Arrested in Fort Lauderdale for Possession of Stolen Property?
What does the Broward State Attorney's Office have to prove in a stolen property case?
There must be an appropriate factual basis in the record to give an instruction that proof of the unexplained possession of property recently stolen may justify a burglary conviction. This means first, that it must be shown that the defendant, when arrested, either failed to explain or gave an incredible or unbelievable explanation for possessing the property and, second, that the instruction applies only where property is undisputedly stolen and the question is who stole it. The standard jury instruction on possession of recently stolen property, setting forth permissible inference of guilt from a defendant's unexplained possession of property recently stolen, does not apply in a trial for burglary or grand theft only when State has proven actual rather than constructive possession of the property. Thus, a defendant's constructive possession of stolen property was sufficient to warrant giving of jury instruction on possession of recently stolen property, in a prosecution for burglary of a dwelling, where the stolen property had been stored by the defendant and his accomplice in the home of defendant's girlfriend.
Furthermore, instruction, in a prosecution for burglary of a dwelling, on inferences arising from proof of unexplained possession of recently stolen items did not violate the defendant's right to remain silent or impermissibly shift the burden of proof.
If you have been arrested in Fort Lauderdale for possession of Stolen Property, contact the criminal lawyers at William Moore, P.A. For information on Fort Lauderdale arrests, visit the Broward Sherriff’s Office website or contact the Fort Lauderdale police department.
