Interstate Stolen Vehicle Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

Transporting a Stolen Vehicle (§ 2312; Pattern Instr. O86)

What the Government must prove (Elements):

1. The defendant transported a stolen motor vehicle in interstate commerce, or caused it to be transported.
2. The defendant knew the vehicle was stolen.

Under the instruction, "stolen" includes any wrongful and dishonest taking with intent to deprive the owner of the rights and benefits of ownership. It does not matter whether the defendant or someone else stole it. Driving it across a state line, or shipping it, is transportation in interstate commerce.

Receiving, Storing, or Selling a Stolen Vehicle (§ 2313; Pattern Instr. O87)

What the Government must prove (Elements):

1. The motor vehicle or aircraft was stolen.
2. After it was stolen, it crossed a state or U.S. boundary.
3. After that crossing, the defendant received, possessed, concealed, stored, sold, or disposed of it.
4. At that time, the defendant knew it was stolen.

The instruction says the Government does not have to prove who stole it, or that the defendant knew it had crossed a boundary. A "State" includes the District of Columbia and U.S. commonwealths, territories, and possessions.

Penalties

• § 2312: up to 10 years in prison, a fine, or both.
• § 2313: up to 10 years in prison, a fine, or both.
• Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Knowledge. Buying a car at a low price, or from someone you trusted, is not proof you knew it was stolen. Paperwork, the price, and what you were told all matter.
• Was it "stolen"? A dispute over a loan, a lease, or a sale between partners is not always a theft.
• The crossing. For § 2313, the boundary crossing must come after the theft.
• Your role. Working at a shop or a storage lot, or driving the car once, is not the same as knowing.
• Identification and searches. VIN checks, tracking data, and searches of lots and containers must follow the law. See Motions to Suppress.

What to Do First

1. Do not talk to agents about the vehicle without a lawyer.
2. Keep every paper about how you got the vehicle: bill of sale, title, texts, payments.
3. Do not move, alter, or sell the vehicle or its parts.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I never stole the car. Can I still be charged?

Yes, if the Government proves you transported, received, stored, or sold it knowing it was stolen. Both instructions say it does not matter who stole it.

Does it have to be a car?

The statutes cover a motor vehicle, vessel, or aircraft.

What if the car never left Florida?

These two federal laws require interstate or boundary-crossing movement. Florida has its own laws, and a motor vehicle is grand theft regardless of value. See Theft and Robbery & Carjacking.