Jacksonville Criminal Attorney Blog

Gabriel Alvarez of Miami pleaded guilty to burglary and conspiracy for taking copper from a vacant Muhlenberg Township warehouse on Oct. 20, 2011. Alvarez was caught up in a multimillion-dollar criminal enterprise involving thefts of industrial copper wire in at least six states. A total of 11,800 pounds of copper valued at $103,000 was taken during that burglary and another on July 25, 2011, from an unconnected warehouse. The Assistant District Attorney asked the Judge to sentence Alvarez to up to 23 months in county prison followed by five years of probation. However, the Judge granted probation only because Alvarez only rode along in the truck from Miami and acted as a lookout.

In Florida theft cases, there are many parts that one can play. One can be the main thief or one can be the getaway driver. These levels of involvement play into one’s level of punishment in the criminal system. These differences come in the classifications of Accomplices, Accessories, Aiders and Abettors, and Principals.

The main actor in a theft crime is normally considered the principal the persons assisting in the crime are known as accomplices. Technically, an accomplice is one who intentionally helps another to commit a crime. Even if one does not carry out the crime, in the eyes of the law the if one has given any pre-crime assistance, that makes one just as guilty as the person who does the deed itself. To be convicted of being an accomplice, the State must prove that one intentionally aided in the commission of a crime. This means the State must prove one realized the principal was going to commit a crime and that one intended to help the crime succeed.

To distinguish the criminal culpability of the different levels of accomplice liability, there are specialized terms for the levels of liability involved depending on one’s status of accomplice. To be charged as a principal, the State must prove one was the person who actually carried out a crime. In order to be charged as an aider and abettor, the State must prove one was a helper who was present at a crime scene but in a passive role, such as acting as a "lookout."

Many times, outside help in a crime comes after the crime has already been committed. To be charged as an accessory after the fact, the State must prove one knew that a felon has finished committing a crime and helps the felon avoid arrest or trial. Remember, many times, the crime committed must be a felony; a misdemeanor many times will not meet the charge and must therefore be dismissed. Accessories after the fact face far less punishment than accomplices or principals.

The arrest for stealing copper may come with felony charges in this situation; however, the level of involvement has to be considered when rendering punishment. Many times, the State operated legal system overexerts itself on criminal defendants, particularly for theft charges

In this particular case, Alvarez was being pursued by the State attorney who was clearly alleging more involvement than what Alvarez allowed himself to be before and after the completion of the crime. The evidence usually can be tricky for someone accused of theft crimes of this type. If one is under investigation or has been arrested on robbery charges, one will need to obtain an experienced Jacksonville theft crimes defense attorney to fight the case.

Continue reading "Florida Man Sentenced To Five Years Probation For Being “Lookout” In Copper Wire Theft" »

Palm Beach County Circuit Judge Barry Cohen sentenced a remorseful Dejean Myrtil, 29, to three years in state prison for three counts of lewd or lascivious battery and one count of battery of a child.The sex between the Boynton Beach charter high school employee and the sophomore student broke the law. But because the victim was a "willing participant," Myrtil received a much lower sentence than normal.

In many sex crimes cases, the person charged with a crime is simply someone who acted unwisely on impulse. Many of these kinds of cases involve teachers who give into temptations they have and are aroused by mature looking students who attract them. For many, it is hard to say no.

Many times, the court will require an unreasonable bond, because the accused is painted as an alleged danger to society, especially in and situations involving school teachers, who have authority over a student, and are well known at their school by the students. However, just because the school has initiated investigatory proceedings for an alleged sex crime, that does not mean that should be treated any different than that of any other defendant charged with the same crime. One has rights.

Many Jacksonville sex crime defendants will face the same type of treatment from Prosecutors who can be over-zealous. The only logical choice in this situation is to fight the charge. One needs a knowledgeable and experienced Jacksonville sex crimes attorney to fight the case. Don’t allow your life to be ruined by a sex crimes charge. Defend yourself.

An experienced defense attorney with local knowledge should be able to counsel a client or prospective client on the probability of success. One’s opportunity for an early termination certainly increases if the victim and the state attorney do not oppose the motion for early termination. In the motion, the defense attorney should state at the bottom of the motion if the prosecutor is opposed to the early termination request.

Conviction of a sex crime can mean mandatory and often substantial prison time, and lifetime registration as a sex offender or sexual predator. Even after one completes one’s sentence, one may have difficulty finding employment and a place to live. One needs technical knowledge and experience to defend against these devastating charges.

In this case, Myrtil pled to three counts of lewd and lascivious battery and was sentenced to three years of state penitentary. From this example, one can see that not only did Myrtil received some punishment, but also received a far-lighter sentence than what he was originally exposed to. Though sometimes controversial, Judges may be more favorable to a defendant who shows remorse and progress in the right direction.

Continue reading "Florida Teacher Sentenced To Three Years For Lewd and Lascivious Battery" »

According to an analysis by the American Civil Liberties Union, The racial disparity in marijuana arrests in some Florida counties, particularly Alachua County, are among the highest in the state and above the national average. Law enforcement officers in Alachua County arrest more than six times as many African-American defendants as white defendants on marijuana charges, although research shows use of the drug is about as common among African-Americans as whites.

In states all across the nation, marijuana cultivation, distribution, and usage has seen a decrease in state prohibition, and such decrease in arrests has saved thousands of taxpayer dollars in court costs and filing fees for the court system, as well helping end the thousands of cases of accused who were filling the court dockets for a simple misdemeanor marijuana possession charge. Before state decriminalization of marijuana in states like Washington, California, and Colorado, cities with a significant number of cannabis users, like Seattle, would suffer from backlogs of marijuana cases.

For many of different races, marijuana charges were brought sooner and much heavier. In cities like Seattle, 58% of the backlogged cases involving marijuana charges were African-American defendants; African-Americans only account for 8% of Seattle’s total population of 635,000. Some of these arrests were probably repeat arrestees who were being hassled by law enforcement.

Blacks in counties all across Florida are much more likely to be arrested for marijuana than whites, leaving many Florida counties with high racial disparities in their arrest records. No matter what one’s skin color may be, there are certain factors that may make one look like a target for a drug arrest. Profiling is not an acceptable practice; however, because it is still practiced, one should know what to do when stopped or frisked by police.

For many law enforcement agencies, an arrest is an arrest. The officer is being paid the same amount of overtime for an easy arrest as they are for a difficult arrest. In the mind of a police officer, what is the point in expending time and energy into arresting a violent criminal or group of criminals, when one can bully a teenager with a bit of weed in his pocket into submission?

For many potential arrestees, the situation can come out of nowhere, from being pulled over while driving down a Jacksonville road because the officer “smelled marijuana,” or being stopped by law enforcement while walking down the street, immediately followed by a number of harsh and accusatory questions and without one even saying anything, a law enforcement officer begins searching one’s pockets for drugs. Remember, these searches are illegal. You have rights. Exercise them.

Remember that one has does have a choice in obtaining an attorney to represent one. However, one should not obtain just any attorney. One charged with a crime of this nature should contact an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses against self-incrimination are known and protected.

Continue reading "ACLU Report Shows Florida Counties Still Have Great Divide In Racial Disparities For Marijuana Charges" »

Kevin Foley, a 21-year-old who has been hooked on heroin for nearly two years, stood before a judge in Broward County’s drug court and pled with the Judge for counseling and what he hoped was his next, clean chapter. Before that, he was popping oxycodone and other prescription pills snapped up as Florida become a bustling marketplace of illegal pill mills. He turned to heroin after his drug of choice became too expensive. “I was chasing the next high,’’ says Foley, who landed in drug court after a heroin possession arrest in December. “I wanted to try it all.”

Heroin is inching back in Florida, the unintended consequence of the state’s epic war on prescription pills. Now, with Florida officials successfully slowing the supplies, shutting down the pill mills that masqueraded as pain centers and arresting thousands of addicts and even doctors, heroin has become a popular substitute.

Possession of heroin in Florida is a third degree felony punishable by up to 5 years in state prison and a fine up to $5000.00. Possession of more than 10 grams of heroin is a first degree felony with a maximum penalty of incarceration in state prison for up to 30 years as well as a fine of as much as $10,000. In addition to a long jail sentence and fines, you will also have your driver’s license suspended for two years if you are found guilty of heroin possession.

One of the biggest violations the police participate in when attempting to prosecute these cases is violation of one’s constitutional rights. If the police violated the Fourth Amendment by searching you or your home without a warrant or proper cause, or attempted to entrap one in a sale of these drugs, then the evidence collected can be kept out of court. Without evidence, the prosecutor cannot meet the burden of proving you committed the crime.

Many times in cases like this, the person charged with being a major player in the scheme is a peripheral “co-conspirator,” or a person who was most likely an addict themselves simply doing what their bosses told them to do without knowledge that their part in the sale was part of a bigger money-making scheme. Prosecutors may overlook those facts, casting as wide a net as possible. In doing so, weak cases may be pushed as part of the public relations campaign put on for the media. Following coverage of raids and arrests, the media is nowhere to be found when defense attorneys are successful in having the charges reduced or dismissed because of a lack of evidence or other weakness in the state’s case.

Many times, the accused is merely addicted themselves, crying for help. The DEA may be trying to clean these offenders up similar to what other drug sting operations are doing throughout the state. However, new drugs will take over and subsequent charges will be brought. But, that does not mean that one’s hope for a treatment program is out of reach. There are options other than a jail cell. An experienced Jacksonville drug crimes attorney can provide those options.

Continue reading "Florida Man Testifies About Switch From Pills To Heroin Because of Law Enforcement Crackdown On Pill Mills" »

David Allen Jensen, 41, who has no permanent address, faces charges of burglary and throwing a deadly missile into a building after allegedly throwing a small doughnut-shaped piece of concrete, used to protect sprinkler heads, at the Hilton St. Petersburg Bayfront hotel at about 1:30 a.m. According to the arrest affidavit, Jensen claimed he was trying to get inside because zombies were chasing him. Around the same time, security officers nearby reported they allegedly saw Jensen trying to open doors to a number of cars. Police said Jensen admitted to entering a yellow 1991 Mercedes because he was trying to steal tobacco.

According to Florida Statute 790.19, one may be properly convicted of throwing a deadly missile if the State Attorney proves the following beyond a reasonable doubt:

- The Defendant shot a firearm, threw a missile, or projected a hard object that could cause great bodily harm.
- The object was fired or thrown at a building, bus, train, boat, or aircraft, AND
- The act was wanton or malicious.

The biggest problem of proof in such cases is the phrase "would produce death or great bodily harm". It's a problem for two reasons. First, the state often confuses the term "would" with the term "could". Just because something thrown "could" produce death or great bodily harm does not mean that it "would" do so. The statute requires proof beyond a reasonable doubt that the object "would" produce death or great bodily harm. Second, proving an object to be "deadly" or "causing great bodily harm" is a judgment call that rarely fits the facts alleged by law enforcement.

Many common scenarios for this charge include throwing rocks off of an overpass (commonly seen as a juvenile charge), or shooting a firearm at an occupied vehicle or occupied house (drive-by shooting). If an individual or group is targeted, additional charges could follow such as aggravated assault with a firearm, aggravated battery, or even attempted murder. Obviously, if somebody dies as a result of throwing or shooting a deadly missile, one may be charged with second-degree murder or manslaughter.

Remember, not all objects that are thrown at people, dwellings, or other places that may be occupied, are actually dangerous, but can sometimes be misconstrued as a missile. Whenever something is thrown causing damage, State prosecutors many times assume the crime of throwing a deadly missile was committed. Remember, the statute requires one throw an object that "would" cause death or serious harm. Unfortunately, many times the charge is analyzed under the "could" cause death analysis.

Many times throughout Jacksonville, the accused is just someone who has a legitimate or in Jensen’s case, an altered sense of fear for their life because of an altered mental state, either from drugs or a number of various mental conditions or illnesses that they cannot unfortunately change. Fortunately, if one obtains an experienced Jacksonville throwing deadly missiles crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one may not win on one’s own.

Continue reading "Florida Man Charged With Throwing Deadly Missiles After Allegedly Attempting to Escape Zombie Attack" »

Harrison Preston of Florida is not only a victim of others crimes, but a victim of his own mistakes. First, Preston got jumped at a convenience store, was beaten so bad that an ambulance had to be called to the scene. When the EMT arrived and attempted to secure Harrison in the ambulance, he found a bag filled with 31.2 grams worth of marijuana, some of which was “stuck in Preston’s pubic hair” according to the police report. Preston was charged with felony possession of marijuana.

Marijuana is one the most popular recreational drugs in Florida, and many criminal charges can arise from possession or use of the drug. One of the most common marijuana charges in Jacksonville and across Florida is simple possession. Many people have misconceptions about possession and the differences in felony possession and misdemeanor possession.

Although marijuana has been legalized or at least decriminalized in other states, Florida still punishes the mere possession of marijuana. In fact, Florida has some of the harshest cannabis laws in the country, making it important for anyone who might have already, is currently, or might soon in the future face a charge of marijuana possession to be aware of the differences.

Misdemeanor or “Simple Possession” is known as actually or constructively possessing less than 20 grams of marijuana. A conviction of this offense can result in a misdemeanor of the first degree, which exposes one to jail time of not more than one year, and/or fines up to $1,000. Felony Possession is defined as actual or constructive possession of marijuana more than or equal to 20 grams, and committing this act can result in a felony of the third degree, exposing one to prison time of up to five years, and/or fines not exceeding $5,000.

Normally, where there is smoke, there’s a smoking device, and as such, a paraphernalia charge. Possession of Marijuana Paraphernalia is a misdemeanor of the first degree. Some examples of marijuana paraphernalia can include papers, pipes, marijuana grinders, bongs and roach clips.

There are many other penalties other than jail time that many do not know and those that do do not think about. On of the biggest penalties one may face from a drug charge is the revocation of one’s driver’s license. Other penalties can include:

- Ineligibility from some government employment unless registered in a drug treatment program,

- Ineligibility to receive certain scholarships for further education and state financial aid.- A ban for five years from adopting or becoming a foster parent in Florida,

- Inability to receive certain permits, licenses or certifications for certain felonies unless registered in a drug treatment program,

- A ban for three years from public housing, and/or

- A lifetime ban from owning a firearm for certain marijuana felony convictions

One in a situation such as this should obtain an experienced Jacksonville drug crimes defense attorney when fighting Florida’s marijuana laws. The evidence usually does not look good for someone accused of possession of marijuana; however, if the police mishandled the evidence in any way, the evidence may be excluded, making a marijuana charge hard to prove if there is no marijuana as admissible evidence. If one is under investigation or has been arrested on drug charges, one will need to obtain an experienced Jacksonville drug crimes defense attorney to fight the case.

Continue reading "Florida Man Arrested For Embarrassing Marijuana Charge After Being Beaten Up at Convenience Store" »

Alexander Robert Quintero of Tarpon Springs was arrested and charged with retail theft and unlawful possession of a concealed handcuff key after leaving a Sweetbay Supermarket with a rotisserie chicken. Quintero allegedly went into the grocery store and walked past all the registers as he took a $7.49 rotisserie chicken without paying for it. When he came back later that night to return a stick of deodorant, two store employees recognized him. While under arrest, investigators discovered a handcuff key disguised as part of a silver bracelet Quintero was wearing. He admitted it was his key that he used to detain a friend that “gets crazy sometimes.”

A very common situation for Jacksonville shoplifting accusations to occur is not when the act itself is said to occur, but when the accused returns to the store, either thinking they have gotten away with something unnoticed, or they have no clue that something slipped out of the store with them unnoticed by them and unpaid for. These are common situations that occur at grocery stores, as seen in the example above, or other highly frequented stores, such as gas stations and restaurants.

When a store employee or Loss Prevention Officer challenges one by asking one to return to the store because they think one lifted an item off the shelf without paying or deceptively switched the price tags, remember they are not police officers. They do not and will not have your best interests at heart; they work for the store and they have a bias. They will attempt to have one waive one’s rights by making a statement, either written or oral.

Because the procedure for loss prevention in many retail stores differs from proper police procedure, sometimes, the accused shoplifter may think that if they write a statement, the problem can be settled quickly without police involvement. All one does is dig oneself a bigger whole. One is not obligated to give store personnel any information. In many cases the police are called regardless of whether one actually cooperated with store personnel or whether one actually stole anything or not.

The following illustrates a very common and unfortunate situation where law abiding citizens are accused of shoplifting crimes:

A busy parent is shopping at Winn-Dixie with three young children. The parent is trying to watch the children while reading the shopping list or talking to their spouse. While turned away, the child picks up an item and places it in the shopping cart, eventually being covered up by something else, being lost from view. The parent pays for all the items they thought was in their cart and walks out the door, not knowing they failed to pay for everything in the basket. However, the parent is met at the door by loss prevention officers who accuse the parent of theft from their store.

Where one is grilled with questions from a loss prevention officer who automatically believes that one stole from the store or from a police officer arriving on scene that thinks one stole from the store, many times innocence is hard to prove. Regardless of one’s innocence, the officer will side with the store, many times because of all of the previous shoplifting cases they have seen.

Fortunately, if one is in such a situation like this and one obtains an experienced Jacksonville petty theft defense attorney, one’s attorney will be able to challenge the evidence against one, including witness testimony, questioning the conduct and manner of the arrest or search, or how evidence was handled by law enforcement.

Continue reading "Florida Man Accused Of Stealing Rotisserie Chicken and Possessing Handcuff Key For “Crazy Friend”" »

John Parks of Florida is accused of of submitting false documents to the secretary of state's office to unlawfully acquire 12 businesses. Parks would find these victim businesses by looking up delinquent firms on the Colorado secretary of state's website. Once he found the businesses, Parks then allegedly used his name and the identities of others to submit unauthorized statements curing delinquency and acquired the delinquent businesses by paying a fee and changing the business address and/or the registered agent information.

Forgery, or uttering a false instrument, is a serious offense, punishable as a felony in Florida and all across the United States. Forgery in Florida involves the making, altering, use, or possession of a false writing in order to commit a fraud. It may be perpetrated in many ways, from signing another person's name on a check to falsifying one's own academic records.

Because our society relies heavily on the ability to produce and exchange legitimate documents, forgery can have serious and far-reaching negative consequences on businesses and the consumers that use them. Customers may not be getting what they think they are paying for in a product and employees may not receive their income for work they put into an illegitimate business. For these reasons, forgery is a serious criminal offense that is punishable as a felony.

In order to be found guilty of forgery, there are several elements that the State attorney must prove including:

- Making, altering, using, or possessing

- a false writing

- with the intent to defraud

In this case, Parks is accused of using multiple people’s signatures on various documents, making material alterations constituting misrepresentation of the identity of the person who signed the document. Deleting, adding, or changing significant portions of documents may also be "material" alterations, if these changes affect the legal rights or obligations represented in the documents. In Florida, this means a felony charge of uttering a forged document.

In order to be convicted of forgery, the accused must have actually forged documents of some legal significance affecting legal rights and obligations, including deeds, conveyances, and receipts; financial instruments such as currencies, checks, or stock certificates; and other documents such as wills, patents, medical prescriptions, and works of art. Remember, if one is accused of forging a signature on a non-legal document, such as a letter or list of people, one is probably not guilty of forgery, because the document lacks legal significance.

Forgery is considered a felony in Florida and is punishable by a number of penalties including jail or prison time, significant fines, probation, and restitution payments to any of the victims for money or goods stolen as a result of the forgery. Many judges will determine the most appropriate punishment for a given crime. As such, the penalties for forgery may range from probation and community service for a minor forgery offense, to up to five years in prison and expensive fines.

Additionally, forgery is a crime of dishonesty, and it will stay on one’s public criminal record and could show up in any background search. A future employer, landlord, or creditor who sees the charge will not only know one has been convicted of a felony, they're also more likely to believe one is dishonest and cannot be trusted.

In forgery crimes, the evidence usually something that an experienced attorney can use to defeat the State, especially showing that the accused did not in fact know the document was forged. If one is under investigation or has been arrested on forgery charges, one will need to obtain an experienced Jacksonville forgery crimes defense attorney to fight the case.

Continue reading "Florida Man Accused of Falsifying Documents to Acquire Twelve Colorado Businesses" »

Jason Friedman, a man at the center of an adverse possession case, is accusing the Palm Beach County Sheriff's Office of overreaching after deputies ordered him away from what seemed to be an abandoned home and arrested him. Friedman was attempting to occupy a home that appeared to be vacant and abandoned when he filed for adverse possession earlier this year. Friedman said the home's actual owner had the police force him out less than two weeks after he filed for adverse possession. The deputy told Friedman’s wife, "You have five minutes to get all of your property and get out of this house or I'm taking you to jail."
Friedman had to return to the home to reclaim his family’s possessions and was charged with several crimes, including burglary and theft.

Adverse Possession is the act of legally taking and removing someone elses right to their property, either from abandoning the property, or from sleeping on their rights. An adverse possessor can acquire title in spite of the true owner’s intent. Adverse possession laws are centuries old and, in Florida, the bar is set high. To adversely possess a property or home, the home has to be abandoned, the possessor has to have lived on the property for seven consecutive years, and its taxes have to be current. Friedman said he had not lived in the home for seven years or paid its taxes.

Many homes throughout Florida are summer homes owned by elderly individuals all across the nation. When elderly people become sick, the interests they manage, including homes and vehicles, become disorganized and are many times overlooked by other family members. Because the Florida legislature does not want Florida homes to sit empty, those who would occupy the property and actually use it are rewarded.

In this case, and like many before it, the squatter is charged or may be charged with trespassing, burglary, or even theft of property from trying to exercise their rights as adverse possessors. In these cases, there are many defenses to burglary charges and theft charges.

All of the theft related crimes mentioned above are considered “crimes of dishonesty.” This means that one knew the property was not one’s own to either enter upon, touch, or take.

One of the defenses to theft from an adverse possession claim similar to this is equal ownership. A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. In a situation like this, if one is accused of these crimes, but one owns the property under what is referred to as “color of title”, or when one has been sold a house via a defective instrument, or bad deed, and one has recorded the bad deed in the official county records. If one has done so, one is not illegally trespassing or burglarizing anything. Under Florida’s pure notice statute, if one recorded the bad deed without knowledge that the home was occupied and paid taxes on it like every citizen does, on has superior interest in the house, and therefore cannot be shown to have the requisite knowledge or intent to trespass or steal anything.

If one obtains an experienced Jacksonville theft crimes defense attorney, one will have a strong chance of obtaining a favorable outcome, and will have the best defenses to what one is accused of, helping one get through the legal system, possibly without any conviction whatsoever. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Continue reading "Florida Man Accused of Theft, Trespassing, and Burglary Crimes in Adverse Possession Case" »

South Florida police reports from the past five months show that of 13 men who were robbed by Flirty women meeting men at upscale bars, scamming invitations back to the men's homes, then making off with Rolex watches, iPhones, cameras, handguns and credit cards. The women they took home allegedly drugged them.

A very common theft crime in Florida is mugging. This offense is a "crime of dishonesty" that can be charged as a misdemeanor or felony, depending on a number of circumstances and prior convictions of the accused. This type of theft normally involves a scenario where one steals or tries to steal property from a person in many cases without force, and sometimes with force. Grand Theft involves taking property or goods valued over $300, meaning this crime can be charged as a first degree felony if certain factors are present. Many times, what was intended to be a mugging may turn into an armed robbery.

Proper Robbery arrests in Florida should result from a theft coupled with a threat, or use of force or violence. For many of the women that will eventually be accused of these crimes, the charges may be for armed robbery, as so were accused of stealing guns. Armed Robbery in Florida is defined as the criminal act of stealing another person's property, without consent, while in the possession of a weapon such as a gun or knife. The sentence for an arrest and conviction for robbery will depend on the prior criminal history of the accused, if one had committed prior violent offenses, the type of weapon that was used, if the alleged victim sustained bodily injury during the crime, and the value of the property stolen.

If one is found to have fired a weapon during the robbery, one may be serve a 20-year mandatory minimum sentence. The sentence one receives depends on many factors including prior criminal history, what kind of weapon was used, if there is a history of violent offenses, how much the stolen property was worth and whether or not the victim was injured. One can be certain that the armed robbery charges may be accused of will be taken seriously by the State, resulting in a hard fight to obtain a conviction.

The arrest for use of a firearm during a robbery may carry 3-year minimum if the person is a convicted felon and a 10-year minimum-mandatory sentence if the 10-20-Life sentence enhancement is charged. The discharge of the firearm may bring a 20-year minimum-mandatory, and if a serious injury results from the use of a firearm, a defendant may face 25 years with a mandatory-minimum up to a life sentence. Robbery charges are generally second- or third-degree felonies but can be up to a life felony, as well. Strong Armed Robbery (mugging) is the taking of property from the person or custody of a person by force.

In this particular case, for those women accused of stealing guns, the State attorney may allege that the women used the stolen guns in completion of the crime, possibly causing mortal fear in the victim. The evidence usually does not look good for someone accused of robbery of this type, especially if stolen items are found in a suspect's house or car. If one is under investigation or has been arrested on robbery charges, one will need to obtain an experienced Jacksonville theft crimes defense attorney to fight the case.

Continue reading "Florida Police Searching For South Florida Bar-Hopping Female Thieves" »

The National Church of God, a South Florida church hit by thieves for the second time in a matter of month, held church services in the sweltering heat this weekend. Despite lack of air conditioning, the members held services on Sunday, with every window and door open and the fans running. Members of the churched first realized their air conditioning was not working earlier in the week, during Thursday's service, and upon further investigation, discovered the air conditioning unit was gone.

An air conditioning unit can be essential to one’s comfort in the home. For many, air conditioning can be costly and the units themselves are quite expensive. Many times, thieves will steal those air conditioning units in order to make a quick but many times heft buck, either selling the unit as a whole or selling it in parts. Many times, the target of these sorts or crimes are old, abandoned, or temporarily unoccupied buildings, such as churches or other buildings that are only occupied on certain days of the week. Thieves will take air conditioning units for the copper wire, steel appliances, or other valuable metal that the thieves can find.

The crime of Dealing in Stolen Property in Florida, also known as Fencing, involves the buying and selling of property that one knows, or should know was stolen. The mere buying of property one know or should have known was stolen does not establish one was dealing in Stolen Property if there is no evidence that one intended to resell the property; however, one can still be convicted of either Grand Theft or Petit Theft for this knowledge.

. In the past, people could sell old units to salvage yards without question because of the value, and the salvage yards would break the A/C unit down and sell the parts or the metal. When selling an air conditioning unit to a junkyard, there need be no proof of title shown, making one question the legitimacy of the transaction, because one may be quickly selling stolen units to a junkyard. Many will sound the alarm to police. Others will turn their head. Task forces have been created in order to battle this ever popular and lucrative crime of metal theft.

Jacksonville police also use Craigslist and other communication forms as a way to investigate these crimes by going after those who advertise buying and selling air condition units, lawn mowers, and other easily stolen items that one has an unusual quantity of. Many of these advertisements, particularly regarding selling title-less cars on websites such as Craigslist are now against the law due to the recent change in the law.

In addition to the pretrial and trial defenses that an experienced attorney could raise in any criminal case, a specific defense to the crime of Dealing in Stolen Property is the defense of satisfactory explanation. In general, a person cannot be convicted of Dealing in Stolen Property if the person can satisfactorily explain how they came to be in possession of the stolen property without knowing that it was stolen.

In Jacksonville, someone could buy an air conditioning unit from a friend who works for an air conditioning company, but unfortunately, the friend stole the unit from his work. Just because one is in possession of stolen, does not mean that one necessarily dealt in it. The charge can be particularly tough to understand for many and may end in a more severe punishment than others, depending on the judge. These situations can sometimes leave some first time offenders in worse situations than second or third time offenders because of the judge they come before. In these situations, one needs an experienced Jacksonville theft crimes defense attorney to mount the best defense possible, so that no matter what judge one goes before, one will have a better chance of having a more favorable set of circumstances, possibly even acquittal.

Continue reading "South Florida Church Robbed Of Air Conditioning Unit " »

John Andrew Welden, the son of a Tampa-area fertility doctor, is accused of tricking his girlfriend into taking an abortion drug to kill her unborn child. Prosecutors allege Welden forged the doctor's signature on a prescription for Cytotec, relabeled a pill bottle as "Amoxicillin" and told the woman his father wanted her to take the antibiotic. This incident was said to have occurred after an ultrasound at Dr. Stephen Ward Welden's office that confirmed the pregnancy. The doctor is not accused of a crime.

If one has been charged with unlawfully taking another person's life, one may be exposed to some of the most severe criminal penalties available in Florida. One must be proactive now to prevent a guilty verdict and the severe consequences this charge could have on one’s future.

In this case, Welden is accused of murder under federal statute 18 USC 1841(a)(C), his punishment being guided by the Federal murder statute. 18 USC 1111(a), the federal murder statute, allows for death or life imprisonment if one is found guilty of first-degree murder. First Degree Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, may be considered worthy of a first-degree murder charge.

In Florida, Injuries to a fetus are charged in the same degree that injuries to the mother would be. In other words, an injury to the mother that would constitute manslaughter if she died could be charged as manslaughter of the unborn child as well. The punishments correlate all the way up to murder in the first degree. Florida considers any viable fetus an unborn child. Because this is a serious crime involving substantial potential jail time, it is essential to mount an experienced legal defense with the help of a Jacksonville criminal defense attorney.

Many crimes involving a fetus or newborn child being killed is in cases where one have been driving one’s vehicle recklessly or carelessly and accidentally kills another person, either the child, the expectant mother and fetus, or the fetus alone. One may be charged with vehicular homicide or vehicular manslaughter in this case.

Remember, police are normally not witnesses to crimes, including intentional conduct or accidents that cause death; normally, the police arrive on the scene after the fact. As such, law enforcement may be quick to assume guilt on the living party due to intentional conduct or recklessness. However, homicide cases are not always cases of clear cut guilt. One’s charge may be pled down to a second-degree felony or possibly even lower,, depending on the circumstances.

The State Attorney’s Office many times takes upon themselves the duty to “throw the book” at every potential criminal defendant within the legal system, bringing forward new forms of evidence of the crime as well as strong arguments of one’s guilt. As such, one should obtain an experienced Jacksonville criminal defense attorney to fight the case and ensure one’s rights are protected. If one obtains an experienced attorney, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

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