THE ROMAN DEFENDER

Clearwater man accused of two thefts on beach

While in school studying to become a criminal defense attorney, I supplemented my income as a Clearwater Beach Lifeguard. During my days at work, it would be rare for an entire day to go by without a beach patron to approach me and say "someone stole my bag!" Unfortunately, thefts of personal property can, and do occur on Clearwater Beach rather frequently. In addition to the legal discussion below, take a lesson from this article and always keep an eye on your belongings while enjoying the beautiful Gulf of Mexico at Clearwater Beach.

Joshua W. Timmons, of 1606 Sherwood Drive, took the belongings of two different sets of beachgoers who left their bags unattended while swimming, Clearwater police spokeswoman Elizabeth Watts said.  As Timmons stole the second bag, two eyewitnesses notified the owners and began to follow him as he walked away down the beach. When one of the victims started to run after him, Timmons began to run away, dropping the second bag in the process.  Clearwater Police stopped Timmons shortly thereafter and recovered some of the stolen property from the first bag theft. Timmons was then arrested and charged with two counts of Grand Theft and one count ofPossession of Marijuana. According to Clearwater Police, the bags contained cell phones, jewelry, and keys.

From a criminal defense perspective, Mr. Timmons may not have many defenses here. We have two eyewitnesses that can place him at the scene and would testify that they saw him take the second bag, which didn't belong to him. Even though he dropped the second bag, he can still be charged with Grand Theft (we are assuming the the bag contained more than $300) because even an attempt of a theft can be charged the same as if the crime was completed.

Mr. Timmons' factual scenario brings up an interesting portion of Florida law  that most people should know about. For instance, assume Mr. TImmons committed a misdemeanor offense (instead of a Grand Theft felony) outside of a police officer's presence. In that situation, the officer may not make a warrantless arrest of Mr. Timmons unless the misdemeanor crime falls within several exceptions, such as domestic batteryand about 17 others. If the officer makes a warrantless arrest for a misdemeanor committed outside his presence that does not fall within one of the exceptions, an experienced Clearwater criminal defense lawyer may ultimately be able to have the charges dismissed, as the arrest would be deemed illegal.

 

"I'm thinking about hiring a criminal defense attorney, but do I really need to?"

First, I hope anyone who is reading this never has to ask this question. If you do, it probably means that you or someone you know has been charged with driving under the influence or charged with committing some sort of crime. If this is the case, then you should hire an experienced Clearwater, Tampa, Pasco, or Hernando criminal defense attorney as soon as possible.

There are many reasons why you need an experienced criminal defense attorney working aggresively for you. First, they will know your rights with regards to the crime charged. For example, in a DUI stop (or any traffic stop) there are many "rules" the police must follow to gather evidence against you. If they "cut corners" or do not follow the "rules" in a certain way, they may end up violating your rights and your experienced criminal defense attorney may be able to have certain evidence tossed out of court, therefore severely weakening the State’s case against you. Additionally, if you hire an experienced criminal defense attorney early on, he or she may be able to protect you throughout law enforcement’s investigating stage, ensuring that you will not unknowingly incriminate yourself or make any mistakes that could be damaging to your case later on.

Basically, an experienced criminal defense attorney will know how to defend you in court. He or she will know how and what to say to Judges, Juries, and Prosecutors. Also, an experienced criminal defense attorney will know the pertinent law regarding your charge inside and out, and will know how to use it to your advantage.

The most common argument that arises when hiring an experienced criminal defense attorney is that they are expensive. While it is true that an effective, experienced criminal defense attorney will be somewhat expensive, the value you will receive is in the service they provide. For example, how much is it worth to not have a conviction on your record? Or, how much is it worth not to have to spend months, maybe years, away from your family and friends, when you are possibly facing prison or jail time? For many people, the cost of hiring an effective, experienced criminal defense attorney is a good investment when compared to the possibility of expensive fines, jail time, and other consequences of a criminal conviction.

Before you try to cut corners, or go to court alone, at least consult with an experienced criminal defense attorney. One of the worst mistakes someone can make is attempt to represent themself against criminal charges that could ultimately impact your life for years to come.