Legal Question in Criminal Law in Florida
I pawned a minors guitar that was her Christmas present from her father two years ago. I saw it in her room for six months, and she asked me to sign the pawn slip since she was not 18. I did, her father found out what she did, and is now trying to get me to pay him 320 dollars for the guitar or is going to have me prosecuted for theft, possession of stolen property, and dealing in stolen property. Can I be held criminally or civilly liable for this even though I was not aware it was supposedly his?
2 Answers from Attorneys
Whether you are arrested & prosecuted for this offense turns largely on the State Attorney's Office in the jurisdiction where the complaint originates & how aggressively they prosecute criminal allegations. The situation you've outlined in your question would suggest that the guitar was a gift to your daughter & as such, was your daughter's to do with as she pleases. In my opinion, the key to this scenario is whether your daughter participated willingly in the pawning of her guitar and whether she's been forthcoming to investigators. I suggest you take the next step & meet with an attorney to discuss this matter further.
I think the State Attorney's decision on whether or not to act on this complaint will turn largely on how old the girl is, and what your relationship with her is. The closer she is to 18, the better your odds tha the State will decline taking any action. If, however, she was younger and the State becomes convinced that you somehow took advantage of her, an aggressive State Attorney's office may decide to proceed with charges.
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