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  1. #1
    Join Date
    Jan 2007
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    5

    Default Grand Theft Charge - sickness defense?

    I would like to know what this man's chances are in a Florida court. Here are the facts:

    In September, this man was arrested on a 1st offense misdemeanor petty theft charge. He pled no contest, and was adjudicated guilty by the court. He was sentenced to 6 months of supervised probation and was charged a fine of a couple hundred dollars.

    Last month, this man was arrested again for petty theft....this time at a Target while he was with his son (who he has joint custody over. The mother is divorced from him). As he was walking out of the store, security caught him and they contacted the police and he was arrested. He had in his possession a very expensive GPS tracking device valued over $1000.

    In addition, it was revealed that the day before he was arrested he was at the same Target and shoplifted the very same device. This was caught on tape as well but security was not able to catch him before he left, but they were on the lookout for him if he returned.

    Both times he shoplifted at Target he was with his son who is 11 years old.

    So Target has two separate occasions where this man walked into the store to steal a GPS device, they have video evidence of each occasion, and they caught him with the one of the devices in his possession, and I believe they were able to recover the other one from his home.

    This guy faces a felony arraignment today, and he will be charged with grand theft. He intends to plead not guilty, and will use a "sickness" defense, one where he intends to tell the court that he is a sick man, with leukemia, and that he was prescribed drugs that affected his behavior in adverse ways. He already has made the decision to sue his doctor. He hopes that this will result in the court finding him innocent. It is going to be a jury trial.

    So, in summation, this guy was caught in September for shoplifting at another store, pled no contest and was adjudicated guilty on a misdemeanor charge and then put on probation for six months. Last month, he was caught shoplifting again at a Target while on probation. He appeared before the court and admitted his probation violation and was adjudicated guilty, but only had his probation reinstated and was sentenced to time already served as he was placed in jail for a week for his probation violation. While in jail, he said he was in pain and was instead relegated to a hospital instead of a jail cell.

    Anyway, the felony arraignment is today. What are this guy's chances of success? I would really like to know. Will the court sympathize, or will they see right through his BS? Will the fact that he shoplifted, and subsequently arrested, in front of his son matter at all in court?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Grand Theft Charge - sickness defense?

    He's proposing a form of the insanity defense. He apparently did not raise this defense the first time he was caught stealing. Further, his actions indicate that he was aware of what he was doing, and was aware that it was wrong, meaning that he is limiting himself to the very narrow concept that the medications he was taking created an "irresistible impulse" to steal, of all things, a GPS device from a specific store. You don't indicate that he has any medical expert who will back him up.

    You describe his claim as B.S., and it sure does sound like B.S.

    He should consult a criminal defense lawyer before trying to argue this in court.

  3. #3
    Join Date
    Jan 2007
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    5

    Default Re: Grand Theft Charge - sickness defense?

    Well he says he is going to sue the doctor who prescribed him the medication. I do not believe that he will be able to find a medical expert that will testify that he was mistreated and that the drugs he was prescribed could induce such a behavior.

    But he is trying to weasel his way out of a conviction. He hopes that the court will show him sympathy based on his illness - he will say that he has leukemia, and he certainly has a history of saying so and he has been collecting disability on this for years, but I'm not sure if it's a legit illness. It may be fraud - he certainly has the mindset for it.

    So his defense is to blame the drugs, and hope that the court is merciful and understanding because of his illness, and I am not sure he is actually sick. He has testified, on the public record, that he has been in remission. The thing is, he is still collecting disability on it. I do not think that those who are providing him these benefits are aware of this public revelation. But I'm sure that, in the trial, there is going to be a big microscope put on every thing.

    So in your expert opinion, what do you think his chances are?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Grand Theft Charge - sickness defense?

    He needs a criminal defense lawyer.

  5. #5
    Join Date
    Jan 2007
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    5

    Default Re: Grand Theft Charge - sickness defense?

    Yeah, he has a defense attorney and is going to plead innocent.

  6. #6
    Join Date
    Apr 2006
    Location
    NW of KSTL
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    2,554

    Thumbs down Re: Grand Theft Charge - sickness defense?

    This has got to take the cake as the silliest thing I've heard in a long time!!!

    I have migraines but they don't drive me to REPEATEDLY steal! Tell your friend to get a firm grip on reality, it may do him some good.

    Although I strongly doubt it!

  7. #7
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
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    529

    Default Re: Grand Theft Charge - sickness defense?

    The only time I've had this 'sickness made me do it' was a lady I arrested (yes bam I said arrested). It was her third arrest (once again bam I said arrest) for theft and she was facing serious jail time. But in court when it came down to sentencing, the DA and judge gave her strict probation and house arrest (I had nothing to do with that bam). The DA said her doctor was there to testify she was on short time, she had Lupus and would die in custody. As I understand it she did die, under house arrest (once again, not my deal bam) after her 4th and 5th shoplift convictions....way after she would have gotten out of prison.

  8. #8
    Join Date
    Jan 2007
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    5

    Default Re: Grand Theft Charge - sickness defense?

    Quote Quoting souperdave
    View Post
    This has got to take the cake as the silliest thing I've heard in a long time!!!

    I have migraines but they don't drive me to REPEATEDLY steal! Tell your friend to get a firm grip on reality, it may do him some good.

    Although I strongly doubt it!
    He's not a friend. Just the ex-husband of a very good friend of mine. He's been giving her problems for years.

  9. #9
    Join Date
    Jan 2007
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    5

    Default Re: Grand Theft Charge - sickness defense?

    Quote Quoting PaulE
    View Post
    The only time I've had this 'sickness made me do it' was a lady I arrested (yes bam I said arrested). It was her third arrest (once again bam I said arrest) for theft and she was facing serious jail time. But in court when it came down to sentencing, the DA and judge gave her strict probation and house arrest (I had nothing to do with that bam). The DA said her doctor was there to testify she was on short time, she had Lupus and would die in custody. As I understand it she did die, under house arrest (once again, not my deal bam) after her 4th and 5th shoplift convictions....way after she would have gotten out of prison.
    Was she facing any felony counts of grand theft when she appeared in front of the judge? Did she plea bargain?

  10. #10
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default Re: Grand Theft Charge - sickness defense?

    Petty Theft 666cpc that is a felony charge brought after the second arrest (Yep, arrest bam). Somehow she avoided it on the second sentencing but #3 was when the DA said enough. It didn't appear to have an impact since she did it two more times before sitting at home watching soaps till she died.

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