Kendall Failure to Return Leased Property Lawyers: A Guide for Defendants
Failure to return leased property charges can arise in a variety of contexts, from rental cars to construction equipment. While the circumstances may differ, the consequences can be severe. Defendants face steep fines, probation, and even jail time.
Having an experienced criminal defense lawyer can make all the difference. The right attorney understands both the letter and spirit of failure to return leased property laws. They know what defenses apply and how to advocate effectively on your behalf. This guide will provide an overview of these charges, typical penalties, and smart legal strategies.
Understanding Failure to Return Leased Property Charges
Most states have statutes that criminalize keeping rented or leased items beyond the term of the agreement. In Florida, the main law is Failure to Return Leased Equipment, F.S. 812.155. It applies to anyone who “after leasing or renting any personal property under an agreement to return the personal property to a particular place or at a particular time fails to return the property to the place within the time specified.”
The state must prove you had the intent to deprive the owner when keeping the property. The charges and penalties depend on the item’s value:
- Misdemeanor – For items less than $300, it is a first-degree misdemeanor. The maximum penalty is one year in jail and $1,000 fine.
- Felony – If the property is worth $300 to $20,000, it becomes a third-degree felony. This can mean up to five years in prison and $5,000 fine.
- Higher Felony – Values exceeding $20,000 make it a second-degree felony. Now the stakes are 15 years incarceration and $10,000 fines.
These criminal penalties come on top of having to repay what you owe the owner. The court may also impose restitution for any damage or loss of value.
Common Defenses Against Failure to Return Charges
Skilled Kendall failure to return leased property lawyers know how to fight these accusations. Here are some of the most effective legal defenses:
No Criminal Intent
These charges require prosecutors to establish criminal intent. If you simply forgot, misunderstood the terms, or encountered an emergency, you may not have willfully meant to deprive the owner. Your attorney can argue there was no intent.
Returned Before Charges
The state cannot prosecute if you returned the item before criminal charges. Even if late, giving it back shows you did not mean to permanently keep it.
Reporting it Stolen or Lost
Immediately alerting the owner and police that the equipment is missing helps demonstrate you did not intend to steal it. Your lawyer may argue this as proof of innocence.
Invalid or Confusing Agreement
Ambiguous lease terms could excuse a late return. If key details like the return date or permitted uses were unclear, you may not have recklessly breached the contract.
Unreasonable Fees or Fines
A lease agreement imposing unfair fines can sometimes be legally invalid. Your attorney may try to void steep penalties that courts would view as excessive or coercive.
Strategies Kendall Lawyers Use to Fight Charges
How does an experienced lawyer put these defenses into action? Common techniques include:
- Negotiating Dismissal – Many cases resolve through informal negotiations with prosecutors. Your attorney may persuade them to drop charges.
- Plea Bargains – If charges remain, lawyers can often negotiate a plea deal for reduced penalties like probation versus jail time.
- Pre-Trial Motions – They may file motions arguing to exclude prejudicial evidence or dismiss the case due to legal technicalities.
- Trial Defenses – At trial, attorneys challenge the prosecution’s version of events and present evidence to create reasonable doubt.
- Sentencing Advocacy – If convicted, they’ll argue for the lightest penalties permitted under your charges and criminal history.
An adept lawyer knows how to deploy the right strategy at each phase for the best outcome.
Choosing the Right Lawyer for Your Case
Fighting failure to return leased property allegations takes experience and dedication. Look for these hallmarks of a strong defense lawyer:
- Specialization – Search for attorneys concentrating specifically in theft crime defense versus general practitioners.
- Local Experience – Hire a lawyer intimately familiar with local prosecutors and your judge. Regional relationships and insight matter.
- Resources – Opt for a law firm with the staff and reach to thoroughly investigate and build your case.
- Track Record – Validate their expertise by asking about case results and client reviews. High dismissal rates illustrate competence.
- Communication – You want an attorney who is easily reachable and explains each step in a straightforward way.
Don’t leave your defense to chance. An accomplished Kendall lawyer makes all the difference fighting failure to return leased property charges. They know how to beat these allegations and avoid harsh penalties. With an attorney’s help, you can move forward with your life.