Criminal defense
Federal Mail Theft Charges in Miami
Taking mail is a federal crime. Cases often start with stolen checks, gift cards, or packages, and U.S. Postal Inspectors investigate them. Three statutes do most of the work: 18 U.S.C. § 1702 (obstruction of correspondence), § 1708 (theft or possession of stolen mail), and § 1709 (theft of mail by a Postal Service employee). Each carries up to 5 years in federal prison and a fine.
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):
- 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.
- 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):
- 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.
- 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):
- 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.
- The defendant possessed it after it was stolen.
- 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):
- The defendant was a Postal Service employee at the time.
- The defendant was entrusted with, or came into possession of, mail matter intended to be conveyed by mail.
- 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
- Do not talk to postal inspectors or other agents without a lawyer.
- Do not throw away or move anything connected to the case.
- If a search warrant was served, keep every paper they left. See Motions to Suppress.
- 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.
Related
- Cargo Theft & Interstate Stolen PropertyStolen shipments and property moved across state lines.
- Identity TheftUsing another person's identity: charges and defense.
- Forgery & Uttering a Forged InstrumentForged checks, signatures, and documents.
- Theft DefensePetit theft, grand theft, retail and employee theft.
- Motions to SuppressIllegal stop, search, or interrogation? Keep that evidence out of court.
- Bond & Nebbia HearingsGetting out after an arrest: bond court, source-of-funds holds, federal detention.