Miami Giving False Information to a Pawnbroker Lawyers
Providing false information to a pawnbroker in Miami can lead to serious criminal charges. As a pawnbroker crime defense lawyer in Miami, I’ve seen many cases like this over the years. Let’s break down the law and talk about some real-world examples and defenses.
The Law in Florida
Florida statute 539.001 makes it a crime to give false ownership information to a pawnbroker when pawning or selling an item. Specifically, the law says you can’t give a false or altered driver’s license, state ID card, or any other form of misidentification. Doing so is a first-degree misdemeanor, punishable by up to one year in jail and $1,000 in fines.
But here’s where it gets serious – if the value of the pawned property is $300 or more, it becomes a third-degree felony. Now you’re looking at up to five years in prison and $5,000 in fines. And if the property value exceeds $20,000, it jumps again – now a second-degree felony with up to 15 years behind bars.
So you can see how quickly these charges escalate. That’s why you need an experienced Miami criminal defense lawyer on your side if you’re accused of this crime. Don’t wait and hope it goes away – call us right away so we can start building your defense.
Real World Examples
To understand how this law works in the real world, let’s look at some examples I’ve seen in my career:
- Mike pawned his friend’s gold watch while he was house-sitting, using a fake ID. The watch was worth $500. In this case, Mike committed a third-degree felony since the property value exceeded $300. He’s facing up to 5 years in prison if convicted.
- Amanda pawned several of her mom’s antique jewelry pieces using her sister’s license. The total value was $5,000. Here Amanda committed a second-degree felony with a maximum 15 year prison sentence if found guilty.
- Joe pawned his stolen work tools using a fake driver’s license. The tools were worth $150. Joe got lucky with only a first-degree misdemeanor since the value was less than $300. But he’s still looking at a year behind bars potentially.
As you can see, the charges quickly escalate based on the property value. These examples show how giving false info to a pawnbroker is a serious crime in Florida.
Possible Defenses
The good news is there are defenses that a skilled lawyer may be able to raise on your behalf:
- Lack of criminal intent – The state has to prove you knowingly and intentionally gave false information. If you can show it was an honest mistake, that could defeat the charges.
- Misidentification – Police sometimes arrest the wrong person by mistake. We can argue they don’t have the right defendant.
- Unlawful police conduct – If the cops violated your rights or the law when investigating, evidence may get thrown out. This could result in dismissed charges.
- Invalid search warrant – If the search warrant used to find evidence was invalid, those findings could get suppressed. Another way to beat the charges.
- Entrapment – It’s illegal for police to coerce you into committing a crime you wouldn’t normally do. This applies here too.
The bottom line is don’t assume you’re doomed if accused of this offense. A skilled pawnbroker crimes lawyer will thoroughly analyze your case for defenses.
The Legal Process
If you are charged with providing false information to a pawnbroker, here is a quick overview of how the legal process typically unfolds:
- You will be arrested and taken to jail for booking if police believe they have evidence you committed this crime. This is when you should immediately invoke your right to remain silent until your lawyer arrives.
- Within 24 hours you will go before a judge for a bond hearing. This sets the terms of your release from jail while the case proceeds. A defense lawyer can argue for lower bond.
- The prosecutor will formally file charges by submitting an “information document” alleging you violated the pawnbroker false information statute.
- Your lawyer will analyze the prosecution’s evidence and file motions to suppress evidence or dismiss the case if merited. This happens before trial.
- If the charges aren’t dismissed, your case will proceed to either a bench trial before a judge or a jury trial. Your attorney’s job is to raise reasonable doubt about your guilt.
- If convicted at trial, a sentencing hearing will occur where your lawyer argues for the lightest possible penalty under law. They will bring up mitigating factors about you or the case.
- There are also alternatives to trial such as a plea bargain or diversion program in some cases. Your lawyer will discuss all options with you and the pros/cons of each.
The key takeaway is – don’t go through this alone. An experienced pawnbroker defense lawyer guides you through each stage while building the strongest case for dismissal or acquittal.
How a Defense Lawyer Helps
Having an attorney on your side from day one makes all the difference when facing pawnbroker false information charges. Here are some of the key ways a lawyer helps:
- We conduct our own thorough investigation of what happened. We don’t take the police or prosecutor’s word as fact. Oftentimes our investigation uncovers evidence to support dismissal or acquittal.
- We negotiate aggressively with the prosecutor to get charges reduced or dismissed pre-trial. Prosecutors know they might lose at trial against an experienced defense lawyer, so they’re often willing to bargain.
- We file motions to suppress evidence or statements if there were any constitutional violations by police. This can result in key evidence being excluded and the case dismissed.
- We utilize expert witnesses like psychologists or forensics experts to rebut the prosecution’s theories. Jurors find expert testimony compelling.
- We have resources like investigators and paralegals to dig deeper into the facts and find exculpatory evidence. Individual defendants lack access to these resources.
- If necessary, we take the case to trial and fight the charges in court. Fewer than 5% of criminal cases make it to trial because most result in plea bargains. But we aren’t afraid to take a case all the way when needed.
Don’t take chances with your future and freedom. The costs of a conviction are immense. Instead, hire a knowledgeable Miami pawnbroker defense lawyer to protect your rights and seek the best possible outcome.
What a Conviction Means
The penalties for a false information to a pawnbroker conviction will depend on the degree of the felony or misdemeanor charged. But any conviction will result in:
- Jail or prison time
- Probation
- Permanent criminal record
- Difficulty finding employment
- Loss of professional licenses
- Inability to own a firearm
- Deportation if not a U.S. citizen
- Exclusion from public housing
- Potential civil lawsuit by victims
Plus you’ll carry the social stigma of being a convicted felon or misdemeanant. In our internet age, these charges will follow you forever.
That’s why fighting the charges is so important. An experienced pawnbroker crimes lawyer can often get charges reduced or dismissed pre-trial, resulting in a better outcome. Always choose the fight over the plea deal.
FAQs About False Information to a Pawnbroker
What if I didn’t know the item was stolen when I pawned it?
If you can show you had no knowledge the property was stolen, this may help defeat the charges. But mere suspicion the items might be stolen is not enough – you had to positively know they were stolen.
Can I be charged with both theft and false information to a pawnbroker?
Yes, you can face charges for both the actual theft of the items and for providing false information to the pawnbroker. The charges related to each crime can be prosecuted separately.
What if I’m innocent but the pawnbroker misidentified me?
Eyewitness misidentification is a common cause of wrongful convictions. If the pawnbroker fingered the wrong person, an attorney can challenge the identification and seek dismissal.
Do I have to physically give false information, or is withholding info enough?
The law requires an affirmative false statement, not merely a failure to disclose information. So withholding alone is insufficient, you must have actively given false information.
What if I didn’t present any ID at all?
Not presenting any ID at all is not considered giving false information under the statute. However, pawnbrokers are required to collect ID for all transactions, so you could face charges for violating this requirement.
What if the police did something illegal during their investigation?
If the police violated your constitutional rights or broke laws when investigating, the evidence can be suppressed. Work with an attorney to file a motion to suppress to capitalize on these police mistakes.
Finding the Right Lawyer
If you or a loved one is facing false information to a pawnbroker allegations, it’s critical to have an experienced Miami criminal defense lawyer on your side. When researching attorneys, here are some key credentials to look for:
- Strong record of favorable outcomes in pawnbroker crime cases specifically. Check their case results.
- Member of the National Association of Criminal Defense Lawyers or Florida Association of Criminal Defense Lawyers.
- Gets continuing legal education on defending theft crimes. Laws change so you need a lawyer who stays updated.
- Willing to take cases like this to trial. Many lawyers simply convince defendants to take pleas. You want a fighter.
- Responsive communicator. Look for reviews praising their communication skills.
- Offers flexible payment plans. Top lawyers are often expensive. Payment plans make them accessible.
- Handles cases personally. Some firms pass you off to less experienced attorneys. Make sure you work directly with the lead lawyer.
Don’t gamble with a public defender or inexperienced attorney. Contact a seasoned Miami pawnbroker defense lawyer to discuss your case today. Time is of the essence, so call for help now before it’s too late.