Failure to Return Hired or Leased Property


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Failure to Return Hired or Leased Property
allegations.
People often face criminal prosecution for Failure to Return Hired or Leased Property years after the fact or after they were unable to make payments in a pretrial diversion program.   If you find yourself being threatened with prosecution under this statute, give us a call.  We'll be happy to talk to you about your case.

What is Failure to Return Hired or Leased Property?

Failure to Return Hired or Leased Property is defined in Florida Statute Section 812.155(3).  To prove the crime of Failure to Return Hired or Leased Property, the State must prove:
  • You hired, or leased personal property, or equipment from the victim, and
  • as part of the hiring or leasing, you agreed to return the property or equipment to the victim at the end of the period for which the property or equipment was hired or leased, and
  • You knowingly abandoned or refused to return the property or equipment as agreed, and
  • You did so without the consent of the victim. 

What are the potential sentences of a Failure to Return Hired or Leased Property?

Value of Property is $300 or more

Up to 5 years in prison


Value of Property is less than $300

Up to 60 days in jail


What are the possible defenses to a Failure to Return Hired or Leased Property charge?

The most common defense to this charge is that the person did not knowingly abandon the property or refuse to return it.  Therefore, your attorney may be able to present the defense that the property was lost, stolen, or you were otherwise unable to return.  Another defense may include challenging the agreement between the store and you.  Also, many of these agreements are entered into by store employees who are unable to testify who they entered into the agreement with.  The State must prove that it was you who signed the contract.  There are many other defenses that may be available to you based on your specific facts.  Give us a call. 


If you or a loved one has been arrested for or accused of
Failure to Return Hired or Leased Property,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
or
407-228-2019
(Orlando). 

Contact Us 24/7 Se habla Español