Legal Question in Criminal Law in Florida
Recently a former employer called the police and had me arrested for theft of trade secrets for taking a customer list from that employer when I resigned. My question is, is that in the discovery phase of the evidence, the employer had the copy of the list in question, but did not turn it over to the police or the state attorney. Instead, the "victim" turned over a different list that was printed out recently and is not the same list that I am acused of theft but a totally different and unrelated list. Is it not required the the state via the victim confront me with the copy of the actual list in question, which they have in their possession, and not a substitute ? If the employer does not provide the actual list in question then can the case be dropped ?
1 Answer from Attorneys
You have what is known as best evidence rule working for you. In order for there to be a theft, there must be proof of it being stolen. Of course, they don't have to bring what is actually stolen or people would get away with theft all the time just by hiding the evidence. There just has to be proof that what was once rightfully the victim's property was taken by the accused, then he can be found guilty. It's possible this different list is just what the employer is saying was taken which would be sufficient. Feel free to call me at 727-528-1859 as I am in your area.
Craig Epifanio
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