The punishment scheme for theft in Texas is relatively straight-forward by statute, which stair-steps from a Class C traffic level all the way up to a first degree felony. The statute says theft is:
"(1) a Class C misdemeanor if the value of the property stolen is less than:(A) $50; ...(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; ...
...(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; (4) a state jail felony if: (A) the value of the property stolen is $1,500 or more but less than $20,000, ... (C) the property stolen is a firearm, as defined by Section 46.01;(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft; (F) the value of the property stolen is less than $20,000 and the property stolen is:(i) aluminum;(ii) bronze; (iii) copper; or(iv) brass; (or if you steal from a grave);
(5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is: (6) a felony of the second degree if: (A) the value of the property stolen is $100,000 or more but less than $200,000; ... (7) a felony of the first degree if the value of the property stolen is $200,000 or more. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant;... (3) the owner of the property appropriated was at the time of the offense: (A) an elderly individual; or (B) a nonprofit organization. Thus, a public servant or someone stealing from the elderly will have their punishment bumped to a next higher level, even from a Class A misdemeanor to a felony. Thank you for reading all the way to the end of my blog.
If you or someone you know is being investigated or prosecuted for a crime, call Board Certified Criminal Law Specialist Micah Belden at 903-744-4252.
Theft by Texas (Part Four)
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Lewdness Charges Pending Against Utah Man Who’s Been Arrested for the Same Crime Before
A 70-year-old Vernal man was arrested for investigation of lewdness after a witness recorded on their cell phone the suspect allegedly performing a lewd act on himself. What Happened? Unfortunately, this is not the first time the man has been accused of lewdness. There have been some prior events for which he’s been found guilty […]
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Attention 2016 Prez candidates: new poll says 87% in Ohio support use of medical marijuana
One of many reasons I thought Colorado's 2012 vote to legalize marijuana was such a big deal is because the Mile High state is something of a swing state in the national race for President and thus all 2016 candidate...
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The NYC Comptroller Asserts His Authority
Scott StringerNewly elected NYC Comptroller Scott Stringer has just settled the false arrest and wrongful prosecution claims of David Ranta for $6.4 million. The number is not shocking, given that Ranta was incarcerated for 23 years as a result of the deliberate fabrication of evidence by NYPD Det. Louis Scarcella. What is surprising is that Stringer agreed to pay Ranta prior to the filing of a lawsuit and without the involvement of the Law Department. This is a seismic break with City policy and has triggered conflicting responses. But from a civil rights litigator's perspective, this was a sound decision and I hope to see more independence from the Comptroller.In New York City, the Law Department, headed by a mayoral appointee, handles all litigation against the City, once the action is filed. While the Comptroller -- an independently elected official -- has the final say over settlement amounts, negotiations are conducted through Law Department attorneys and plaintiffs' lawyers only speak with the Comptrollers' Office when we are trying to figure out why a check is being delayed. There is one exception, which is the period of time between the service of a notice of claim and the filing of the complaint. During that period, the Comptroller's Office is responsible for setting up examinations of the claimants and, if they choose, working out a pre-action settlement. This was the posture of David Ranta's claim when the Comptroller's Office agreed to pay him $6.4 million.This is the first time that I can think of where the Comptroller's Office has short circuited a substantial claim by paying it off without first letting the Law Department to slug it out with the plaintiff. To be sure, the Comptroller's Office readily settles pre-action cases, but these are uniformly small claims; civil rights claims with very short periods of detention or slip and fall cases with limited injuries. The kind of cases where both sides benefit by avoiding litigation.Not surprisingly, plaintiffs' lawyers stand behind this move, as indicated in this article in the New York Times. It is refreshing to see the City, having acknowledged liability -- Ranta was undeniably railroaded by a corrupt detective, as the Brooklyn District Attorney had admitted, and lost 23 years of his life as a result -- focus on working out a fair amount of compensation to right its wrong, and to do so promptly.But it has been argued that the City does itself a disservice when it responds to a case with probably liability by immediately opening it's checkbook. Historically, the City waits for the lawsuit to be filed and then allows the Law Department to handle the case. Under the Cardozo and Bloomberg regime, cases like these are bitterly contested at all stages (think, Central Park Five, the Stop and Frisk cases, the RNC litigation, as well as countless individual cases with significant damages but little public awareness).This litigation takes years and years and provides the City with two major benefits. By fighting every point along the way, the City can score some victories and plaintiffs understandably tire, and often find themselves compromising just to bring the emotionally exhausting process to an end. The possibility that plaintiffs will find some claims foreclosed or agree to cash out cheap is real, and this strategy undoubtedly can and does work.But the real source of dismay appears to be territorial. It's litigation, and the Law Department wants its seat at the head of the table. For instance, former Law Department Chief Victor Kovner criticized the settlement, saying it deprives the City of the Law Department's expert analysis. While this may be true, the facts in this case were fairly cut and dry, and the settlement paid to Ranta was proportional to similar payouts to past exonerees. Moreover, the City will save substantially by not having to fund a lengthy defense, or face a possible judgment well in excess of $6.4, topped off with an application by plaintiff's counsel that would add hundreds of thousands, if not another million or so, in legal fees.Stringer has defended his decision as being in the public's best interest, and he correct. Not every case can be resolved so early on, but those that can be, should be. Stringer should be commended for seizing the bull by the horns.
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Is Battery A Crime In New Jersey?
No, battery is not a term used in New Jersey’s criminal code. If you are charged for assault, call me at 732-625-9661 to discuss the possible ways to defend against this charge.The post Is Battery A Crime In New Jersey? appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.
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What Is Bodily Injury As It Relates To Assault Or Battery?
Bodily Injury in an assault case is defined in our criminal code at 2C:11-1. Bodily Injury means physical pain, illness, or any impairment of physical condition. Significant Bodily Injury means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five […]The post What Is Bodily Injury As It Relates To Assault Or Battery? appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.
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200 vials of cocaine...cont
To complete the analysis to determine whether defendant established the gross disproportionality of her punishment, we examine the extent of her culpability in this cocaine sale and the threat she poses to society. The undisputed evidence in this regard is not overly favorable to defendant. The undercover officer testified at the trial without contradiction that defendant made a direct sale to him, filling his order for 200 vials of cocaine for a price of $2,000 and then knowledgeably haggled with him over the amount of the customary bonus of additional vials, insisting on giving him only 14 over his claim of entitlement to 20 extra vials, but promising to "take care of" him personally "the next time" he came. Her conduct hardly bore the earmark of an "accidental" offender.
Although criminal defendant's presentence report discloses mitigating factors in her family history, they do not demonstrate such an exceptional level of childhood deprivation that would significantly excuse her behavior. Defendant informed the probation officer who conducted the presentence investigation that "she received adequate supervision and that the quality of the home was decent" during most of her formative years when she was raised by a grandmother in Jamaica, British West Indies.
All of the foregoing factors militate against finding that defendant is the rare case we envisaged in Broadie that, on its particular facts, would present an exception to the general facial constitutionality of the Penal Law's mandatory sentencing provisions for drug-related offenses. Indeed, based on our assessment of the gravity of the offense she committed and her personal culpability, we could only find defendant's mandated sentence cruel and unusual punishment by concluding that the constitutional prohibitions prevented mandatory imprisonment for all offenders of defendant's age. Yet the Legislature has consciously extended the A-I felony mandatory minimums to youths in defendant's age category. The prevalence of the employment of adolescents to market illegal drugs is now well recognized. Thus, the Legislature could rationally determine that teenage drug dealers pose a serious threat to society. Clearly, defendant has not met her burden of showing any objective basis for us to conclude that contemporary standards of decency prevent imposing a sentence of 15 years to life imprisonment upon an older adolescent for a direct volitional sale of more than two ounces of cocaine for $2,000.
Accordingly, the order of the Appellate Division should be reversed, and the matter remitted to Supreme Court, New York County, for resentencing in accordance with this opinion.
Use of cocaine is dangerous to our health, it is likewise dangerous to our society since some of cocaine addicts tend to commit crimes.
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Entrapment and Craigslist
In the case of Kevin Cantrell versus the State of Florida, Mr. Cantrell was convicted of traveling to meet a person whom he believed was a minor for the purpose of engaging in illegal sex and unlawfully using a computer …The post Entrapment and Craigslist appeared first on Chapman Criminal Defense Firm.
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Supreme Court Takes Another Hit at Fourth Amendment
In a 6-3 opinion written by Justice Alito (Justices Ginsburg, Kagan and Sotomayor dissented), the Supreme Court made another dent in the Fourth Amendment today. The case is Fernandez v. California and the opinion is here.
The Court upheld the...
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DETAIN THIS
Below is the Memo containing the resolution authorizing the Dade Mayor to tell Dade Corrections that they do not have to honor federal detainers on inmates unless the Feds agree to reimburse Dade County. Last year the costs to Dade taxpayers was over $600,000.00. Dade Mayor to Feds: "Take your detainer policy and shove it!..." What this means: less detainers on your clients at DCJ. SECURITY IDSColleagues,now that I have your attention: it is URGENT that those of you who have not picked up your 2014 Security ID do so. The procedure is below. There is about a 120 people who have not picked up their IDs. About two dozen of those individuals are REGJB regulars. So please, avoid the lines, pick up your 2014 IDs. If you do not pick up your ID in the next two weeks, it will be destroyed and you will have to reapply for an ID. If you have previously been issued a card which has expired, or took your picture but never picked up a card, then your new card has already been printed and is available for pick-up at the When going to pick up your new ID card, you will be required to the following:The cardholder and only the cardholder, must bring and sign the attached 'Security ID Acknowledgement Form. Acknowledgement form is included in the attached security ID package PDF. The cardholder must bring a printout from the Florida Bar website indicating that they are currently a ‘Member in Good Standing’ (use this link, enter your name, print).The cardholder must surrender their old ID card (if the old ID has been lost, make that check for $20 instead). Note: this is only applicable if you have received an ID card in the past. Brian KirlewFACDL-Miami, Secretary And that wraps up housekeeping chores for the week. See you in court. Site Feed
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Juvy sex offender crying out
Video Description:
No where to turn, at wits end with life, crying out for help before it may be too late.
Video Description:
I was charged at 15. I am now 30. my whole life ive been punished for a...
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Thanks to Gov. Brown, Plata, budget woes, state court rulings and/or _____, California lifers now have a real chance for parole
The weird "Mad-Libs" title to this post is my reaction and query in response to this notable new AP report headlined "California 'lifers' leaving prison at record pace." Here are the details: Nearly 1,400 lifers in California's prisons have been...
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Utah Arson Suspected Ordered to Remain Behind Bars
A Utah man who was working at the site of an apartment complex as an electrician will not-at this point-be eligible for release from prison, due to his alleged mental state and possible drug addiction. The Back Story The man is accused of setting fire to the under-construction apartment complex. The estimated damages are in […]
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How Much Marijuana Could be Possessed - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 11
How Much Marijuana Could be Possessed? How Much Marijuana Could be Possessed? Under current Florida Drug Laws: Florida Statute 893.13.6(b) If someone is in possession of not more than 20 grams of cannabis, a person commits a misdemeanor of the first degree. More than 20 grams or distribution or sale or possession of marijuana are all felonies. Possession or cultivation of marijuana are both felonies with forfeiture provisions for the tools and property where the cultivation occurs.Under my proposed Florida Medical Marijuana Law: A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.(b) If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient’s needs.(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this Statute.Stop Worrying about Drugs. The Call is Free, the Relief can be valuable. 1-877-793-9290 .
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Raymond Felton's Post Arraignment Update: What's Next for the Knick 'Baller & His Third Degree Weapon Charge
With a timeout on the court and Raymond Felton out of jail heading back to the hardwood, it is a good time to reassess the events of the first quarter and what we can expect over the next three. Clearly, there is no better time then now to examine where Felton's firearm and weapon charges may head over the next few months. As a preliminary matter, and of great significance, Felton avoided the charge of Criminal Possession of a Weapon in the Second Degree, New York Penal Law 265.03. Despite being arrested for this offense, Manhattan prosecutors recognized for now (charges can always be added later) that the "C" felony would be a difficult lift. That is, Assistant District Attorneys likely realized that it would be no easy task proving beyond a reasonable doubt that Felton intended to use the weapon unlawfully against Ariane Raymondo-Felton (see my earlier entry and accompanying analysis).
So what are the official arraignment crimes and what should we expect going forward?
The Crimes and NY Penal Law Offenses
The top count that Felton now faces is Third Degree Criminal Possession of a Weapon. This crime, New York Penal Law 265.02, is a "D" felony. There is a presumptive mandatory minimum sentence of two years and a maximum of seven years if Felton is convicted. For perspective, Plaxico Burress faced a charge of New York Penal Law 265.03, Second Degree Criminal Possession of a Weapon. That crime carries a minimum mandatory sentence of three and one half years and a maximum of fifteen years in prison.
The specific subsection that Felton now faces is New York Penal Law 265.02(8) according to online records of his arraignment. This section states in relevant part that is a crime to possess a large capacity ammunition feeding device. Defined by statute, a device such as this includes a "magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." According to the allegations, the firearm Felton is alleged to have possessed in his home contained 18 rounds in a magazine capable of holding 20. As you can probably glean from the language, it is a strict liability type of offense. There is no intent to use the firearm unlawfully required.
The second crime that it appears Felton is facing according to reports (but potentially incorrectly recorded online), is Criminal Possession of a Firearm pursuant to New York Penal Law 265.01-b(1). This crime, an "E" felony, is punishable by up to four years in prison. In substance, post New York SAFE Act, it is a crime to possess a firearm without the proper licensing or permission to do so. Again, there need not be an intent to use this weapon unlawfully.
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New Jersey Man Receives 22-Year Sentence For $215 Million Ponzi Scheme
A New Jersey man was sentenced to a 22-year prison term for orchestrating a $215 million real estate Ponzi scheme. Eliyahu “Eli” Weinstein, 38, of Lakewood, New Jersey, received the sentence from U.S. District Judge Joel A. Pisano after previously pleading guilty to two counts of conspiracy to commit wire fraud and one count of money laundering. Weinstein was also ordered to pay $215.4 million in restitution to his victims, and was found to be capable of paying $1,000 per month towards that amount. Notably, Weinstein still faces sentencing in a separate scheme in which he and others fleeced an investor our of nearly $7 million on promises of access to pre-IPO shares of Facebook.
Weinstein operated a multitude of corporate entities (the "Weinstein Entities") along with co-defendant Vladimir Siforov. Starting in at least June 2004 and continuing through August 2011, Weinstein solicited funds from potential investors by representing that he was investing in specific real estate transactions. Investors were told that Weinstein had unique access to certain real estate opportunities due to his connections at a bank in the Orthodox Jewish community, which allowed him to purchase certain properties at below-market prices. Investor funds would be used to "flip" these properties, and would be safely held in escrow during the pendency of the transaction. In order to convince investors of the legitimacy of the scheme, Weinstein and others created numerous fictitious documents including forged checks, operating agreements, leases, and mortgages.
In a transaction described in the indictment, a victim denoted as S.W. was informed by Weinstein that he could purchase an interest in a particular parcel of property for $630,000. S.W. was also told that Weinstein had a buyer and contract in place for an immediate "flip" of the property for $1.5 million which could only be accomplished by providing the money immediately. However, as alleged in the indictment, Weinstein never had a contract lined up to purchase the property, nor did he arrange for S.W. to obtain an ownership interest. Another investor, H.D.W., committed $70 million to buy property through Weinstein, including $5.4 million to purchase property in Trotwood, Georgia. However, there is no town of Trotwood in the state of Georgia. Instead, investor funds were misappropriated by Weinstein and the Weinstein Entities, and were used for a variety of purposes including the payment of prior victims and to fund his own lavish spending.
In an increasingly common theme, Weinstein used his standing and knowledge in the Orthodox Jewish community to both meet new victims and elevate his reputation with existing victims. Among the tactics used by Weinstein include the donation of a portion of investor funds to charitable and religious causes, as well as convincing rabbies and community members to introduce him and serve as references to new victims. After the scheme imploded in mid-2010 and Weinstein's reputation in the community was tarnished, Weinstein and others went outside of the Orthodox Jewish community to solicit victims who were unaware of the scheme's fraudulent nature.
Weinstein faces hundreds of years in federal prison if convicted of all charges, along with millions of dollars in criminal monetary penalties. He may also be ordered to pay restitution to victims. According to his attorney, he intends to plead not guilty.
A copy of the indictment is below:
Weinstein, Eliyahu Indictment
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"Dash-Cam Video Clears Man in Violent Traffic Stop"
The story is at ABC News documenting how a discovery request led prosecutors to drop charges after initially offering a plea agreement calling for a five-year sentence. The responding officers are now under indictment.
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Be Honest About Marijuana
Lies, Damn Lies and Statistics Prohibitionists Debunking the Myths of Marijuana (Again) In recent events, many government agencies have been in the spotlight for their comments on the medical use and recreational use of Marijuana. These agencies include the DEA as well as The Office of National Drug Control Policy (ONDCP). The statements that have ben…The post Be Honest About Marijuana appeared first on Seattle Criminal Defense Lawyer | Pelley Law, PLLC.
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Florida Man Receives 12.5 Year Sentence For $30 Million Ponzi Scheme Targeting Haitians
A south Florida man who promised members of the Haitian community that he could double their money in 90 days will serve the next 12.5 years in federal prison after pleading guilty to a $30 million Ponzi scheme. George Theodule, 52, received the sentence after previously pleading guilty to a single count of wire fraud in October 2013. Theodule's prison sentence will also be filed by three years of supervised release.
Theodule owned and operated several companies, including Creative Capital Concept$, LLC ("Creative Capital") and Creative Capital Consortium, LLC ("CCC"). Using these companies, and a variety of other entities and investment clubs he formed, Theodule held himself out as a financial expert to the Haitian community, touting his 17+ years of experience trading stocks and options. Theodule promised astronomical returns, guaranteeing potential investors 100% returns on their investment in just 90 days. As if these exorbitant returns were not enough, Theodule also told potential investors that part of his trading profits were used for a variety of humanitarian purposes, including the funding of start-up businesses in the Haitian community as well as contributing to business projects in Haiti and Sierra Leone. Based on these representations, Theodule is said to have raised more than $30 million from as many as 2,500 investors from July 2007 to December 2008.
However, authorities alleged that Theodule's claims of trading success were completely false, and that in reality, Theodule was operating a massive Ponzi scheme. Theodule's trading records showed trading losses of at least $18 million, and the remainder of investor funds were diverted to support Theodule's lavish lifestyle that included exotic car collections, motorcycles, rings, and even trips to Vegas.
The Securities and Exchange Commission filed an emergency enforcement action in December 2008, accusing Theodule of multiple violations of federal securities laws. According to the court-appointed receiver, Theodule had spent early 100% of the money he took in, and little remained for victims.
A copy of the indictment is below:
Theodule Indictment.pdf
Theodule Indictment.pdf by jmaglich1
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Female Radio Host Convicted Of Running $4 Million Ponzi Scheme
A California woman who once hosted a financial talk radio show was convicted by a federal jury of operating a $4 million real estate Ponzi scheme. Barbra Alexander, 66, was convicted of twenty-eight fraud counts in connection with the scheme, and is the third co-conspirator to be convicted. Alexander was indicted back in October 2010 along with Michael Swanson and Beth Pina on forty-three counts of mail fraud, securities fraud, money laundering and conspiracy.
Alexander previously served as producer of the syndicated radio show "Money Dots," which aired locally in Monterey, California. She and her partner, Swanson, also owned and operated APS Funding, Inc. ("APS Funding"), which held itself out as a real estate investment company that specialized in short-term hard-money loans. The trio recruited investors through personal referrals and word-of-mouth campaigns, promising 12% annual returns from short-term loans on real estate that would be secured by recorded deeds of trust. In total, nearly $7 million was raised from investors.
However, of the approximately $6.7 million raised, at least $2.5 million was diverted to Alexander, Swanson, and Pina. These funds were used to support the trio's radio show, and also to provide monthly salaries of $10,000 - $15,000 to each co-conspirator. Ironically, at least $200,000 of investor funds were used by Alexander for an extensive kitchen remodel - after which a house party was held that was attended by investors unaware that their principal had funded the remodel.
Nor were the actual returns realized by APS Funding commensurate with the returns promised to investors. For example, in 2009 the various entities each paid out higher amounts than their actual income - funding the difference with new investor contributions in a classic hallmark of a Ponzi scheme. Indeed, when the scheme began to unravel in late 2009, the funds' records showed total investor balances of nearly $7 million despite the fact that each of the various bank accounts held by the funds held negative balances.
Swanson was previously convicted in a September 2013 trial, while Pina pleaded guilty to to conspiracy to commit mail fraud and conspiracy to commit wire fraud in December 2012. With Alexander's conviction, sentencing for Swanson and Pina has been scheduled for May 14, 2014.
A copy of the October 2010 indictment is below:
Alexander, Pina & Swanson Indictment
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