Ms. Rupp also must pay “restitution” in the amount of $4,879.00. Restitution is payment for any damages or loss you may have cost the victim in your criminal case. For example, if someone stole a television and sold the TV to some unknown person and the TV was never recovered, the defendant would be ordered to pay or reimburse that person for the stolen TV. There are many times when restitution can not be ordered in a case and even more often when the amount of restitution or amount owed can be disputed by the person convicted of the crime. If you have been ordered to pay restitution or think your case may require restitution, call for a free consultation about defense you may have to paying these monies. In Ms. Rupp’s case, she will be paying back the money she received for work when she was not actually working.
Judge Perry gave a jail sentence even though Judge Harlan’s charges were dropped. The judge stated that as a judicial assistant, Rupp violated the public trust of the position. Based upon the sentence today, prosecutors dropped the remaining 13 counts against Rupp that were recently added to her criminal charges. Ms. Rupp’s defense attorney requested probation as a sentence. Rupp also asked for a “turn-in” date for her jail sentence, but Judge Perry refused and ordered that she be taken into custody immediately. Defense attorneys often ask for “turn-in” dates so that our clients can get their affairs in order, but I am sure the judge considered the fact that she pled last week, had time to get her affairs in order, and due to the “public trust” involved in her case, that a turn-in date would not be appropriate.
This ends the Polk county scandal as both cases are now finished. A judge will still have to be appointed for Judge Harlan’s vacated spot on the bench.
If you have been arrested for
Call an experienced Polk criminal defense attorney that will fight for you in court!
Thomas C. Grajek – 863-688-4606
The post Former Polk Judicial Assistant sentenced to 300 days Polk County jail for stealing and falsifying time records. first appeared on SEONewsWire.net.]]>
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
The post Polk County Circuit Judge Harlan retires in agreement with prosecutor to drop Grand Theft charge against her. first appeared on SEONewsWire.net.]]>