Jacksonville Criminal Attorney Blog

The average Jacksonville resident does and has felt safe in their home and neighborhood. Unfortunately though, when the unthinkable happens, the average freshly distressed resident has very little ability to identify their own attacker, leaving holes for the average criminal to escape from. However, this also leads to the possibility of mis-identification. If one has been charged with such a crime, one should contact an experienced attorney to fight for one’s case.

According to the Bradenton-Herald, a man, while in his drive way, was robbed by an unidentified mugger, according to the Manatee County Sheriff’s office. The man was robbed just as he was getting to his home. The unidentified man ran up, pointed a gun at the man, stole his belongings, and then ran. The victim believes that he might have seen the assailant previously at a convenience store that day.

Most Jacksonville theft crimes involve some manner of shock to the victim. For some, this shock of being robbed allows for them to imprint on their minds a very decent description of the suspect in question. However, this is not always the case. For many, the shock, confusion and feeling of pure distress is something that is very blinding. Furthermore, the description becomes even worse the longer it has been since the crime.

Most victims, when asked for a description of their attacker, be it a mugging, sexual assault, or convenience store robbery, will give a very vague description as to the suspect. This is enough for the Jacksonville police to conduct a very loose search for a suspect; however, many times, it is not enough to confirm one person on. This problem has increased the use of lineups.

Typically, when the police have too many suspects to go on and the victim is not entirely clear as to the suspect’s description, the police will have the victim identify the suspect via a line-up, a procedure by which police take loose descriptions of the assailant, find people that could have been within the vicinity of the crime that match the description of the suspect, and allow the victim to point to which person they think committed the crime.

Line-ups have been used for some time by police; however, this common usage is not a good practice because there is a great possibility that mis-identifications can occur, leaving good people falsely accused of crimes they did not commit. These false accusations lead to charges that can completely wreck someone’s life, even if their name is cleared. However, if one contacts an experienced Jacksonville theft crimes attorney, one can make sure that if one has not committed the crime, one’s charges will be dropped, and if one has committed the crime, one will have the best defense to that crime and will hopefully have the possible punishment lessened.

Continue reading "Jacksonville Line-ups Not An Efficient Method Of Suspect Identification " »

Robberies tend to be some of the less brazen and more quiet of offenses, being most of the time at night and with the least amount of witnesses possible. However, some robberies are becoming more common place and during the day. If one has been charged with a crime such as this, one should contact an experienced attorney to fight for one’s case and bring to light defenses that one may not know about otherwise.

According to the Florida Times-Union, a Boost Mobile sales clerk was shot at the Boost Mobile retail store on Kings Rd. The incident occurred around 5pm. A still unidentified man walked into the store, demanded money, and when the clerk confronted the man, the robber shot him in the arm.

Jacksonville theft crimes are very common in kind and in practice. Most involve a smaller store, such as a gas station, an identifiable target, and a weapon. However, most of these crimes have one major problem that is inescapable: security-cameras. Security cameras have been the major culprit for why robberies have been solved and in a reasonably short amount of time. However, robbers know this and have taken steps to combat the problem.

Most robbers now were masks, as most know. However, there is an increasing problem as to identifying the robber. If, for instance, a person robs a store with an average height, average build, and is masked, and possibly is wearing baggy clothing, and the police have no opportunity to know whether the robber has facial hair, what color skin the person has, or any identifying marks, then, in a sense, the robber is now a ghost.

This growing problem of identifying suspects is becoming an issue with false identification. Many people who might match one or two characteristics of a robber might be subject to police questioning or even possibly an arrest. Some happen to be in the wrong place at the wrong time. However, just because you have been arrested for a crime you didn’t do, doesn’t mean that there is no hope.

An experienced Jacksonville theft crimes attorney can provide one the best defense possible to fight for one’s case and have the truth of one’s innocence brought to light. Being falsely identified by the legal system can be one of the most horrifying things possible, especially when one’s job might be on the line or reputation in the community.

You should not have to go down for a charge that you were not involved in. Just because someone else made a mistake, does not mean you have to live with the consequences. If you know you have been falsely accused of a criminal charge such as a theft crime, do the right thing. Do the smart thing. Contact an experienced attorney to fight for your case and ensure that the charges against you are dropped.

Continue reading "False Identification Defense To Boost Mobile Store Robbery in Jacksonville" »

Jacksonville is growing rapidly every year in the technological world, making life easier for its citizens every day. However, as technology advances, so does the knowledge and ability of criminals to steal using that same technology. No matter what the reason for the theft, when one is charged with an online theft crime such as this, one should contact an experienced attorney so that one can ensure one’s rights are protected.

According to the Florida Times-Union, the police are investigating a theft crime involving a Wells Fargo account. The Jacksonville police say that $20,495 was stolen out of a man and his sister’s joint account by way of 37 online payments over a period of about 5 months.

Theft crimes in Jacksonville are typically associated with muggings, robberies, or burglaries. However, thieves are becoming more non-personal and operated via cyberspace. As such, most criminals are able at times to get away with online theft. As such, law enforcement, banks, and other online-accessible financial institutions are gearing up their security.

Even though online bank account theft is a relatively new form of theft, the crime itself remains the same, until the legislature makes a new, more specified criminal charge for it. Even though there is not a new charge for the crime, the police and other investigative units have methods of finding out where the money is being stolen from, where the stolen money is going, and most of the time what the money is being used for.

In the case of the Wells Fargo bank account theft, the police have been able to tell that the money stolen was used to pay for a number of different things, including a mortgage, a JEA bill, and a few credit card bills. However, the police are still investigating who was actually responsible for the theft.

One method by which police investigate bank account theft is by tracing where the account was accessed, how and by who’s computer. Unfortunately, people can be arrested for online theft even though they themselves may not have been the actual thief. Someone accused of a crime such as this may see no way out in this particular situation. However, there are defenses than experienced Jacksonville theft crimes attorney can provide:

- the accused did not access the computer at the time the theft was said to occur
- the accused never used the computer at all even though it was registered to the accused
- common public or common private familial usage of the computer
- the accused has no possession of any of any possessions bought
- the accused is not recorded nor is connected to any bills paid

No matter what the particular set of facts, one will normally have a defense that an experienced attorney will use on behalf of the accused to make sure that at minimum, the charges can be reduced, and if possible, have the charges dropped entirely.

Continue reading "Online Thief Hits Wells Fargo Bank Account In Jacksonville" »

Jacksonville is a place filled with people who strive for their many different goals in life, be it fame, money, power or property. However, some fall short; others are down on their luck. Whatever the reason, if one is charged with a theft crime in Jacksonville, one needs an experienced attorney to fight for one’s case.

According to the Sun Sentinel, the Broward Sheriff's office is continuing their search for an armed robber. The robbery was said to have happened at a Subway in Dania Beach, Florida, when during the morning hours of the day, the armed robber came across the counter, emptied the safe, and then locked the Subway employee on duty in the bathroom.

Florida theft crimes have become more and more common during the morning hours of the day. Most stores are just opening, if not twenty-four hour stores, managers have the safe open and/or are counting money, police are changing shifts, and there are typically less witnesses for the robber to worry about.

Though robberies are becoming more common and better planned, there are some common misconceptions about the crime, including confusion between robbery and burglary.

In Florida, robbery, according to Florida Statute 812.13, is when one violently takes money or property from another person with the intent to either temporarily or permanently deprive them of it. Burglary, is a little bit different however.

In Florida, burglary, according to Florida Statute 810.02 is when one enters a dwelling, business, or property not owned by that person, with the intent to commit a theft crime. The difference important difference between robbery and burglary is that with robbery, there one is stealing directly from a person, and with burglary, someone is stealing from a person’s dwelling, business, or property, rather than from the person directly.

There is a major difference in penalties as well. Because legislators as well as public opinion on the whole value human life more than property, there are steeper penalties for robberies as opposed to burglaries.

Burglaries are typically handled as second or third degree felonies, resulting in up to 5 years in prison. Robberies, however, are at minimum second degree felonies and typically carry over a decade in prison time.

In the case of the man who robbed the Subway, if caught, he will be charged with armed robbery, which penalties for that charge are significantly steeper. Armed robbery is a first-degree felony and as such, if one is convicted of armed robbery, one is subject to up to life imprisonment.

Continue reading "Police Continue Search for Florida Armed Robber" »

Around the holiday season, the air is filled with the smell of cinnamon and the sounds of Christmas music. Many are shopping for gifts for friends and relatives. Unfortunately, some are tempted to rob, burglarize or shoplift. If one is involved in something like this, one should gain an experienced Jacksonville criminal defense attorney so one knows the rights they have.

Jacksonville theft crimes can range anywhere from simple shoplifting at a department store to breaking into a bank. In any case, the penalties can be severe. One should know the difference between these two offenses and what one’s rights are with each offense.

Robbery and shoplifting are commonly confused with burglary; however, they are different acts. The act of robbery is when someone steals something from someone else, typically by force. Burglary, on the other hand, is where someone breaks and enters into a building or car that is unoccupied, and steals property.

Florida is particularly tough with theft crimes. Robbery, under Florida Statute 812.13, is a second-degree felony punishable by up to 15 years in prison even if no weapon was used. So, at minimum, a person can be sentenced to prison for more than a decade for committing an unarmed robbery. If a weapon is used, the person can face 30 years to life.

According to Florida Statute 810.02, burglary is usually handled as a third-degree felony, which is punishable by up to five years in prison. If a person is in the house at the time of the burglary, or if the suspect assaults someone, the penalties can be bumped up to second- or first-degree felonies.

In Jacksonville, some judges can be particularly tough on theft crimes, more so than other judges. These situations can sometimes leave some first time offenders in worse situations than second or third time offenders, depending on the judge they come before. In these situations, one needs an experienced and knowledgeable Jacksonville theft crimes lawyer to mount the best defense possible, so that no matter what Judge one goes before, one will have a better chance of lessening the charge, sentence or possibly being acquitted of that charge.

Continue reading "Jacksonville Residents Warned of Consequences of Shoplifting This Holiday Season" »

Authorities are on the lookout for a woman who allegedly robbed a Walgreens pharmacy at gunpoint recently, News4Jax reports.

Charges of robbery in Jacksonville are considered very serious in the criminal justice system and can be punished with long prison terms. When a weapon is used, whether shown or not, the suspect can face decades behind bars.

Like any criminal case, there are defenses. And a Jacksonville criminal defense lawyer is prepared to investigate and prepare a strong defense so that the defendant's rights are upheld.

Robbery and burglary are sometimes confused, but they are different crimes altogether. Robbery means taking property from a person, while burglary means stealing from an unoccupied dwelling or vehicle. In most situations, burglary is charged as a third-degree felony, which is punishable by up to five years in prison.

In cases where a person is inside the building, burglary can be a second-degree felony (15 years in prison). It's only charged as a first-degree felony if a weapon is used or a victim is assaulted.

The lowest charge for robbery is a second-degree felony. In cases where a weapon is used, it's an automatic first-degree felony, which can send a person to prison for 30 years to life. This is almost as serious a charge as a person can face in Florida.

In the Walgreens case, a woman in a black hooded jacket walked into the store on a recent Saturday night just before 9:30 p.m. The woman approached an employee at the register and held her hand under her jacket as if she had a handgun.

The news report states the woman took cash and got into a dark SUV before driving off.

The Florida Times-Union reports that other drugstore robberies in recent days have authorities believing the suspect is similar in multiple cases. The newspaper states that armed robberies at a different Walgreens and a CVS store appear to be connected.

Police say that a combination of the bad economy and the approaching holidays may be to cause for an increase in robberies citywide. Police state that robberies are up in the last month compared to the previous month.

The second Walgreens robbery happened three hours after the first. After threatening to cut the employees throat, the worker couldn't open the register and the suspect fled. In the CVS incident, 10 minutes and three miles away, a woman demanded three times that the employee open the register, who refused. The woman than left in a dark SUV.

In apparently unrelated incidents from the drug store cases, the two discount retail stores were robbed Saturday morning and Sunday evening. In both those cases, men are the suspects. In both those cases, they demanded money and ran off after employees opened the register.

Continue reading "Walgreens Robberies Have Authorities Searching " »

A 19-year-old has been charged in connection with a reported burglary in the gated Epping Forest community recently, The Florida Times-Union is reporting.

Charges of burglary in Jacksonville shouldn't be confused with robbery in Jacksonville. Burglary is the less serious of the two because it's defined as stealing from a place, whereas robbery is stealing from a person.

Burglary charges can still lead to serious prison time if a person is convicted, depending on several factors, such as whether anyone was in the building at the time of the burglary, whether a weapon was used and the value of what was stolen.

But as an experienced Jacksonville criminal defense lawyer knows, when authorities arrest a person for burglary, they try to match the style of that burglary to others in the area. People who face theft charges are typically looked at for a variety of crimes as police try to make arrests for unsolved cases.

In this case, a 19-year-old was arrested, and while he wouldn't be considered a juvenile by most standards, there are provisions that allow a young person to be sentenced as a "youthful offender" in Florida if they meet certain criteria. In many non-violent cases, if a teen isn't prosecuted in juvenile court, this can be an opportunity to face a reduced charge or not have the charge come up on their criminal history record.

But youthful offender status isn't granted in every case and it takes specific circumstances in order to work out. It's an avenue that an experienced Jacksonville criminal defense lawyer may be able to explore for a young client.

The 19-year-old was being held on $35,000 bail, the newspaper reports. Police were called by neighbors after someone spotted a man inside someone's garage in the 6700 block of Epping Forest Way North. Eventually, more officers and a police dog showed up.

The police dog tracked the man to the front gate of the community and an officer on patrol a few miles away spotted a man that matched the alleged intruder's description and stopped him. The man was walking with a computer, cellphone, iPod and glasses that police say had been stolen from vehicles in that neighborhood.

The article doesn't state what charges the teen now faces, but it's likely that theft or burglary charges could be levied against him. It doesn't appear from the article that he stole anything from the house, so he may face a less severe charge than burglary for being in the garage.

Theft charges in Jacksonville can range from simply shoplifting something to planning a crime to break into a house and stealing from people. Accordingly, the penalties can range from misdemeanors punishable by jail time or probation to felonies that can land someone in prison for years.

Either way, an experienced lawyer should be hired to help a client in this situation. Theft charges can look bad on a person's criminal record, especially a young person who is trying to get into college or have a future career. These can make life very difficult. So, fight the charges aggressively.

Continue reading "Auto and Home Burglaries in Jacksonville Lead to Arrest" »

A late night meal turned terrifying recently when three masked men broke into a Whataburger restaurant in Jacksonville, News4Jax.com reports.

Charges of robbery in Jacksonville can lead to serious penalties if a person is convicted. If weapons are involved, the problems worsen.

Jacksonville criminal defense attorneys have defended many clients facing this tough charge. Robbery, not to be confused with burglary, is when a person steals directly from a person, usually with force. This doesn't require the threat of a weapon, but it can. Burglary, however, is generally breaking into an unoccupied building or car and stealing property.

The charges are different and so are the penalties.

According to Florida Statutes 810.02, burglary is usually handled as a third-degree felony, which is punishable by up to five years in prison. If a person is in the house at the time of the burglary, or if the suspect assaults someone, the penalties can be bumped up to second- or first-degree felonies.

Robbery, under Florida Statutes 812.13, is a second-degree felony punishable by up to 15 years in prison even if no weapon was used. So, at a minimum, a person can be sentenced to prison for more than a decade for committing an unarmed robbery. If a weapon is used, the person can face 30 years to life.

In the Whataburger case, the news station reports that three men broke into the restaurant and made workers and customers lay on the floor as they stole money before leaving the scene. No one inside the restaurant was injured.

Police say they attempted to pull over a "suspicious" car, but it fled and led police on a chase before crashing. Three men were in the vehicle and ran off. Two were arrested, but the third got away. One of the men arrested had to be treated at a hospital for injuries sustained when taken down by a K-9 officer.

Police are still investigating whether there is a connection between the car chase and the robbery. Though, it would seem to be apparent if they found masks in the vehicle or what looks like stolen cash.

It must also be investigated whey police thought the car was "suspicious" in the first place. Police are required to have probable cause when making a traffic stop. This means they must see a traffic violation or have more than a "hunch" or suspect a car is "suspicious" before they try to pull it over. In cases where a "be on the lookout" has been issued for a make and model of car, that might qualify as reason enough to pull over a car, but saying it looked strange might not cut it.

That may be an avenue for a Jacksonville criminal defense attorney to look at once the case progresses. It may be possible to file a motion to suppress, which could eliminate all evidence police collected.

Continue reading "Jacksonville Police Investigate Whataburger Robbery, Crash" »

Two men have been arrested and Jacksonville police believe they are responsible for a rash of car burglaries in San Marco, News4Jax.com reports.

Theft-based crimes, such as car burglary in Jacksonville, are typically handled as serial crimes by police. That means that detectives often believe that a person who commits one crime is likely responsible for others.

Investigators typically assume that a person is responsible for a string of crimes if they make an arrest. Sometimes they have proof and sometimes, as Jacksonville criminal defense lawyers have seen, they have nothing but a desire to get old cases off the books.

For police departments, in general, making an arrest is good enough to clear out an old case and make their statistics look better. The fewer open cases they have, the better it makes the department look. But officers must have some proof to charge a person with a crime and it's up to a lawyer to hold the state, once prosecutors get the case, to an even higher standard.

Police must have probable cause, which is a reasonable suspicion that a person has committed the crime, to make an arrest. It's not much, but it still is a standard. Prosecutors must prove a case beyond all reasonable doubt, which is an even higher standard of proof.

So, charging a person with a string of crimes comes with some responsibility. A person can't be a suspect simply based on an area of town, a type of burglary tool used or the "motive" behind hitting a certain type of house, car or business. But it happens.

In this case, two men -- ages 18 and 22 -- were arrested and charged with car burglaries in the San Marco area of Jacksonville. Police are saying that they found what they have deemed stolen property on the suspects and believe that the quantity means there may be other victims.

Police based these arrests on a witness who followed two men after they allegedly broke into the woman's neighbor's vehicle. After she followed them, she called 911 and told dispatchers where the men were turning. When police stopped them, they allegedly found CDs, sunglasses, a backpack and a GPS device.

From the woman's description, it appears she saw men walking down the street, but didn't see them break into a vehicle. She said she followed them because they looked suspicious and drove off after she spotted them.

There is a difference between car burglary and grand theft auto, however. Car burglary means to break into a vehicle and steal things from it, such as money, a laptop or other electronics. Grand theft of a vehicle means to break into the vehicle and actually take the vehicle.

Car burglary is typically filed as a third-degree felony, which is punishable by up to five years in prison, if no weapons are used and no one is inside the vehicle. Grand theft of a vehicle, depending on the value of the vehicle stolen, can be punished as either a third-degree, second-degree or first-degree felony.

Continue reading "Car Break-Ins Lead to Arrests of Two In Jacksonville" »

A man whose case was discussed on the Jacksonville Criminal Attorney Blog in August was recently indicted on charges of mail and wire fraud in federal court.

What defendants must consider is that when they face charges such as theft in Jacksonville, there is always a possibility the charges could be shifted from state circuit court to federal court.

That means penalties against a defendant can increase and charges can become more difficult to defeat if a case gets moved to federal court. Charges of grand theft can turn into scores of charges of fraud, including mail and wire fraud.

In this case, the Jacksonville man was previously charged with wooing potential investors by driving around in a Bentley. He allegedly convinced investors to give him money because he was a graduate of the Massachusetts Institute of Technology and was a high-dollar broker. Police allege he convinced a woman to give him $10,000 while he was sitting in jail on a three-way phone conversation.

He previously pleaded guilty to two counts of grand theft for stealing from Midas after they did nearly $10,000 of work on the Bentley. He had already spent enough time in custody to be sentenced to time served.

But while awaiting the charges on the alleged investment scheme operation, a federal grand jury indicted him on three counts of wire fraud, two counts of mail fraud and a single count of conspiracy to commit mail fraud.

The wire fraud charges stem from four transfers of $500 each from an alleged victim in Jacksonville to the man in Los Angeles. It's unclear where the mail fraud charges stem from.

The Florida Times-Union reports that the state charges of organized schemes to defraud may be temporarily dropped while federal charges are pending. The newspaper reports those charges could be re-filed if the man isn't convicted in federal court.

Being charged federally changes the situation for a defendant. Federal prosecutors are able to use the resources of not only local law enforcement officers, but also federal investigators who are specially trained in these complex criminal cases.

This is all the more reason to make sure a defendant has strong legal representation at every step of the case. Typically, state prosecutors will take on cases that could go to either system. Sometimes, federal prosecutors request to take over cases where they feel they can secure convictions with greater penalties or if the defendant has a long criminal history record.

Under federal sentencing guidelines, criminal history record and financial lost are calculated to give judges a possible range of imprisonment for which to punish a defendant. But in the state system, judges have more discretion on sentencing and can send a person to prison based on the possible penalty for that charge. That can make a big difference alone.

Continue reading "Jacksonville Man Accused in Investment Scheme Indicted By Feds" »

A recent case out of Nevada shows how mistakes can be made in Jacksonville theft cases and why holding the state to its burden of proof beyond all reasonable doubt is critical.

Jacksonville criminal defense lawyers have seen many state prosecutors attempt to use weak or tainted evidence in the furtherance of their case. It's unfortunate that the state has attorneys who will try to get by and strip away a person's liberty with less-than-credible evidence and witnesses.

In Stephans v. State, that's exactly what happened. In this case, two men were charged with stealing six bottle of men's cologne from a department store.

But at trial, the state didn't bring in a store manager, cologne distributor or anyone who could have confirmed the value of the cologne. Instead, the state relied on, over the objection of the defense, a loss prevention officer to prove the crime of theft as well as the value of what was stolen.

The witness testified that the stolen goods he recovered had price tags adding up to $477. But neither the price tags, nor duplicates from the store, were entered into evidence. In Nevada, in order to prove grand larceny, the state must show the value is $250 or more. And based only on the word of the loss prevention officer, a jury convicted the men of grand larceny and burglary and conspiracy to commit larceny.

The Nevada Supreme Court reversed the decision, ruling that the judge abused his discretion in allowing the loss prevention officer to testify. The man was given a new trial on the grand larceny charge.

What many people may not consider in theft cases is that not only must the state prove beyond all reasonable doubt that a person is guilty of committing the theft, but they must prove the value stolen in order to show what type of theft was committed.

Florida Statutes 812.014 lays out the definitions of theft and grand theft. Everyone knows what theft is -- simply the stealing of property in order to benefit from it.

But the values of what is stolen vary and can determine whether a person faces misdemeanor theft or felony theft. The law lays out many different scenarios that can turn a theft charge into a grand theft charge, including situations where property is stolen from emergency vehicles or loading docks.

But what applies in most cases is simply the range of values for different levels of theft in Florida.

First-degree grand theft: $50,000 or more stolen from a dock; $100,000 or more stolen from a law enforcement semi-trailer and if while committing the theft uses a vehicle

Second-degree grand theft: $20,000 to $100,000 in property; less than $50,000 from a dock; $300 or more of emergency medical equipment or law enforcement equipment

Third-degree grand theft: $300 to $5,000; $5,000 to $10,000; $10,000 to $20,000; a will; firearm, vehicle, farm animal, fire extinguisher, citrus, stop sign, ammonia or drugs

Petit theft: $100 to $300

As you can see, the number of things that can be stolen to qualify a person as a felony offender is wide-ranging. There are more specific definitions, which are too long to list. But the point here is that proving value is critical. The state must have concrete evidence that not only the defendant committed the crime, but also that the value hits the statutory limits in order to prove which level of theft is committed.

And the differences are staggering. A first-degree grand theft is punishable by up to 30 years in prison, but second-degree is punishable by 15 years. A third-degree felony is a five-year prison sentence, while a misdemeanor is up to a year in jail.

Continue reading "Stephans v. State Illustrates Why State Has the Burden to Prove Theft Charges in Jacksonville" »

The Florida Times-Union reports that a man is wanted for stealing more than $3,000 in video games from a Fleming Island Wal-Mart.

Theft crimes in Jacksonville may seem like minor charges, but they can involve serious prison sentences, especially if police investigators are able to establish the defendant participated in several cases.

Jacksonville criminal defense attorneys have seen how prosecutors stack charges against defendants, seemingly forcing them into a plea deal. If they charge a person with 30 counts of grand theft for instance, the fact that anyone could face that many counts of grand theft may sway jurors to think the person is guilty, even before any proof is presented.

Prosecutors know that, so sometimes this makes defendants take the first plea offer that comes around. But an aggressive defense attorney can work to get charges dismissed and create doubt about whether the state has enough evidence to go forward on other charges.

In this case, the newspaper reports, a man walked into the store and for an hour piled up Madden NFL 2012 video games from a display and walked out of the store with $3,200 worth of merchandise. By the time video surveillance, which allegedly caught the acts, was reviewed, the man was gone. At a sticker price of $60 each, the man allegedly got away with more than 50 games.

Clay County officials are still attempting to find the man who allegedly was caught on video pushing a shopping cart to the display and grabbing a number of games. He then is seen going to the hardware department and begins opening the game cases with a screwdriver.

The discs are stuffed in his pants while the cases are stuffed behind other merchandise. The newspaper reports 54 games were taken from the display. Officials say he got away in a white four-door vehicle.

While it appears investigators are leaning heavily on the video surveillance, it will be interesting to see how clear the video is compared to images of the suspect, if one is arrested. Sometimes, police tell the media that video surveillance has identified a person, but in reality, the video is so fuzzy it can't possibly be used to identify a person.

Typically, in cases where a person is arrested for a large-scale theft crime in Jacksonville, it is only after he or she has sold the stolen goods that they are caught. This sometimes requires using the word of less-than-credible pawn shop workers or others who may not be trusted.

Shaky evidence and even shakier witnesses must be challenged by an aggressive attorney, regardless of the charges faced by the defendant. A person's liberty mustn't be stripped away because of weak evidence presented by the prosecution. They have the burden, not the defendant, to prove the charges beyond all reasonable doubt. It is not the defendant's responsibility to disprove the charges or prove him or herself innocent.

Continue reading "Wal-Mart Video Game Thief On the Loose in Fleming Island" »

A long list of property crimes were recently reported in Clay County and compiled by Florida Times-Union staff writers. They range from an attempted robbery to thefts and burglaries.

Theft charges in Jacksonville can range from the minor -- walking into a convenience store with no money and walking out with a pack of gum -- to the major -- holding up an innocent person at gunpoint and getting away with their purse or wallet.

As the severity of the circumstances can vary, so too can the possible penalties. A person charged with these types of crimes can face a year in county jail if convicted of a misdemeanor, while someone who faces a felony charge for robbery, for instance, can face up to 30 years in prison if a weapon is used during the crime. Hiring a Jacksonville Criminal Defense Attorney who has seen many of these cases over the years is important and is one of the first steps in preparing to defend yourself from these allegations.

According to the article, people reported many crimes in a week's time span in Clay County. An unsecured lawn mower was stolen, as was a generator and air conditioning unit. People say a wallet and cell phone were left unattended and they, too, were taken. A golf cart, bicycle and gasoline also made the list.

Among the more serious charges reported was when a person said they were approached by a man they don't know in front of their home in Middleburg when the man put the victim in a bear hug and allegedly asked for money. When the person said they had no money, the suspect ran away.

Garage doors from a house under construction, a television from an apartment and music equipment from a house were all reported stolen after burglars entered their respective homes.

Under Florida law, a person can be convicted of burglary if the state can prove the suspects entered into a building and took property that doesn't belong to them. Burglary is different than robbery, which is taking property directly from a person, sometimes by force. Theft is typically defined as stealing something with the purpose of depriving the person of those goods.

The definitions of the crimes vary, and so do the penalties. Theft is typically charged as a misdemeanor, but can be charged even as a first-degree felony, which is punished by up to 30 years in prison, if convicted. A person could be charged with first-degree theft if they steal more than $100,000 from another.

Under Florida law, burglary and robbery are both charged as felonies and the degree depends on the circumstances. For instance, if a person uses a weapon during a robbery, the potential penalty will increase. If a person is assaulted or battered during a burglary, the suspect can face a first-degree felony as well.

Continue reading "Thefts, Burglaries and Robbery Reported in Clay County " »

As the Jacksonville Criminal Attorney Blog has previously reported, prosecutors and police have had a hard time grappling with a man who is charged with bilking investors out of money while impressing them with his vehicles, including a 2007 Bentley.

But recently, the man admitted fault in stealing from Midas after a $9,300 brake job on the Bentley, The Florida Times-Union recently reported. While he has been sitting in jail awaiting those charges, he accumulated enough time in custody that he decided to plead guilty to two counts of grand theft and was sentenced to time served. The grand theft charges stem from Midas, where he got work done on the car and drove off as well as for another store, where he got $700 worth of new tires on a different vehicle and didn't pay.

Theft charges in Jacksonville can range from shoplifting a pack of gum to an armed robbery at a person's house. And with the change of circumstances comes the change in possible penalties. They can range from days or months in jail to years or decades in prison. And along with time served comes the possibility of restitution -- or paying back what was stolen. For all these reasons, hiring an experienced Jacksonville Criminal Defense Attorney, one who has always been on the side of the defendant, is critical.

In this case, it appears the 34-year-old felt it was in his best interests, considering the more serious charges on the horizon, to enter guilty pleas in the less-serious grand theft charges. For this particular defendant, maybe this was the best option. According to The Florida Times-Union, he has been arrested 26 times since 1995 on a variety of charges, most from Orlando, where he lived before moving to Jacksonville.

In the other case, the man is accused of wowing investors with the luxury cars he drove, including the Bentley, the newspaper reports. He met alleged victims in gas stations and apartment complexes and said he was a graduate of the Massachusetts Institute of Technology and was a high-dollar broker with connections to financial institutions.

Police say he was able to get a woman to send him $10,000 while sitting in the Duval County jail with the help of a co-defendant on a three-way phone conversation. In that case, he faces charges of organized schemes to defraud and is being held in lieu of $1 million bail.

Investment schemes are difficult these days because before the Great Recession, if an investment failed, investors typically just chalked it up to a bad investment or a fluctuating market. But in today's economy, more and more investors are pointing fingers and making accusations of fraud.

Because of greed, many people sank retirement and a large amount of money into investments, hoping for a quick turnaround. But especially in the real estate market, and especially in Florida, which has been hard hit, many people lost. And now police and prosecutors are looking for someone to blame.

Charges of investment fraud and running schemes to defraud investors can be bogus and must be aggressively defended by an experienced Jacksonville Criminal Defense Attorney. Between possible prison time and restitution, these charges are serious and require heavy scrutiny of the prosecution's case.

Continue reading "Jacksonville Man Pleads Guilty to Grand Theft in $9,300 Brake Job Case" »

Detectives allege three men in custody and a fourth who is at-large were responsible for break-ins at area Best Buy stores from Jacksonville to Ocala, The Florida Times-Union reports.

Jeffrey Lamont Platts, 32, William David Alonzo, 19, and Demarco A. Varnes-Appling, 21, have all been charged with burglary. Additionally, Varnes-Appling has been charged with
aggravated battery and aggravated assault against an officer, resisting an officer without violence, auto theft, leaving the scene of an accident and reckless driving, the newspaper reports. Detectives believe two other men are also involved.

These are some serious allegations that can put these young men in prison for years and possibly decades, which is why hiring an aggressive Jacksonville Criminal Defense Attorney is so critical. The case reflects a piling on of the charges so often seen (and so often unwarranted) when dealing with defendants. Take the assault on a police officer and resisting arrest without violence charges. Which is it? Police have thrown the book at the defendant hoping something sticks.

According to the news report, the Jacksonville Sheriff's Office worked the case for several months after reports of similar suspects breaking into the large electronics stores. Detectives say they caught the men in the act recently at a Jacksonville Best Buy, using covert deputies to hide in bushes and near the store waiting. According to the article, the men cased the store for five hours before breaking in around 3:30 a.m., by busting through a wall in the back.

People sometimes get burglary and robbery mixed up. Burglary is stealing something from a structure, while robbery is stealing from a person. While a burglary can be committed with a person present, it is typically charged when a business or vehicle is broken into and possessions are stolen. Therefore, the penalties for burglary are typically less than for robbery, but both charges are felonies and can be punished by prison time.

According to Florida Statute 810.02, there are different forms of burglary:

Burglary as a first-degree felony: If a person assaults someone during the crime, is armed during the crime, causes damage to property during the crime or uses a vehicle to damage property as part of the crime. It is punishable by up to 30 years in prison.

Burglary as a second-degree felony: If a person doesn't assault someone and isn't armed, but commits a burglary where a person is inside the dwelling or structure at the time. That crime is punishable by up to 15 years in prison.

Burglary as a third-degree felony: This is perhaps the most common type of burglary charge, which happens when someone breaks into an empty house or building. It is punished by up to 5 years in prison.

If a vehicle is stolen, under Florida Statute 812.014, the person can be charged with grand theft of an vehicle, which is a third-degree felony, punishable by up to 5 years in prison.

It's clear that these penalties are steep to serve as a deterrent to people who would consider breaking into homes, buildings or vehicles in order to steal. But being able to prove the charge is a whole other matter. Prosecutors sometimes have difficulty proving these charges unless law enforcement catches someone red-handed.

If they have to rely on co-defendants who have their own credibility issues, it can be advantageous to the defendant. Not making a statement is critical in these cases because they can be used against the defendant in court.

Continue reading "Car, Store Break-Ins Lead to Felony Charges in Jacksonville" »

The St. Augustine Record recently reported about a man who faces charges after allegedly trying to sell about $100,000 worth of stolen jewelry at a Jacksonville pawn shop.

In Florida, theft charges come in many different ways. The charge can mean allegations ranging from shoplifting a $5 t-shirt to breaking into someone's house with a gun, demanding money. And with the allegations ranging, so do the penalties. But Jacksonville theft charges can be very serious because authorities will sometimes attempt to pile on the charges, adding to the possible jail or prison time.

And that's where an experienced Jacksonville Criminal Defense Attorney comes in. The great thing about the criminal justice system in this country is it affords everyone the right to a fair trial and an aggressive defense attorney who is trained to fight the charges. Being able to examine all the evidence with a trained eye and shoot down prosecution theories and law enforcement evidence is imperative when a person's liberty is on the line.

The 26-year-old Ponte Vedra Beach suspect in this case was arrested by St. John's County deputies after he tried to sell some jewelry at a pawn shop. According to the newspaper, he is charged with burglary, larceny of $50,000 or more, grand theft, dealing in stolen property and probation violation.

According to the article, the investigation began when homeowners in Ponte Vedra Beach noticed jewelry missing from their house after a break-in. Detectives began going to pawn shops in the hopes of discovering if the jewelry had been sold recently.

While at one Jacksonville Beach pawn shop. detectives saw a man come in and attempt to sell a large amount of jewelry. Contacting the homeowners, they confirmed that the jewelry belonged to them.

Detectives then searched the man's vehicle and found more jewelry as well as tools typically used to break into homes. They arrested him on the spot. The man told detectives he found the jewelry while riding his bike.

What the article doesn't state is whether the detectives had probable cause to search the man's vehicle and obtain the other evidence they plan to use against him in court. What didn't help was the suspect speaking with police.

It is rarely a good idea to give a statement to law enforcement officers when being investigated for a crime. Detectives are trained to get confessions. They are legally allowed to lie to suspects to get the information they want and they get pressure from their bosses to get a person to admit to committing a crime.

Many people believe they can talk their way out of a crime by talking with detectives, but they are trained to keep track of what a person says and are able to cross them up later on if they provide contradictory facts. And whatever a person says can be used against them in court. It is advisable to speak with an experienced Jacksonville Criminal Defense Attorney before saying anything.

Continue reading "Jacksonville Beach Pawn Shop Site for Alleged Sale of Stolen Goods" »

Jacksonville man was arrested recently and charged with bilking investors out of $100,000 in an elaborate investment scheme, the Florida Times-Union reports.

Fraud charges in Jacksonville can range from using a worthless check to pay for something to setting up a scheme to steal money from investors. The penalties vary from days in jail to years in prison and, therefore, hiring an experienced Jacksonville Criminal Defense Lawyer is critical in order to protect your rights and defend the case.

Police charged the man with organizing schemes to defraud after they allege he impressed investors with luxury vehicles and then got them to transfer money to him for bogus financial fund investments. According to authorities, he would provide investors with what police call fake financial documents and set up meetings at an attorney's office to discuss their investing in hedge funds.

Police say he isn't a real licensed broker and used his vehicles, including a 2007 Bentley, to try to impress investors. One alleged victim, police say, was conned into transferring $10,000 into the man's bank account while he was in jail. An alleged co-defendant has been arrested in connection with the case, the newspaper reports.

Allegations of fraud can be difficult to prove in Florida, in part, because of the Great Recession, which has caused havoc to people's savings accounts and finances. In years past, when investments would make money, investors tended not to gripe to the people running the operation.

But when the stock market started to crumble and people began losing money, they looked everywhere they could to re-coup the funds. And that included people charged with running investments. This has led to a lot of people facing criminal charges for fraud in Jacksonville when they were simply running an investment business that didn't fare well.

But proving the investment business was criminal can be difficult, as all white-collar crimes can be. White collar crimes are typically considered financially based crimes that focus on stealing money through highly complex scams. Blue collar crimes are also considered theft crimes, but usually burglary and theft.

While investments can never be guaranteed, people who lose tend to think they should definitely re-coup money and seek criminal prosecutions or civil lawsuits if they don't win.

This can be a dangerous situation for investment professionals and requires that an experienced Jacksonville Criminal Defense Lawyer be contacted as soon as possible. Reviewing the records will take time and being available when law enforcement officers come knocking is critical, too.

Continue reading "Man Charged with Investment Fraud Scheme in Jacksonville" »

The Florida Times-Union recently reported on a former Jacksonville postal worker who was sentenced to two years of probation after stealing retail store gift cards from people.

The postal worker, a former Persian Gulf Navy veteran who spent 20 years in the service, suffers from post-combat stress and picked up a drug habit in 2010, when the crime occurred, his attorney told his judge recently.

Probation in Jacksonville is a serious consequence, even though people tend to believe it is a much better deal than jail. While the defendant remains out of custody, the conditions of probation can be very difficult to handle for some. That's why consulting with a Jacksonville Criminal Defense Attorney can help clients decide whether probation, if it's a viable option, is best for the defendant. An attorney can also fight to keep problematic terms out of probation requirements, thereby reducing the risks of future legal problems.

In this case, the man was ordered to pay $180 in restitution, seek drug rehab and therapy with the Department of Veterans Affairs and serve two years on probation.

While that may seem like a slap on the wrist to some, it is a serious consequence. It's likely the man was charged with some form of theft, though the article doesn't specifically what charges he faced.

In Florida, if a person is convicted and sentenced to probation, it typically means their attorney found some mitigating factors -- or information that helps the defendant's case -- throughout the course of the case. It can also mean the state's case against the defendant is weak, but that the defense found it to be a better plan to serve time on probation rather than risk a conviction at trial and the resulting prison sentence.

But sometimes, prison or jail is a better option for some people than probation. While that may seem like backwards thinking to some, it may be true. Some individuals aren't able to keep up with the monthly demands of probation, which can include conditions such as time constraints on when and where they can travel, house arrest, monthly payments, drug testing and other conditions. One probation violation in Jacksonville and a person could be sitting in jail or prison for the maximum term allowable by the crime.

Of course, beating the charges and making sure the defendant doesn't face any penalties is the first goal of any criminal defense attorney, but sometimes that's not possible. And so sound advice and counsel become important to the defendant. We work with clients to help them determine the best course of action for them, based on their circumstances and what they are best able to accomplish. Consult with an attorney immediately in order to get the best advice for your case.

Continue reading "Former Jacksonville Postal Worker Sentenced to Probation for Theft" »

In Florida, there is a crime called "Possession of Burglary Tools". This is a third degree felony punishable by up to five years in prison. "Burglary tools" could be lock picks, a crow bar, or even a hammer. It is not enough just to have these tools in your pocket. In order to be convicted of this crime in Florida, the prosecutor must prove that you intended to commit a burglary, you had in your possession a tool that you intended to use in the commission of a burglary, and you did some overt act toward the commission of the burglary.

In Florida, "burglary" is when you enter or remain in a dwelling, structure, or a conveyance (automobile) with the intent to commit an offense therein. Many people think that you have to "break" something in order to be arrested for burglary. Not so. You can touch the outside of a building with the intent to commit a crime inside and that can be considered a burglary. If you enter someone's garage with the intent to commit a crime and eventually leave, you can still be arrested for burglary to a dwelling in Florida.

Two UF basketball players were arrested this past Sunday, April 10th, for burglary to a conveyance. Both Cody Larson and Erik Murphy were allegedly spotted near a car that was broken into and then running off. The UF team manager was also arrested for being a lookout. After taking the men into custody, the police put them two of the men, Murphy and Adel, into the back of a police car by themselves. Most police cars are equipped with recording equipment (audio and video). The men apparently were recorded admitting to the Florida burglary.

In Florida, burglary to a car is a third degree felony. A third degree felony in Florida is punishable by up to 5 years in Florida State Prison. In order to prove that a burglary occurred, the prosecutor's office must prove the following elements beyond a reasonable doubt:

1. The suspect entered a conveyance (automobile) owned by someone else.

2. At the time of entering the conveyance owned by someone else, the suspect had the intent to commit a crime in the conveyance, such as the crime of theft.

3. The suspect was not invited to enter the conveyance.

Intent is the primary focus of this crime. It is an operation of the mind and can be established by circumstances surrounding the entering of the car. A "conveyance" is any car, ship, vessel, railroad car, trailer, or airplane.