Facts and Procedure of the Case

It is reported that the defendant was charged with multiple crimes arising out of the theft of a vehicle and the burglary of a dwelling. He entered an open guilty plea, after which he was convicted of the charged offenses. He received a prison sentence of 35 years, followed by 16 years of probation. He then appealed.

The Right to Judicial Review in Juvenile Cases

The defendant raised multiple grounds on appeal. The court rejected each of his arguments in turn but remanded the matter for two specific purposes. First, the court noted that the trial court must enter a written order that allows for the judicial review of the defendant’s sentence after twenty years, as required by the Florida Statutes. Although the topic of judicial review was discussed during the sentencing hearing, the court failed to provide a written order to that effect. Therefore, the court held that it was necessary for the trial court to rectify this omission by issuing a written order.

Secondly, the court clarified that it required a remand for the purpose of correcting or clarifying the written cost orders pertaining to the defendant. The charges in this case stemmed from two separate cases, and during the original sentencing hearing, the trial court imposed “standard court costs” for both cases.

The subsequent written orders, though, included specific public defender fees of $500 in one case and $400 in the other. In response to the defendant’s motion to correct sentencing errors, the State indicated no objection to reducing the public defender fees to $100 in each case. Consequently, during the resentencing hearing, the trial court orally imposed “standard court costs” along with a $100 public defender fee.

Unfortunately, the written cost orders did not accurately reflect the oral pronouncement, as they indicated additional fees on top of the previously imposed costs. To align the written orders with the oral pronouncement, the court held a remand was necessary for the clarification or correction of the written cost orders.

Talk to a Trusted Florida Criminal Defense Attorney

An adjudication of delinquency can alter the trajectory of a minor’s life. As such, it is important for anyone charged with crimes as a juvenile to speak to an attorney as soon as possible. The trusted St. Petersburg criminal defense lawyers of Hanlon Law have ample experience defending minors and young adults, and if you are a juvenile charged with a crime, we can aid you in seeking the best legal outcome possible. You can reach us at 727-897-5413 or through the form online to set up a conference.

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Procedural History of the Case

It is alleged that the defendant was indicted for multiple counts of fraud and receiving healthcare kickbacks in violation of federal law. She entered into a plea agreement for one of the counts and was sentenced to eighteen months in prison, followed by three years of supervised release. She began serving her sentence in October 2021 after delaying her surrender date on multiple occasions. She then moved for compassionate release due to the risk of contracting COVID-19 during her incarceration. The government filed a response in opposition to her motion. The court ultimately denied her request.

Grounds for Granting Compassionate Release

While the court noted that the defendant exhausted her administrative remedies as required to seek such relief, it nonetheless found that compassionate release was not warranted for numerous reasons. First, the defendant had not shown that there were compelling and extraordinary reasons supporting her request.

The court explained that if an inmate suffers from a chronic medical condition that the CDC has stated creates an increased risk of becoming critically ill from COVID-19, the condition may constitute a compelling and extraordinary reason for granting a request for compassionate release. This is especially true for inmates that are over the age of 65. The defendant, though, did not suffer from any such conditions. While she had asthma, diabetes, and hypertension, she did not allege that any of her ailments were uncontrolled. Further, she was only 44.

Importantly, the court also stated that any concerns the defendant had about contracting COVID-19 or becoming severely ill if she did were mitigated by the fact that she was fully vaccinated against the virus. Based on the foregoing, the court found that the defendant had not demonstrated that she suffered from a medical condition that placed her at high risk for becoming gravely ill from COVID-19, as required to warrant a compassionate release. Thus, it denied her request.

Speak to an Experienced Florida Criminal Defense Attorney About Your Rights

People convicted of theft crimes may be sentenced to months or years in prison, but in some cases, there may be grounds for arguing their sentence should be reduced.  If you are accused of a theft offense or any other crime, it is prudent to speak with an attorney about your rights. The experienced St. Petersburg criminal defense attorneys of Hanlon Law are adept at helping people charged with crimes fight to protect their interests, and if you hire us, we will work tirelessly on your behalf. You can contact us at 727-897-5413 or through the form online to set up a conference.

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In T.A.K. v. Florida, a recent case arising out of a Florida Court of Appeals, the court held that hiding from the police in a stolen car is insufficient evidence to prove the defendant knew the car was stolen. If you are a juvenile facing criminal charges in St. Petersburg, it is essential that your attorney understands the state’s burden in proving its case against you to help you prepare a strong defense.

Factual Scenario

Allegedly, the owner of a car reported her car was missing and denied giving anyone else permission to take her car. The police tracked down the car to a nearby apartment building. When the officers first saw the car, they observed a man reclining in the driver’s seat. They did not notice any movement in the car or see anyone leave the car. When the officers approached the car, they opened the passenger door and saw only a man in the passenger seat. The police officers then opened the driver’s side door and noticed the defendant on the floor in the back of the vehicle, in between the front and back seats. The defendant was subsequently charged with trespass in an unoccupied conveyance. At the close of the state’s case, the defendant moved for the dismissal of the charges against him, on the grounds the state failed to show he knew or should have known the car was stolen. The court denied the defendant’s motion and he was convicted of the charges and placed on juvenile probation. The defendant subsequently appealed.

Elements of the Offense of Trespass

On appeal, the court held the trial court erred in denying the defendant’s motion to dismiss the charges against him. The court explained that to prove trespass of a conveyance, such as a stolen car, the state is required to prove that the trespass is willful. To show a trespass is willful, the police must prove that the person in the car at the time it is recovered by the police knew or should have known the car was stolen. The court further explained that evidence that a person in a stolen car fled from the police is insufficient in and of itself to prove knowledge the car is stolen. The court found no real distinction between fleeing from the police and hiding in the back of a car, and therefore, found that the fact that the defendant was hiding was insufficient to prove the defendant knew or should have known the car was stolen.

Meet with an Experienced St. Petersburg Defense Attorney

If you are a juvenile accused of a crime in St. Petersburg, you should consult a criminal defense attorney experienced in representing juvenile suspects to assist you in formulating a defense. Attorney William Hanlon of Hanlon Law is adept at defending St. Petersburg residents charged with crimes and will work diligently to help you obtain a successful result. Contact our offices at 727-897-5413 or via the online form to set up a meeting.

More Blog Posts:

Florida Defendant Appeals Police Chase Conviction November 4, 2018, St. Petersburg Sex Crimes Lawyer Blog

Court: Florida Prosecutors Can’t Cut Juror Based on Religion April 9, 2018, St. Petersburg Sex Crimes Blog

Grand Theft Auto Conviction Overturned for Florida Bail Bondsman October 9, 2017, St. Petersburg Sex Crimes Blog

The post Florida Court Holds that Evidence a Defendant Hid from Police in a Stolen Car is Insufficient to Prove the Defendant Knew the Car Was Stolen appeared first on St. Petersburg Criminal Lawyer Blog.

The crime of theft is a specific intent offense. Under Florida law, specific intent requires that the prosecution show that the defendant was aware that he or she was unlawfully taking another party’s property. In contrast, Florida courts have held that a person who takes possession of another party’s property with the good-faith belief that he or she has a right to the property lacks the specific intent to commit theft.

The court noted that the defendant re-possessed the vehicle in broad daylight and contacted police to report that he re-possessed the vehicle as a result of non-payment on the loan. The court rejected a statement made by the defendant that he would not return the vehicle even if its owner paid the amount past due. Reliance on that statement was improper because the analysis should fixate on the defendant’s intent at the time the dispossession occurred. The court could only identify one possible conclusion as to the defendant’s intent:  he took it as collateral for the unpaid loan. The court also ruled that the theft charge be dropped because it constituted a double jeopardy violation. As a result, the appeals court reversed the trial court’s decision with an order to vacate the convictions for grand theft auto and theft of property.

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