Q: Possible arrest warrant and how would you handle this situation
My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me some money for the trip to return the phone and my time. The person got upset and called the cops. About an hour later I get a called from a officer and he wanted to find out what happened. I told him what happened and I advised my intention was to return the phone. The officer got upset and said that I am depriving someone of property value of $1000 and he said he was going to create an arrest warrant. At this point I do not know what to do and I wanted to get this problem resolved as soon as possible. I have done some reading online about Felonies charges for something like this and I do not know what to believe What would you recommend me to do
A:
In a nutshell, you kept property you knew wasn’t yours and held it for ransom. Depending on the value of the phone the state definitely has enough evidence, coupled with the statement to police.
Call a local attorney and have him/her find out if the is a capias. And don’t make any more statements to the police and don’t make on admissions online that can be attributed to you.
A: From a technical standpoint, Mr. O'Sullivan might be right. From a practical standpoint, in light of recent events across the world and the US, will the the police took the time and effort to move to prosecute you. This isn't to say that police aren't going to enforce the law, but they would have to run the case past a prosecutor, who may have marching orders to not burden the system with non-violent offenses. An arrest would land you in jail and they don't want more people in jails right now. If the "victim" got the phone back, you may slide. Or not. Either way, you still need a local lawyer to monitor the situation for you. Be safe.
A: I do not agree with my colleagues...However, stop talking to police, get a lawyer and have him represent you...The person who left the phone in your car should have his property returned to him and you have offered to do so...
Terrence H Thorgaard agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.