Dodgy St. Augustine area businessman CHARLES HENRY HARDWICK V saw fraud charges against him nearly disappear December 5, 2019, as his public defender was allowed to enter a rare plea of
nolo contendere (no contest), rather than a plea of guilty to grand theft charges of defrauding a construction company customer.
Judge Howard M. Maltz allowed State's Attorney RALPH JOSEPH LARIZZA's recommendation to allow the defendant HARDWICK:
- a rare nolo plea, with
- adjudication withheld,
- subject to probation, with
- no $1800 in probation fees over three years,
- no incarceration,
- no community service, and
- time payments for restitution to the victims of criminal fraud by HARDWICK and his D FENCE business, with some fraud victims believing they won't ever be paid back.
In his defense, Judge Howard M. Maltz is ordinarily noted for tough defenses, but relies on the State's Attorney in processing plea bargains.
Soft on white collar corporate crime and corruption, one of the linchpins of the Michelle O'Connell coverup, controversial Seventh Circuit State's Attorney RALPH JOSEPH LARIZZA:
- did not state on the record why a nolo plea was allowed and such a light sentence was proposed,
- did not recuse himself, even though his former Chief Investigator's nephew is a defendant, and that former Chief Investigator is running for Sheriff, funded in part by a contribution by JAMES PARKER, a/k/a "PORKER," his current criminal investigator (and former Deputy Police Chief in St. Augustine Beach under HARDWICK),
- does not distribute the National District Attorney's Association National Prosecution Standards,
- does not in practice adhere to NDAA National Prosecution Standards such as this one, at p. 69: 5-1.4 Uniform Plea Opportunities. Similarly situated defendants should be afforded substantially equal plea agreement opportunities. In considering whether to offer a plea agreement to a defendant, the prosecutor should not take into account the defendant’s race, religion, sex, sexual orientation, national origin, or political association or belief, unless legally relevant to the criminal conduct charged.
CHARLES HENRY HARDWICK V once bragged about his uncle, St. Augustine Beach Police Chief ROBERT HARDWICK as he was being arrested, stating according to one DUI arrest report that he was a "bad-ass," and bragging about his being a blood relative of Chief ROBERT HARDWICK, a candidate for St. Johns County Sheriff, stating inter alia, "If you like my Uncle [Chief ROBERT HARDWICK], you'll like me, we're cut from the same loaf of bread. I'm bad-ass. I hate to sound conceited, but I am."
Under the rules of evidence, a plea of
nolo contendere to criminal charges is inadmissible in a criminal case and does not invoke collateral estoppel. Such pleas are mainly used to benefit those accused of white collar crimes, like antitrust violators, and corrupt former U.S. Vice President Spiro T. Agnew, who pled
nolo to bribery charges October 10, 1973. (Years later, I met Agnew's criminal defense lawyer, Judah Best, to whom I was introduced at an American Bar Association House of Delegates meeting party in 1989 in Honolulu by one of the delegates, my mentor, then Chief Administrative Law Judge Nahum Litt of the U.S. Department of Labor).
From St. Johns County Jail log:
Number of Inmate Records Returned: 10
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| Status: | Released |
| Booking No: | SJSO05JBN000823 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 02/12/2005 11:05 PM | Released: | 02/13/2005 11:59 AM |
| Age On Booking Date: | 18 | | |
| Bond Amount: | $0.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 562.111 | () | POSSESSION OF ALCOHOLIC BEV./UNDER 21 | | | $200.00 |
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| Status: | Released |
| Booking No: | SJSO05JBN002862 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 06/02/2005 06:30 PM | Released: | 06/02/2005 11:59 AM |
| Age On Booking Date: | 33 | | |
| Bond Amount: | $0.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 562.111 | () | FTA POSSESSION OF ALCOHOLIC BEV./UNDER 2 | | | $500.00 |
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| Status: | Released |
| Booking No: | SJSO05JBN003905 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 07/23/2005 07:11 PM | Released: | 07/24/2005 11:59 AM |
| Age On Booking Date: | 19 | | |
| Bond Amount: | $0.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 810.08 | () | ARMED TRESPASSING | | | $15000.00 |
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| Status: | Released |
| Booking No: | SJSO05JBN004540 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 08/04/2005 10:15 PM | Released: | 08/18/2005 04:35 PM |
| Age On Booking Date: | 19 | | |
| Bond Amount: | $0.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 562.111 | (SJSO) | VOP POSSESSION OF ALCOHOLIC BEV./UNDER 2 | | | $15000.00 |
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| [+] | 812.014 | (SJSO) | VOP PETIT THEFT | | | $0.00 |
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| Status: | Released |
| Booking No: | SJSO08JBNC00984 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 02/21/2008 01:00 PM | Released: | 02/21/2008 08:04 PM |
| Age On Booking Date: | 21 | | |
| Bond Amount: | $0.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| Status: | Released |
| Booking No: | SJSO16JBN004599 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 11/01/2016 12:25 PM | Released: | 11/01/2016 03:18 PM |
| Age On Booking Date: | 30 | | |
| Bond Amount: | $500.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 901.31 | 16-1538CTMA (ST. JOHNS COUNTY SHERIFF'S OFFICE) | FAILURE TO APPEAR | N | N | $500.00 |
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| Status: | Released |
| Booking No: | SJSO16JBN005311 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 12/14/2016 03:49 PM | Released: | 12/14/2016 05:14 PM |
| Age On Booking Date: | 30 | | |
| Bond Amount: | $1000.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 843.15.1b | 16-1535CTMA (ST. AUGUSTINE BEACH POLICE DEPARTMENT) | FAILURE TO APPEAR | F | M | $1000.00 |
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| Status: | Released |
| Booking No: | SJSO19JBN001529 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 04/04/2019 04:33 PM | Released: | 04/04/2019 10:05 PM |
| Age On Booking Date: | 33 | | |
| Bond Amount: | $5000.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 812.014.2c1 | 19-504CF (ST. JOHNS COUNTY SHERIFF'S OFFICE) | LARC | T | F | $5000.00 |
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| Status: | Released |
| Booking No: | SJSO19JBN002764 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 06/14/2019 12:40 AM | Released: | 06/14/2019 03:49 PM |
| Age On Booking Date: | 33 | | |
| Bond Amount: | $500.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 322.34.2a | 000-0000 (ST. AUGUSTINE BEACH POLICE DEPARTMENT) | MOVING TRAFFIC VIOL | S | M | $500.00 |
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| Status: | Released |
| Booking No: | SJSO19JBN003718 | MniNo: | SJSO95MNI227656 |
| Booking Date: | 08/10/2019 06:42 PM | Released: | 08/11/2019 02:04 AM |
| Age On Booking Date: | 33 | | |
| Bond Amount: | $2000.00 | |
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| Address Given: | 1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086 |
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| [+] | 843.15.1b | 19-1186CTMA (ST. AUGUSTINE BEACH POLICE DEPARTMENT) | FAILURE TO APPEAR | F | M | $2000.00 |
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53 civil and criminal cases listed under CHARLES HENRY HARDWICK V on Clerk of Courts site:
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