People convicted of felonies in Florida often not only have to serve sentences but also usually lose certain rights and privileges, including the right to vote. As such, if they subsequently vote in a state or national election, they may be charged with additional crimes. Recently, a Florida court clarified which government agencies in Florida have the right to prosecute such offenses in a matter in which the state appealed the dismissal of charges related to voter fraud. If you are accused of a crime of fraud, it is smart to speak with a Clearwater fraud crime defense lawyer about your options.

Factual and Procedural Background

It is reported that the defendant was charged with providing a false affirmation on a voter registration application and voting as an unqualified elector. The charges stemmed from his conviction in 1989 for violating Florida Statutes, which caused him to lose his voting rights under the Florida Constitution. Despite not having his voting rights restored, the defendant submitted voter registration applications in 2019 and 2020, affirming on both that he was either not a convicted felon or that his voting rights had been restored.

Allegedly, the defendant subsequently voted by mail in the 2020 election. The Office of Statewide Prosecution (OSP) charged him with violating voter registration and voting laws. The defendant moved to dismiss the charges, arguing that the OSP lacked jurisdiction because the alleged crimes occurred solely in Broward County and did not affect two or more judicial circuits as required for OSP jurisdiction. The trial court agreed with the defendant and dismissed the charges, finding that the OSP did not have jurisdiction to prosecute the case. The state appealed.

The post Florida Court Examines Jurisdiction to Prosecute Cases appeared first on Clearwater Criminal Lawyer Blog.

The Procedural History of the Case

It is alleged that in January 2017, a grand jury indicted the defendant on three counts of fraud and identity theft in violation of federal law. The conduct out of which the indictment arose occurred from July 2015 through June 2016. The court issued an arrest warrant in January 2017, and one month later, the warrant was transferred to fugitive status.

Reportedly, the defendant was arrested in February 2021 in her clothing store, and she was arraigned shortly thereafter. In March 2021, she filed a motion for dismissal of her indictment on the grounds that her Sixth Amendment right to a speedy trial was violated. After reviewing the facts of the case, the court granted the motion.

Proving a Violation of a Defendant’s Right to a Speedy Trial

The Sixth Amendment to the United States Constitution provides that, in all criminal matters, an individual accused of a crime has the right to a public and speedy trial. The court explained that the Sixth Amendment right to a speedy trial arises when a defendant is arrested, indicted, or is otherwise officially accused of a crime and continues until the date of trial.

The court noted, therefore, that the Government has a constitutional duty to make a good-faith, diligent effort to find and apprehend a defendant and bring him or her to trial. The courts conduct a balancing test to determine whether the right to a speedy trial has been violated. Specifically, the courts will look at the length of and reason for the delay, the defendant’s assertion of the right to a speedy trial, and the prejudice the defendant suffered due to the delay.

If the delay is long enough to be presumptively prejudicial, it will trigger an analysis of the other facts. A delay that lasts longer than a year is presumed to be prejudicial. Here, the court found that the factors weighed in favor of dismissal of the case. Thus, it granted the defendant’s motion.

Speak to a Trusted Clearwater Attorney

Criminal defendants have a right to be tried in a timely fashion, and if they are not, it could provide grounds for a dismissal of the charges against them. If you are accused of fraud or any other criminal offense, it is advisable to speak to an attorney about your potential defenses as soon as possible. William Hanlon of Hanlon Law is a trusted Clearwater criminal defense attorney who can advise you of your options and help you seek the best outcome available under the facts of your case. You can reach Mr. Hanlon through the online form or by calling 727-897-5413 to schedule a conference.

The post Florida Court Discusses the Sixth Amendment Right to a Speedy Trial appeared first on Clearwater Criminal Lawyer Blog.

The trial judge denied Defendant’s motion for acquittal. He was eventually convicted and sentenced to three years in prison and another two years of probation. Defendant later appealed the conviction.

Reversing the conviction on appeal, the First District said the prosecutors didn’t prove every element of the scheme to defraud charge. That charge—also often referred to as “organized fraud” —requires among other elements that prosecutors establish an “intent to defraud, or intent to obtain property by false or fraudulent pretenses, representations, or promises, or willful misrepresentations of a future act,” the court explained. The prosecutors didn’t prove that intent in this case, the court said, because Defendant never claimed that the stolen property was his.

“He openly walked out the front door with the stolen goods each time,” the court explained. “And no case has been cited to us that shoplifting, even repeatedly, is a scheme to defraud.”

Instead, the court said the prosecutors should have charged Defendant with theft. Because they didn’t do so, the First District reversed the conviction and remanded the case back to the trial court for additional proceedings. It explained that petit theft and grand theft are “lesser included offenses” that don’t require a misrepresentation or intent to defraud.

If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater criminal defense attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of crimes. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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The post Shoplifting at Florida Wal-Mart Doesn’t Justify Fraud Charge, Court Says appeared first on Clearwater Criminal Lawyer Blog.

“PIM, in fact, was a scam,” the Eleventh Circuit said. The Rum Cay land in which it said it was selling interests was actually owned by a Bahamian company “owned by a convicted felon and embroiled in litigation over title to the land.” PIM didn’t tell its investors about that piece of the puzzle, however, until after they transferred money. Investors never received title to the property, the court said, but the defendant gave exorbitant commissions to PIM salespersons and spent millions of dollars for his own benefits. He was eventually convicted and sentenced to more than 12 years in prison. He was also ordered to pay more than $8 million in restitution.

The defendant appealed the decision, arguing among other things that the prosecutors failed to show that he actually intended to defraud his victims. The Eleventh Circuit disagreed. The appeals panel explained that a “jury may infer an intent to defraud from the defendant’s conduct.” In this case, the court said there was ample evidence to show that the defendant had planned to swindle the investors.

“The jury could have inferred [his] criminal intent from his pattern of misrepresentations and omissions,” the court said. “The jury also could have inferred [his] criminal intent from evidence that none of PIM’s investors ever obtained title to the Rum Cay land and that [he] withdrew over a million dollars in cash from PIM’s accounts,” transferred millions more elsewhere, and used none of the money to improve the Rum Cay land.

As a result, the court upheld the defendant’s sentence.

If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater white collar crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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The post Criminal Intent in Florida Fraud Cases appeared first on Clearwater Criminal Lawyer Blog.

Before the beginning of the college football season, several star University of Florida players were suspended as the university investigated alleged misconduct. The status of the investigation changed this week after news outlets reported that nine members of the Gators team face at least 62 potential felony charges of credit card fraud.

The sworn complaint alleged that the players used borrowed or stolen credit cards in order to purchase electronics, some which were later resold on a secondary market. The alleged scheme involved the players adding money to their bookstore debit accounts and then using the extra money to make additional purchases. Moreover, the sworn complaint alleged that a stolen credit card was used to pay for rent in a Gainesville apartment complex.

Credit card fraud is a crime that has received increased attention from the Florida legislature and as a result has changed in recent years. Florida Statute Section 817.61 criminalizes the fraudulent use of credit cards. As a specific intent crime, the prosecution must show that a person accused of credit card fraud intentionally used a credit card obtained through illicit means to obtain money, goods, services, or anything else of value. The law also includes a timing component. For instance, if a person, in a six-month period, commits credit card fraud two or fewer times or uses the card for anything valued at less than $100, such a person is eligible for misdemeanor larceny. However, if a person, in a six-month period, commits credit card fraud more than two times or uses such a card for anything valued at $100 or more, the person is eligible for felony grand larceny.

As mentioned above, the Florida law requires an intent to defraud a merchant at the time of a transaction. There are many potential defenses to this sort of crime. For instance, if a person acknowledges to a merchant that they are not the cardholder but that they intend to pay the owner of the credit card back, this might serve as a strong defense to credit card fraud under Florida law.

Time is of the essence in defending a credit card fraud or other fraud case. By obtaining the services of a knowledgeable criminal attorney like Will Hanlon at Hanlon Law early in the process, or even before an arrest or charge, you can increase the chances of successfully defending yourself in court. For an appointment to discuss a criminal matter arising in St. Petersburg, call us now at 727-897-5413 or contact us online.

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Florida Gun Crime Decision Discusses Meaning of “Possessing” a Firearm, Clearwater Criminal Lawyer Blog, August 31, 2017

The post Nine Members of the Florida Gators Football Team Face Credit Card Fraud Allegations appeared first on Clearwater Criminal Lawyer Blog.