In early 2020, “Ryan” was charged with theft and dealing in stolen property after purchasing unknowingly a stolen item from a friend. A conviction of only theft was made due to knowledge of the theft came after purchase. By that time Ryan had sold or traded the item to another friend. During the plea agreement there was a snuck in portion about the drivers license being suspended as per FSS 812.014. Unknowingly, the suspension took place and Ryan’s license was suspended for six months. The suspension lasted and Ryan’s driving privilege’s were restored after the term. Prosecutors and Attorneys were not aware of the change and the status quo ensued, with out further research.
What was not known was that House Bill 7125 Now amended the Florida statues for theft. Line 1839 – 1854 are lined through removing those provisions of the statute. Line 1855 now can allow suspension of a drivers license as an alternative to prosecution. It is recommended that you need to contact your attorney if your license is suspended and have them file a modification of sentence.
Theft consists two elements on the Jury instructions 14.1k
- knowingly and unlawfully [obtained or used] [endeavored to obtain or to use] the (property alleged) of (victim).
- [He] [She] did so with intent to, either temporarily or permanently
Many times ever changing laws will make crimes, sentencing and even being charged with crimes a burden on the defendant even though there was no crime actually being committed or punishment being delivered up conviction.
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