Jacksonville Failure to Return Hired or Leased Property Lawyer

People often face criminal prosecution for Failure to Return Hired or Leased Property years after the fact or after they were unable to make payments in a pretrial diversion program. The State often files charges in these cases even when the there is minimal or no evidence that you knowingly failed to return the property. If you find yourself being threatened with prosecution under this statute, give the experienced Jacksonville criminal defense lawyer of LASNETSKI GIHON LAW a call. We'll be happy to talk to you about your case.

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Failure to Return Hired or Leased Property is typically charged when someone rents property and fails to return it pursuant to the agreement. The most common cases we see are in cases where someone rents electronics or other property, like televisions from stores like Aarons. The person may have moved or had the property stolen from them or otherwise lost possession of the property. The store will then often refer the case to law enforcement or directly to the State Attorney's Office for prosecution.

Failure to Return Hired or Leased Property is defined in Florida Statute Section 812.155(3). To prove the crime of Failure to Return Hired or Leased Property, the State must prove:

• You hired, or leased personal property, or equipment from the victim, and
  

• as part of the hiring or leasing, you agreed to return the property or equipment to the victim at the end of the period for which the property or equipment was hired or leased, and
  

• You knowingly abandoned or refused to return the property or equipment as agreed, and
  

• You did so without the consent of the victim.
  

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Value of Property is $300 or more

Up to 5 years in prison

Value of Property is less than $300

Up to 60 days in jail

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The most common defense to this charge is that the person did not knowingly abandon the property or refuse to return it. Therefore, your criminal defense attorney may be able to present the defense that the property was lost, stolen, or you were otherwise unable to return it. Another defense may include challenging the agreement between the store and yourself. Was it a properly executed agreement? Can they prove that you were the one that signed the agreement? Often, the store employee that handled the sale no longer works at the store and may not be available to assist the prosecution. Law enforcement doesn't usually conduct anything but the most minimal investigation in cases like these. The investigation typically consists of the store filing a complaint and prosecution begins based solely on the information provided by the store. This means that many people who are not actually guilty under the statute may be pulled in with those who are. It also means that even though the State charges a person with committing this offense, they may or may not be able to prove it. There are many other defenses that may be available to you based on your specific facts. Give our experienced criminal defense attorney a call for a free consultation.

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