Jacksonville Criminal Lawyer Blog

People are shoplifting more at Jacksonville, Florida businesses these days, according to an article on Firstcoastnews.com. These businesses are fighting back by placing better security systems in their stores including color cameras to detect people stealing in their stores. Years before, it was fairly rare to see a shoplifting case with good, color security photos that could actually be used to identify the shoplifter. Oftentimes, companies had security cameras with grainy, black and white photos that made it difficult to identify anyone. These cameras were often focused on employees and would not capture any shoplifting or other criminal activity committed by others. As technology has become better and crime has become more prevalent in Jacksonville, companies have moved towards using better security systems that are more capable of preventing shoplifting and other thefts or at least identifying the offender when theft occurs.

In Florida, the crime of shoplifting can be a fairly minor crime or quite serious depending on the value of what is stolen. There is actually no crime called shoplifting in the Florida statutes, although that is a common colloquial term for theft in retail stores. The crime of theft is a misdemeanor if the value of the property stolen is less than $300. Misdemeanors can carry a maximum penalty of 12 months in jail. However, if the value of the property stolen is $300 or more, the theft crime becomes a felony. If the value of the property is high enough or other aggravating facotrs exist, the theft can be considered grand theft and can be a first degree felony punishable by up to 15 years in prison.

Two employees of the Jacksonville Electric Authority (JEA) were arrested for grand theft after allegedly stealing reels of copper wire from the utility, according to an article on Firstcoastnews.com. The investigation began when another woman was apparently arrested in connection with $135,000 worth of copper wire taken from the JEA salvage yard.

Theft of copper wire has become a much more prevalent crime over the years in Jacksonville and throughout the country. As the price of copper wire went up in the U.S. and internationally (by more than 5 times in the mid 2000's), copper wire thefts have increased as well. One government study estimated that $1 billion worth of copper wire is stolen each year in the U.S. These thefts often occur at abandoned homes, warehouses and construction sites. Copper thieves look for copper wire in air conditioning units, exposed pipes and many other locations. However, stealing copper can be dangerous, as these people found out when they were electrocuted trying to cut through power lines made of copper.

In Florida, theft can be a fairly minor crime or it can be very serious with significant penalties. If the value of the property stolen is less than $300, the theft is a misdemeanor crime in Florida. Because copper is so valuable these days, most copper thefts of any significance will be well above that threshold. If the value of the property is $100,000 or more, the crime is grand theft and would be a first degree felony punishable by a maximum 15 years in prison. While most theft cases are misdemeanors or in the $300 to $20,000 range making the crime a third degree felony punishable by a maximum of 5 years in prison (but often resolved with minimal jail time or probation), copper theft cases can get over the $100,000 threshold and into the first degree felony range fairly quickly.

A man was caught trying to leave a Target store with stolen merchandise in Flagler County, Florida and ended up being charged with at least one very serious felony crime, according to an article on News4Jax.com. The article indicates that a police officer was called to the store to investigate an alleged shoplifter. When the alleged shoplifter exited the store with merchandise and saw the Flagler County police officer and Target loss prevention officer outside of the store, he ran to a car that was waiting for him. At this point, he was only facing a charge of petit theft, a fairly minor misdemeanor, if the property was valued at less than $300, or grand theft, a third degree felony, if the property was worth between $300 and $20,000. Grand theft at that level is a third degree felony, but one of the less serious felony crimes.

However, this case and the ultimate charges became much more serious when the suspect allegedly slammed the car door on the police officer and broke his arm. At that point, the case went from a fairly minor theft case to a theft and aggravated battery against a law enforcement officer case. In Florida, aggravated battery against a law enforcement officer is a first degree felony which carries a minimum sentence of five years in prison. Therefore, if the suspect had just removed the merchandise from the store without paying and the goods were worth $300 or more, he was looking at a maximum sentence of five years but realistically either probation or a short term of imprisonment. However, by slamming the door on the police officer and breaking his arm, he is now likely looking at a much more significant prison sentence if proven guilty.

Most experts would predict that crime rates would increase as economic times become worse. However, as Florida and the rest of the U.S. are suffering through a lengthy economic downturn, crime rates seems to be dropping across the country. According to FBI statistics, violent crimes such as murder and manslaughter dropped about 10% for the first half of 2009 and property and theft related crimes have dropped 6.1%. Crime rates are as low as they have been since the 1960's, according to the FBI.

The general idea correlating higher crimes rates with tough economic times is that people become more desperate and have more time on their hands due to unemployment when they face difficult financial situations. Some people suggest that the reduced crime rates are due to economic stimulus packages and extended unemployment benefits making it easier for people to endure the recession. If true, however, when these programs and benefits ultimately stop, crime rates may rise to a level more consistent with the difficult economic times.

Law enforcement officers in the Jacksonville area and throughout Florida are cracking down on people who are stealing vehicles to change their identity for resale or to strip them for parts or scrap metal. The Jacksonville Sheriff's Office (JSO) recently arrested six people in Jacksonville who are accused of stealing cars and buying stolen cars to break them down for parts or sell them for the scrap metal, according to an article on News4jax.com. The arrests were part of a specific effort to crack down on people stealing cars for this purpose.

The Florida legislature has also been involved in addressing the issue of stolen cars. A new law was recently passed which made it illegal for salvage companies and others to salvage a car for scrap metal or strip it for parts without the title to the vehicle. In the past, people could sell old cars to salvage yards without the title, and the salvage yards would break the cars down or crush them and sell the parts or the metal. Requiring the person selling the vehicle to the salvage yard to provide the title to the vehicle presumably lends some legitimacy to the transaction and helps prevent people from quickly selling stolen vehicles to the salvage company, although fake titles are fairly common and many people keep their titles in the glove compartment.

Apparently, Jacksonville police also used Craigslist as a way to investigate this crime by going after people who advertised that they would buy old cars without requiring the title. Such advertisements are now against the law due to the recent change in the law.

In a recent criminal case involving a burglary near Jacksonville, Florida the police received information that items recently stolen during a burglary were located in the suspect's residence. The police waited outside the suspect's apartment until he arrived home in his vehicle. They approached the suspect and asked him if they could search his apartment for the stolen items. The suspect apparently consented to a search of his apartment. The police officers presented the suspect with a standard form to sign signifying his consent to the search. The consent to search form was broad and included places other than the apartment, such as his vehicle. The suspect signed the form but not before crossing out his vehicle on the form.

The police then searched the apartment as the suspect apparently permitted. They found items stolen in the burglary in his apartment. Then, the police arrested the suspect and searched his vehicle which was parked on the street. They found more stolen items and evidence in the vehicle.

During the criminal case, the criminal defense lawyer made a motion to suppress the evidence found in the vehicle on the grounds that the search of the vehicle was illegal. The court ultimately agreed with the criminal defense attorney and the evidence found in the defendant's vehicle was thrown out.

There are a couple of important points to understand here. First, if the police do not have a search warrant and there are not emergency circumstances necessitating an immediate search, the police do not have a right to search you, your home or your vehicle. They have to get you to agree to a search under those circumstances. If the police ask you for consent to search anything of yours, you have every right to say no. Additionally, if you give consent to search one thing, that doesn't necessarily give the police the right to search anything else, although if they find something incriminating during the initial agreed upon search, it could lead to further valid searches. If in doubt, the best course of action is to decline a request to search.

In this case, the suspect did give the police consent to search his apartment. And the police found incriminating evidence that was used to charge him with a crime. However, he specifically refused the police permission to search his vehicle so any search of his vehicle was illegal. There are times when a police officer can search a person's vehicle pursuant to an arrest, but in this case, the vehicle was outside and away from the suspect when he was arrested so that exception did not apply.

Several fence contractors were arrested for fraud in the Jacksonville, Florida area, according to an article on Firstcoasnews.com. The allegations are that the contractors took money from the victims but failed to perform the requested work.

When the state prosecutes contractors for fraud, these cases are not as clear as they may seem to the police and the prosecutor. When a contractor accepts money to do a job and never returns, that is one thing. However, because of the way the contracting business works, there are often unavoidable delays and other issues that can prevent a contractor from beginning work when he/she originally planned. Other times, a contractor performs the work, but the client is not satisfied or the client and the contractor had different ideas as to what work was to be done and how. The client may go to the police and claim fraud, but these kinds of cases are more appropriately left to the civil courts. Sometimes, there is a dispute over money that also is not criminal. For instance, the job may cost more than the contractor initially estimated or the client does not pay the installments in time. This may result in a delay in the job. That does not mean a crime has been committed, but rather a difference of opinion that should be resolved outside of the criminal courts.

We have seen many criminal prosecutions of contractors. Some are warranted based on clear fraud committed by the contractors. But other times, there is an honest dispute between contractor and client that should be resolved informally or by a civil lawsuit.

Three people were arrested by federal law enforcement officials for allegedly setting up a scheme where they would steal money from local banks in Jacksonville, Florida using bad checks and ATM cards, according to an article on News4jax.com. According to federal officials, the scheme involved depositing a bad check into an existing account with an ATM machine and then using an ATM card to withdraw the money before the bank realized the check was bad. In order to complete this type of fraud, the person would have to have a legitimate ATM card that could access a real account and the bank would have to credit the bad check to the account before checking to make sure it was a good check with funds available. According to federal officials, the suspects were able to get people to sell their ATM cards allowing them to quickly access the accounts where the bad checks where deposited.

Not according to a recent survey. Those survey results indicated that women are more negatively affected by identity theft crimes than men. Affinion Security Center surveyed 808 households and found that women are 26% more likely to be victims of identity theft than men. Additionally, on average, women lose more money than men when they are victims of identity theft.

If you have been the victim of identity theft or suspect that your identity and/or financial information have been compromised, there are steps you can take to prevent the theft or limit the damage. Many people who have been victimized by identity theft will not know it until much later unless they actively check their credit status. You can learn more about the steps you can take to detect identity theft and limit your exposure here.

A woman from Lehigh Acres, Florida was arrested for allegedly teaching children how to shoplift, which is the term commonly used to describe a theft of store merchandise. Lehigh Acres is about 5 1/2 hours southeast of Jacksonville, Florida. The woman was charged with the crimes of contributing to the delinquency of a minor, child cruelty and petit theft, according to an article on News4Jax.com.

This story raises a question as to what a person's exposure to criminal liability is based on his/her involvement in a crime. In other words, if a person encourages another to commit a crime, such as theft, but does not actually steal the items, is that person guilty of a crime in Florida? A person can be found guilty of attempting to commit the crime, i.e. attempted petit or grand theft, if he/she does some act to try and commit the crime but does not succeed. Therefore, a person does not have to successfully complete the crime to be found guilty of a crime. Additionally, considering the story referenced above, if a person encourages or induces a child under the age of 12 to commit a crime, that person is also guilty of the crime of criminal attempt.

Next, a person who commands, requests or encourages another to perform some specific act that constitutes a crime or an attempted crime in Florida is guilty of the crime of solicitation. Therefore, a person can be guilty of a crime in Florida merely by words of encouragement for another even if that person had no other involvement in the commission of the crime.

However, the evidence on which the state often relies to charge these crimes is typically open to interpretation. A statement made by a suspect that may be alleged as a solicitation or an act that may be alleged as a criminal attempt can often have a perfectly legitimate, noncriminal purpose rendering solicitation or criminal attempt charges improper.

The Florida crime of burglary of a dwelling or structure is committed when a person enters (or remains) in the dwelling or structure of another with the intent to commit a crime in that dwelling or structure. A common manner in which the crime of burglary is committed in Florida is when a person breaks into a house intending to steal something from that house. The crime seems to require that a person actually enters the house or other structure. However, that is not necessarily the case. If the person crawls under a house to steal something (such as copper wiring) or goes onto the roof to steal something, that is considered "entering" the dwelling or structure and also subjects that person to an arrest and prosecution for burglary. The word "enters" in the burglary criminal law refers to an invisible, vertical plane that surrounds a house. If a person breaks that plane with the intent to commit a crime, even if he never literally enters the house or structure, it is considered a burglary in Florida.

A woman who held the position of supervisor at the Department of Children and Family Services ("DCF") was arrested for allegedly stealing money that was intended for recipients of government assistance, according to an article on www.News4Jax.com. She was arrested on charges of grand theft, criminal use of personal information and scheming to defraud according to the article. The total amount of money that was reportedly stolen was approximately $24,000.

This type of theft, which is often categorized as a white collar crime, is committed in Florida when a person takes the property of another for his/her own use without authorization. The penalties for the crime of theft in Florida depend on a variety of factors, including the value of that which is stolen. Where money has been stolen in an amount equal to or greater than $20,000 but less than $100,000, the crime is grand theft which is a second degree felony that carries a maximum prison sentence of 15 years.

As criminal defense lawyers representing a person who has been accused of such a theft or white collar crime, in addition to evaluating the evidence to determine if there is sufficient evidence to prove the defendant committed the crime, it is always important to evaluate the evidence to make sure the amount the state alleges was stolen is accurate and not based on any presumptions or speculation. This could mean the difference between a first degree, second degree or third degree felony or even a misdemeanor and potentially many years in prison and/or on probation.

In the second quarter of 2008, Florida ranked 4th in the nation in percentage of home foreclosures. As a result of the increase in foreclosures in Florida, the Florida legislature and law enforcement officials are cracking down on what they consider mortgage fraud. This year, Florida passed into law the Foreclosure Rescue Fraud Prevention Act, which specifically deals with what is referred to as "rescue foreclosure" schemes to defraud. In such cases, the government alleges that companies target individuals who are headed towards foreclosure, offer them a loan to avoid foreclosure and deceive them into signing over the title to the property which is then sold by the company, often after collecting fees, refinancing and stripping the home of equity. The law allows homeowners a five day period to cancel any such contract and provides for significant financial penalties for any company that violates the law. The Florida Attorney General's Office is currently pursuing a lawsuit against National Foreclosure Management claiming they defrauded Florida homeowners out of approximately $1.7 million in home equity.

It is no secret that the housing market crashed months ago and the financial markets seemed to follow resulting in difficult economic times for people throughout Jacksonville and Florida. Politicians and media liberally are using the words recession, and even depression, to predict what is, or may be, happening to our economy. Another condition that logically follows from crashing housing and financial markets and a slowing economy is rising unemployment.

One question that we considered theoretically is whether the current economic state would have any effect on crime rates. I came across an article at Forbes.com which indicated that the Federal Reserve Bank of St. Louis analyzed crime in 28 U.S. cities to determine if there is a connection between unemployment and low wages and crime. According to the report, there is very little correlation between rising unemployment and lower wages and an increase in the crime rate over a short period of time. When there was a connection, it seemed to result in a minimal rise in crime and mainly in the area of property crimes such as theft and burglary. Other studies have analyzed the longer term effects of unemployment and poverty and crime, i.e. in terms of many years, not months, and found a greater connection.

The use of DNA evidence by Jacksonville police and the Jacksonville State Attorney's office, among other agencies, involves collecting biological material, analyzing the material, developing a profile and then attempting to compare it to profiles in state and/or federal databases where the DNA profiles of various people are stored. In the past, this process was expensive and lengthy and thereby reserved primarily for violent crimes such as murder and rape. However, the cost and time involved in DNA investigations and analyses have come down to the point that law enforcement officials are using DNA to solve property crimes such as burglary, theft and auto theft. Back in the late 1980's, when DNA analysis was in its early stages, large DNA samples were required for them to be useful, and it was expensive and time consuming to complete the analysis and comparison. Today, the process can be done with much less of a sample and, in some cases, it can take several hours and less than $100. As a result, law enforcement officials are increasingly of the opinion that a criminal investigation involving DNA is feasible for certain property crimes, particularly when the FBI estimates that the cost of property crimes in the United States was approximately $17.6 billion in 2007.

Just about any biological material can be used as a DNA sample. For instance, if a burglar decides to take a bite out of some food at the house from which he/she is stealing, if a thief leaves skin cells in the car he/she stole or if a thief cuts him/herself on a broken window used to gain entry into a house or building, there could be DNA that could be used to tie that person to the scene of the crime. When police decide to conduct an investigation involving DNA collection and analysis, they are five times more likely to identify a suspect than with fingerprints alone.

Largely in an effort to crack down on illegal aliens in the United States, the government enacted the federal crime of aggravated identity fraud which is punishable by a mandatory two year prison sentence. This is a very severe mechanism used by the federal government to address the issue of illegal aliens coming into the US and obtaining fake social security cards and other forms of identification in an effort to obtain jobs and other benefits.

However, it is not clear, and the circuits are divided as to, what exactly the government needs to prove to establish that a person is guilty of the federal crime of aggravated identity fraud. The criminal law provides that a person commits aggravated identity fraud when he/she knowingly and without authority uses a means of identification of another person. For example, an illegal alien may come to the United States and create a fake social security card using nine numbers chosen at random. If those nine numbers do not form the sequence of a real person's social security card, did the person who created the social security card commit the crime? In other words, in order to be guilty of aggravated identity fraud and receive the mandatory two year prison sentence, does the person who created the fake social security card need to know that he/she is using the card without authority or does he/she need to know that the social security number actually belongs to another person?

If it is the latter, it makes the crime much harder to prove as the government would ostensibly have to show that the social security number was a real one that actually belonged to another person and the defendant knew it. Clearly, it would be easier for the government to merely have to prove that the defendant knew he/she was improperly using the social security card or number regardless of whether he/she in fact knew if it belonged to anyone else.

Recently, the United States Supreme Court has agreed to decide a case that addresses this issue.

Several times now, we have heard from clients in and around Jacksonville, Florida who have been arrested for the crime of theft at a department store that they have received letters threatening them with civil and/or criminal action if they do not pay money, often at least $200, to the department store within thirty days. Is this proper? We do not think it is the way these letters are worded. In fact, depending on the way the letter is worded, it may be illegal.

For example, we had a recent client who was arrested for allegedly stealing a shirt from a large, national department store with a couple of locations in Jacksonville, Florida. The shirt in question was returned to the department store undamaged immediately upon the arrest. Within a couple weeks of her arrest for petit theft, she received a letter from the loss prevention department of that store saying that "[o]nce liability is established under said statute, the retailer has ' . . . a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200 . . . .'" The letter goes on to demand $200 within thirty days from our client or face further legal action.

The statute the letter refers to is Florida Statutes, § 772.11. That statute does give department stores and others who have been the victim of theft crimes a right to civil action against the people who committed those crimes. However, what the statute requires and what is not mentioned in the letter these department stores send out is that the department store has to prove not just liability but also some injury. In other words, the department store has to prove that a person committed the theft AND ALSO that the store was damaged by the theft.

In most cases, people who commit theft, or shoplifting, at these stores are caught in the store or just outside of the store. In most cases, the merchandise is found with the offender and returned to the store in the same condition in which it was taken. In those cases, what damage or injury does the department store suffer? We would say that under the relevant statute, the department store suffers no injury and has no right to collect $200 or any amount from anyone arrested for theft or shoplifting. Of course, the letters the department stores send out conveniently omit this injury requirement.

What do we think the department stores are doing? We think they are sending this misleading and threatening letter to anyone arrested for theft or shoplifting in their stores, regardless of whether there is a legitimate basis for doing so, assuming a certain percentage of recipients will pay. We also suspect that many people are paying these requested amounts because of the threatening language used in the letters. However, before paying any amounts to a department store based on this kind of letter, you should understand your rights and determine whether this request for money is legitimate, or even legal. One other question I would raise is whether paying the amount requested could be used against a criminal defendant in court as an admission of guilt. This is one more reason to talk to a lawyer who understands these issues before responding to any such letter.

According to the Florida Attorney General's Office, this week is Identity Theft Week in Florida and throughout the country. The purpose of Identity Theft Week is to raise awareness as to the various ways people are at risk of having their identities and financial information stolen. As the Internet and other technology have become more popular, thieves have come up with numerous ways to try to learn identification and financial information from unsuspecting victims.

For instance, as the Florida Attorney General's website notes, "phishing" is a common way thieves try to get people to provide their identification and financial information. Phishing is the process by which a thief will send out mass emails to people that appear to come from legitimate entities like a bank, credit card company or retailer. The email may say that there is a problem with the person's bank account or credit card and request certain information that would allow the thief to access financial information.

Banks and credit card companies do not request such information via email. If you have received an email asking for any information that could lead to access to your financial information (such as a social security number, date of birth, credit card number, PIN), you can call the Florida Attorney General's Office at 1.866.966.7226 to report the incident and help determine if a communication is valid.

Credit card theft/fraud is a crime that is increasing throughout Jacksonville, Florida and the entire country. As people become more proficient with computers and the Internet, those with criminal intentions are finding ways to misappropriate credit card numbers and other financial accounts. As high tech credit card thefts is increasing, so are more low tech attempts to commit credit card theft.

For instance, one type of credit card theft called shaving is becoming increasingly popular. This type of credit card theft involves a thief trying different combinations of 16 digit numbers until he/she finds one that matches a valid credit card account. The match can be verified by initiating a credit card purchase on the Internet or over the phone. Once the thief finds a valid credit card number, he/she will obtain an old, expired credit card and shave off the numbers. The new, valid numbers are then glued on to the card. The thief then damages the magnetic strip on the credit card so the store clerk has to manually enter the new credit card numbers into the credit card machine, and the purchase goes through.

This is not the smoothest way to commit credit card theft, but it is apparently working, particularly in stores that have a high volume of customers with young store clerks who do not take the time to inspect a credit card when it is presented. Surely, most of us could identify one of these altered cards if we took the time to look at it, but consider that many store clerks do not pay attention to a credit card other than to briefly determine whether it has a signature.

The danger to victims of this type of credit card theft crime is that a victim may not know his/her credit card account has been accessed until weeks or months after the crime because his/her credit cards are safely in a wallet or purse. This is why it is very important for people to carefully review the monthly credit card statement to see if there are any unauthorized charges. It is also important for store clerks to inspect credit cards before completing the transaction, particularly when the magnetic strip is not working and the card cannot be scanned.

Two mothers were recently arrested in Clay County, Florida for the crime of shoplifting for allegedly using their children to hide clothing, according to an article on News4jax.com. In a prior post, I discussed the various signs police and loss prevention officers look for to detect shoplifters. One of those signs is entering the store with something that can be used to conceal and steal merchandise. Common examples include loose clothing, large shopping bags and strollers, but anything that can be used to conceal items can bring a shopper to the attention of the authorities.