A routine traffic stop lands an underage Defendant in trouble with the law after he is linked to a Felony Grand Theft and a Felony Burglary. Police clock a vehicle speeding 75 mph in a 50 mph zone. The Officer on duty is in oncoming position and identifies the Defendant as the driver of the vehicle. The Officer follows the speeding automobile, but cannot retrieve license plate information because the tag light on the vehicle is out. At this point, the Officer initiates a traffic stop.
Upon walking up to the car, the Officer identifies another driver behind the wheel with the Defendant sitting comfortably in the passenger seat. The Officer requests that the new driver exit the vehicle to discuss the situation. During the interview, the new driver confirms that she is the owner of the car and discloses that the Defendant woke her up from sleeping in the passenger seat to switch positions. The Defendant is then placed under arrest for traffic charges.
After receiving consent from the owner to search the vehicle, the Officer finds 17 bottles of unopened liquor hidden beneath the seats of the car and within the trunk. Underage individuals transporting 17 bottles of alcohol in their car logically points to a crime that has recently taken place. The authorities look into a possible burglary committed and check into reports in the area. Sure enough, earlier in the evening a local hotel contacted Police to report that the pool bar was broken into. Hotel management inventoried that 27 bottles of liquor were stolen, a value of $466.09.
The Police revisited the hotel/scene of the burglary and requested to view surveillance video obtained from the security cameras. The Officers confirm the suspect's identity on the video as the Defendant breaking into the pool bar and exiting the hotel grounds with boxes containing alcohol. The owner of the vehicle was not involved with the hotel burglary. The Defendant is now charged with Felony Grand Theft and Felony Burglary of a Structure.
Grand Theft is defined as taking property or money valued $300 or over. Burglary of a Structure occurs when a person enters a dwelling, permanent or temporary, with the intent to steal. The Defendant's charges of Grand Theft and Burglary of a Structure are both third degree felonies. In the State of Florida, each charge is punishable up to 5 years in State prison. If convicted, the underage Defendant is facing a steep maximum sentence of up to 10 years in prison for illegally supplying alcohol to the late night party.
The Defendant retained Musca Law to fight the felony charges against him. The Defense Lawyer entered into intensive negotiations with the State Attorney over the fate of the young Defendant. These charges are the Defendant's first dealings with the Criminal Court. The Defense Attorney obtained a generous deal to plea out of the two felony charges and the Court found no formal finding of guilt on either felony charge.
