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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, A friend of mine who lives in Florida stole a ring

Customer Question

Hello,
A friend of mine who lives in Florida stole a ring valued somewhere around $15,000, but it was returned to the owner. The owner decided not to press charges at the time. However now they are threatening with potential legal action. I was wondering what the statute of limitations is for them to press charges, as well as if the crime is void since the ring was returned? Thanks in advance.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Per FL Statute 775.15, Grand Theft of Second Degree (which is what this is) is a felony in the third degree, and the statute of limitations on this is 3 years after it is committed.

Civil action should be within four years of the event, per §95.11(3)(h).

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Customer: replied 5 years ago.
I appreciate your answer. However I am unclear about the effect that returning the property has on the law. Is there no change in the eyes of the law since the ring was returned to its rightful owner.

Additionally if they are threatening to press charges if he does not perfom a specific action, is that not considered blackmail and what is necessary to prove blackmail.
Expert:  Ely replied 5 years ago.
My pleasure.

In the criminal matter, there is no effect, because the deed has been done - the theft was executed. While the sentencing might be a lot lighter of the case dropped all together, it is still possible to have it pursued if within statute of limitations.

Civilly, it is a unlikely that anything would come out of it.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 5 years ago.
Thats exactly what I wanted to know and one last question. Additionally if they are threatening to press charges if he does not perfom a specific action, is that not considered blackmail and what is necessary to prove blackmail.
Expert:  Ely replied 5 years ago.
What kind of specific action is being requested?
Customer: replied 5 years ago.
Its silly, for him to continue to go out with the ring's owner's daughter.
Expert:  Ely replied 5 years ago.
§ 873. Blackmail
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.

Therefore, what they are themselves doing is illegal. You may want to use that as leverage to get out of this situation.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely and 4 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your time.
Expert:  Ely replied 5 years ago.
You are very welcome. Also, the threat re: blackmail would be better handled by a letter from an attorney as opposed to a verbal threat from you to them.

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