Jacksonville Criminal Lawyer Blog

Financial identity theft crimes are becoming more common in Florida as people resort to using less cash in favor of credit and debit cards. The following are a couple examples of increasingly common ways people are committing financial identity fraud to obtain the names and numbers on credit and debit card accounts so they can be later used without the cardholder's authorization.

One method of financial identity fraud is referred to as key logging. It can happen in two primary ways. First, a person will attach a device to a computer through the keyboard port that can document a person's key strokes when the computer is used. For instance, an offender may attach the device to a computer at a public library. When a victim uses the computer and types information on the keyboard, the offender can come back and remove the device and determine what keys the victim hit while using the computer. Alternatively, software is available that can serve the same purpose. After visiting a certain website, opening an email or getting a computer virus, a computer may acquire software that records a person's keystrokes and sends the information to another location to be accessed by an offender.

Another method used to commit financial identity fraud is called skimming. This occurs when the offender uses a device that records the information on the magnetic strip on a credit or debit card as well as the information entered on the keypad. The device can be used in places where people swipe their credit or debit cards, such as ATM machines, gas station pumps and other such terminals. It can also be done in the various situations where a person gives a waiter, retailer or other vendor a credit card to be swiped and returned to the customer.

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Posted In: Theft Crimes , White Collar Crime

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A Jacksonville (Duval County), Florida woman is a known criminal who shoplifts at various department stores. She was most recently seen stealing items at a Target store on Monument Road in Jacksonville, Florida, according to an article on www.Firstcoastnews.com. Department stores in Florida and across the country lose a significant amount of money to shoplifters every year. As a result, they have taken steps to identify and arrest shoplifters before they can leave the store with the merchandise. Department stores now often have elaborate video surveillance, scanners that detect when a stolen item is leaving the store and undercover loss prevention officers inside the stores looking for potential shoplifters.

What signs do loss prevention officers and police officers look for to identify a shoplifter? There are several characteristics that shoplifters exhibit when they are in a store looking for something to steal. Loss prevention officers look for people who appear nervous and avoid eye contact with others, who wander around the store without buying anything, who leave the store and return within a short period of time, who linger in areas that are difficult to see, who keep looking around for people watching them and who come into the store with loose clothing, a big bag or other containers that can conceal a stolen item.

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Posted In: Theft Crimes

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In Jacksonville, (Duval County) Florida, the crime of copper theft is increasing significantly, according to a recent article from First Coast News. Copper theft typically occurs when a person steals or breaks open air conditioning units in buildings and homes and steals the copper out of the units. That valuable copper is then resold for approximately $4 per pound.

Judging by the number of Jacksonville Sheriff's Office police reports, there are several incidents of copper theft each week in the Jacksonville area because the crime is fairly easy to commit and the fruits of the crime are in high demand. Additionally, copper theft is currently classified as a misdemeanor in Florida which means that the maximum jail sentence if a person is convicted of the crime is 12 months.

However, in an effort to reduce the frequency of these crimes along with the often significant cost of the damage to homes and buildings that often accompany copper theft, the Florida legislature is working towards making copper theft a first degree felony which would subject people convicted of copper theft to potentially spending multiple years in prison and other penalties.

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Posted In: Theft Crimes

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The Florida legislature has made it a crime (punishable by up to 15 years) to traffic in, or endeavor to traffic in, property that you know, or should know, is stolen. The key words here are "should know." The State doesn't have to prove that you actually did know the property was stolen, only that you should have known.

The common Dealing in Stolen Property case arises when a person pawns property at a local pawn shop. If that property has been reported stolen in a recent (or even distant) burglary, the person that pawned the property is generally arrested for dealing in stolen property, regardless of whether there is any nexus between the burglary and the pawning.

The problem with the prosecution is that there generally is a lack of evidence concerning whether the person that pawned the property knew or should have known that the property was stolen. Most property does not come with a tag that reads "Stolen." For example, you cannot tell whether a lawn mower is stolen by simply looking at it. Ownership of property can legally change hands with nothing more than a handshake. For example, Mr. Smith certainly can give Mr. Jones his lawn mower to pay off a debt that he owes Mr. Jones. And Mr. Jones can certainly pawn that lawnmower to recover the money that he loaned Mr. Smith.

So how does the State prove that the pawning person knew or should have known that the property was stolen? They generally rely on the time frame between when the property could have been taken and when the property was pawned. The shorter that time frame, the more likely it is that the person that pawned the property knew or should have known that it was stolen. The chink in the armor of this reasoning is that it is based on speculation. The State is speculating about what happened between the theft and the pawning. It is entirely reasonable that the property changed hands several times between the theft and the pawning.

Dealing in Stolen Property cases are often prosecuted with little investigation done by the law enforcement agencies. Once the police determine that property has been taken in a burglary and that the property was later pawned, an arrest is made and the case is turned over to the State Attorney's Office for prosecution.

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Posted In: Theft Crimes

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