Lake Wales, FL asked in Criminal Law for Florida

Q: Why was I arrested just because someone said I was the one who sold them a dump trailer that he was in possession?

The man told the cops that my husband and I sold him a huge dump trailer that he was in possession of but he was never arrested for dealing in stolen property. My husband has served a year in county jail due to this accusation. When neither of us took anything. They keep trying to put me on felony probation for something I never did . They have no real evidence of my husband or I stealing anything other than the other guy's word saying we did. The man accusing us has been 2 prison 5 times and has been arrested more than 30 times. I have a public defender who is DEFINITELY NOT ON MY SIDE. SHE DONT GIVE ME ANY ADVICE ON WHATS BEST FOR ME. OR ANY ADVICE ON ANYTHING. SHES ONTHE STATES SIDE TRYING TO GET A CONVICTION OUT OF ALL THIS. AND I HAVE NO MONEY TO PAY FOR AN ATTORNEY. IM FACING 20 YEARS AND I NEED HELP

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: Your comments reflect your personal beliefs. Your comments do not reflect the actual evidence, or the lack of evidence on an issue. The State should have listed every witness. You should collect all actions and reports related to each witness, then consider what that witness proves. The trailer you described may require a title upon transfer. If so, the possession of such a trailer without proof of title is a huge problem and must be explained. The charge of possession of stolen property does not require proof that you stole the trailer. Along the same vein the facts you describe could also involve dealing in stolen property, which only requires proof that the accused knew or should have known that the property was stolen. If you can’t afford to retain an attorney I encourage you to go over all the evidence with your PD and give the PD to explain what the evidence means in the context of this case.

Henry George Ferro agrees with this answer

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