER

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to get him a private criminal defense attorney, and basically you are all wrong. A theft has occurred from the facts you have written, and the state proves it by having a person testify about it. The items were loaned to him for work, he pawned them. It takes a long time to understand the law, and what he needs is an attorney with decades of experience. Drug court might be available to him. An attorney needs to investigate all the facts and circumstances and determine what the best thing to do is.
Answered on Apr 29th, 2015 at 10:22 AM

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