Jacksonville, FL asked in Criminal Law for Florida

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

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3 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

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.

Jonathan Blecher
Jonathan Blecher
PREMIUM
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

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.

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

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

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