Legal Writing Professor
Budweiser’s new commercial has a strong message. The next time you go out, be sure to make a plan to get home safely; your furry friends are counting on you! Drink responsibly. #FriendsAreWaiting
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
In Florida, theft statutes provide different definitions of “value” depending on the type of theft involved. Theft of retail merchandise is prosecuted under the general theft statute found in Florida Statute 812.014, but is subject to the definitions of the specific retail theft statute found in Florida Statute 812.015.
The general theft provisions of Florida Statute 812.014 (and its definition section in Florida Statute 812.012), define the “value” of the stolen property as the market value of the property, or the cost of replacement of the property .
However, the retail theft provisions of Florida Statute 812.015, define the “value” of the stolen property as the sale price of the merchandise.
Therefore, in retail theft cases, the actual market value of the retail merchandise is not the price used in prosecution. Instead, it is the “sale price” as indicated on the price tag. That sale price will determine the degree of a retail theft offense. Retail theft is a second degree misdemeanor if the “sale price” is under $100.00 (punishable by up to 60 days in jail), a first degree misdemeanor if the “sale price” was between $100.00 and $300.00 (punishable by up to one year in jail), and it is a third degree felony when the “sale price” is over $300 (punishable by up to 5 years in Florida State Prison). Retail theft can also be charged as a second degree felony if it is a second offense (punishable by up to 15 years in Florida State Prison).
Another important distinguishing factor in retail theft cases is the fact that the prosecutor will have an easier time introducing evidence of the value of the merchandise during a trial. For example, if a defendant steals a pair of shoes from a store and the price tag says the shoes cost $100, the State Attorney will be able to use that price tag to establish the price during trial. However, if someone paid $100 for that same pair of shoes, and another person stole the shoes from the person instead of the store, the State Attorney would not be able to use the price tag at trial. Instead, the State would have to try to introduce evidence of the market value by having the victim testify what he paid for the shoes and the condition of the shoes when they were stolen.
Anyone who is arrested for a theft crime in Palm Beach County should contact a Palm Beach Criminal Defense attorney who understands the differences between the various theft charges and can explain the potential ramifications or outcomes of the criminal charge.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
A West Palm Beach man was apparently arrested this morning after a March incident where he pointed a gun and threatened to shoot a drive-through worker at Checkers if the employee did not give the man a hamburger.
The defendant allegedly placed an order at the speaker box of Checkers, and pulled up to the window to pay for his order. The defendant attempted to place a second order while at the window, and was informed that he would have to drive back to the speaker box to place the additional order. This apparently enraged the defendant, who then pulled out a gun and threatened to shoot. He ultimately drove away without firing and was arrested after police officers found a vehicle with a tag matching the description of the gunman’s car. He has been charged with aggravated assault.
As discussed in my previous article, aggravated assault is a third degree felony in the State of Florida, punishable by up to five years in Florida State Prison. Florida Statute 784.021 defines aggravated assault as an assault (which is a threat to do violence to another person combined with an apparent ability to carry out the threat and doing some act that creates fear of imminent violence) with a deadly weapon (such as a gun) without intent to kill, or with the intent to commit a felony.
However, under Florida’s 10-20-Life Statute (Florida Statute 775.087), there is a minimum mandatory sentence of three (3) years Florida State Prison for a person who is convicted of aggravated assault if the person possessed a “firearm” during the assault, even if the person did not fire the weapon. Discharging a firearm would result in even more mandatory prison time.
Aggravated Assault is a serious crime in the State of Florida; even more so when it involves a firearm. A simple moment of anger could turn into serious prison time when a gun is involved. Anyone facing felony charges of aggravated assault with a firearm in Palm Beach County, Florida, should speak with a Palm Beach County Criminal Defense Attorney.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
One of the most common observations made by officers during a DUI stop is that the driver was weaving in his or her lane.
However, when officers make this observation, they are often following behind a driver. The “normal” response for a driver who is being followed by a police officer is to become nervous and anxious. Even people who have done nothing wrong find themselves double checking their mirrors and slowing down when they become aware that a marked police vehicle is behind them. The longer the officer follows, the more nervous a person typically becomes; the more nervous a person grows, the more that person checks his mirror, taking his eyes of the road, and drifting in his lane.
Undoubtedly, the result is weaving, drifting, and attempts at correction, which can create the appearance that the driver is under the influence of alcohol. Meanwhile, the police officer has most likely been recording the entire incident on his in-car camera, capturing what he believes to be evidence of a drunk driver to present in court later.
A police officer needs reasonable suspicion to stop a driver for a DUI investigation. Interestingly, in the scenario above, the police officer’s own act of driving behind the vehicle has caused driver’s actions, which then give the police officer reasonable suspicion to believe that a DUI is being committed. After all, erratic actions, weaving within a lane, and varying speeds are actual indicators that someone is under the influence.
If a driver has been pulled over, now it is typical for the driver to become even more nervous. A person who has just been followed by a police officer, who has been exposed to the flashing lights and sirens, and who has been approached by an officer in full uniform may start sweating, stuttering, and appear flushed due to an increased heart rate. The person may fumble with his or her wallet when asked to present a driver’s license and proof of insurance. On top of this, the investigating officer likely already believes that driver is under the influence based on his or her driving pattern. So now, the officer notes bloodshot eyes as an indicator of impairment, when they could have simply been dry from the air conditioner, or tired from driving. If the person has had a drink, the “evidence” keeps piling on. Now there is an “odor of alcoholic beverage” on the driver’s breath, and an admission that the person was drinking if he responds to the police officer’s question of “have you been drinking tonight” with “I only had two drinks a couple of hours ago!”
At this point, the officer will typically ask a person to exit the vehicle and perform field sobriety exercises. A driver who does not know the exercises are voluntary may perform the exercises, perform poorly (maybe the driver naturally has poor balance, or an injury, combined with being anxious), and ultimately be placed under arrest for driving under the influence without even the results of a breathalyzer. If the person refuses to submit to a breath test, that refusal will be used as additional evidence against the person, and in a trial, the prosecutor will be able to argue that the driver refused the breath test because he “knew” the results would be above the limit (even if that wasn’t the reason for refusal).
Obviously, not all DUI arrests are a result of an encounter between a nervous person and an overzealous police officer. However, many of the standard “indicators of impairment” can be created in the scenario described above and cause the arrest of a person who was not actually under the influence to the extent his or her normal faculties were impaired.
There are many defenses to a DUI charge, and anyone who is facing a DUI in Palm Beach County should contact a Palm Beach Criminal Defense Attorney to discuss his or her potential defenses.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
With Florida’s new legislation legalizing specific forms of medical marijuana (a further description can be found here and here), the War on Drugs in the US has been a popular topic of discussion.
In 2012 alone, 749,825 people were charged with marijuana charges, and of those, approximately 88 percent of the charges (658,231 people) were simple possession arrests. More Drug War Statistics can be found here: Drug War Statistics.
If marijuana is further legalized in Florida by way of the broader spectrum medical use as placed on the November 2014 election ballot, it will be interesting to see the effect it will have on the Florida criminal justice system. Drug charges are heavily prosecuted in the State of Florida, including Palm Beach County, and often, prosecutors are able to add additional charges, such as weapons charges, after a search based on marijuana reveals evidence of additional crimes. Florida police officers often make arrests that stem from the odor of marijuana. For example, a simple traffic stop for speeding could turn into a vehicle search based upon the odor of marijuana and result in criminal charges. A simple knock and talk could turn into a full house search if the police arrive, smell the odor of marijuana, and obtain a warrant. If Florida ultimately legalizes marijuana, it may be much more difficult for police officers to make arrests and search suspects based on the odor of marijuana alone.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Casey Reiter 