Charges Cleared by Polk County Grand Theft Lawyer

Alexa Gutierez (not her real name) was charged with stealing a paycheck from a mailbox, duplicating the check with fake information and electronically depositing the check into her account. The Polk County Prosecutor thought she had a pretty solid case. After all, who else would deposit money into her account?  Alexa retained Polk County grand theft lawyer Jeffrey Garland shortly after being arrested. Garland reviewed a large amount of State discovery: over 600 pages.

The discovery showed that “someone” made some 10 fake copies of the check stolen from the mailbox. Only one of these checks was deposited into Alexa’s account. The remaining checks were made payable to an assortment of folks associated with Alexa’s boyfriend. The boyfriend, in fact, cashed a fake check in his own name at a country store.

The problem for the prosecutor was the fact that Alexa was in the Glades County Jail when the check was stolen from the mailbox. Alexa was still in jail when the check was electronically deposited into her account, as well as when the other falsified checks were passed.

Attorney Garland tried to explain the facts to the prosecutor, but the ears weren’t listening. The prosecutor asked for fingerprints and Garland had Alexa voluntarily provide fingerprints for comparison.

Even after the fingerprints proved nothing against Alexa, the prosecutor failed to drop the charges. Attorney Garland filed a “C4” Motion to Dismiss, attaching copies of the proofs that Alexa was locked up and had no access to devices by which to duplicate and electronically deposit a fake check.

The Motion to Dismiss was set for hearing on 12/21/22. The prosecutor finally recognized the futility of proving Alexa’s involvement. The prosecutor filed a nolle prosequi on 12/8/22.

The moral to this story might be to stand solidly behind a strong defense. But an additional moral might be to avoid providing your boyfriend with the means to electronically access your bank accounts.

Help from a Polk County Grand Theft Lawyer

In Florida and elsewhere, fraud/theft cases are a very serious offense. If you have been arrested on grand theft charges, you need an experienced Indian River criminal lawyer on your side. Contact the Law Office of Jeffrey H. Garland, P.A. at 772.489.2200 to discuss your case with an Indian River grand theft lawyer. A skilled criminal lawyer will fight to protect your rights.