Legal Question in Criminal Law in Florida

I am being threatened by a pawn shop for selling them a fake guitar. The Pawn shop is threatening to sue me, But i did not know it was fake, Before I pawn shop was able to accept my transaction, one of the employees at the pawn shop informed me that China makes a lot of Fake Gibson guitars, and the employee said to me "before we can accept your guitar as a pawn, I (employee) would have to inspect the guitar to see if it is real or fake".

So the employee inspected my guitar for 20mins and he came to the conclusion that my guitar was not fake but an authentic Gibson Guitar..

So by the employee being a guitar expert, i felt happy that the guitar I paid for was a real authentic Gibson..

Now a month later the Pawn shop is calling me to ask for their money back or their going to press charges

It was not my intention to sell a fake guitar.. The employee told me my guitar was real and authentic.

I am a full time student and i have no job.. I am not sure what to do.

Asked on 10/01/13, 10:50 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.
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They can't "press charges," only the State can. You should get an attorney that handles civil claims because at this point, it is not criminal. It is possible it may become that way, but that brings it back to my original point, get an attorney. If it becomes criminal, then you will be appointed a public defender. Otherwise, you may have to find an attorney that handles civil claims for a reduced rate.

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Answered on 10/02/13, 6:57 am
Joseph Justice The Justice Law Firm
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If you had no idea the guitar was fake, then you had no intent to defraud them so this matter is not criminal.

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Answered on 10/02/13, 7:10 am

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