Recently in Petit Theft Category

September 5, 2009

Tampa Firefighter Charged with Grand Theft after Selling Equipment

truck.jpgAuthorities arrested a Tampa Fire and Rescue employee after he allegedly sold goods belonging to the department on the internet. Tampa Police have charged the defendant, 30-year old Wisman Figueroa II, with grand theft. Figueroa has confessed to selling over $11,000 worth of firefighter helmets, pants, jackets, decals, badges and other equipment on the popular bidding website, EBay.

Police arrested the defendant on the crime of grand theft. He posted $2,000 bond and is currently awaiting trial outside of jail. There is no information on what administrative penalties Figueroa will face from the Tampa Fire and Rescue Department.

Pursuant to Florida statute 812.014, State law defines the crime of grand theft as the unlawful taking of the property belonging to another valued at over $300. Florida Grand theft is considered a third degree felony. However, if the stolen property has a value of under $300 then it is considered a misdemeanor petit theft charge. Figueroa could be issued a maximum sentence of five years behind bars if he is convicted on all charges.

 

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July 23, 2009

Tampa Petit Theft Lead to Mother's Arrest on Battery on a Law Enforcement Officer

mom.jpgManatee County, Florida. Wal-Mart Loss Prevention Officers allegedly witnessed the suspect, 21-year old James Slaughter, remove a video game from its packaging and conceal it within his clothes. The Loss Prevention Officers contacted the sheriff's office out of fear that the suspect would flee upon confrontation. Multiple deputies responded to the scene with a K-9 unit. Slaughter passed all points of sale without making an attempt to purchase the concealed video game.

The Deputies approached the suspect in the store parking lot and then he attempted to flee. The dog bit him in the buttocks and leg. The 21-year old Defendant was arrested and charged with a misdemeanor petit theft.

During the chaotic chase and dog bite, the mother of the suspect, 41-year old Cathy Slaughter, jumped to her son's rescue. Mother Slaughter allegedly tried pulling the dog and deputies away from her son, including shoving a deputy in the process. The Deputies then pounced on the Mother and arrested her on charges of felony Battery on a Law Enforcement Officer.

This concerned parent now faces a serious criminal charge and a maximum sentence of five years in prison if she is convicted. Her son faces a maximum sentence of one year in jail, if he is convicted on the petit theft charges.

I do not represent the Slaughters, nor do I possess information that would jeopardize attorney/client privileges. I do know that Florida law is complicated and being charged with a crime is a scary circumstance. If you have been charged with a misdemeanor or felony crime, contact a knowledgeable Tampa Criminal Defense Lawyer to fight the charges against you. My firm of Tampa Criminal Defense Attorneys has over 100 years of combined experience and is ready to challenge the Court system on your behalf. Remember, you are innocent until proven guilty in a Court of Law.

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May 25, 2009

Computer Crime in Highlands County

As the capabilities of the internet have grown, and especially as the number of people using the internet on a day-to-day basis has skyrocketed, internet-based crimes have also risen. Most involve fraud and seek to steal money from the victim. Famously, there are email scams, like the emails purporting to be from people in Nigeria who can help the reader obtain thousands of dollars that a "relative" allegedly left behind - for a fee. Others, however, are far more subtle - but nonetheless criminal.

More and more, Floridians are using the internet for financial transactions, such as online shopping, banking, and even e-filing taxes. Unfortunately, this has created new avenues for credit card fraud and other crimes. Recently, a Tampa bay area woman was the victim of such a crime, which was perpetrated by a man whom she trusted and considered to be a friend. The crime occurred when the less tech-savvy victim allowed her friend to "help" her file her tax return.

William Alston Clarke, who is 25 and resides in Sebring, faces charges for committing a computer crime with the intent to defraud and attempting to use another person's identification without consent. According to police, Clarke was "helping" his friend e-file her tax return in January. Clarke had access to the victim's financial information, including her W-2 forms, bank account and routing numbers, and Social Security number. He was entrusted with the task of setting up a direct deposit refund for about $1,500 - which he allegedly did, filling in his own bank account numbers. A deposit of the exact amount of the refund due to the victim was subsequently made into his checking account. He has been released on a $6,000 bond.

Checkbook Pictures, Images and Photos

If you have been arrested for a computer crime or fraud in the Tampa bay area, contact the criminal defense attorneys of Musca Law to discuss your legal rights.

 

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April 21, 2009

Theft - Not Just Tangible Items

The theft of cable television and satellite services has been in the Tampa Bay limelight recently after an area man was arrested and charged with such a theft. The State Attorney's Office alleges that Sergio Soto, 36, who resides in Avon Park, stole close to $8,000 worth of services from DirecTV, which provides satellite television around the country. At the time of the theft, which allegedly occurred between August 2006 and August 2007, Soto was employed as a subcontractor who performed assignments for DirecTV. He allegedly used a different user's personal account information in order to access the system for his own benefit. He has been charged under Florida law with the fraudulent interception of communications and fraudulently obtaining property valued at $300 or higher.

Comcast, the cable television service provider, estimates that cable theft costs the cable industry about six billion dollars every year - and the problem continues to grow. DirecTV, however, maintains that they have succeeded in eradicating theft of their satellite television products with new technology. Through the invention of a smart card device, which is associated directly with each individual user, the company believes it has stamped out theft. The card, which is also known as an access card, resembles a credit card in its dimensions. It allows the satellite subscriber to access the services he or she purchases and is able to read the encoded signals transmitted to that user. Whether the smart card technology will ever successfully be evaded by tech-savvy thieves, however, remains to be seen in the years to come.

O.J. Simpson was famously sued for satellite television theft. The former professional football star was ordered to pay DirecTV $25,000 in compensation for his theft, in addition to the company's legal fees and other associated costs. Although similar civil lawsuits for cable signal theft are on the rise, criminal prosecution for such activities remains minimal.


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April 9, 2009

Law Enforcement Convention Theft

The Tampa Bay area hosted a law enforcement conference this week at the Marriott Waterside Hotel and Marina. The Federal Bureau of Investigation's Law Enforcement Executive Development Conference drew police officials from throughout the country, as well as a variety of vendors selling wares targeted at the law enforcement community.

When one of the vendors reported that some of its merchandise had gone missing, Tampa police were surprised. After all, who would steal t-shirts and jackets emblazoned with the conference logo from a location crawling with police? Apparently, the answer is one of their own.

The Tampa police department reviewed surveillance films taken overnight at the conference after the vendor reported the stolen items. What they found surprised them: images of Jim Spencer, 60, taking items from the vendor.

Spencer is a civilian reserve officer, who is reportedly well-liked and respected within the agency. He did not have a disciplinary record with the agency, but was relieved of his duties and is facing criminal charges in connection with the theft. Spencer's colleagues said that he typically volunteers about 12 hours each month in addition to his regular duties.

"It's just an enormous embarrassment and disappointment to the department, and not representative of the other men and women working here," Tampa police spokesperson Laura McElroy told reporters. The police chief personally apologized to the vendor for the problem. Additionally, Spencer has been contrite and immediately returned the stolen goods when confronted. "He was very apologetic," Elroy said of Spencer's demeanor after his police interview about the stolen goods.

Tampa police are continuing to review all segments of the film, because they believe that additional items were stolen by another culprit. Spencer took several items while working at the conference overnight, but it was not clear when the other merchandise disappeared.

If you have been arrested of a theft crime in Tampa or elsewhere in Florida, contact the criminal defense lawyers at Musca Law to begin working on an aggressive defense.

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April 2, 2009

Property Crimes - Hillsborough County, FL

The term property crime encompasses a wide range of criminal activity. The prosecution must prove each necessary part of the crime in order to convict the defendant.

Traditionally, burglary was a crime that could only occur at night. More complicated than simply trespassing, the would-be burglar had to actually break into another person's home between sundown and dawn intending to commit a felony within the home - such as a large-scale theft, arson, or sexual battery. Now, Florida and most other states have expanded the definition of burglary to include crimes that take place during the daylight. The building or structure does not even necessarily need to be a home. For instance, a boat could be burglarized. However, a building that is open to the public, like a grocery store during business hours, cannot be the subject of a burglary. Also, the offense the burglar seeks to commit can be any offense and need not be a serious felony if he enters secretly; if he intends to commit certain felonies, his entry can be blatant. Florida classifies burglary as a felony, although punishment varies depending on factors such as whether the building was occupied and if the burglar was armed.

Theft is the most common type of property crime. Shoplifting goods from a store is a particular type of theft. These crimes are punishable by the worth of the items or money stolen. Usually, this is determined by the actual amount of cash taken or the monetary value of the goods, but certain items receive particularized treatment. The taking of a will, although it is not generally worth large sums of money alone, is considered a grand theft due to the importance of having the true wishes of a deceased person carried out. Similarly, stealing a gun, a fire extinguisher, stop signs, and certain construction site signage are also felonies under Florida law.

Arson is an exceptionally notorious property crime. It occurs when a person purposely sets fire to a home or any other building that he should have reasonably believed to be occupied, such as an office building during business hours. Arson also applies when the fire is not set intentionally, but occurs when committing another felony, such as armed robbery. Arson is a first-degree felony in Florida, punishable by up to 30 years in prison.

If you have been arrested in Tampa for any property crime or other offense, contact the criminal defense lawyers as Musca Law as soon as possible for a consultation regarding the specific facts of your case.
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March 9, 2009

Petit Theft: Charge Dismissed! Hillsborough County, FL.

A 22 year old woman made a bad choice while shopping at Macy's Department Store with her friend. The two women entered the fitting room with a pair of black shorts and a Victoria Secret bag. A loss prevention employee took notice of the two women leaving the fitting room with the shorts hidden in the Victoria Secret bag. They exited the store, passing all points of sale without paying for the merchandise. The Hillsborough County Sherriff arrested the women and charged them with One Count, Petit Theft under Fla. Statute 812.014 (3)(a).

Retail theft is one of the most common types of theft.  If the value of stolen goods is under $300, the State charges it as a misdemeanor. A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or benefit from the property. If convicted, the defendant may receive fines up to $500 and, or, up to 60 days in jail.

At the time, the accused woman was unemployed and looking for work. Having an arrest record would make it even more difficult for her to secure employment in poor economic times. She turned to the experienced Tampa criminal defense lawyers at Musca Law to help her avoid these consequences. With over 100 years of combined legal experience, our firm understands the local court system and defends people against criminal theft charges with aggressive determination.

The client was a first time offender and had never been in trouble with the law before. We used this fact to convince the State prosecutor to dismiss our client's case and put her in an intervention program available to first time offenders. By successfully completing the program the charge of Petit Theft against our client was dropped.

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