West Palm Beach Criminal Lawyer Blog : Ronald Chapman: West Palm Beach Criminal Lawyer | Florida Criminal Attorney: DUI, Assault & Battery, Felonies | Criminal Law Firm

        According to Florida statute section 812.014, it is a third-degree felony in Florida for a person to steal property that is valued at $300.00 or more but less than $5,000.00.  Although this law is perfectly straightforward, prosecutors sometimes have trouble actually proving that the stolen property had a value of at least $300.00 on the date it was stolen.

        For example, in the case of Sellers v. State of Florida, the victim testified that the stolen property was “ 'probably about $500' then stated that including the clothing (that was also stolen), it was 'at least $800 and probably more . . . probably add another $100 on top of that.' She admitted that she did not 'itemize all the clothing' that she was valuing at $400."

        The court of appeal ruled that such evidence "was insufficient to prove the value of the property in this case because the value was estimated and no other proof was presented."  The court went on to say that "[t]he victim's testimony was an approximation at best, and the [prosecutor] also failed to elicit any testimony as to the condition of the property at the time of the theft, thereby failing to establish the total market value of the items taken."

        If you have been charged with grand theft and are planning on taking your case to trial, be especially mindful of whether or not the prosecutor can actually prove the value of the property that you are accused of having stolen.

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        When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress.  As long as the probation officer is simply supervising a specific, judge-ordered condition of probation, all is well.  However, problems arise whenever a judge delegates authority to a probation officer to impose what amounts to additional conditions of probation.

        That is precisely what occurred in the case of Carter v. State of Florida.  In that particular case, the judge ordered the following:  "As directed by your Officer, you will enroll in, regularly attend, and successfully complete, such programs as are reasonably related to your past and future criminality, or the rehabilitative purposes of probation; including but not limited to alcohol and drug treatment and counseling, mental health counseling, vocation and education courses, rehabilitation programs, evaluation and therapy."

        On appeal, Mr. Carter successfully argued that allowing his probation officer to select the appropriate rehabilitative programs he should attend amounted to an improper delegation of authority by the judge to the probation officer.  In agreeing with him, the appellate court stated that the judge "[did] not simply grant to the probation officer authority to supervise or direct a specific condition of probation . . . .  Rather, [the judge allowed] the probation officer to actually impose a wide variety of programs related to rehabilitation . . . ."

        If you are on probation and believe that your probation officer is exceeding his or her authority, you may need to consult a criminal-defense attorney in order to find out whether or not you are correct.  If you are, in fact, correct, your lawyer will probably have to file a motion with the court asking the judge to modify the illegal condition of probation.

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        Anyone who is a registered sex offender or a registered sexual predator in Florida should read Florida statute section 943.04354 which is entitled "Removal of the requirement to register as a sexual offender or sexual predator in special circumstances."

        This statute states in part that "a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:

(a) Was or will be convicted or adjudicated delinquent of a violation of s. 794.011 or s. 800.04, or the person committed a violation of s. 794.011 or s. 800.04 for which adjudication of guilt was or will be withheld, and the person does not have any other conviction, adjudication of delinquency, or withhold of adjudication of guilt for a violation of s. 794.011 or s. 800.04;

(b) Is required to register as a sexual offender or sexual predator solely on the basis of this violation; and

(c) Is not more than 4 years older than the victim of this violation who was 14 years of age or older but not more than 17 years of age at the time the person committed this violation."

        Section 943.04354 further describes how people who committed their offenses before July 1, 2007 can also avoid having to register as a sexual offender or predator.

        Because the registration requirements for sexual offenders and predators are so intrusive and burdensome here in Florida, any sex offender or sexual predator who can lawfully avoid such requirements should certainly try to do so.

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        Florida statute section 948.08 and section 948.16 pertain to what are called "pretrial intervention programs."  If someone has been charged with a crime in Florida and he is permitted to enter a pretrial intervention program (or "PTI"), the charge against that person is eventually dropped if the individual successfully completes the program.

        Florida statute section 948.08 states in part that "[a]ny first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender."  This section further provides that "a person who is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence . . . and who has not previously been convicted of a felony nor been admitted to a felony pretrial program referred to in this section is eligible for voluntary admission into a pretrial substance abuse education and treatment intervention program . . . ."

        Florida statute section 948.16 states in part that "[a] person who is charged with a misdemeanor for possession of a controlled substance or drug paraphernalia . . . and who has not previously been convicted of a felony nor been admitted to a pretrial program, is eligible for voluntary admission into a misdemeanor pretrial substance abuse education and treatment intervention program . . . ."

        Successfully completing a PTI program is one way of getting a criminal charge dropped without having to go through the stress of a trial.  It is important to understand, however, that just because a criminal charge has been dropped does not mean that is has been expunged.  Getting your criminal record expunged is an entirely different procedure that is described more fully in the section of this website entitled "Sealing Your Record."

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