Finding yourself in legal hot water for not returning leased property in Fort Lauderdale? Don’t panic. You need an experienced failure to return leased property lawyer on your side. Let’s break down everything you need to know about dealing with failure to return charges in Fort Lauderdale.
What is Failure to Return Leased Property?
Failure to return leased property is when someone leases, rents, or borrows an item and then does not return it by the agreed upon date. It’s basically theft of services – using an item without paying for the privilege.
Common examples include:
- Not returning a rented car or U-Haul.
- Not returning furniture or electronics leased from Rent-A-Center.
- Not returning a textbook you rented for college.
- Not returning a DVD you rented from Blockbuster (RIP).
- Not returning tools, equipment, or anything else you borrowed or rented.
You get the idea. If you agreed to return something by a certain date and don’t, you could face criminal charges or civil penalties.
What Are the Consequences in Fort Lauderdale?
Under Florida law, failure to return leased property is a first-degree misdemeanor if the property is worth less than $300. First-degree misdemeanors carry maximum penalties of one year in jail and $1,000 in fines.
If the property is worth $300 or more, it becomes a third-degree felony. Felony charges can lead to five years in prison and $5,000 in fines. Yikes!
The owner of the property can also sue you civilly for:
- The replacement value of the item
- Any fees specified in the lease or rental agreement
- Attorney’s fees and court costs
So you could be on the hook for a lot more than just the value of the item itself.
What Defenses Can I Use to Fight the Charges?
Don’t panic just yet. There are viable defenses a knowledgeable lawyer can use to get failure to return charges dropped or reduced. Some common defenses include:
You Had Permission to Keep the Item Longer
If the owner or rental company gave you verbal or written permission to extend the rental period, you can’t be criminally charged. Get any extensions of the rental period in writing whenever possible.
The Item Was Stolen or Lost
You’re generally not criminally liable if the item was stolen or lost through no fault of your own – as long as you promptly reported it missing. Be ready to provide a police report documenting the theft.
You Returned the Item on Time
Sometimes items get lost or misplaced by the rental company. Fight the charges by providing receipts or other proof you returned the item on time and in good condition. Physical evidence like photos or videos of you returning the item can also help.
The Charges Are Retaliatory
If you’re being falsely accused of theft as retaliation for something like filing a complaint or lawsuit against the owner, this unlawful retaliation could get the charges tossed.
You Were Framed
If someone else returned the item in your name or posed as you, you may be able to avoid responsibility. An alibi or mistaken identity defense could exonerate you.
What Should I Do if I’m Facing Charges?
Here are some tips if you find yourself accused of failing to return leased property in Fort Lauderdale:
- Don’t try to talk your way out of it with the police or rental company. Anything you say can be used against you.
- Be polite, but invoke your right to remain silent and speak to a lawyer before answering any questions.
- Start gathering evidence like receipts, photos, videos, police reports, etc. that could help prove your innocence.
- If you’re arrested, don’t post about the situation on social media where it could damage your case.
- Hire an experienced criminal defense lawyer in Fort Lauderdale immediately. An aggressive lawyer can often get charges reduced or dismissed pre-trial.
- Consider alternatives like negotiating a civil settlement with the owner to avoid criminal prosecution. But let your lawyer handle negotiations.
- If convicted, ask your lawyer about appealing the verdict or applying for a pardon or certificate of eligibility to seal or expunge your record.
How Can a Lawyer Defend Me?
A knowledgeable failure to return leased property lawyer has the skills and experience to protect your rights and future. Here’s how an attorney can help:
- Evaluate any loopholes or weaknesses in the owner’s case.
- Negotiate with the prosecutor for reduced charges or an outright dismissal. Prosecutors often compromise if they don’t think they can win at trial.
- Gather exculpatory evidence and witness statements to undermine the accusations.
- File motions contesting improper police procedures, lack of evidence, etc.
- Present persuasive defenses like those outlined above.
- Thoroughly prepare you for any questioning and testimony.
- Contest the owner’s monetary demands and negotiate a lower civil settlement.
- Craft and execute appeal strategies if you’re convicted at trial.
- Advise you on restoring your criminal record and avoiding further legal issues.
Don’t leave your defense to chance. An experienced lawyer tilts the scales of justice in your favor.
Questions a Lawyer Can Answer
If you’re struggling with failure to return charges, a knowledgeable lawyer can answer questions like:
- What are the exact charges I’m facing and what are the penalties?
- What are my best defenses under the circumstances?
- Should I negotiate a civil settlement or fight the charges in criminal court?
- What steps can I take to minimize the damage to my criminal record?
- How likely am I to win at trial or on appeal?
- What are the risks and benefits of pleading guilty vs. going to trial?
- Will I serve jail time if convicted and how much?
- How will a conviction impact my job, education, immigration status, custody rights, etc.?
- What options do I have for restoring my criminal record if convicted?
Don’t leave these crucial questions unanswered. Get experienced legal advice ASAP.
Finding the Right Lawyer
Not all lawyers are created equal when it comes to defending failure to return charges. Look for a lawyer who:
- Concentrates on criminal defense law, not a general practitioner.
- Has extensive experience fighting theft accusations and negotiating with prosecutors.
- Is intimately familiar with Florida rental and property laws.
- Has a proven track record getting charges dismissed pre-trial.
- Is aggressive in forcing prosecutors to prove their case.
- Will mount a vigorous defense at trial if necessary.
- Is respected by judges and prosecutors.
- Offers reasonable fees and payment plans.
Shop around and don’t rush into choosing a lawyer. Interview several to find the best fit.
Act Fast to Protect Your Future
Dealing with failure to return charges is stressful. But the stakes are high if convicted, with possible jail time and a criminal record that could haunt your future.
Don’t go it alone. Call an experienced Fort Lauderdale failure to return lawyer immediately for skilled legal representation. An attorney can often resolve these cases favorably without a trial.
But act fast. The longer you wait, the harder it gets to fight the charges. A prompt and vigorous legal defense gives you the best chance of moving past this ordeal with your record intact.