Jacksonville Criminal Defense Lawyer Blog

John Travolta, famous movie star and Florida resident, recently got the news that his 1970 Mercedes 280 SL will not be returned after Police made two arrests in connection with the grand theft. According to the reports, the two men have "chopped" the car and sold the parts. Travolta's Mercedes was worth approximately $100,000.

The theft occurred last September when Travolta parked it near a Jaguar dealership in Los Angeles. The two men were subsequently arrested in December, but police have just release the news of the car's "chopped" status. One of the men, D.L. Rayford Jr., pleaded no contest to grand theft and was sentenced to 16 months in prison. The other man, Michael Green, was already on probation for other theft crime when arrested for this incident. Although this crime took place in California, grand theft is also common in Jacksonville. Florida Statutes § 812.014defines Grand Theft and penalties therein. In applying these facts to Florida law and under this statute this crime would be grand theft in the first-degree, a first-degree felony. The penalties range up to 30 years in prison and up to $10,000 in fines.

Grand Theft is a serious felony and has harsh penalties if convicted. Furthermore, taking on the legal system is not an easy task; especially if your unrepresented in Court. This is where the advice and counsel of a Jacksonville Criminal Defense Lawyer may prove invaluable. The Jacksonville Criminal Defense Lawyer can review your case, determine which defenses and justifications may apply, and make the proper determination as to the best approach in moving forward. So, if you have been charged with Grand Theft or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

Recently, a 19 year old St. Augustine Beach resident, Chase Cameron, has been arrested and charged with Stealing a motor vehicle and burglary after a morning full of mischief. According to police reports the suspect stole the Porsche early Sunday morning and sometime after decided to burglarize a local Christmas Tree lot.

Mr. Cameron stole a 1998 yellow Porsche Boxster and was caught at a local fast food restaurant after someone called the police because he was acting "nervous and irritated." However, much to the police's surprise, inside the vehicle was evidence of another crime, burglary. Located inside the vehicle were tools, the cash register, the credit card machine, and candy canes, all belonging to a local Christmas Tree lot.

The suspect, Mr. Cameron is currently being held in St. Johns County jail on a $18,000 bond.

Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

In St. Johns County, Florida, three juveniles were arrested for burglary to a house in Fruit Cove, Florida. Jordan Michael Golden (16) and Cameron Matthew Straughn (15) were arrested for armed burglary to a dwelling, dealing in stolen property and grand theft. Another juvenile criminal defendant, Gavin Michael Loftus has been charged with Florida dealing in stolen property and obstruction by giving false information to a law enforcement officer in St. Johns County, Florida. (See Three Fruit Cove Teens Arrested in Connection with Burglary in the First Coast News for entire article and pictures).

The charges are all felonies and extremely serious crimes. No only are these Fruit Cove Juveniles looking at possible incarceration, but they charges could haunt them in the future. With a future ahead of them, it is important that they make the right decisions in their cases. They should certainly have separate representation due to the potential conflict of interest with these St. Johns County juvenile defendants. When co-defendants are arrested, they often turn against one another. It is important that each Clay County criminal defendant has his own Clay County Criminal Lawyer, so an attorney is looking out for the individual's best interest.

If you are caught shoplifting at a retail store in Jacksonville, Florida, you may be charged with theft in Duval County Court. If the retail store calls the police, you will either be arrested or issued a notice to appear in court for the charge of Jacksonville theft. The charge that you will be facing depends on the amount that you allegedly shoplifted. If the value of the property is $300.00 or more, it is a felony theft. (See Jacksonville Shoplifting Crimes Range From Misdemeanor to Felony Charges)

Jacksonville shoplifting and theft is not a crime that should be taken lightly. When job searching, employers often disapprove of this crime, and it could affect their hiring decisions. Therefore, it is important to attack this Jacksonville theft case early. You may be able to defend the case due to a lack of evidence or by proving that you were falsely accused. In some Jacksonville theft cases, the Duval County State Attorney Office may consider diverting the criminal case, causing the charges to later be dropped. The last thing that you want to do is be convicted of a Jacksonville theft crime, because this will affect your ability to seal or expunge your Jacksonville criminal record. Therefore, it is important to contact a Jacksonville Theft Attorney.

Under Section 812.014, Florida Statutes, a Jacksonville shoplifting charge can range from a misdemeanor to felony crime. Usually, this level of the crime depends on the value of the goods that were the subject of the theft. Section 812.014 states that if the value of the property is less than $100.00, the petit theft (petty theft) is a second-degree misdemeanor, which is punishable by up to 60 days in Duval County Jail. If the property stolen is valued at $100 or more, but less than $300, this is a first-degree misdemeanor. This is punishable by up to one year in Duval County Jail. If the property is valued at $300 or more, but less than $5,000, the offender has committed a third-degree felony which is punishable by up to 5 years in Florida State Prison.

Florida Statute Section 812.014, also provides for enhanced charges if the offender has previous theft convictions. Therefore, it is important to tell your Jacksonville Theft Lawyer about your criminal record.

When I was a child, I remember my dad talking about the oil crisis of the 1970s. He talked about people using a tube to siphon gas from other vehicles. In fact, people would install gas guards in order to prevent this from occurring. Therefore, when I think about some stealing gas in Jacksonville, Florida, I think of gas siphoning or gas and go (driving off without paying for gas). Siphoning gas is theft. If a person were to siphon gas, he or she would only be able to take an amount that would establish grounds for a petit theft. Jacksonville Petit Theft and driving off without paying for gas are both misdemeanors.

With Jacksonville Theft crimes, the higher the dollar amount stolen, the more serious the crime. If the dollar amount $300 or more, the crime is a felony. A felony gas theft occurred this week in Jacksonville, Jacksonville.com reports that 1,300 gallons of gasoline were stolen "from First Coast Shell at Greeland Avenue at Ramona Boulevard in Jacksonville. Station operators called in the theft at 4:05 p.m. Tuesday, reporting that $5,200 worth of gas was taken sometime after 10 p.m. the night before." If the perpetrator is caught, he will certainly be facing a Jacksonville Felony Theft Charge.

The Florida Fifth District Court of Appeals heard a Florida DUI appeal and ruled that the stop of the driver was valid. In State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA March 10, 2011), the trial court granted the Florida DUI defendant's motion to suppress evidence that was seized during a Florida DUI traffic stop.

The police officers saw the car stopped at 4:00 a.m. at a four-way stop for 20 minutes. The driver, Gentry, had his head down. When an officer tried to approach the vehicle, Gentry tried to drive off. Officers followed him and pulled him over. They held him the back of the patrol car when they determined that he did not have a valid license. Police officers searched the car, found drugs, and confirmed that the car was stolen.

The Florida appellate court ruled that an officer is justified in stopping a vehicle to determine the reason for the vehicle's unusual operation. If an officer observes a vehicle operating in an unusual manner, there may be justification for a stop even when there is no violation of vehicular regulations and no citation is issued. The officer may be determining if the driver is ill, tired, or driving under the influence. In this Florida DUI case, the Florida court held that the officer's suspicion that Gentry was impaired or ill was reasonable and justified the stop. Since the car was stolen, Gentry did not possess standing to challenge the search of the vehicle (Read Search of a Stolen Car in Jacksonville Vehicle Theft Cases).

In Jacksonville Grand Theft Auto Cases, police officers will often stop and search the vehicle involved. The law is well-established that "the driver of a stolen automobile [has] no right to challenge the search of the stolen vehicle because he [does] not have a legitimate expectation of privacy in that vehicle." Florida v. Singleton, 595 So. 2d 44, 45 (Fla. 1992) (Read Search of a Stolen Car in Jacksonville Vehicle Theft Cases). However, this does not mean that the driver cannot challenge the search or seizure of his person. In Nelson v. State, 578 So. 2d 694 (Fla. 1991), the Florida Supreme Court ruled that the driver had standing to challenge his stop. The Court "recognized the distinction between the seizure of property in which the defendant did not have a possessory interest and the seizure of a person." Singleton, 595 So. 2d at 45. Therefore, in Jacksonville Grand Theft Auto cases, even if the driver cannot challenge the search of the stolen car, he can attack the initial stop of the car.

If you have been charged with a crime in Jacksonville, Florida or the surrounding areas, it is important to speak with an Jacksonville Criminal Attorney about any stop or search that occurred in your case.

As a Jacksonville Grand Theft Auto Attorney, I have seen a fair share of Jacksonville Grand Theft Auto Cases. In most of the cases that I have handled, the Jacksonville Sheriff's Office attempts to stop the vehicle. Quite often, the suspect runs from the vehicle. When this occurs, the Jacksonville criminal defendant is charged with Jacksonville fleeing and attempting to elude an officer and Jacksonville grand theft auto. Police will usually search the stolen vehicle.

The U.S. Supreme Court has held that in order for the driver of a vehicle to have standing to challenge the search of a vehicle, "he or she must show a proprietary or possessory interest in the area of search or that there are other factors which create an expectation of privacy which society is willing to recognize as reasonable." Rakas v. Illinois, 439 U.S. 128 (1978); Katz v. United States, 389 U.S. 347 (1967). The driver of a stolen car cannot challenge the search of the car. The Florida Supreme Court confirmed this ruling in State v. Singleton, 595 So. 2d 44 (Fla. 1992). Recently, the Florida Fifth District Court of Appeals held in accordance with this law in State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA, March 11, 2011).

Read Also, Jacksonville Police Stop and Search Vehicles in Grand Theft Auto Cases.

There has been a recent string of thefts of memorial vases from cemeteries in Jacksonville and Orange Park, Florida. Nicolas Whithey, Jessica Arnold, and Nicholas Dennison were arrested by the Jacksonville Sheriff's Office in reference to the Duval County Florida grand thefts. Dennison is being held on a warrant for the Clay County Florida grand thefts. Therefore, Dennison's Clay County Criminal Attorney will need to defend charges brought in both counties.

If Dennison is seeking to enter into a plea bargain in his Clay County and Duval County Florida theft cases, his Clay County Criminal Attorney should obtain a joint disposition. Although two different assistant state attorneys (one for each county) will be assigned as prosecutors in the cases, the State Attorney offices in Duval and Clay County are both in the Fourth Judicial Circuit. Thus, they both are headed by Angela Corey, and the offices work together.

As a Criminal Defense Lawyer in Clay County and Duval County, I have had clients that have been charged with crimes in both counties. If my client is going to enter into a plea agreement in one county, I need to have disposition that works with it in the other county. Therefore, it is important to address this in negotiations with both the Clay County and Duval County state attorneys.

As a Jacksonville Criminal Attorney, I have seen minor offenses become major crimes due to a change in circumstances. A prime example of this occurred this weekend in August, Georgia (story: News4Jax). The United States Marines were collecting toys for underprivileged children at a local Best Buy store. A man was caught shoplifting a laptop computer. Assuming that the value of the lap top was greater than $300, this shoplifter would be facing a charge of grand theft, if the theft would have occurred in Jacksonville, Florida. However, the crime escalated when the shoplifter tried to escape. He was confronted by a marine when exiting the store. The marine stopped him, and the man stabbed the marine in the back. Now, the shoplifter will not only be facing grand theft charges. In Jacksonville, Florida, he would be charged with aggravated battery with a deadly weapon.