Legal Question in Criminal Law in Florida

Theft

Can a person be charged with a crime for making a call on a cell phone, without knowledge that this phone was stolen?


Asked on 1/09/08, 1:32 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Theft

Anyone can be charged with anything, but I guess your question is, can someone be convicted?

It depends on the circumstances. For instance, even if the person didn't directly know the phone was stolen, were the circumstances such that the person would know that something was up? For instance, "Here's this phone for five bucks. Make as many calls as you want, then just throw it away when it gets disconnected." That's called "willful blindness," and it's one way someone could be convicted even though they didn't "know" the phone was stolen.

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Answered on 1/09/08, 10:32 pm


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