Clearwater Dealing in Stolen Property Lawyer

It is surprisingly easy in Florida for ordinary residents to find themselves facing charges of dealing in stolen property. In fact, 90% of all dealing in stolen property cases involve individuals who have sold property belonging to their family and friends in pawn shops or online. It is usually the most disadvantaged individuals within the Clearwater community who resort to this crime.

In the State of Florida, it is a criminal offense to traffic or endeavor to traffic stolen property, no matter how much the property is worth. If you are convicted of dealing in stolen property, you will face second-degree felony charges, which are punishable by up to 15 years in prison.

If you have found yourself facing dealing in stolen property charges in Florida, you are probably completely unprepared for the aggressive prosecution that you are about to face. It is important for you to seek adequate legal representation straight away. Our Clearwater criminal defense lawyers at The Law Place have decades of combined experience. Let them use their knowledge and expertise to fight these charges on your behalf.

You can contact us today at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.

What the Florida Statutes Say About Dealing in Stolen Property

Florida Statute 812.019 defines the crime of dealing in stolen property as the selling, transferring, distributing, or disposing of property, knowing that it is stolen, or property that a person should reasonably know is stolen.

The prosecution in these cases will seek to establish that a defendant is guilty of this crime beyond a reasonable doubt. To achieve this, the following factors must be established:

• The defendant trafficked or endeavored to traffic the property in question.
• The defendant was aware that the property was stolen or, the defendant should have been aware that it was stolen.

Key Terms

Property – The term “property” in this context refers to anything that is of value. This could be actual property (anything growing on, fixed to, and found on land), as well as any tangible or intangible property such as rights, privileges, services, and claims.

Stolen property – The term “stolen property” in this context refers to any property that has been criminally and wrongfully taken. It also refers to any property that was sold to the defendant that was openly stolen.

Traffic or trafficking – The term “traffic” or “trafficking” in this context refers to property that has been transferred, dispensed, sold, dispatched, or even disposed of by the defendant. Additionally, defendants can be convicted if they are found guilty of selling, buying, possessing, receiving, using, or obtaining control of the property with the intent to transfer, sell, dispatch, dispense, or dispose of it.

If you unknowingly purchased the stolen property with no intention to sell it, you will not be convicted under this statute as this does not meet the above criteria. However, you could face charges of petit or grand theft. An experienced lawyer can help you to better understand the charges that you may be facing. Contact us today for a free consultation in Clearwater.

Establishing Inference of Knowledge in a Dealing in Stolen Property Case

In most dealing in stolen property cases, a defendant will deny that they were aware that the property they sold was stolen. But if the prosecutor can give rise to an inference of knowledge, under Florida Statute 812.022, they can be found guilty. For example, defendants can be found guilty of this crime due to:

• An unusual sale – If a defendant purchased the stolen property from a dealer who was not in the regular course of business or without indication of legal ownership, this would be considered to be an unusual sale. This gives rise to an inference of knowledge unless it can be sufficiently explained.
• Ignoring owner’s name – If a dealer who regularly deals in used property is in possession of the stolen property, and the name and phone number of a person other than those offering the property are clearly shown, this gives rise to an inference of knowledge, unless this can be sufficiently explained.
• The possession of the recently stolen property – If a person is in possession of the recently stolen property, this alone is enough to give rise to an inference of the knowledge that the property was stolen.
• The purchase of goods below fair market value – If a defendant purchased stolen property considerably below market value, this gives rise to an inference of knowledge.
• Ignition bypass on a vehicle – Evidence that the ignition mechanism or the steering wheel locking system is broken or has been bypassed on a vehicle gives rise to an inference of knowledge that it was acquired by theft.

The Penalties Associated With Dealing in Stolen Property

Most of the residents of Clearwater, FL., are not aware of how easy it is to get caught up in a situation that could result in them facing charges of dealing in stolen property and other similar offenses. They may also not be aware of how serious the consequences of the charges would be. Those convicted of this crime could face second-degree felony charges. According to Florida’s Criminal Punishment Code, this is ranked as a level 5 offense.

If you are successfully convicted of this crime, the penalties that you could face include:

• A maximum of fifteen years in prison.
• A maximum of fifteen years of probation.
• A maximum fine of up to $10,000.

Under certain circumstances, charges can be elevated to a first-degree felony. For example, if a defendant is shown to have organized, initiated, financed, planned, supervised, or managed the alleged theft and proceeded to traffic the stolen property, the crime is considered to be even more serious. Those convicted of a felony of the first-degree could face a fine of up to $10,000 as many as 30 years in prison.

A judge can impose more serious penalties for a person who has committed multiple theft offenses. Florida Statute 775.084 states that the court may increase a sentence if a person has been previously convicted of dealing in stolen property or grand theft.

Defenses in Dealing in Stolen Property Cases

With the help of the right attorney, a defendant may be able to avoid conviction in Clearwater. In general, a person cannot be convicted of this crime if they have a reasonable explanation. Some of the most common defenses available in a case such as this are:

• The property was not stolen, and the defendant had legal ownership.
• The complete lack of knowledge that the property was stolen.
• The defendant was pawning the property for someone else, without knowledge of where it had been acquired.
• The property was not trafficked according to Florida Statute 812.019.
• The defendant believed that they had the right to dispose of the stolen property.
• A sufficient explanation as to why any inferences of knowledge cannot be established.
• The defendant believed that the property was abandoned.
• The defendant believed that the property had been gifted to them.
• There is an obvious case of mistaken identity regarding the property’s ownership.
• The alleged victim has wrongly claimed ownership.
• There is a considerable lack of evidence that the property is stolen.

A Clearwater criminal defense attorney will put forward the best defense for you and will find any weaknesses in the prosecutor’s case. With the help of a skilled defense lawyer from our law firm, your felony charges could be dropped altogether.

Statute of Limitations in a Clearwater Dealing in Stolen Property Case

A statute of limitations of five years applies to this crime, according to Florida Statute 812.035. Therefore, you cannot usually be convicted of this crime once five years had passed from when you allegedly committed it. However, under certain circumstances, this period can be extended, and you could still face serious charges even if a considerable amount of time has passed.

What Will Happen If I Am Arrested for Dealing in Stolen Property?

If the unthinkable happens and you are arrested for this crime, you will be taken to a Florida jail and will likely be given a bond that you can post to get out. You can hire a bondsman to do this or post the bond yourself. Next, you will face an arraignment, at which you can plead guilty or not guilty. This is where hiring a lawyer can make your life much easier because they can enter your plea on your behalf, and you do not have to attend the arraignment yourself. Your lawyer will then gather all the evidence that the state has against you and establish whether you have a reasonable defense against the charges. If your defense is strong enough, your lawyer could successfully succeed in having your charges dropped. If your defense is not considered to be satisfactory, you are then given the right to a jury trial. An experienced lawyer can then convince the jury that you are not guilty of the crime you have been accused of and seek to have your charges reduced to a misdemeanor or have them dropped completely. Contact us today for more information.

Clearwater Dealing in Stolen Property Lawyer

Meet the Team

David Haenel heads our Clearwater property-crimes unit and tried dozens of trafficking-in-stolen-property cases as a former Pinellas County prosecutor. Darren Finebloom dissects pawn-ticket data and cross-examines detectives on chain-of-custody gaps, making complex spreadsheets easy for juries to follow. AnneMarie Rizzo files speedy discovery motions that expose weak proof of “knowledge” or “intent to traffic,” while paralegals Rose and Tracy track pawn-shop subpoenas, schedule investigator interviews, and text nightly updates so every client always knows what happens next.

Reviews & Testimonials

“Pawn-shop detectives said I sold stolen tools. David traced the real serial numbers and the State dropped every charge.”
“Darren explained each step, kept my family calm, and the jury decided I had no idea the items were hot.”
“They treated me with respect from the first call and never stopped until my record stayed clean.”

Case Studies

Mis-Tagged Laptop in Largo
Police arrested a college student who pawned a MacBook. Darren matched the serial number to a different theft report, proving police mixed up digits. Prosecutors dismissed the second-degree felony and the pawnbroker returned the computer.

Tool-Trailer Theft on Gulf-to-Bay Boulevard
Investigators linked a concrete worker to stolen drills found at a pawn shop. AnneMarie showed time-card GPS placing him on a job site when the trailer vanished. The State reduced the charge to misdemeanor false verification with a withhold of adjudication.

Organized Fencing Allegation in Dunedin
Detectives claimed our client ran a fencing ring. David hired a digital-forensics expert who proved online ads pre-dated the burglaries. The jury acquitted in less than an hour, and the court sealed the arrest record.

Comprehensive FAQ

What is “dealing in stolen property” under Florida law?

Florida Statute 812.019 makes it a felony to traffic in, or attempt to traffic in, property while knowing or should-knowing the item was stolen. “Traffic” means sell, resell, distribute, or dispose of the item for value. A simple pawn counts as trafficking if knowledge is proven.

How serious is the charge?

Standard dealing in stolen property is a second-degree felony punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine. Organizing a theft ring—called “initiating, organizing, planning, financing, or directing”—is a first-degree felony and raises exposure to thirty years.

What elements must the State prove?

Prosecutors must show (1) you trafficked or attempted to traffic the item and (2) you knew or should have known it was stolen. Knowledge may be inferred from circumstances such as altered serial numbers, prices well below market value, or possession immediately after a burglary.

Can I be convicted if I just pawned an item?

Only if the State proves knowledge. Presenting purchase receipts, text messages, or video showing a legitimate sale often defeats the inference. Honest-pawn defenses succeed when clients document how they lawfully acquired the item.

What is the difference between trafficking and organizing?

Trafficking focuses on the person who physically disposes of the property. Organizing targets higher-level actors who plan or finance thefts. The latter carries harsher penalties and is often charged with use of multiple accomplices or repeat transactions.

How do police link items to thefts?

Detectives run serial numbers through the Florida Crime Information Center, review pawn-shop daily upload files, and compare burglary reports. Pinellas pawnbrokers must photograph sellers and upload ID scans within 24 hours, giving police a direct trail.

What defenses work in dealing-in-stolen-property cases?

Common defenses include lack of knowledge, mistaken identity, legitimate ownership, innocent intent to return property, duress, and police entrapment during undercover buys. Procedural defenses involve illegal search warrants, stale burglary reports, or chain-of-custody gaps on the seized item.

Can prior theft convictions be used against me?

Generally no. Florida Evidence Rule 90.404 bars character evidence, but prosecutors may request a Williams-rule exception for very similar prior acts. Judges weigh prejudice versus probative value; timely objections often keep priors out.

What is a “false verification to a pawnbroker” charge?

If you sign a pawn slip swearing items are yours and they prove stolen, you face a third-degree felony independent of trafficking. Prosecutors often file both counts; beating the trafficking element may still leave false-verification unless knowledge is disproved.

How soon should I hire an attorney?

Immediately. Early counsel secures surveillance video before pawn-shop DVRs overwrite, subpoenas burglary victims for serial-number proof, and files motions to preserve text messages that show legitimate purchase.

Can the charge be reduced or dismissed?

Yes. Reductions to third-degree grand theft or misdemeanor dealing occur when value is under $750 or knowledge evidence is weak. Complete dismissal follows proof of legitimate ownership or suppression of pawn tickets obtained through illegal search.

How does restitution work?

Courts order payment of the stolen item’s fair market value. Defense may contest inflated retail numbers by presenting used prices from eBay or tool-exchange sites. Payment plans tied to income avoid probation violations.

Will I lose my job or professional license?

Felony convictions may trigger background-check terminations for nursing, security, and teaching. Many boards allow continued practice if adjudication is withheld. Immediate legal action aimed at reduction or dismissal protects licensing and employment.

How does Pinellas County bond burglary vs. trafficking?

Standard bond is $10,000 for trafficking and $20,000 for organizing. A lawyer can request lower bond by providing proof of employment, community ties, and lack of violence.

What happens if I miss court?

A judge issues a capias warrant. Quick surrender through counsel often prevents additional charges. Explaining transportation or medical emergencies may convince the court to quash the warrant and reinstate bond.

Can the case be sealed or expunged?

A dismissal, acquittal, or withheld adjudication on a third-degree charge can be sealed after probation. Second-degree felony adjudications are never sealable. Early plea negotiations aim for withhold to keep the door open.

Are diversion programs available?

Pinellas Adult Pre-Trial Intervention rarely accepts second-degree felonies. However, first-offenders charged with third-degree false verification sometimes qualify for theft-diversion classes and restitution, leading to dismissal.

How long will my case take?

Simple pawn-shop cases resolve in three to five months. Cases involving multiple burglaries, digital forensics, or expert tool-mark comparison can last nine months. Trial settings pressure prosecutors to offer reductions shortly before jury selection.

What expert witnesses help these cases?

Digital forensics experts recover phone chats proving legitimate purchase. Tool-mark analysts dispute burglary-tool linkage. Appraisers testify to fair market value, lowering restitution and felony level.

Does a conviction affect immigration status?

Yes. Dealing in stolen property is a crime involving moral turpitude. Non-citizens face removal. Coordinating with an immigration attorney is essential when negotiating pleas.

Why choose a Clearwater lawyer?

Local counsel knows Pinellas detectives, pawn-shop compliance officers, and judge preferences. Proximity allows rapid pawn-shop visits, speedy subpoena service, and face-to-face meetings with burglary victims, strengthening your defense from day one.

What should I bring to the first meeting?

Bring arrest reports, pawn slips, purchase receipts, phone screenshots, bond papers, and contact info for witnesses who can confirm legitimate purchase. Detailed paperwork lets the defense team craft a tailored strategy immediately.

Contact The Law Place Today

The charge of dealing in stolen property in Clearwater is a very serious crime that requires experienced legal assistance. The only way you can successfully defend yourself is with the help of a skilled criminal defense team. We strongly advise that you do not attempt to resolve your case alone, even if you honestly did not know that the property was stolen. Contact us today and allow our experienced team of lawyers to put forward a comprehensive defense on your behalf and fight to have you acquitted of your charges

At our prestigious law firm, we pride ourselves on the ability to establish an attorney-client relationship build on trust and understanding. Contact us today at (941) 444-4444 for a free consultation with a defense attorney.