January 27, 2012

Jacksonville Woman Uses Baby As Human Shield, Father Arrested

Jacksonville families have many things that plague their lives and cause problems with husband, wife and children happiness. Unfortunately, sometimes these stresses push people over the edge. When this happens, one should contact an experienced attorney to fight for one’s case and ensure that one can get back on one’s feet and not let a domestic violence charge be another plague in one’s life.

According to the Florida Times-Union, Devin Juan Wilkes, 24, has been charged with felony domestic battery, aggravated assault, and child abuse. The charges come after Wilkes was reported to have attacked the mother of his year-old son, Sheena Hunter, with a kitchen knife. Hunter was reported to have used the child as a human shield, which Wilkes threw out of her hands. WILKES%2C%20DEVIN%20JUAN.jpg

Jacksonville domestic violence crimes typically involve some sort of assault and battery charge. However, what is interesting about this particular case is the manner in which the child abuse took place: both parents used the child as a reason for their actions, but still, the child was physically abused, something both parents said they were trying to avoid.

Wilkes has been charged with aggravated assault, felony domestic battery, and child abuse, which under Florida law are all third degree felonies, each charge carrying up to five years of jail time. However, with an experienced Jacksonville domestic violence attorney, Wilkes, like others in his situation, could have these charges’ penalties lessened or maybe even dropped.

An experienced attorney can offer defenses and mitigating factors that could possibly lessen the possible penalties to Wilkes’ actions, such as:

- Wilkes put the knife in a drawer when Hunter tried to use the child as a human shield

- Wilkes only waved the knife at Hunter, and did not actually attack her violently with the knife.

- Wilkes asked multiple times for Hunter to put the child down before Wilkes removed him by force from Hunter.

One problem that Wilkes might face as a defendant is his criminal record. This incident marks the third domestic violence charge Wilkes has received in the past three years. The legal system will look to this very same criminal record in the sentencing phase of proceedings, should the case go that far.

The legal system tends to view those who have criminal records, particularly those who are repeat offenders of the same crime, as people who just have not learned their lesson. However, these people are people who need help from the court system, rather than a jail cell.

An experienced attorney could use a prior criminal record such as Wilkes’ to shed a different light on the case. Wilkes needs anger management and psychotherapy rather than an abusive and antagonistic environment within a jail which will only fuel the fire to his rage. The legal system is meant for helping people get better, rather than worse.

Continue reading "Jacksonville Woman Uses Baby As Human Shield, Father Arrested" »

January 25, 2012

What Police Drug Stings Mean For Residents Of Jacksonville

Jacksonville police are gearing up for the increasing drug crimes that are present in our city. One of the many ways in which the police do this is by conducting drug stings. If one has been a victim of the drug sting, one should obtain an experienced attorney to ensure their rights are protected.

According to the Florida Times-Union, Jacksonville police busted Wayne Jenkins for selling crack cocaine to an undercover detective on Friday and again on Saturday. This sting was part of a city wide operation to arrest known drug dealers, traffickers, and buyers. drug%20bust.jpg

Jacksonville drug crimes cases normally involve someone who happens to be possessing a drug, and sometimes selling a drug to a undercover police officer, who then arrests them for selling the drug. However, sting operations, not as widely used, are quite interesting and sometimes rather complicated.

The most common forms of stings, when used for the purposes of drug busts, are where an undercover police officer poses as a seller looking for a buyer, or as a buyer look for a seller. However, Jacksonville, as well as other cities, are using these sting operations in conjunction with other operations such as beefed-up patrols, crackdowns, and sweeps.

One problem with sting operations is the numbers of drug dealers, sellers, distributors and buyers that are arrested. The Jacksonville Police Department reports the numbers of drug crime arrests are going up and that they are cleaning up the streets. This reporting increases faith in our police officers protecting and serving us. However, sometimes, one or two police officers pressure people who normally would not commit the drug crime to commit the crime: This is entrapment.

Entrapment is a very widely known defense; however, most only know very little about this very important defense. The entrapment defense comes into action typically when a police officer pressures or pushes someone to commit a crime, in this case, a drug crime, when they normally would not. Most times this involves the undercover cop egging the accused on and pushing him or her to sell or buy the drug.

This happens many times with police stings and undercover drug busts. Unfortunately, most do not know this defense exists until it is too late. However, if one obtains an experienced Jacksonville drug crimes attorney to fight for one’s case, one will be able to know if this defense applies to them, and may be able to have their charges completely dismissed.

Continue reading "What Police Drug Stings Mean For Residents Of Jacksonville " »

January 24, 2012

Jacksonville Area Man Arrested For Attempted Murder On Police Officer

Jacksonville’s residents have many things that make them angry. Sometimes, those things or people are law enforcement. However, actions against law enforcement carry heavier punishments. If one is accused of a crime against a police officer, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Brad Germain, 35, has been charged with attempted murder of a Jacksonville police officer. The incident began after the police were advised that Germain had rammed a police car with his pick-up truck earlier that night. Germain led police on a 1am chase, which led to Germain hitting another police officer and his car. cop-car-sm_52.jpg

Jacksonville felony violent crimes tend to be some of the more common crimes, however, typically not as vehicular as Germain’s case. Most vehicular crimes are accidental or at most reckless, but not intentional. On the other hand, felony violent crimes are normally intentional. As one can see, in the case of Germain, intent is something that will play a big part in his sentencing.

Germain has been charged with attempted murder, a first degree felony, which can bring up to 30 years in prison. This may seem complicated enough in itself, but even tough problem that Germain will face is that the attempted murder was against a police officer. This may be tough for Germain to deal with, both as a defendant, and as a prisoner, should that situation arise.

Many cases in Jacksonville where police are injured are immediately seen as cop hater cases, and in many situations, those charged for crimes against police will receive the maximum punishment for their crimes, no matter what the circumstances. This is due to the fact that the court system wants to punish those who try to hurt those that protect and serve our great city. However, Germain still has rights.

One in a situation such as Germain’s should contact an experienced Jacksonville felony violent crimes attorney to fight for one’s case and ensure that all options, rights and privileges are known to that individual so one will be protected. In many cases, obtaining an experienced lawyer is the only way one can ensure Constitutional protections.

In Germain’s case, the Judge will look at the fact that Germain did intentionally hit the cop car with the cop inside; however, an attorney could argue that there was no intent specifically to injure a police officer, even though one was injured, and that the Germain is apologetic for his actions and is willing to make amends. In many cases, these kinds of arguments can significantly lower the amount of time or severity in the manner in which time is served.

Continue reading "Jacksonville Area Man Arrested For Attempted Murder On Police Officer" »

January 22, 2012

Child Neglect Takes New Spin In Florida DUI Case

Jacksonville is one of those cities that likes to have fun, drink, and have a good time. However, those fun times end most of the time in criminal charges when children are thrown into the mix. When one is charged with a child related DUI, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Naples Daily News, Eliza Sherwood, Valene Clay, and Enrique Martinez, were arrested for driving while intoxicated with a child in the car. They were arrested separately because Martinez, the actual driver of the car, parked the car at a bank, took the baby and fled the scene. Arizona-DUI-Attorney.jpg

Florida DUI cases can be some complicated cases, the majority of which end in arrest. However, normally child neglect charges do not stem from the DUI arrests. When this happens, things can become very complicated for the accused and can make a lighter punishment turn heavy in a heartbeat.

It appears from the article that all three have been charged with DUI’s; unfortunately for each, however, is the charges each faces in addition to the DUI charges. For Clay and Martinez, each face separate charges of child neglect without great bodily harm for having their 8 month old child in the car with them while they were driving drunk.

Sherwood is being charged with a battery in addition to a DUI. The reason for her extra charge was that after the police went to speak to Martinez, Martinez told the police that Sherwood punched him in the face when he stopped the car.

One of the rules that governs attorneys in the legal system is that attorneys are not allowed to represent multiple defendants in the same case. However, this rule does not weaken any of the defendants’ cases. In the case of Martinez, for example, Martinez has been charged with child neglect without bodily harm, a charge which can lead up to 5 years in prison and massive fines, in addition to the DUI charge.

However, if Martinez were to obtain an experienced Jacksonville DUI and child abuse defense attorney, Martinez’s attorney could bring to light the mitigating factors in his case, including such factors as:

- Martinez parked the car after he realized the error of his ways
- Martinez refused to subject the child to an even worse situation possibly than the one the child was in before
- Martinez fled the scene and went to his Aunt’s where the child could be properly taken care of until Martinez sobered up

Factors like these can and will be brought up to help lower the penalty of the charges and possibly help to have them dropped in Martinez’s case as well as others in like situations.

Continue reading "Child Neglect Takes New Spin In Florida DUI Case" »

January 21, 2012

Law Student Arrested For Attempted Murder in Florida

Law students, like many other types of students, have many stresses placed on them. Sometimes, these law students cannot handle these stresses and simply overreact, leading to criminal charges. When this happens, one should contact an experienced attorney to fight for one’s case.

According to the Naples Daily News, Robert Ringley, an Ave Maria law student, has been accused of trying to shoot his roommate, a fellow law student, and threatening his ex-girlfriend’s life. Thet altercation began after Ringley, 25, asked for his ex-girlfriend to come to his apartment and talk about their relationship. 13586.jpg

Florida gun crimes can be some very intriguing cases, especially when one throws law students into the mix. Between relationships, grades, having enough time for sleep and having enough time for a social life, stresses such as these can be very taxing. Unfortunately, when one combines alcohol with a broken heart, things can get ugly.

Ringley has been charged with attempted murder, a first degree felony, which can bring as much as life imprisonment. On top of that, Ringley has been charged with aggravated assault with a deadly weapon against his ex-girlfriend.

In the legal system, one has many options for obtaining an attorney, be it through privately seeking an attorney, obtaining a court appointed attorney, or defending one’s self. Sometimes, one may feel competent enough in their knowledge of the law to defend themselves in court. Sometimes this option works; other times, it ends in very harsh consequences.

In many situations, a law student, especially one with decent grades, would consider him or herself as a master of the law. However, this is not normally the case. Like anyone, when thrown into the heat of facing criminal charges, is likely not able to see possible defenses that an outside source such as an experienced Jacksonville gun crimes attorney can and will provide.

Furthermore, the accused, whether accused falsely or not, is significantly better suited with an experienced attorney at his or her side. The attorney, in many ways, acts as a sort of intermediary, which softens some of the blow with respect to punishment. However, with an experienced attorney who knows the judge that one will go before, that punishment may be lessened even further.

In the case of Ringley, Ringley already has a misdemeanor DUI arrest, for which he was placed on a 12 month probation, and had to agree to undergo random alcohol testing afterwards and have no alcohol in his residence. As the facts show, Ringley broke all three requirements. This case will not pan out well if Ringley goes before the Judge by himself.

Continue reading "Law Student Arrested For Attempted Murder in Florida " »

January 19, 2012

Online Thief Hits Wells Fargo Bank Account In Jacksonville

Jacksonville is growing rapidly every year in the technological world, making life easier for its citizens every day. However, as technology advances, so does the knowledge and ability of criminals to steal using that same technology. No matter what the reason for the theft, when one is charged with an online theft crime such as this, one should contact an experienced attorney so that one can ensure one’s rights are protected.

According to the Florida Times-Union, the police are investigating a theft crime involving a Wells Fargo account. The Jacksonville police say that $20,495 was stolen out of a man and his sister’s joint account by way of 37 online payments over a period of about 5 months. online-713014.jpg

Theft crimes in Jacksonville are typically associated with muggings, robberies, or burglaries. However, thieves are becoming more non-personal and operated via cyberspace. As such, most criminals are able at times to get away with online theft. As such, law enforcement, banks, and other online-accessible financial institutions are gearing up their security.

Even though online bank account theft is a relatively new form of theft, the crime itself remains the same, until the legislature makes a new, more specified criminal charge for it. Even though there is not a new charge for the crime, the police and other investigative units have methods of finding out where the money is being stolen from, where the stolen money is going, and most of the time what the money is being used for.

In the case of the Wells Fargo bank account theft, the police have been able to tell that the money stolen was used to pay for a number of different things, including a mortgage, a JEA bill, and a few credit card bills. However, the police are still investigating who was actually responsible for the theft.

One method by which police investigate bank account theft is by tracing where the account was accessed, how and by who’s computer. Unfortunately, people can be arrested for online theft even though they themselves may not have been the actual thief. Someone accused of a crime such as this may see no way out in this particular situation. However, there are defenses than experienced Jacksonville theft crimes attorney can provide:

- the accused did not access the computer at the time the theft was said to occur
- the accused never used the computer at all even though it was registered to the accused
- common public or common private familial usage of the computer
- the accused has no possession of any of any possessions bought
- the accused is not recorded nor is connected to any bills paid

No matter what the particular set of facts, one will normally have a defense that an experienced attorney will use on behalf of the accused to make sure that at minimum, the charges can be reduced, and if possible, have the charges dropped entirely.

Continue reading "Online Thief Hits Wells Fargo Bank Account In Jacksonville" »

January 18, 2012

Addicted Jacksonville Pharmacist Charged with Drug Trafficking

Drugs can be some of the most addictive substances in the world, and unfortunately, when put in the proper place at the proper time, an addict as a pharmacist can be like a fox watching over a hen house. However, if one is charged with a similar offense, one should contact an experienced attorney to fight for one’s case and get the help and defense one needs.

According to the Florida Times-Union, Robert N. Classon, a pharmacist for Baptist Medical Center Beaches has been charged with drug trafficking. This charge comes after a Baptist manager reported that some drug inventory went missing, after which further investigation showed Classon was responsible. pill_bottle_and_pills1.jpg

Drug crimes in Jacksonville tend to be more common, as drugs tend to be the most common illegally transported good in Jacksonville. However, what is interesting and unfortunate about this case is that Classon himself is addicted to the substance that he was trafficking: hydrocodone.

Classon has been charged with drug trafficking, which means that Classon was transporting drugs and distributing hydrocodone; however, there is no evidence that Classon actually sold any of the hydrocodone. The police who arrested and took the report believe that Classon was selling, because of the amount of hydrocodone missing.

Pharmacists like Classon are expected to uphold an ethical and professional code and to not abuse the drugs that they are placed in charge of. However, behind the white coats and the profession itself, a pharmacist is still human. The desires of a pharmacist are human desires; they are prone to weakness. Classon is just like any other person who fell short and became addicted to a substance.

The same weakness that resides in most of Jacksonville’s residents resides in pharmacists as well. However, people accused of drug use, distribution, and/or trafficking, will sometimes be viewed as outcasts in society, as well as the law. However, people such as Classon, are people. They, like everyone else, make mistakes.

Classon needs rehabiliation, not a jail cell. Many defense attorneys, given Classon’s situation, will run. Classon was caught on camera taking hydrocodone out of pre-filled syringes and refilling them with Robitussin DM, on days when he was not supposed to be receiving shipments of hydrocodone. Given these facts, most defense attorneys will see no reason to defend someone in this situation.

However, an experienced Jacksonville drug crimes attorney will see a way to at minimum lower the charges and increase the probability that the accused will be given a rehabilitation measure rather than a jail cell. Do not risk your defense. Contact an attorney who believes in helping those who deserve an aggressive defense and helping one’s rights be protected.

Continue reading "Addicted Jacksonville Pharmacist Charged with Drug Trafficking " »

January 16, 2012

Jacksonville Juvenile Gunned Down After Attempted West-side Robbery

Jacksonville’s juveniles can have some extreme thoughts about obtaining what they want. Even though the actions juveniles choose are most of the time non-violent, sometimes the results of those non-violent actions can be deadly to the juvenile. When this happens, one should contact an experienced Jacksonville juvenile crimes attorney to mount the best defense possible for their deceased love one.

According to the Florida Times-Union, Jacksonville police gunned down a 17 year-old who held up a West-side convenience store with a fake gun. The 17 year-old, Craig Ruise, was shot by two officers after the teen was said to have been holding the store up at gun point at around 3am. photo_4.jpg

Jacksonville juvenile cases can be quite difficult to deal with, and as this case in particular shows, juvenile cases can be quite heart-breaking. Ruise was carrying a plastic Colt 1911 handgun, which police mistook for a real gun, as it was painted black. The police shouted for Ruise to drop the weapon, which when Ruise failed to do so, the police officers shot him.

Jacksonville police actions have been scrutinized for many years, and for good reason. Many people from Jacksonville have had run-ins with the police that could have ended very differently, had the actions of that officer or set of officers been more thought out.

Many law enforcement officials, when considering facts similar to Ruise’s unfortunate case, will say, like Jacksonville police’s Chief Hackney said, that the police responded in the proper manner. However, police do not often consider without a superior suggesting it, that alternative methods of subduing suspects could and should be used.

Jacksonville police have at their disposal the ability to tase, bean-bag, or at least partially wound a suspect without fatally wounding them. However, most police officers, when put under the pressure, will react at the first remedial measure available: a gun.

The actions of some police officers tend to be just assumed right and the actions of the accused or deceased assumed completely wrong. However, in many situations, the police officer’s actions should be more scrutinized, specifically those cases with fatal consequences.

Many gun cases are similar to Ruise’s, even those that are not fatal. Most tend to be cases where the accused was not given time to put down the weapon, the police thought that the accused was acting in a way that seemed threatening, or the police felt that the problem of the accused needed to be dealt with more aggressively. Whatever the case, the accused in these cases tends to suffer at the hands of the police rather than the hands of the judicial system.

Continue reading "Jacksonville Juvenile Gunned Down After Attempted West-side Robbery" »

January 15, 2012

Florida Prostitution Scheme Shut Down, Two Arrests

Jacksonville is a city filled with those who, in a down economy, will look for any way to make money. Sometimes, the manner by which they make that money is illegal. No matter what the manner, if one is accused of such an illegal activity, one should contact an experienced attorney to fight for their case.

According to the Sun Sentinel, a Lake Worth couple have been charged with engaging in prostitution by way of an apartment. Miguel Gomez Miranda is being charged with living off of the earnings of a prostitute, while Sandra Peralta is facing base-line prostitution charges. They were caught by an undercover police officer who posed as a potential client. Desolation%20Row.jpg

Sex crimes cases can range from very simple offenses such as sexual assault, to running elaborate prostitution rings. No matter what the particular crime one is charged with, one needs to contact an experienced Jacksonville Sex crimes attorney so that they have a defense to the crime in question, no matter how bad the charge is.

The crime of prostitution, found under Florida Statute 796.07, is punishable as a second degree misdemeanor, which brings fines of $500 and up to 60 days in jail. However, these punishments can be lessened if one’s attorney has experience with the particular judge one will go before, as well as the ins and outs of one’s case and all possible defenses.

In many sex crimes cases in Jacksonville, one can poke holes in the State’s argument. However, in some cases, such as this prostitution case, one may seem to be caught with every bit of evidence that the State needs for a conviction. In this case, an undercover agent swooped in and caught not only Miranda but Peralta as well, in the act, with Miranda soliciting as a pimp and Peralta as the prostitute.

The odds may seem like they are against you in a case like this. However, some of the best mitigating factors in a case are not always the most legally based. In this case, it is easy to see that the economy can a major mitigating factor. Both Miranda and Peralta could be in desperate need of money and saw no other way to escape the economic downturn.

Furthermore, an experienced attorney can show you your options and make sure thaat you are not without an acceptable outcome. In Peralta’s case, she held that she was innocent and was released on her own recognizance, meaning that she would not pay bail but give her word that she would appear for court. This is a normal procedure for when the court does not see the defendant to be a flight risk.

However, Peralta had other options. Peralta could have simply plead guilty, paid a small fine, possibly never served jail time at all, and been able to move on with her life. However, she did not obtain an experienced attorney who would steer her in the right direction. Now she will have to face more court dates. Do not let one’s self fall into the same kind of situation like Peralta did.

Continue reading "Florida Prostitution Scheme Shut Down, Two Arrests " »

January 13, 2012

Supreme Court May Change Drug Dog Use For Search Warrants In Jacksonville

Jacksonville, like many cities throughout the United States, have very sophisticated K-9 units, trained to sniff the slightest smells of drugs and other illegal contraband. However, these highly trained animals are causing some constitutional controversy. This controversy is currently making it’s way to the Supreme Court.

According to The Wall Street Journal, Joelis Jardines was arrested for possession of marijuana plants in his home. The arrest came after the police had received an unverified “crime-stoppers” tip that Jardines was growing marijuana in his home. The police brought a drug dog to the door, the dog smelled drugs, and almost solely on the dog’s alert, the police obtained a search warrant. Drug-Dog2.jpg

Warrant cases in Jacksonville can range from bad arrest warrants, improper search warrants, searching the wrong address with a search warrant, and more. No matter the particular warrant case, one should seek an experienced attorney to mount one’s case and make sure one’s constitutional rights are protected.

There are many different types of warrants, but all focus around one particular theme; there must be probable cause for the police to obtain the warrant, be it for searching one’s house, arresting someone, or tracking someone down.

The main theme for the controversy however, is where that probable cause comes from. Under the 4th amendment of the U.S. Constitution, citizens of the United States have “the right...to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...shall not be violated, and no Warrants shall issue, but upon probable cause...”

This means that not only can a person’s house and personal items not be searched without probable cause, but that these are the strongest of one’s 4th amendment rights. People have the right to feel protected in their homes without having police intrude on them unreasonably.

In Jardines’ case, the police had no evidence to obtain probable cause to get the search warrant they had, except for the drug dog’s alert. Police have been able to get around entering one’s home through this manner, because neither the police nor the dog actually enters one’s home.

This is not the only manner in which police have obtained probable cause for search warrants. In one major case, police used a thermal imaging device to see into the home of a suspect the police believed was growing marijuana. The thermal imaging device has since been struck down by the courts as a violation of one’s rights to unreasonable search.

Continue reading "Supreme Court May Change Drug Dog Use For Search Warrants In Jacksonville" »

January 12, 2012

Limiting Jacksonville Police Discretion after Texas Eighth Grader Gunned Down In School

Jacksonville police are highly trained and are in mass numbers to protect and serve our city. However, many times police overstep their bounds and abuse their discretion, ending in the death of Jacksonville’s citizens. When this happens, one should obtain an experienced attorney to fight for their case and make sure that the one that is deceased did not die in vain.

According to The Florida Times-Union, the Texas police gunned down Jaime Gonzalez, a 15 year old eighth-grader, in the hallway of his middle school. The police arrived on the scene after a report that Gonzalez was brandishing a firearm in the school. Police arrived on the scene, where there was a statement made that Gonzalez was willing to die; police shot Gonzalez soon after. AK887.jpg

Police discretion in Jacksonville, as well as other areas around Jacksonville tend to be less strict than other areas where lawmakers have more control. Many law enforcement experts agree that when a suspect raises a weapon and does not put it down when requested to by police, the police are justified in taking the suspect’s life. However, just because deadly force is justified does not make deadly force necessary.

Police have the duty to protect society from dangerous people; however, dangerous people, no matter what they have done, have rights, both constitutional and fundamental. One of these rights is the right to live. It is for the court to decide through criminal proceedings whether someone’s life should end, rather than a police officer who sometimes acts as the final judge.

In the case of Gonzalez, Gonzalez was brandishing a pellet gun and refused to put the gun down. However, the police say they thought that this was a higher caliber weapon. Even though Gonzalez had not at any point fired a shot, he was still gunned down because the police believed he was dangerous.

There are many ways by which the police are able to subdue someone dangerous, for example tasers, gas, bean bag guns or other various methods. However, these methods are not first considered before using deadly force to subdue the suspect. Because of these decisions, be it from the supervising officers or the individual officers facing the suspect, many die, forever stopping their right to a trial.

According to Gonzalez’s school district superintendent, Gonzalez was not a bad child. Gonzalez was simply a child who made, maybe a crazy decisions, but a decision nevertheless, that cost him his life. Gonzalez could have been subdued, had a trial, and then gone through rehabilitation, rather than meet his very unfortunate end.

Continue reading "Limiting Jacksonville Police Discretion after Texas Eighth Grader Gunned Down In School" »

January 10, 2012

Animal Cruelty Crimes Spread to Hoarding in Jacksonville Area

Jacksonville is a place full of animal lovers and animal enthusiasts. However, this city can also be a place with the occasional animal hoarder. No matter which category fits the accused, if someone is accused of animal cruelty, they should contact an experienced attorney to defend them and their rights.

According to the Sun Sentinel, Virginia Louise Robison has been charged with three counts of causing cruel death and suffering to an animal and three counts of unlawful confinement and abandonment of an animal. The charges came after a report of three “emaciated” cats living in Robison’s home Jupiter Ridge. sad_cat-atyg3%281%29%281%29.jpg

Jacksonville Animal Cruelty Crimes can range from the more common reports of dog fighting to the now more common hoarding practice of more than a healthy number of pets, be it cats, dogs, birds, or other household pets. No matter what the particular pet one hoards, the penalty for the practice can be staggering.

Animal Cruelty is covered in Florida Statutes 828.12. Animal Cruelty, under this statute, is when a person unnecessarily deprives, overloads, overdrives, or torments animals, or, in Robison’s case, causes the death of the animal. However unfortunate the case may be for the animals, Robison still has rights that should be protected.

Robison fits the definition of an animal hoarder, or someone who collects in massive amounts pets that they cannot take care of by themselves. Law enforcement officials knew this of Robison before her arrest. A search warrant had been served at her home previously, where the 18 emaciated cats were found. When questioned over the phone about the cats, Robison said that she was trying to find homes for the cats.

Most hoarders, like Robison, have good intentions when it comes to the hoarding of these animals; however, they do not have the means of taking care of them like they should be. Unfortunately, the law does not take into account good intentions. The law sees these matters in black and white, particularly when it comes to punishment for animal cruelty.

Animal cruelty under 828.12 is a first degree misdemeanor offense which carries up to a year in jail, and fines of up to $5,000. However, penalties such as these do not fix the problem. People convicted of animal cruelty cannot be helped through sitting in jail. Hoarders need psychological rehabilitation rather than jail-time, which will only improve the person convicted of hoarding, as well as society.

With an experienced Jacksonville animal cruelty lawyer, the accused, like Robison, will have options. An attorney with experience in this area will be able to work with the Judge and prosecutors to figure out a rehabilitative method for helping the hoarder, the animals, and society, rather than merely postponing a possibly recurring pattern of animal cruelty.

Continue reading "Animal Cruelty Crimes Spread to Hoarding in Jacksonville Area" »