Pinellas County Florida Criminal Lawyer Blog

It seems like there are alot of stories in the news lately about employees stealing from their employers - and the employers don't recognize it until the amount is so high that the person charged will almost never be able to pay the money back. Grand Theft is a felony and the amount of time you might be subject to prison, depends on how much money was stolen.

There's the secretary of the lawyer in Pasco County, Florida who stole from the lawyer's clients.  She's already paid back $20,000 of the $70,000 missing but the victims want another $7,500 from her or she'll go to prison.  Her's is a second degree felony, because the amount was under $100,000 but greater than $20,000. (St. Petersburg Times 4/28/11)

There's the book keeper of the jewelry store in Dade City, Florida who took $15,000 plus from the owners.  That's a felony of the 3rd degree punishable by up to five years in prison.(St. Petersburg Times 4/30/11)

And there's the CFO of the infomercial genius Tony Little's company who took almost $600,000. (St. Pete Times 4/28/11) The guy apparently had a gambling problem.  Because the amount of theft is so high - that is over $100,000, he is being charged with a first degree felony grand theft - which is punishable by 30 years in prison. 

Not only do grand theft charges subject you to long prison sentences, you'll always be responsible for paying back the money - even when you get out of prison.  Plus, the court has the discretion to suspend your driver's license. 

If you've been charged with grand theft,  you need a lawyer - CALL US. 

How does restitution work?  First of all, restitution is payment for whatever crime you may have committed.  For example, if you stole a car, in Florida, and wrecked it, you'll have to pay for the fair market value of the car.  That DOES NOT mean you have to pay for the car when it was new.  And it doesn't mean you have to pay more than whatever insurance covered.  If you stole and wrecked a 1990 Ford Escort, you'd have to pay whatever insurance didn't pay for the car, which usually means the $500 deductible the person had on their insurance. 

However, if the person didn't have insurance, you'll be responsible for the  amount the car was worth.  If you have a lawyer worth anything, they'll look at the Kelly Blue Book Kelly Blue Book and see how much the car was worth. 

That doesn't mean the victim won't come into court and say the car was worth $10,000 because they had new rims and a stereo - they will.  In my experience, victims always claim whatever was stolen is worth more than it actually is.  But remember, the legal standard is fair market value, and they can't double dip.  Meaning if insurance already paid them, you only have to pay the deductible.  And if you can't pay, the State of Florida has a  Victim's Crime Compensation Fund where victim's can apply for help.