Jacksonville Criminal Attorney Blog

Darren Hagerman and his sister Jessica Huggard of central Florida were arrested and charged with grand theft after a deputy found them driving a van overflowing with bags of chips that were apparently taken from a Frito-Lay factory. Both Hagerman and Huggard had keys to the Frito-Lay factory and would allegedly travel between Marion and Citrus counties collecting expired bags of chips and would resell them to make a living. The deputy pulled the siblings over early Friday after seeing a child jumping around in the backseat.

In theft cases, the value of the property is normally the reason for the charge. Not every store owner or manufacturing company brings a theft claim against an employee for “shrinkage” or against customers for stealing a pack of gum. However, valuable property theft normally results in criminal charges, and depending on the value, can end in an increase or decrease in punishment.

One of the defenses to theft from a major institution like a manufacturing and distribution company is equal ownership or rightful possession via contractual duty. A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. In a situation like this, Frito-Lay actually owns the property in the factory, but has contracts for eventual removal and destruction of expired and spoiled products. In other words, someone owns someone else’s trash. However, if an agreement has been entered into or one is authorized to take the property for someone else, one cannot legitimately steal from the property, because one has ownership interest in the property. However, if the other co-owner has superior interest, or majority interest, in the property, one may not take the property without complying with their conditions.

The other major defense in grand theft in a situation like this is that what one took is valueless. Simply put, it is impossible to steal trash. Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. Frito-Lay may not sell a bag of expired potato chips, as they might run into liability for spoiled food and face law suits as a result. In a sense, the bag of expired potato chips is more of a burden than benefit and has no value to the company.

Frito-Lay and other companies are subject to shrink, as seen by employees being caught taking supplies, boxes, and other belongings that were from the store they work for, but have now been set out by the dumpster. Simply put, if one’s employer places empty boxes out, it has become trash that presumably has no value, and one cannot be charged with the theft of that item. In this case, half of the chips had expired dates on them, making them valueless.

If one obtains an experienced Jacksonville theft crimes defense attorney , one will have a strong chance of obtaining a favorable outcome, and will have the best defenses to what one is accused of, helping one get through the legal system, possibly without any conviction whatsoever. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Continue reading "Florida Duo Arrested For Stealing Van-Load of Expired Chips From Frito-Lay" »

Palm Bay police have arrested Jason Bennet, Aaron Goodwin, and Frederick Clemons on charges of burglary, theft, and drug-related charges. Police recovered thousands of dollars in stolen property including almost 30 guns, following an investigation into a series of residential burglaries. The three suspects allegedly forced their way into homes when no was there and took everything from computers to prescription drugs and firearms. Homeowners contacted police about the robberies and reported a suspicious car in the area, leading to the arrests.

In the case of burglary, one does not have to steal anything to be charged with the crime of burglary. Current Florida statutes define burglary as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter, or surreptitiously, with the intent to commit an offense therein; after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony.

If firearms are involved in a burglary, the penalties may be substantially enhanced under Florida’s 10-20-Life Law. If one is found to have fired a weapon during the burglary, one will be subject to a sentence that depends on many factors including prior criminal history, what kind of weapon was used, prior history of violent offenses, how much the property stolen, if any, was worth and whether or not the victim was injured. One can be certain that the armed robbery charges may be accused of will be taken seriously by the State, resulting in a hard fight to obtain a conviction.

The discharge of the firearm during a burglary may bring a 20-year minimum-mandatory, and if a serious injury results from the use of a firearm, one may be subject to 25 years with a mandatory-minimum up to a life sentence.

Consent is a defense to burglary in Jacksonville. In other words, if the owner of the house or conveyance gave one permission to be there, one did not enter unlawfully. However, if the State can show that consent was withdrawn at any time by the owner, then the initial consent to enter does not matter. Many times, consent withdrawal is the cause for many criminal charges, either because of not leaving, or because of being given something previously that is now being used as the evidence for an alleged theft crime.

For example, a Jacksonville citizen throws a party to celebrate their recent promotion, and to “rub it in” to their co-workers, they invite the entire office. At some point, the owner of the home asks one of those invitees to leave. Consent is withdrawn at that point. If that person remains in the house and commits a crime, such as taking an item, a burglary has occurred, because the consent to enter is withdrawn by the owner. Unless another crime is committed, however, it is not necessarily a burglary yet, merely a trespass, unless there is another independent crime committed.

The evidence may seem like a mountain that one cannot overcome, especially if stolen items are found in a suspect's house or car. If one is under investigation or has been arrested on robbery charges, one should obtain an experienced Jacksonville theft crimes defense attorney to fight the case, who will be able to find ways around that mountain of evidence, allowing one to move through the legal system, hopefully obtaining a more beneficial outcome for someone accused of burglary.

Continue reading "Three Florida Men Charged With Residential Burglaries And Stealing Guns" »

St. Vincent De Paul, a Catholic charity in Florida that provides shelter and serves food for the area’s needy, feeding between 600 and 900 homeless people a day, has sparked a thorough state-wide review of charity organizations for potential identity theft and tax fraud issues. The organization learned of the fraud by a homeless man who had eaten a meal at one of the charity's facilities in St. Petersburg had been the victim of both tax fraud and identity theft, and concluded something was wrong.

Identity theft is a common problem in Florida, as many elderly individuals are preyed upon in communities all across Florida. However, organized identity theft and fraud from charities and other databases of potential victims are becoming the concern for law enforcement.
Identity theft is the criminal act of taking another person’s identity, stepping into their shoes for the purpose of obtaining some sort of benefit, either from loan applications, credit cards from banks or retailers, stealing money from a person’s existing accounts, creating accounts with utility companies, leasing automobiles and residences, filing for bankruptcy, or even obtaining employment.

Most who steal other’s identities have one goal in mind: money. Most unfortunately do not keep a watchful eye on their records, leaving many to sometimes catastrophically suffer by a few keystrokes. The intent behind a single person may be present, however, many others may be blamed in the process of finding the actual perpetrator.

In the case of charities like St. Vincent De Paul, federal regulations require keeping records on clients, including their Social Security numbers and dates of birth. That data is shared among local social service providers, in part to prevent fraud. However, many people in Jacksonville identity fraud cases take advantage of their position of accessibility, causing some citizens to become victims of theft and sometimes the false accusation of being the perpetrator.

Some people have the ability to think incredibly analytically, giving them the opportunity to pull off large thefts unnoticed. However, in Jacksonville identity theft cases, that ability is sometimes used to frame others for the crime, either from leaving a trail of accessibility to one’s position at work , or leaving a trail of evidence on one’s computer of the fraud. Crimes like these may seem like major problems for not only one’s self, but for many other people.

If one has been accused of a crime such as this, one should obtain an experienced attorney to fight the case. Remember, in the case of Jacksonville and other areas in and around North Florida, hundreds of people at local charity organizations had access to a database with personal information of tens of thousands of the region’s needy population a smart treasure for crafty identity thieves.

Remember, in cases involving multiple identity theft victims, after more than a few fraudulent transactions and tax returns later, the serial offender, or individual who gathers masses of information for use or sale, will be prosecuted on a much higher level than an individual that uses a person’s credit card once at a department store and gets caught.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville identity theft and tax fraud crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Florida Charities See Increase In Internal-Identity Theft Cases " »

Summer is on Jacksonville’s doorstep, and so are potential thieves who are looking to steal one’s property. Summer always shows an increase in property crimes. Police Departments all over the State receive calls from their respective residents about being victims of vehicle burglary, vehicle theft, residential burglaries and vandalism. It is crucially important distinguish who the real perpetrators are, and who is falsely accused.

When it’s warm, people have barbeques, mow lawns, and play in the yard with their children. Most of the time, particularly residences with children, alarm systems normally are off during the day and doors remain unlocked, which leaves potential thieves in Jacksonville an easy way in and out of the home with little knowledge that anyone was there that was not supposed to be.

Many times, bicycles, lawn mowers, tools, vehicles and other various items are reported stolen from open garages each year. An open garage door or an attached garage creates easier access to a home for burglars. However, ease of access creates an ease of fictional story creation as well. Many people unfortunately lie about things that have gone “missing”, in order to gain some sort of benefit, either monetarily or psychologically. Some have even gone so far as to break into other’s residences to place their own property in the home, attempting to frame the victim of the breaking and entering of a theft crime themselves.
The following example shows a common scenario where someone is falsely accused of property theft:

A gated community with security in the Arlington section of Jacksonville has a street with a cul-de-sac of four neighbors. Peter has a disagreement with the Paul over crabgrass that Paul simply will not deal with. In retaliation, Peter breaks into Paul’s garage, unnoticed, and puts his toolbox underneath a shelf where Paul would not notice something new. Peter then reports that his tool box was stolen, tells the police that of the “possibility” about “a neighbor” in the cul-de-sac, which will prompt police to investigate. Many do not refuse a search of their home when they believe they have done nothing wrong. Paul, thinking no wrongdoing, lets police search his garage. The officer subsequently finds Peter’s toolbox and arrests Paul for property theft.

Other scenarios are not as complex but do involve dishonesty like the previous example. Put Peter and Paul in a similar example: Paul needs to borrow Peter’s toolbox and has borrowed it on multiple occasions; however, Peter is supposed to be at work for the next 10 hours. Paul knows the garage door is unlocked and because he has borrowed the toolbox before, he thinks nothing of it, expecting to put it back before Peter returns from work. Peter’s wife goes into the garage and notices the toolbox missing, and calls police. Embarrassed because he knew should not have taken the toolbox, Paul attempts to hide the unintentional theft from Peter, hopefully being able to sneak back in and put the toolbox back. Sometimes, this course of action may work, and in one’s mind, no harm no foul, they got the toolbox back. However, one could be criminally charged for that taking.

Others may claim property in their car or home was stolen in order to file a fraudulent insurance claim for stolen property. However, saying you had property that you never owned is also a crime. If one does own property that might be subject to theft, one should take pictures of the property and/or have other records to prove ownership and value of the property.

A big factor in theft cases is the amount and availability of evidence to prove that the property did in exist and even further, that the property was stolen by someone, and not just placed somewhere or hidden. Someone might claim that they have a 52” LCD screen in the living room, but if they cannot prove it, they have no case when the TV is stolen.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Summertime Equals Increase In Residential Property Theft Crimes in Florida " »

According to the Carrollwood Patch, over 35 calls for the crimes of car burglaries, battery, and theft were reported to the Hillsborough County Sheriff’s Office in Carrollwood, Northdale and Lake Magdalene for the period of April 17-22 alone. Many times, when people see these reports, they assume crimes have occurred. However, not all crimes reported are crimes committed.

When someone is either angry, scared, or confused as to the situation one might be in, society has prompted them to call the police and report that a crime has occurred. However, some overreact; others caused the crime themselves and are reporting someone else. However, not all situations are crimes; nevertheless, the police may make an arrest just in case the story of the crime is in fact true. If one has been arrested for similar crimes, one should be aware of one’s many defenses to these crimes, and what to do when one has simply been falsely accused.

Many times in car burglary situations in Jacksonville, the alleged burglar was simply the owner of a similar car, who thinks they have either been locked out of their car, have entered into an identical car that is unlocked, or have joint ownership in the car. Other times, medical conditions might come into play with some accused parties’ reasoning for the alleged burglary. Some of Jacksonville’s elderly citizens have wrecked stolen cars, unfortunately overcome by the ailments of dementia and Alzheimer’s, and simply are out of reach of their caregiver.

Battery charges are often reported to police for legitimate reasons, such as being beaten up by another person or group. However, not all battery charges are legitimate. Battery, particularly domestic battery, is a common charge that is the result of false claims by either a child, an estranged spouse, or other family member that has a grudge against the accused. Other times, battery claims are used to obtain custody of children during divorce proceedings.

When car burglary crimes, also known as "car hopping" are reported, many times, cash or other items are reported stolen. However, when the accused’s fingerprints are missing from the vehicle or the area in which the items were stolen, the amount of proof needed to convict one of the crime becomes difficult to muster. Many times, when co-ownership of a vehicle is involved, someone might remove an item from the car, either because of anger towards the other person, or other reasons. This is commonly seen in cases where someone will remove the stereo from a co-owned vehicle while the other person is away, and then accuse the other co-owner of stealing the stereo.

While the physical evidence may be present, the prosecution will need to prove the intent of the individual accused of any theft. This may prove to be more difficult for the prosecution to prove if one obtains an experienced Jacksonville burglary and theft crimes defense attorney to fight the case.

Continue reading "Increased Number of Florida Car Burglary, Battery, and Theft Crimes" »

Alci Bonannee of Fort Lauderdale, the ringleader of a brazen South Florida identity theft ring that sought $11.7 million worth of fraudulent income tax refunds was sentenced to more than 26 years in federal prison. U.S. District Judge James Cohn sentenced Bonannee to 26 years and five months in prison and ordered her to pay more than $1.9 million in restitution.

Identity theft is the criminal act of taking another person’s identity for the purpose of obtaining credit, credit cards from banks or retailers, stealing money from a person’s existing accounts, applying for loans in the person’s name, establishing accounts with utility companies, leasing automobiles and residences, filing for bankruptcy, or even obtaining employment. Identity theft offenders also have used unsuspecting victim's identities to commit crimes ranging from traffic infractions to major felonies.

Some common identity theft crimes include:

- Hacking into computer databases or private computers to gain financial information
- Phishing (posing as a reputable company to gain personal and financial information)
- Mail theft or dumpster-diving to obtain financial applications or information

Identity theft is not prosecuted on the same level for all offenders. For example, an individual that uses a person’s credit card once at a store and gets caught is not charged and punished in the same way that a serial offender, or an individual who gathers masses of information for use or sale. Thus, the penalty for identity theft ranges from fines and community service, to time in prison.

Tax fraud usually stems from an accusation of intentional concealment or misrepresentation of one’s financial situation in an effort to reduce the taxes one either has or increases the amount one gets back on a return. Sometimes the crime involves simply falsifying deductions, stating an incorrect income in order to fit in a certain tax bracket, under-reporting or not reporting one’s monetary gains; however, some of these crimes are as complicated as forging federal tax forms.

Both charges are different from other theft crimes in Jacksonville, as these charges, are considered by most to be a white collar crime and is investigated by the Internal Revenue Service ("IRS"). The Criminal Investigative Division ("CID"), the IRS’s specialized investigative unit, composed of individuals with strong accounting and financial backgrounds, is responsible for combating tax fraud.

Identity thieves transfer the information stolen into money via tax fraud. Recently, some identity thieves have impersonated the deceased, using personal information obtained from death notices, gravestones, obituaries and other sources to exploit delays between the death and the closure of the person's accounts, banking on grieving families’ not checking the deceased’s credit after they died. Such crimes may continue for some time until the deceased's families or the authorities notice and react to the discrepancies.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville identity theft and tax fraud crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Florida Woman Sentenced To 26 Years In Prison For $11.7 Million Tax Fraud-Identity Theft Scheme" »

Steffani Lariscy has been arrested on a warrant for grand theft by the Volusia County Sheriff's Office for stealing from Robbins Camper Sales in Ormond Beach one year after her boss at noticed a discrepancy on bank statements and contacted law enforcement. Lariscy allegedly stole $170,000 from her employer in order to buy herself breast implants, among other luxuries. An anonymous tipster called in CrimeStoppers to report that Lariscy often bragged about having a lot of cash in her home, had just bought a whole house of new furniture, and recently spent $7,000 on breast implants.

Jacksonville theft charges expose the accused to a range of possible punishments depending on the severity of circumstances surrounding the theft and value of the theft. For example, if an individual stole 100,000.00 dollars or more, or damaged property (over 1,000.00) when committing the theft, an individual can be charged with a first degree felony. In this case, Lariscy has been charged with first-degree grand theft because she has been accused of stealing more than $100,000.

Many times, those arrested for Grand Theft in Jacksonville, either felony or misdemeanor, will be offered "time served" for the charge, or in other words, being convicted of the crime, but not serving any more time than one already has or might have served during the time one has spent in the justice system. This option leaves the accused highly tempted to resolve the case quickly without serving jail time.

However, there are some detriments that one should consider before pursuing this option. Such an action can lead to a conviction that will leave that theft arrest on your record permanently without the option of having the case sealed or expunged. Furthermore, some theft charges may result in the suspension of one’s driving privileges. Also, a felony theft conviction will be viewable to any potential employer as a crime of dishonesty which would lead most employers to not hire one for a job. This disclosure must be made to one’s future employers for the rest of one’s life, making steady employment difficult to obtain.

There are some important defenses to grand theft in situations like Lariscy’s involving theft from a retail store. One of these defenses is equal ownership. A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. In a situation like this, if one is a co-owner of a store who actually owns the property in a store, one cannot steal from the store itself, because one has ownership interest in the property. However, if the other co-owner has superior interest, or majority interest, in the property, one may not take the property.

The other major defense in grand theft from a retail employer is that what one took is valueless. Simply put, it is impossible to steal trash. Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." Many times, employees are caught taking supplies, boxes, and other belongings that were from the store they work for, but have now been set out by the dumpster. Simply put, if one’s employer places empty boxes out, it has become trash that presumably has no value, and one cannot be charged with the theft of that item.

If one obtains an experienced Jacksonville theft crimes defense attorney , one will have a strong chance of obtaining a favorable outcome, and will have the best defenses to what one is accused of, helping one get through the legal system, possibly without any conviction whatsoever. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Continue reading "Florida Woman Charged With Stealing $170,000 From RV Employer" »

Kevin Bass of Davie, Florida and Gary Hrinda of Melrose, Florida are charged with one count of grand theft and another count of littering in a canal. The two men were caught stealing an ATM from a Pembroke Pines fair, then using the money inside to gamble some more at The Seminole Hard Rock Hotel and Casino in Hollywood, Florida. Witnesses saw the two men dropping the mangled ATM into a Davie canal, and tipped off police.

Jacksonville theft crimes from time to time involve some sort of innovation on the part of the suspect, and normally stealing the entire ATM itself is unheard of. However, many thieves throughout Florida that use an ATM at all during the process of the theft will remove and destroy the entire ATM in order to obtain, sometimes, little cash at all. To the detriment of the accused is that technology such as security cameras and random witness statements, can be used to keep up with the criminal’s new tricks. These advances help the State when attempting to find a perpetrator, as well as increase the evidence against the one should one be charged.

There are many different types of crimes that involve use of an ATM in a theft crime, including stealing information used in ATM machines such as debit card information, breaking into the machine and taking the cash, or stealing the ATM machine itself. Because ATM's are part of the banking system, the federal government will usually take jurisdiction of the matter and prosecute the case in federal court. However, similar Florida state charges may be filed as well.

A very common crime with the increase in technology that is available to thieves and scammers is a practice called “skimming.” Skimming is not only limited to ATM machines, but may be used in practice to obtain any credit card or debit card information typed in or swiped into an computer system. In cases of skimming, the accused has allegedly attached a small machine that resembles a card reader into an ATM or vending machine. The thief may then read and store the information that is contained within the card, including one’s PIN. With this information, the accused may either proceed with normal identity theft actions, such as buying items online, emptying one’s accounts, or making a duplicate, or "clone," of the card.

Another very common crime that may end up in one being falsely accused of check fraud in one’s own bank account is ATM Deposit Fraud. This type of ATM related-theft charge targets the bank and the victim. Many banks will credit a bank account a certain dollar ($) amount pending approval of the check, depending on the type of account. Many times, the accused will have opened sometimes multiple accounts at a bank either under a completely fictious name or a known victim’s name, making fraudulent transactions with the back, including fake cash, forged or otherwise false checks that take sometimes two or three days to process, particularly on weekends or holidays. Once deposited, the suspect will make a withdrawal based on the deposited checks with the knowledge that the check is invalid.

Sometimes, thieves think that dealing with a bank account is too difficult, and, using either a truck or other heavy vehicle, will tear the ATM out of the ground or wall of banks, supermarkets, and sometimes, stand-alone ATM’s in local parking lots. In this case, one must steal the ATM machine itself or breaking into the machine to remove cash and other deposits. One cannot be charged with stealing the ATM machine if it does not actually move or has its contents removed.

Many times, when stealing ATMs, people think that they cannot be found because they themselves were not on camera. However, the State, as well as the Jacksonville police, will attempt to show through video footage as well as image enhancement software, the possible license plate numbers of the vehicle in order to yield positive results as to the actual offender. However, the improbability of finding proper conclusive evidence to convict someone of such a crime is difficult and limited, and is simply not conclusive to prove that someone committed a crime such as robbery of an ATM.

Many times, when suspected of a crime, the State or police may attempt to distill fear or coerce identifying testimony that will be used to convict one of a crime. However, one should not speak to the police or anyone else. The only person that one should confide anything in is one’s experienced Jacksonville theft crimes defense attorney, who will be fighting the case and making sure that the legal system does not make the accused the victim.

Continue reading "Two Florida Men Accused of Stealing and Dumping ATM Machine" »

Sarasota Police are investigating numerous scooter thefts between January and April 2013 in the area south of USF Sarasota-Manatee and New College of Florida. Investigators say the most of the thefts have occurred in the residential areas east of N. Tamiami Trail, between 18th Street and Mecca Drive, during the morning hours when the scooters or mopeds have been parked in front of homes. The thieves will reportedly break the lock, take it with them and push the scooter away -- leaving no evidence at the scene.

Florida Statute 812.014 states theft of a motor vehicle is grand theft. Grand theft occurs when an individual knowingly and intentionally obtains or uses property of another without the victim's consent or knowledge of a value over $300.00. Theft may also be the act of depriving the victim the right to the property or the ability to benefit from the property.

Grand Theft Auto in most instances third-degree felony, punishable by up to five years in state prison. If the car or other motor vehicle is valued at more than $20,000, the crime becomes a second-degree felony, punishable by up to fifteen years in prison.

A grand theft auto conviction will also result in a suspension of your drivers license. The suspension is up to six months for the first conviction and one year for subsequent convictions. The court can also impose a fine up to twice the value of the stolen property.

Under Florida law, the charge of grand theft requires the State to prove one took possession with the intent to steal. In the case of a person who takes possession with the good faith belief in the right to the property lacks the required intent to commit grand theft. Therefore, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of grand theft.

A good example of such good faith belief can be seen in the following possible grand theft auto case: One sees a scooter parked on the street while driving home, finds an ad for another one and buys an identical scooter from a dealer who has a series of these scooters. One takes it home, parks it on the street, and goes to bed. In the meantime, the neighbor sees the scooter, who has one just like it. The neighbor does not know that one bought a scooter, and thinking that his 16 year old son parked it on the street and left it, pushes it into his garage to get it out of the elements. Technically, the neighbor would be guilty of theft; however, the neighbor has a defense of good faith belief that the scooter is in fact his.

Another common defense used in grand theft auto cases is the defense of equal ownership.
Many times, couples, parents and children will jointly own a vehicle, or in some cases, a parent may gift a vehicle to a son or daughter, even after their teenage years. Falling outs sometimes occur and normally, someone gets in the car and leaves the scene. The other angry party sometimes will call police and claim that the individual stole their car. However, a co-owner of property cannot be held guilty of the grand theft of that property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. Therefore, a charge of grand theft auto would not hold.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville auto theft crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Early Morning Scooter Thefts On The Rise In South Florida Campuses" »

Police say Ernis Perez Valdez of Palm Bay has been charged with three counts of unauthorized use of a credit card and two driver’s license restriction violations. Valdez may have stolen more than $100,000 through fraudulent transactions at a single store during the past four months. West Melbourne investigators had identified two victims — both living outside of Florida — and were trying to find an unknown number of others when they stumbled upon Valdez.

Credit card fraud in Florida is one of the most common forms of identity theft; which in 2010 affected about 8.5 million households in the United States. Once a credit card is lost or stolen, anyone can use it until the owner calls the credit card company or bank and notifies them that it is lost. If you notify the credit card company or bank of unauthorized charges, most will remove the charges for you. They will also close the account and issue another card with a different number. Some credit card companies and banks may charge the minimum liability - $50.00.

Part of many credit card thieves’ method of operation is to have a credit card with a legitimate name on it, either the thief’s real name, or a name that can be supported with false identification, that is programmed with another account in the magnetic strip. However, there are many other ways that one may be charged with a credit card related crime, including:

- using another person's card without their permission,
- signing the back of someone else's credit card,
- providing false information to obtain a credit card,
- keeping a misplaced, lost or stolen credit card with intent to use it,
- creating or using a counterfeit credit card,
- using an expired or revoked credit card, or
- altering or modifying a credit card receipt after it has been signed.

Law enforcement officers have the ability to investigate credit card crimes, should the victim report the theft. However, not every victim knows they are a victim and do not always report it. Police may have to subpoena banks to get account holder information to identify the victims, which could lead to a lengthy investigation and a long period of time spent in jail while police and lawyers sort one’s case out.

Remember, the crime of credit card fraud requires proof of intent to defraud the issuer or a person or organization, stealing another’s funds. So a person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit grand theft. As a result, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of grand theft.

When one has been charged with a crime such as this, one should obtain an experienced Jacksonville credit card crimes defense attorney. One should not throw their possible defenses to the wind. Without an experienced attorney, one could face a difficult time in proving one’s defense. Don’t let this happen to you. If one is a suspect of credit card fraud, one should get a defense; the best defense possible.

Continue reading "Florida Man Charged With Four Months’ Credit Card Fraud At Single Gas Station" »

Former Miami Police Sgt. Raul Iglesias, convicted of two counts of civil rights violations, along with conspiracy to possess and possession with the intent to distribute cocaine and crack cocaine, will serve four years in federal prison after his conviction for stealing drugs from traffickers, planting cocaine on suspects and lying to federal agents.

Iglesias, a former U.S. Marine, as a rogue sergeant who over the course of five months in 2010 planted cocaine on a suspect, stole drugs and money from dope dealers, and lied about a box of money left in an abandoned car as part of an FBI sting. Iglesias refused to take responsibility for his actions, blaming other cops and after his conviction engaging in a letter-writing "smear" campaign against those who testified against him.

Sometimes, law enforcement officers will betray the public trust and try to illegally benefit from positions of authority by committing acts of wrongdoing against the very citizens they are hired to protect. For many citizens in Jacksonville, police misconduct may be in the form of theft, planting of drugs by police, illegal searches and seizures, and police brutality. When a police officer gets in trouble with the law, the consequences can be much more severe than for the average citizen. Most are not sure what one should do when a police officer violates their Constitutional rights, as the time and evidence one has to prove one’s innocence and the officer’s misconduct starts disappearing.

Law enforcement generally have broad powers to carry out their duties. The Constitution and other laws, however, place limits on how far police can go in trying to enforce the law. As many recent cases illustrated, police officers sometimes go too far, violating the rights of citizens. Under 42 U.S.C. 1983, the primary civil rights law victims of police misconduct rely upon, makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers under this statute are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Civil rights laws allow attorney fees and compensatory and punitive damages as incentives for injured parties to enforce their rights.

Defense attorneys representing a police officer for any of these claims will raise a defense of qualified immunity. This defense exists to prevent the fear of legal prosecution from inhibiting a police officer from enforcing the law. The defense will defeat a claim against the officer if the officer's conduct did not violate a clearly established constitutional or statutory right. In other words, the specific acts the officer prevented the individual from engaging in must be legally protected, otherwise there is no civil rights violation. In order to win a civil rights claim, an individual bringing a police misconduct claim must prove that the actions of the police exceeded reasonable bounds, infringed the victim's constitutional rights, and produced some injury or damages to the victim.

When law enforcement officers make up lies or plant evidence, they sometimes are required to create new and bigger lies in order to cover up the original deception. Police officers handle a lot of cases, and as time passes, these deceptive officers’ memory will betray them, not recalling their original statements. Their initial report says one thing. But five months later in deposition, they say another thing. An experienced attorney would use these inconsistent statements to impeach cops' testimonies during trial and pre-trial hearings. Even better, sometimes a deposition transcript showing a cop's inconsistencies can be used to get the state to offer a great plea or even drop the case.

Whatever the form of police misconduct one’s case may involve, one involved in a situation like this should not delay in obtaining an experienced Jacksonville police misconduct defense attorney who is committed to defending one’s freedom and proving law enforcement abuse of authority in violating the Constitution.

Continue reading "Miami Police Officer Convicted Of Civil Rights Violations, Planting Drugs, and Obstructing FBI Investigation" »

Patrick James Gelardi of Delray Beach, Florida was arrested after Boynton Beach police say he tried to steal a Nokia Lumia phone from an AT&T store. The store manager told police she followed Gelardi out of the store after he cut the phone off a wall display with wire cutters. Gelardi, realizing he was being followed, took off, apparently colliding with a post, loosing several teeth in the collision. Gelardi took off but police caught up with him after a check of area hospitals led them to Bethesda Memorial where he was identified and arrested.

Many times, people will think that they have not stolen anything because they did not make it out of the store or pass a register; sometimes, some people change their mind and attempt to put what was originally to be stolen, back. Unfortunately for those people, they will still be arrested for theft. One will not be charged with “attempted theft.” The Florida appellate courts have held that the legislature was attempting to define “theft” as including “endeavors to obtain or use,” the mere attempt to commit theft, within the charge of theft itself. Therefore, the State must prove an attempted theft, along with the requisite intent, in order to properly convict one of a Florida theft crime.

For a charge like retail theft, the State attorney will use an assortment of tools to attempt to prove the case against one. Loss prevention officers at department stores are commonly used for testimony purposes; however, loss prevention officers are not police officers and do not care about whether one accidently forgot to pay for something; proper investigation in the manner a police officer is required to do is not in the loss prevention officer’s job description. Normally the store will call the police who will arrest one unless one admits to stealing the items.

Police will often question the loss prevention officer, who works for the store and has bias to tell a story of one’s guilt. The police then question and possibly arrest or issue a notice to appear in court to the now flustered and scared parent. By the time the police officer arrives to do a proper investigation, the loss prevention officer has already painted a tale of thievery that police will most likely believe.

First-degree petit theft is defined as the taking of property valued at more than $100 and less than $300. It is a first-degree misdemeanor carrying the possibility of up to one year in jail.

One may also have be charged with first-degree petit theft if one has a prior theft conviction, regardless of the value of property. A third offense is a third-degree felony with a possible prison term of one to five years. Any petit theft conviction can also result in driver's license suspension of up to six months on a first offense and up to one year on subsequent offenses.
Under Florida law, the crime of petit theft requires proof of a taking with the intent to steal. Many times, some people take other’s trash, thinking “one man’s trash is another’s treasure.” However, some neighbors do not like strangers picking up the old couch or Christmas tree at the end of the driveway, or realize that the item they threw out they wanted and attempt to being criminal charges against the one who took it.

Remember, Florida law only criminalizes the stealing of "property." Property is defined as "anything of value", value being well-defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." Thus if someone places something by the road, it has become trash that presumably has no value.
Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney, one’s attorney will be able to challenge the evidence against one, including questioning witness testimony, questioning the conduct and manner of the arrest or search, or how evidence was processed by law enforcement.

Continue reading "Florida Man Attempts To Steal Cell-Phone From Store; “Pole” Shows Crime Doesn’t Pay" »

Amed Villa, a Cuban exile living in Miami with a long history of arrests and convictions for burglary.and his younger brother Amaury, who has his own substantial rap sheet and once listed his occupation as a self-employed alarm installer, are both scheduled to go to trial in Connecticut in connection with their biggest target — the Eli Lilly warehouse in Enfield, Conn. in March 2010.

The Villa’s operation has been described as an "Oceans Eleven" style scheme out of Florida. According to criminal complaints filed in federal court in New Jersey, Florida, Connecticut and Illinois, the Villa and more than twenty other members of the group had their own trucks, storage facilities and black market wholesalers to dispose of goods stolen from warehouses all over the country. The FBI finally linked the crimes through DNA evidence left behind on a coffee cup and water bottles, which they said belonged to Amed.

DNA evidence is often pushed as being the most accurate form of proof of a person committing a crime to date, being “99.9%” accurate. In practical terms, in a city like Jacksonville of 1 million people, if someone commits a crime and is identified using DNA, it is assumed that only 1000 other people could have committed the crime. In theory, everyone accept identical twins would have different DNA. There is also rare cases of genetic disorders that causes people to have two different sets of DNA.

Despite popular belief, DNA evidence is not as accurate as people might assume. The 99.9% figure that statisticians and law makers often parade is actually often far from accurate. While every person's DNA is different, a DNA profile, the bit used as evidence, is only a small sliver of a person's entire DNA, and even siblings may share a very similar DNA profile.

In 2001 Kathryn Troyer ran a test of Arizona's DNA database of felons and discovered two felons with DNA profiles where 9 of 13 markers were identical, despite the fact that one was white and one was black, and later discovered dozens of other similar matches, yet the FBI estimates the odds of some one sharing those genetic markers to be 1 in 113 billion. The fact that only 13 markers are used out of the entire DNA strain should bring into question the validity of DNA evidence.

Defense experts can demonstrate the many times very high possibility of fabrication of DNA evidence, undermining the credibility of what has been considered the gold standard of proof in Jacksonville criminal cases. Scientists have shown the ease of fabrication through experiments with fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

Just this past year, Massachusetts State police chemist Annie Dookhan tested more than 60,000 drug samples involving 34,000 defendants during her nine years at the lab, most of which were found to be fabricated or trumped up in order to turn a conviction. Errors can occur if DNA samples are damaged or contaminated from improper handling. Limited amounts or mixtures of DNA profiles can increase misinterpretation of results.

Evidence is often hidden, tainted, or destroyed by someone who has committed a crime or wants to help someone else who is. In many cases, the accused is a private citizen who has tampered with evidence in some fashion. However, the officials responsible for ensuring that evidence is properly preserved, such as drug screening and testing, do not always follow the procedures required under the law.

One should not risk going to jail for a long period of time when an experienced attorney can make sure that their best defense is brought forth and their rights are protected . The prosecution may try its hand at the evidence, but an experienced Jacksonville criminal defense attorney could file a motion to suppress that evidence, ensuring one’s rights are protected under the Constitution.

Continue reading "Florida “Oceans Eleven” Black-market Warehouse Sales Scheme Takes Worse Dive Than Fiscal Cliff" »

John Willis, also known as Bac Guai, or “White Devil John,” has pled guilty to dealing oxycodone and money laundering on an indictment that painted him as the nexus among low-level Asian gangs that ran rackets in Chinatown, including drug dealing, gambling, and prostitution. Willis was a white male enforcer from Dorchester who quietly emerged as a leader among Chinatown’s Asian gangs, historically known for insulating themselves from outsiders. Willis had been introduced to the neighborhood’s underworld when he was about 12 years old, learning to speak Cantonese, and being essentially adopted by a Chinese family. Following the leaders of the violent and once-powerful Ping On Gang, Willis launched a career in drug sales that spanned more than two decades.

Money laundering in Jacksonville is a scheme by which funds that are generated by illegal activities are concealed, disguised, washed, or “laundered”, making the money appear legitimate to evade detection, prosecution, seizure and taxation by the government. If one has a large amount of cash that appears quickly, one’s newly shown assets could appear suspicious, typically resulting in the bank reporting a hefty deposit or withdrawal to authorities who will then investigate the potential crime. Remember that just because money laundering is typically non-violent in nature, does not necessarily translate into lesser penalties. The reason for this is because of a strong public policy against fraud and the other crimes that are typically associated with money laundering, including, sometimes, violent crimes.

As a means of discovering illegal activities, the federal and Florida governments have enacted laws to detect large sums of cash entering legitimate business channels. Under the bank Secrecy Act of 1970, passed by congress to help fight money laundering in the country, requires banks to report transactions that amount to $10,000 or more. The act also requires the reporting of foreign bank accounts and other foreign financial accounts. Failure to report these things can lead to investigation by the federal government.

Recently, the FBI and Attorney General's office has dramatically increased prosecution of money laundering crime because of laundering’s suspected link to financing terrorism. The federal government is levying more money laundering charges against potential defendants, devoting more resources toward decreasing the time taken to convict those accused of money laundering.

One could be accused of money laundering for a variety of reasons, including:
- Concealing the source of funds placed in a bank account or invested in a business,
- Failing to report large cash transactions, OR
- Failing to provide due diligence in determining the source of large amounts of money

Money laundering crimes typically carry a sentence of up to twenty years in Federal prison and a $500,000 fine or twice the value of the money laundered. In Florida, the penalties for money laundering are extremely harsh and vary depending upon the amount of money laundered.
- $301-$19,999 within a 12 month period - 3rd degree felony (up to 5 years in state prison).
- $20,000-$99,999 within a 12 month period - 2nd degree felony (up to 15 years in state prison).
- $100,000 and above - 1st degree felony (up to 30 years in state prison).

The State and Federal government can legally force forfeiture of large sums of money from groups and organizations that can be traced directly to criminal activity, but also any money that is "commingled" with the tainted money. In other words, the government can seize the entire balance of any certain bank account if they can connect it to money laundering, even if the amount traced to illegal activity is only a small portion.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.

Continue reading "Chinese Gang Enforcer “White Devil John” Learns Knew Meaning Of Enforcement With Criminal Indictment" »

Many times in Jacksonville, immediately before a suspect is arrested, the authorities will seize all of the suspect’s assets. In order to be freed from jail pending trial, the court will set large bail amounts. Sometimes, even if one comes up with the amount of money requested by the court, it is still not enough. Sometimes the court will require a hearing in order to provide testimony as to the source of the funds used for bond.

In Florida, the Court can add a condition on one’s bond known as a Nebbia Hold or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond (one’s friend or family member) to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail.

In United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966), the court held that when a defendant posted $100,000.00 bail in cash, the trial court was permitted to ask questions about the source of the funds and whether those funds were from a legitimate source. The rationale behind the decision was that if the defendant had acquired the $100,000 through illegal activities such as drug trafficking, theft, money laundering or other fraud, then the funds would give no cause for a defendant to return to court, or change one’s conduct, based on the illegality of how one came about the funds. To put it simply, the court does not want to reinforce bad behavior.

The Nebbia decision has been fine-tuned for Florida, the State Courts having interpreted Florida Statutes and the Florida Rules of Criminal Procedure, particularly Florida Statute 903.046(2), and Florida Criminal Procedure Rule 3.131(b) to allow a court to question the source of funds used to post bail before release. The State attorney or arresting officer may request a motion for this hold, or the court may set a Nebbia hold at first appearance.

During the Nebbia hearing, the burden of proof is on the Defendant to prove the funds and/or collateral come from a legitimate source. One may do prove one’s bond funds are legitimate by having one’s attorney file an appropriate Nebbia Proffer. The proffer is a written response to the Nebbia Order showing evidence that the funds being used to pay the bond are from legitimate sources, and can include a copy of income statements, check stubs, bank records, mortgage and real estate property records, and other financial records which trace the funds being used to pay the bond to legitimate sources. Once the court is satisfied, either through a hearing or an agreement between the attorneys and the judge, the Court can remove the Nebbia hold and allow one to bond out of jail.

The courts in many counties throughout North Florida, including Duval, Nassau, St. Johns, Baker and Clay Counties are now routinely holding Nebbia hearings for bail connected to drug trafficking, fraud and conspiracy cases. An experienced Jacksonville Nebbia bond hearing lawyer can quickly schedule the Hearing, file a Nebbia Proffer, and then file a Petition to Lift the Nebbia Order.

An experienced attorney can help one present the necessary documents to the prosecutor and the court. At the hearing, one’s experienced attorney will present evidence, including documents and testimony, showing the court that the source of the funds to pay the bail is legitimate. There is nothing wrong with borrowing the funds, as long as it can be shown that the loan could be repaid with legitimate funds. Remember, the court must be satisfied that the funds being used to post the bond are from legitimate sources before the Court will lift the Nebbia hold so that the Defendant can bond out of jail; This means one must be cooperative with one’s attorney so that the legitimacy of one’s bond funds can be proven without any further delay.

Continue reading "Nebbia Bond Hearings Increase In Jacksonville Drug, Fraud And Theft Cases" »

Denny Ray Hughes of Vernon, Florida has been charged with nine counts of wire fraud and three counts of aggravated identity theft, allegedly using those identities to fraudulently collect unemployment compensation. Hughes allegedly created a corporation in 2008, Mortgage Relief America, and then obtained personal information of 21 people, classifying them as employees.

Hughes’s scheme allegedly classified the 21 individuals as being laid off and filed with the Florida Department of Economic Opportunity Unemployment Compensation Program over the Internet or by phone, stating the 21 people had previously worked for his corporation. Hughes then fraudulently applied for unemployment compensation funds and had the money deposited in an account he created for that purpose. Court documents do not state how much money he allegedly stole from the state of Florida.

Mail fraud, including theft by mail, is a serious federal offense involving use of the mail as a means of attempting or committing a scheme to defraud others of property or money. Mail theft or mail fraud may result in a fine of up to $250,000, along with imprisonment. If the fraud was aimed against a financial institution, the offender may be exposed to a prison sentence of up to 30 years, and fines of up to $1,000,000.

When mail fraud charges are coupled with identity theft in Jacksonville, one’s exposure to a long prison sentence is extreme. Identity theft is a form of theft in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or gain some benefit that could be given to the person's name; in this case, tax returns. The victim of the identity theft (the person whose identity has been assumed by the thief) can suffer serious penalties if they are wrongfully held accountable for the perpetrator's actions.

One may charged with Aggravated identity theft if the prosecution proves one knowingly transferred, possessed, or used, without lawful authority, a means of identification of another person in the commission of particular felony violations.

Fraud can range widely, from base forms such as intentionally mailing falsified documents, to applications for unemployment compensation funds, to packages related to a mortgage application or bank transaction involving evidence of a fraud. Furthermore, each instance of mail fraud is a separate offense. Multiple offenses can increase the prison sentence upon conviction.

When one enters the legal system to fight one such charge, one should remember that, in prosecuting aggravated identity theft, the government must prove that one knew that the “means of identification” (a name, Social Security number, or credit card number) that one unlawfully transferred, possessed, or used, in fact belonged to another existing person; Mere knowledge that the means of identification used was not one’s own is not sufficient. If one personally refers to the scheme once in a phone conversation, one could be at risk of prosecution.

While the physical evidence may be present, the prosecution will need to prove the intent of the individual accused of mail fraud and identity theft. This may prove to be more difficult for the prosecution to prove if one obtains an experienced Jacksonville mail fraud and identity theft crimes defense attorney to fight the case.

Continue reading "Florida Man Charged With Aggravated Identity Theft And Mail Fraud" »

House Bill 191, sponsored by Rep. Dan Raulerson, is attempting to change utility theft to a felony charge. Utility theft currently is a first-degree misdemeanor under Florida state law. Those convicted usually receive probation and a large bill from the utility company. If this bill becomes law, the most extreme conviction could be a first-degree felony exposing a person to up to 30 years in jail, on top of a $10,000 fine and money one will directly owe the utility company. There is an identical bill filed in the Senate. The change also increases the amount offenders can be held liable for by the utility company to three times the amount of services unlawfully obtained.

Florida Statute 812.14(2)(c) states “It is unlawful to use or receive the direct benefit from the use of a utility, cable television service, or community antenna line service knowing, or under such circumstances as would induce a reasonable person to believe, that such direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or other apparatus or device owned, operated, or controlled by such utility or cable television service or community antenna line service, for the purpose of avoiding payment.”

The theft of utilities in Jacksonville has caused electricity and water/sewage companies to be vigilant and aggressive in uncovering fraud and prosecuting the utility theft. Sometimes the discovery of theft of utilities comes as a result of observations made by a utility company employee, neighbors, or unusual spikes in power usage from month to month (especially when the small number of people alleged to reside in the home is taken into consideration). In either circumstance, law enforcement may be summoned to the scene to investigate and pursue the theft or other related charges.

Many of these utility theft cases are tied to marijuana grow houses, where offenders use high amounts of energy, and in some cases, tamper with the meter or bypass it entirely to avoid raising suspicion. Often, these types of hydroponic operations include specially designed timing systems for lighting and irrigation, as well as electric meter diversions. Because of this, electricians and power companies are another important resource for the police. FPL can monitor spikes in energy use and report unusually high electric bills to law enforcement agencies. In addition, the very electricians who are paid by growers to bypass electric meters are often informants. Many suspects arrested in grow-house cases will face felony charges for drug manufacturing, but only a misdemeanor charge for the theft of electricity.

Utility theft is a damaging charge in and of itself, and when complicated by the increase in felony conviction, one’s reputation is severely at risk. Theft crimes are crimes involving “dishonesty or untruthfulness” that can often cause potential employers to reject one’s application for employment for fear that one’s propensity for theft might carry over into the work place, regardless of whether one’s present conduct is theft or not. Furthermore, if one is convicted of this offense, one’s credibility will be forever suspect in any future court proceedings since the State will be permitted to ask one under oath about one’s past convictions, particularly about those crimes involving “untruthfulness or dishonesty.”

If one obtains an experienced Jacksonville utility theft defense attorney however, one will have a strong chance of not only having one’s side heard, but a strong chance for a reasonable judgment on the case in general. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Continue reading "Florida Legislature Attempting to Make Utility Theft A Felony Charge" »

A pair of burglars were caught on surveillance video taking a personal watercraft from the yard of a Hollywood, Florida home, before dawn on Valentine's Day. The home security video showed a hooded man casually walking up to the victims’ two-story house at about 3:30 a.m., jumping over a wooden fence and fumbling with a lock before walking away. About two hours later, the man returned, this time with an accomplice driving a large pickup truck. The hooded man opened the gate and dragged a red and silver 2003 Sea-Doo GTX and its trailer outside. The truck is seen backing up to the house, then leaving with the watercraft. The "Jet Ski" was the most stolen type of watercraft, with 1,219 reported thefts from 2009 to 2011. The average value of such a watercraft is $15,615.

One commits theft in Florida if one knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property, OR
- Appropriate the property to one’s own use or to the use of another not entitled to the use of the property.

Grand theft is a special term that basically sets the degree of severity based upon the value of the property that's illegally taken. In general, any property taken that carries a value of more than $300 can be considered grand theft in certain circumstances. However, there are different severities in punishment for the theft crime depending on the value of the property. Most stolen property crimes will be charged as a third degree felony, forcing the State to show that the property taken is:

- a motor vehicle,
- a firearm,
- worth less than $20,000, but more than $300, or
- a will, codicil, or other testamentary instrument.

In this case, the Jet ski will probably be valued at the above stated value of $15,615, thus falling into the category of a third degree felony charge, should the burglars ever be found. If one is convicted of third degree grand theft, one will be exposed to up to five years in prison or probation, depending on the severity of the circumstances, and fines of up to $5,000.
Furthermore, in this case, under florida law, a burglary charge will be brought against the two unknown men. One may be charged with burglary if one enters a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or one is licensed or invited to enter. In this case, a third degree felony burglary to a structure or conveyance began when the hooded man touched the fence of the victim’s home.

Under Florida law, there are some defenses to the crime of grand theft . In order to be properly convicted of grand theft, the State must prove one took with the intent to steal. Therefore, if one takes possession of someone else’s property with the good faith belief in the right to the property lacks the requisite intent to commit grand theft. As a result, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of grand theft.

This defense becomes extremely important in regards to co-ownership of property. If one believes or does in fact co-own property, one cannot be properly found guilty of the grand theft of such property, unless the other co-owner has a superior legal interest that authorizes the withholding of the property.

Many times, the items stolen are resold for value. However, the resale and purchase of stolen property creates two more charges, one for the seller, and one for the buyer. According to Florida Statute 812.019, one commits dealing in stolen property if one trafficks in (the move, transfer, buying or selling of) property that one knows or should know is stolen. Basically, if one pawns or sell something that one knows is stolen, one could be charged with dealing in stolen property.

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 because of the judge they come before. In these situations, one needs an experienced Jacksonville theft crimes defense attorney to mount the best defense possible, so that no matter what judge one goes before, one will have a better chance of having a more favorable set of circumstances, possibly even acquittal.

Continue reading "Two Florida Burglars Steal Jet-Ski During Early Morning Valentine’s Day Hours" »

Using stolen names and Social Security numbers, criminals are filing phony electronic tax forms to claim refunds, exploiting a slow-moving federal bureaucracy to collect the money before victims, or the Internal Revenue Service, discover the fraud. Bruce Parton of Florida , a victim of one such scheme, was shot to death on his daily mail route in December 2010 by members of an identity theft ring who stole his master key as part of a scheme to claim fraudulent tax refunds. These tax schemes have ballooned into an extremely large illegal industry that could cost the U.S. $21 billion over the next five years, according to the U.S. Treasury Department.

Jacksonville Identity theft is a form of theft in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or gain some benefit that could be given to the person's name; in this case, tax returns. The victim of the identity theft (the person whose identity has been assumed by the thief) can suffer serious penalties if they are wrongfully held accountable for the perpetrator's actions.

The IRS realizes that the average citizen is not out to commit fraud against the U.S. However, the IRS is still vigilant and monitors those citizens exhibiting certain financial characteristics, such as:

- failure to cooperate with taxing authorities
- engaging, concealing, or hiding illegal activities
- hiding assets
- understating income
- failing to file tax returns
- dealing in cash

However, as the ease of completion increases, the type of individual changes, and amount of individuals participating in the crime itself, making criminal enterprises susceptible to this type of crime. In many of these cases, the police have found multiple suspects camped out for weeks in hotels smoking marijuana and using laptops to file fraudulent tax returns on Turbo Tax or other tax preparation software, using unsuspecting citizens’ names and confidential personal information, multiple re-loadable debit cards, having lists of hundreds of financial transactions.

Identity thieves sometimes impersonate dead people, using personal information obtained from death notices, gravestones and other sources to exploit delays between the death and the closure of the person's accounts, the inattentiveness of grieving families and weaknesses in the processes for credit-checking. Such crimes may continue for some time until the deceased's families or the authorities notice and react to anomalies.

To protect oneself and one’s family against tax-identity theft, individuals are advised the following:

- Do not routinely carry one’s Social Security card or other documents that display one’s SSN unless necessary, as many tax identity fraud cases can start from a purse snatching.
- Only use secure websites (https://) while making online financial transactions (thieves access information one provides to an unsecured Internet site).
- Keep one’s personal information personal. One should not disclose one’s Social Security Information or other important personal information on the phone, fax or on social media platforms
- Shred or burn all tax related documents after tax time is over and keep the necessary ones in a safe (thieves can and will look through the trash)

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Increase in Tax Evasion Schemes Costing More Than Just Money In Florida" »

Dothan Texas police arrested Laurie and Steven Baxter, both of Malone, Fl.,on charges they allegedly stole from a local store. Both were charged with first-degree theft of property, and Laurie Baxter was additionally charged with felony second-degree assault on a police officer. Loss prevention employees at the store detained a woman seen hiding items in her purse. Steven Baxter allegedly helped her escape with the purse. Both Laurie and Steven Baxter ran from the business. A patrol officer allegedly saw Laurie Baxter running along a ditch at which time she allegedly assaulted him in an effort to escape. Police did not say how the officer was assaulted.

Florida shoplifting and petit theft charges can be complex, particularly because these situations many times involve video surveillance footage showing one at the scene of the crime. Witness testimony can be particularly important in a situation like this, including loss prevention officers, security personnel, or store employees who will testify that one took an item. Finally, the item allegedly stolen might also be used as evidence against one if the object was found in one’s possession, such as in a pocket, purse, or car.

One of the most common locations where an accusation of shoplifting might occur is at a department store or bulk store, where groups shop, such as families or groups of teenagers. Juveniles are the first to be accused of thievery, even if the thievery never occurred. The following illustrates a very common and unfortunate situation where law abiding citizens are accused of shoplifting crimes:

A busy parent is shopping at Wal-Mart with their three young children. The parent is trying to watch the children while shopping and talking on the phone. The parent or a child, often a child, will pick up an item and place it in or underneath the shopping cart, eventually being covered up by something else, being lost from view. The parent pays for all the items they thought was in their cart; however, the parent is met at the door by loss prevention officers who accuse the parent of theft from their store.

Loss prevention officers at department stores are not police officers and do not care about whether one accidentally forgot to pay for something; proper investigation in the manner a police officer is required to do is not in the loss prevention officer’s job description. Normally the store will call the police who will arrest one unless one admits to stealing the items. The police will question the loss prevention officer, who works for the store and has bias to tell a falsehood. The police then question and possibly arrest or issue a notice to appear in court to the now flustered and scared parent.

In cases involving law enforcement misconduct or improper police procedure, law enforcement officers may attempt to cover up a lie or a crime by trumping up criminal charges against the victim of their abuse. Many times after a civil rights violation, the law enforcement officers will charge the victim of the police misconduct with obstructing justice or resisting arrest with or without violence.

In this case, there is an unknown as to Laurie Baxter’s additional charge of felony second-degree assault on a police officer. A patrol officer allegedly saw Laurie Baxter running along a ditch at which time she allegedly assaulted him in an effort to escape. Police did not say how the officer was assaulted. Many times, if one has angered a police officer after being accused of committing a crime and not wanting to comply with the officer’s demands, the officer will claim one hit or spit on the officer, which is an assault charge. Unfortunately for the accused, many times the court will be believe the officer, exposing one to a long period of prison for a crime that really never happened.

Fortunately, if one obtains an experienced attorney, one’s attorney will be able to challenge the evidence against one, including questioning witness testimony, questioning the conduct and manner of the arrest or search, or how evidence was processed by law enforcement.

Continue reading "Florida Couple Arrested In Texas For Theft Of Property And Assault on A Police Officer" »