Ms. Rupp pled to falsifying her time sheets and filing a false police report.  Ms. Rupp was also accused of filing a false police report.  Ms. Rupp accused a bailiff of threatening her with a stun gun for refusing to have sex with him, and she alleged the bailiff attempted to extort $4,000 from her.  Later, the JA allegedly admitted that this was not true.  The court house has extensive cameras and there are ways to prove where a bailiff is at most times so there was probably some other independent evidence that the allegations were not true.  Many times when a suspect is confronted with irrefutable evidence that their story is not true that will confess.  

Remember to always call and speak to a criminal lawyer first before speaking to the police!

The sentencing is set for Wednesday on the 3rd degree grand theft felony (up to 5 years prison) and the filing a false police report is a 1st degree misdemeanor (up to 1 year in the Polk county jail).  These charges will not score a mandatory prison sentence so it will be interesting to see what the sentence will be next week.  In addition, the JA will be sentenced to pay “restitution” which means she will have to pay back any money stolen.  There will probably be a separate hearing to determine the exact amount she will have to pay back to the State of Florida.

Unfortunately, this does not mean an end to the case.  Ms. Rupp only pled to the “old” charges and not the 13 additional counts of ”forgery by making a false public record” that the prosecutor recently added.  Those cases may stil go to trial, be pled to, or as the defense hopes, dropped by the prosecutor.

If you have been arrested for a serious felony offense,

call an experienced criminal defense attorney that will stand up and fight for you in court!

Call Thomas C. Grajek – 863-688-4606

Judge Harlan was accused of approving false time cards for her judicial assistant (JA) which would allegedly allow her JA to be paid for time she did not work.  Therefore, Judge Harlan was being accused of aiding or abetting a Grand Theft.  Originally, Judge Harlan was charged with Grand Theft and Scheme to Defraud, but the Scheming charge was dropped and the Grand Theft charge was amended.  Prosecutors can amend an Information (charging document) fairly easily with a few restrictions.  In this case, it was done to better fit the criminal allegations.

The Motion to Dismiss filed by her criminal defense lawyers argued that a judge has flexibility in setting their judicial assistant’s hours.  Basically, the judge has the authority to allow her JA to work 10 a.m. to 6 p.m. instead of 9 to 5.  Therefore, the charges should be dismissed because JA’s are salaried employees and as long as the JA worked the requisite hours.  The motion was heard by Judge Perry, of Casey Anthony fame, but no ruling had been made yet.

The charges against her judicial assistant, Alisha Rupp are still pending.  The judicial assistant’s case was set for trial next week, but due to recent developments in that case the trial was continued.  The main reason her defense attorney cited was a new Amended Information was filed against Ms. Rupp adding an additional 13 criminal counts to the Information against her.  Defense attorneys need time to prepare when new charges are added and that is why the trial will not be next week.

I have personally practiced before Judge Harlan for a number of years.  In my opinion she was an excellent judge and there are never any winners in these cases.

If you have been arrested for Grand Theft or Scheme to Defraud, call an experienced Polk County criminal defense attorney.

Thomas C. Grajek – 863-688-4606