Jacksonville Criminal Attorney Blog

An Avon Park police officer has been adjudicated guilty of a felony and sentenced to a year in jail. Adam Willis entered a plea to grand theft after he was arrested for taking a wallet from an unlocked car while he was on duty to protect the citizens of Florida.

There are many levels of theft crimes in Jacksonville and in all of Florida. A theft is committed if you knowingly obtain, use, or try to obtain property that belongs to someone else with the intent to permanently or temporarily deprive them of it. Depending on the value of the property, the crime can be a felony or a misdemeanor. If the value is under $300.00, it is a misdemeanor. If the value is over $300.00, it will be considered a felony grand theft.

The state attorney's office has announced new procedures on how Jacksonville, Clay County, and Nassau County will be dealing with worthless check cases. The new procedure requires merchants in Florida who want to prosecute someone for a bad check to have a photo of the alleged check writer or a copy of his or her driver's license. If they don't have these items, a criminal check case will not be opened in Jacksonville.

Before the change, the only thing people who claimed they were written a bad check had to produce was the check. After a period of time, a criminal charge was filed and a capias (bench warrant) was issued for the check writer's arrest. In order to convict someone of writing a worthless check, the state attorney must prove several things. They are:

1. The defendant drew, made, uttered, issued, or delivered the check.

and

2. When the defendant did so, there was not enough money in the bank to pay the check.

and

3. The defendant knew when he or she wrote the check that there was not sufficient money in the bank.

and

4. The defendant knew he or she had no arrangement or understanding with the bank for hte payment of the check.

There are some defenses to a worthless check charge in Florida even if all of the above elements are proved. They are:

1. The payee knew that the defendant lacked the funds when they deposited or cashed the check.

or

2. The payee should have known (good reason to know) that the defendant didn't have the money in the bank.

or

3. The check was post-dated.

When most people get arrested for DUI (Driving Under the Influence) in Florida, they have been driving a car. DUI law prohibits you from driving a "motor vehicle" while impaired. Police in Marion County arrested a man last week for DUI on a riding lawnmower. Police say Ron Martin was riding a lawnmower on a road and drove it into a bus.

When police made contact with Martin, they noted the typical "clues" of impairment that almost every officer notes in a DUI arrest. They smelled the odor of alcohol coming from his breath, saw bloodshot, watery eyes, heard slurred speech, and said that Martin was unsteady on his feet. In a Jacksonville arrest for DUI, JSO DUI officers almost always note these observations.

Marion County police also arrested Martin for grand theft because the lawnmower was stolen.

Ronald Lilly, a former president of the North Florida Regional Chamber of Commerce, has been arrested for fraudulently obtaining property valued under $20,000. (fraud charges) He is accused of issuing checks to himself and another person for services not performed. He is also accused of buying a golf cart with the chamber's money for his own use.

This fraud charge is a felony in Florida and can carry time in prison. Currently, Lilly is being held in jail on a $75,000 bond.

If his fraud case was being handled in Duval County, the state attorney's office has a specialized division to handle fraud charges in Jacksonville. The department is called "Special Prosecution" and certain attorneys handle all criminal fraud cases.

A condominium manager has been arrested in Jacksonville for Grand Theft. Joan Eller worked for Timuquana Village Condo Association and is accuse of writing checks to cover her own purchases. The amount she is accused of stealing is almost $167,000. Because of the amount involved, this grand theft charge in Jacksonville is considered a first degree felony punishable for up to 30 years in prison.

Prior to being arrested in Jacksonville, Eller paid all the restitution back to the association. In some cases, paying back what is owed will divert prosecution of a crime. For example, if you are charged with passing a worthless check, the state attorney's office give you the chance to pay the vendor what is owed and pay the state attorney's "processing fee". In some circumstances, the state will then drop your criminal charges in Jacksonville.

Are you driving a car likely to be stolen in Florida? The National Insurance Crime Bureau released the top ten most popular cars stolen in Florida last year. They are:

10. 1996 Jeep Cherokee
9. 1995 Nissan Maxima
8. 2007 Toyota Corolla
7. 2000 Dodge Caravan
6. 2008 Nissan Altima
5. 2004 Dodge Ram Pickup
4. 2006 Ford F150
3. 1990 Toyota Camry
2. 1996 Honda Accord
1. 2000 Honda Civic

If you steal a car in Jacksonville, you can be arrested for Grand Theft Auto. This crime is a third degree felony punishable for up to 5 years in prison. You should consult a Theft Crime Attorney in Jacksonville if you have any questions about a theft arrest in Jacksonville.

If you are arrested for Grand Theft in Jacksonville, the prosecutor must not only prove you stole something, but the item must be valued at $300.00 or over. In order to convict you of Grand Theft, a third degree felony, the prosecutor has to prove the value.

"Value" is considered fair market value at the time of the theft. It can be established by cost minus depreciation. Some factors to consider are:

1. The original cost of the item

2. The way the item has been used.

3. The condition of the item when stolen

4. The depreciation of the item

A competent Criminal Lawyer in Jacksonville would review the issue of value in every theft case.