Jacksonville Criminal Attorney Blog

Orlando police officer, Wendell Robey, has been arrested in Florida for grand theft, dealing in stolen property, and identity theft. The officer and his wife are accused of selling employee tickets to Disney World and Universal Studios on craiglist.com. Employees are given these tickets by the companies and are not for resale.

In order to convict Robey of Grand Theft in Florida, the state would have to prove that he knowingly took someone;s property with the intent to temporarily or permanently deprive them of the property. If the value of the property is over $300, the crime is a third degree felony punishable for up to 5 years in prison.

Dealing in Stolen Property is a second degree felony punishable by up to 15 years in prison. The prosecutor would have to prove Robey bought or sold property he knew or should have known was stolen.

Identity Theft, also called Criminal Use of Identification Information, is a multi-level felony in Florida. The prosecutor would have to prove Robey willfully and without authorization, fraudulently used the personal identification information of someone else without obtaining their consent. If the value received is less than $5000, this is a third degree felony punishable up to 5 years in prison.

If the value received is $5000 or more or if the suspect fraudulently used 10 or more people's information but less than 20, the crime is a second degree felony punishable to up to 15 years in prison. It also carries a 3 year minimum mandatory, which means if convicted, a suspect would have to spend 3 years in prison day for day.

If the value received is $50,000 or more or 20 up to 30 people got the their identities stolen, the suspect could receive up to 30 years in prison with a 5 year minimum mandatory.

A ten year minimum mandatory is applied if the value received is $100,000 or more or 30 or more people are victims of the ID theft in Florida.

Tammy Ramos, the controller for Jax Care, has been arrested on a charge of Schemes to Defraud in Jacksonville. JaxCare is a local non-profit that insures people who work but cannot afford traditional insurance plans. Ramos is accused of writing checks to herself from the business to support her drug habit. The amount stolen is allegedly around $400,000.

Under Florida law, if someone engages in a scheme to defraud and obtains the property (or money) and the value is $50,000 or more, it is a first degree felony punishable for up to 30 years in prison. "Scheme to Defraud" is defined as a systematic ongoing course of conduct with intent to defraud one or more people, or with the intent to obtain property from one or more persons by false representations or promises or willful misrepresentations of a future act.

The Jacksonville bond on this fraud charge in Jacksonville is $20,003. Ramos has posted this bond and is required to participate in the Pretrial Services Program (PTS) in Jacksonville. This is a drug testing program that some judges place defendants into as a condition of their bond in Jacksonville. In addition to paying the bond, they MUST participate in this program. The defendant has to report on a weekly basis and provide a urine sample to be tested for illegal drugs. PTS generates a weekly report to the judge who has the case and if a positive test is show, the judge can revoke the bond and place the defendant in jail. If you are in the Pretrial Services Program and have questions about your bond, you should call a Jacksonville Bond Attorney.

As Jacksonville Criminal Defense Lawyers, we represent many people on a variety of theft crimes, including uttering a forged instrument. Uttering is a third degree felony in Florida and is punishable for up to 5 years in prison.

In order to prove the crime of uttering, the prosecutor has to prove:

1. That you passed or attempted to pass a forged instrument, such as a check.

2. That you knew the instrument was false, altered, forged, or counterfeited.

3. That you had the intent to injure or defraud.

It is not enough for the prosecutor to show that you should have known it was forged. They have to prove you had actual knowledge. If you have been arrested on an uttering charge, you should consult with a Jacksonville Uttering Attorney as soon as possible to discuss your rights and your case.

A Northeast Florida Red Cross Employee has been arrested in Jacksonville on theft and fraud charges. Nicole Urbani has been charged with:

- 5 counts of fraudulent use of personal identification information, all third degree felonies in Jacksonville.

- 1 count of fraudulent use of credit cards, a third degree felony in Jacksonville.

- 1 count of employee theft, a second degree felony because the value stolen is over $20,000 but under $100,000.

Urbani is accused of creating fake house fire victims and dispensing the Red Cross money to herself. JSO claims she stole just over $33,000. If convicted of all the crimes she is charged with, Urbani faces up to 45 years in prison.

A Justice Coalition accounting manager has been arrested in Jacksonville for grand theft, a third degree felony. Terri Johnson is accused of stealing over $45,000 from the organization. The Justice Coalition considers themselves an advocate for victims of violent crimes in Jacksonville, such as homicide, rape, robbery, and aggravated assault.

The Justice Coalition publishes a newspaper called the Victim's Advocate. In it, they praise police officers and have a section called Shame, Shame, Shame. In this section, they publish pictures and names of people who have been arrested for offering for prostitution or soliciting for prostitution. In small writing, it says they "(h)ave not been convicted of the crime for which they were arrested. This information does not in any way imply or infer guilt". It is interesting that the Justice Coalition does not believe the words, "shame, shame, shame" do no imply or infer guilt.

Perhaps they should put Ms. Johnson's picture and name on the shame page or Jacksonville police officers who have been arrested in the past year. Here are the police officers with pending felony charges in Jacksonville:

Marc Garza - Felony Official Misconduct and Falsely Reporting the Commission of a Crime

David Cervone - Felony Official Misconduct and Falsely Reporting the Commission of a Crime

James Toner - False Imprisonment and Battery

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.