Scheme to Defraud and Credit Card Fraud under Florida Law

Tampa Criminal Defense Attorney, Leslie Sammis, discusses a recent scheme to defraud and credit card fraud case case result in Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

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All Felony Scheme to Defraud and Credit Card Fraud Charges Dropped After Tampa Attorney Takes Depositions of Witnesses

In case of State v. R., Case Number 08-CF-009301, pending before the Honorable Daniel H. Sleet, the State Attorney's Office filed a "Notice of Nolle Prosse" which dropped all charges against client including one count of organized scheme to defraud less than $20,000 and six counts of fraudulent use of credit card. Each of the seven charges were third degree felonies.
The police report alleged that our client engaged in a series of fraudulent credit card transactions while working as a manager at a health club. Attorney Leslie Sammis was able to convince the prosecutor to drop all charges after filing numerous motions and taking the depositions of four of the State's witnesses, including the client's former employer.

The end result was that organized scheme to defraud and credit card fraud charges against the client were completely dismissed and the defendant is forever exonerated of the accusation.

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"Organized Fraud" or "Scheme to Defraud" can be charged under Florida Statute Section 817.034 which alleges that a person engages a ongoing course of conduct and systematic scheme with the intent to defraud someone by fraudulent or false promises, pretenses, representations, or willful misrepresentations about some future act in order to obtain property from another.

"Fraudulent Use of a Credit Card" can be charged under Florida Statute Section 817.61 which alleges that a person used a credit card to obtain certain services, money, goods, or anything else of value by misrepresenting himself as the cardholder with the intent to defraud another person.

If you have been charged with Employee Theft or Embezzlement by your employer, or the serious criminal offense of scheme to defraud or credit card fraud contact a Tampa Theft Attorney to discuss the accusation that has been made against you in Hillsborough County, Pinellas County, Polk County, Pasco County, Hernando County, Manatee County, Sarasota County or the surrounding areas throughout central Florida.

Withdraw Plea for Petit Theft in Clearwater, Pinellas County

Criminal Defense Attorney for Clearwater, FL

Tampa Criminal Defense Attorneys discuss recent case results in a petit theft or shoplifting case decided in Tampa, Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Client Allowed to Withdraw Plea

Our client was arrested for misdemeanor shoplifting or petit theft in Pinellas County, FL, at a Bealls Department Store. The client had never been arrested before and was totally unfamiliar with the criminal justice system. Instead of bonding out of jail, she entered a guilty plea at first appearance court within a few hours of her arrest.

Mistake to Plead Guilty to Petit Theft

At the time our client entered the plea she did not have an opportunity to speak with an attorney. She did not understand that she was potentially eligible for a petit theft diversion program in Clearwater, Pinellas County. She did not understand that the plea would mean she was convicted of a "crime of dishonesty" which would show up on any background check anytime she applied for a job.

Because she entered the plea to petit theft without first talking with an attorney, on May 27, 2009, the court in Clearwater, FL, accepted the plea to petit theft, adjudicated the client guilty of the misdemeanor crime, and ordered her to pay a fine and court costs.

Undo the Damage

After the case was resolved, the client realized the serious consequences of the plea. She contacted our office to find out if there was anyway to undo the damage. After she retained the firm we immediately filed a Motion to Withdraw the Plea under Florida Rule of Criminal Procedure 3.170(l), which allows the Court to permit a plea or guilty or "no contest" to be withdrawn after sentencing upon a showing of a manifest necessity. The motion to withdraw the plea must be filed within 30 days after the sentencing, and heard by the trial court within 60 days after sentencing.

Motion to Vacate Petit Theft Conviction Granted

Our Motion to Withdraw the Plea was granted on June 24, 2009, when the Court in Clearwater, Pinellas County, FL, agreed that a "manifest injustice" has resulted from the plea since our client entered the plea to petit theft without an attorney and without a clear understanding of the consequences of the plea.

Petit Theft Charges Will Be Dropped

After the conviction for petit theft was vacated, the attorneys at the Sammis Law Firm were able to convince the prosecutor to allow the client to enter a petit theft diversion program for a period of six months which required that she pay fees for $130.00, and take a shoplifting awareness course. The benefit of entering the diversion program is that the charges will be completely dropped.

Criminal Record Can Be Sealed

After completing the diversion program, when the charges are completely dropped, the client will be eligible to seal her criminal record so that no one could find out about the arrest and prosecution.

After a criminal record is sealed, the mug shot and other embarassing details about the case will not show up on the clerk of court website or the Pinellas County Sheriff's Office Website.

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Don't Make a Mistake and Face the Judge Alone

If you have been charged with shoplifting or petit theft in Clearwater or Pinellas County, FL, contact a criminal defense attorney at the Sammis Law Firm to discuss your options for best dealing with the case. Call us at 813-250-0500 to discuss the details of the case and come up with a plan to quickly help you put the matter behind you for good.

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Read More About Our Results in Other Florida Shoplifting Cases

Tampa Attorney Discusses Shoplifting Case in Hillsborough County, FL.