Federal Mail Theft 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.

Obstruction of Correspondence (§ 1702; Pattern Instr. O65)

What the Government must prove (Elements):

1. The defendant knowingly took mail out of a post office or an authorized mail depository, from a mail carrier, or after it had been in a carrier's custody, before it was delivered to the person it was addressed to.
2. The defendant acted knowingly and intended to obstruct delivery.

Under the instruction, a private mailbox is an authorized depository, and mail is not delivered until the addressee, or someone acting for the addressee, takes it out.

Theft of Mail (§ 1708; Pattern Instr. O66.1)

What the Government must prove (Elements):

1. The letter, package, or mail matter was in the U.S. mail: in a post office or station, a letter box, a mail receptacle, a mail route, an authorized depository, or with a carrier.
2. The defendant knowingly stole it.

The statute also covers mail left for collection on or next to a collection box.

Possession of Stolen Mail (§ 1708; Pattern Instr. O66.2)

What the Government must prove (Elements):

1. The mail was stolen from the mail, a post office, a letter box, a mail receptacle, a mail route, an authorized depository, or a carrier.
2. The defendant possessed it after it was stolen.
3. The defendant knew it was stolen.

The instruction says the Government does not have to prove who stole the mail.

Theft by a Postal Service Employee (§ 1709; Pattern Instr. O67)

What the Government must prove (Elements):

1. The defendant was a Postal Service employee at the time.
2. The defendant was entrusted with, or came into possession of, mail matter intended to be conveyed by mail.
3. The defendant knowingly embezzled it.

Under the instruction, a "decoy" item counts if a reasonable person would think it was meant for the mail.

Penalties

• §§ 1702, 1708, 1709: up to 5 years in prison, a fine, or both. None of these statutes sets a lower maximum for small amounts.
• Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Knowledge. Holding mail is not the same as knowing it was stolen.
• Intent. Section 1702 requires intent to obstruct delivery. Picking up a neighbor's misdelivered package is not automatically a crime.
• Was it still "mail"? Once the addressee or someone acting for them takes it out, it has been delivered.
• Identification. Camera footage, fingerprints, and phone records are tested, not assumed.

What to Do First

1. Do not talk to postal inspectors or other agents without a lawyer.
2. Do not throw away or move anything connected to the case.
3. If a search warrant was served, keep every paper they left. See Motions to Suppress.
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

Is taking one envelope really a federal felony?

Sections 1702 and 1708 carry up to 5 years, with no lower maximum for small amounts.

What if I didn't steal it, I just had it?

Possession can be charged under § 1708 if the Government proves you knew it was stolen.

Can I also be charged in state court?

Yes. Using stolen checks or cards can lead to separate Florida charges. See Theft, Identity Theft, and Forgery & Uttering.