Fort Lauderdale theft defense

February 8, 2023

Is kleptomania a defense in a South Florida theft case?

By The Law Offices of Richard Ansara, P.A.

“Did you HAVE to steal that?” If the person you’re asking has kleptomania, the answer could very well be, “Yes.” But is it a viable criminal defense in a South Florida theft case?

Maybe.

It’s probably only a successful defense strategy in a small percentage of Florida theft cases. But talk about it with your Broward criminal defense lawyer. Unless you’ve actually been diagnosed with kleptomania – and are actively seeking treatment or are willing to do so – a different approach to your defense may be much more effective.

What Exactly is Kleptomania?

You may have heard the term “klepto” used in reference to a person who regularly steals. That’s sort of the gist, but kleptomania is an actual mental health disorder that, as noted by the Mayo Clinic, involves “repeatedly being unable to resist urges to steal items that you generally don’t need.” Often, these items have little value and could likely be afforded by the person taking them.

Ultimately, it’s an emotional/behavioral issue that comes down to lack of impulse control. It’s a behavioral addiction, similar to those with gambling disorder, sex addiction, shopping addiction, or eating disorder. Like many impulse control disorders, it’s extremely difficult to resist the temptation or powerful urge to engage in this activity – even knowing it’s against the law and harmful to yourself, your relationships, your reputation, your freedom, etc.

These episodes can occur in public places, like a store (shoplifting), or may happen at someone’s residence, a friend’s home, a party, etc. The urge to steal may come and go in waves. Unlike most other shoplifters, it’s not about personal gain, revenge, or rebellion for someone with kleptomania. It’s solely about powerful urges the person doesn’t feel able to control.

It’s worth noting that if you have not been arrested/caught and want to seek help, a mental health provider is unlikely to report theft-related crimes to authorities – especially if you’re seeking help. You can talk to a defense lawyer in advance if you have concerns.

When Can Kleptomania Be Raised as a Florida Criminal Defense Strategy?

As noted by research published in The Journal of the American Academy of Psychiatry and the Law, kleptomania is a little unique among behavioral addictions in that the diagnostic criteria for the disorder necessitates criminal behavior (i.e., stealing/theft). By definition, they’ve committed theft, whether or not they’re ever criminal convicted. Continue reading

June 1, 2020

Fort Lauderdale Defense Lawyers: Theft Charges Require Proof of Intent

By The Law Offices of Richard Ansara, P.A.

Proving misdemeanor or felony theft in Florida requires proof of intent to deprive the owner of his or her rights to the property. Grand theft, as outlined in F.S. 812.014 is the unlawful taking or using of property valued at more than $300. But as our Fort Lauderdale defense lawyers point out, one’s intent in taking or using that property is key.

That’s why prosecutors in Citrus County recently dropped two grand theft charges against a roofing contractor initially accused of defrauding customers by taking nearly $15,000 in deposits without completing the work he promised. As the prosecutor explained to a reporter from the Citrus County Chronicle, the state attorney’s office would have had to have shown that the defendant took the customers’ down payment and in turn used it all for personal financial gain – not simply for running his business. What the evidence showed, however, was that he used the money to buy materials and contract labor for the jobs, but did not follow through in completing them.

This might tend to show the contractor was a poor business manager, but not that he’d committed theft, as understood by Florida law. Continue reading

December 22, 2016

“Postal Grinch” Arrested for Twice for South Florida Theft Offenses

By The Law Offices of Richard Ansara, P.A.

It wasn’t a good couple of days for Francis Keller. The 56-year-old was arrested for allegedly breaking into the U.S. Post Office where he worked for 30 years, and rifling through packages with plans to sell valuables he discovered in exchange for crack cocaine. A Boynton Beach police report indicated Keller had used an old security code to gain access to the building, on Seacrest Boulevard. He was reportedly intoxicated at the time.

He was booked into jail around 2:30 a.m. and was released about 12 hours later. By then, local news outlets had heard of the alleged offense and were working on stories detailing the work of the “Postal Grinch” for trying to steal packages containing gifts.

But Keller allegedly wasn’t finished. By the looks of a consecutive mug shot, he did have an opportunity to change clothes again. When he headed back out that night, he allegedly approached an employee at a drive-in to ask about a job. However, instead of continuing the conversation in that vein, he is accused of pulling a firearm from his waistband and demanding money. He then allegedly ran into the car parking lot, pointed a gun at the head of the driver and ordered him out of the vehicle. Continue reading

December 3, 2016

Fort Lauderdale Burglary Suspect Catches One Break After Another

By The Law Offices of Richard Ansara, P.A.

Last year, a Pompano Beach man was convicted of a slew of burglary and robbery charges. He faced up to 60 years in prison. The judge deferred his sentence in lieu of probation. But then, he was stopped for driving without a license. He was hauled back into court and sentenced to the full 60 years in prison. Following widespread backlash, the Broward Circuit judge had a change of heart. Community leaders at a hearing promised to work with the 24-year-old defendant, Herbert Smith. They were going to help him find a job and keep him out of trouble. The judge agreed once again to suspend the 60-year prison term. The caveat was that any violation of that probation – no matter how minor – could result in that 60-year sentence being reinstated.

Then just before Thanksgiving of this year, Smith was arrested, accused of a burglary that took place in September. He was identified as one of two men who broke into a home in Parkland and heisted $30,000 worth of jewelry. It didn’t look good for the defendant, especially because probation violations don’t have to be proven beyond a reasonable doubt.

However, Smith got another break when prosecutors recently decided not to pursue the burglary charge or the probation violation. They dismissed both, finding there was not enough evidence to move forward. Continue reading

July 13, 2016

Liquid Anti-Crime Tool Draws Mixed Reviews From South Florida Police

By The Law Offices of Richard Ansara, P.A.

It’s touted as a smart way to identify alleged thieves, drive down property crimes and return stolen possessions. It’s a spray called SmartWater CSI, and it’s a liquid that glows under ultraviolet light. The liquid is intended for spray on property or intruders, and it leaves a residue that is detectable on people for several weeks and on property for years.

Since more than two dozen law enforcement agencies in South Florida signed up to use the liquid, 11 say property crimes have taken a nosedive. However, it’s only resulted in half a dozen arrests and in no case has stolen property been recovered and returned to its owner. In fact, a number of law enforcement agencies say it doesn’t seem as if the product actually works.

As criminal defense lawyers, we would have a number of questions as to how a certain piece of property could be traced back to that particular owner or how spray identified on a certain individual could be traced back to the crime scene. Continue reading

March 5, 2016

Law Enforcement Use Technology to Catch Suspects

By The Law Offices of Richard Ansara, P.A.

The evolution of technology in recent years is somewhat astonishing. The fact that we all walk around with what amounts to a personal computer and can instantly connect to anyone in almost any corner of the globe is a testament to that.

But don’t think for a second that police haven’t tapped into that potential as well.

Prime example: Recently the Sun-Sentinel reported on a case in which Broward County Sheriff’s Office detectives were able to electronically track a stolen phone to a man and woman who were later arrested for theft.

The pair allegedly stalked the victim as he walked out of a Pompano Beach casino, followed him to a nearby store and robbed him at gun point of his winnings, his wallet, electronics, his backpack – and his iPhone – in the parking lot. In cash alone, the pair reportedly took $11,740. Continue reading

February 21, 2016

Shoplifting in Florida Can Result in Felony Charge

By The Law Offices of Richard Ansara, P.A.

Authorities in Weston are tracking down leads trying to find a suspected light-fingered woman with a penchant for long skirts.

According to the Sun Sentinel, the woman first appeared on law enforcement radar last year, when she reportedly heisted some $1,000 up or into her flowing, floral skirt. Now, almost exactly a year later, the same woman – accompanied by the same man – reportedly returned to the same store. This time, she had on a different skirt, but the technique was the same. The value of the goods taken this time, police say, was $400.

The dollar amounts are important in these situations because when it comes to Florida theft cases, the severity of the charge will depend on the amount stolen. Continue reading

February 13, 2016

3 Years Federal Prison for Wire Fraud Suspect in Online Auto Sales Scheme

By The Law Offices of Richard Ansara, P.A.

The man said he was roped into an international fraud after striking up a conversation with a group in a Romanian night club. That was back in 2007. The plan didn’t involve physically hurting anyone, simply separating them from their money.

The following year, he was on a flight to Los Angeles, where he was taught how to open phony bank accounts. He was able to return to Romania. From there, federal prosecutors say, he would trick unsuspecting buyers on websites like AutoTrader.com and Craigslist into putting a down payment on a vehicle. Problem was, he didn’t own any vehicles and he never delivered once the cash was transferred. Authorities say there was never any intention on Mihai Postelnicu’s part to engage in a legitimate vehicle purchase transaction.

He returned to the U.S. in 2010 and began working out of Broward County, where he set up two bank accounts into which victims sent electronic transfers of cash. Posing as a Czech or Swedish citizen, he used fake identification cards and aliases to withdraw the money. The emailed transactions made it appear as if they were from legitimate services, like Google Wallet.

Now, The Sun Sentinel reports, the 37-year-old Postelnicu has been sentenced to 2 years, 9 months in a U.S. federal prison. Once he serves his sentence, he’ll be deported back to Romania. Continue reading