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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
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Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi .. Not knowing what exactly a person was charged with

Resolved Question:

Hi ..

Not knowing what exactly a person was charged with and only know they were charged with Grand theft in the 1st degree and 3rd degree, is stealing money consider a grand theft or is it only property, can a person bond out?

Is there mandatory jail time, the person is in jail on 7/25 and is there until Oct 2
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

What state did the theft allegedly occur in?
Customer: replied 1 year ago.

Florida

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.

The grand theft statute refers to "property," but that doesn't necessarily mean real estate. Fl. Stat., Section 812.012 defines property as "anything of value," which includes money. Grand theft vs. theft is based on the value of the items allegedly taken. Anything worth more than $300 is grand theft, as is theft of firearms or a couple of other items, set forth in Section 812.014(2)(c).

A judge has discretion to allow or deny bail. Bail will usually be denied if the judge believes that the person is a flight risk. If someone has ties to the community, including a job, family, owning a home, etc., that makes it more likely that the judge will allow him to bond out. If someone is accused of stealing a lot of money that wasn't recovered, the judge may worried that he will take that money to flee the state and could deny bail on that basis. But bail isn't automatically denied for theft charges.

Grand theft in the first degree is a felony of the first degree, punishable by up to 30 years of imprisonment. Grand theft in the third degree is a felony of the third degree, punishable by up to 5 years. There are no mandatory minimum requirements in the guidelines. If the person is ultimately convicted, any time spent in jail awaiting trial is counted against the sentence imposed.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
Would there be a police report to view to fine out exactly what the crime or can it be of public records to view
Expert:  Lucy, Esq. replied 1 year ago.
The police report would state the facts of what he is accused of doing, but not necessarily the exact charges. Some police departments will only release reports to people with an interest in the case, such as the victim. The courthouse would have the criminal complaint, which has the exact charges. Most court hearings are also open to the public, so a person could just go and watch to see what is happening. If you call the criminal court in the county where the person is accused, they'll let you know whether you would be allowed to come in and look at the court records (assuming this person is not a minor - minor records are sealed).
Customer: replied 1 year ago.
Would show in the public records or only when the person is convicted of the crime
Expert:  Lucy, Esq. replied 1 year ago.
It's public records until or unless a person is acquitted and has them removed.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21035
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Lucy, Esq.
Lucy, Esq.
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Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.