Jacksonville Criminal Attorney Blog

As a Jacksonville criminal lawyer who whose practice is 100% criminal defense, I am constantly dealing with police officers who have made decisions about my client's liberty and life. Police officers are one of the few class of people in our society who can kill you with virtual immunity and it is of vital importance that the men and women who wear the uniform be of sound mind and temperament.

JSO officer, Darin Bickle, has received a reprimand for unbecoming conduct and abuse of authority. He was mad at a Lowe's employee about the warranty on his pressure washer. When Bickle did not get his way, he told the employee he was a police officer, yelled, and pointed his finger in the employee's face. Bickle told the employee he is a police officer who helps people and this employee was about to help him. Bickle admitted he was out of control.

This is not Bickle's first problem at work. He was cited for incompetency 2 years ago and did not take appropriate action last year.

A police officer who gets "out of control" about a pressure washer has no business walking the streets of Jacksonville with a gun and the power to use it. What if he was in a high stress situation and loses control again?

Another JSO officer has been arrested in Jacksonville. Arnold Sharkey is accused of aggravated assault with a deadly weapon and aggravated domestic assault. Both are third degree felonies punishable for up to 5 years in prison. The alleged victim, Sharkey's wife, told police he waited for her to leave work. Her brother picked her up and Sharkey allegedly pulled in front of them and started swerving back and forth blocking their way. Sharkey then made a u-turn, getting behind them and used his car to hit the rear corner of their vehicle. His wife then told police that he struck their car again twice and flipped his car in a ditch. Sharkey's wife's brother gave the same story to police. Upon being questioned, Sharkey told police he was in "big trouble".

The state attorney's office has not made a decision about what to file, if anything, against Sharkey. When someone is arrested for a felony in Jacksonville, the state attorney's office has discretion on what criminal charges to bring. The state can elect to file the exact charges someone is arrested for, can reduce the charge to a misdemeanor, or drop the criminal charges all together. That is why it is important to contact a Jacksonville Felony Attorney as soon as possible after you are arrested in Jacksonville.

There are now 4 JSO officers facing pending felony charges in Jacksonville.

The State of Florida has a distinct set of laws protecting the elderly population and disabled adults. An elderly person is someone who is 60 years-old or older who is suffering from the "infirmities of aging". A disabled adult is defined as someone over 18 years of age who has a physical or mental incapacitation as a result of a developmental disability, brain damage, mental illness, or physical limitation.

There are several levels of crimes related to the elderly and the disabled. Elderly abuse occurs when someone intentionally inflicts physical or emotional injury on the elderly or disabled and that act could reasonably be expected to result in physical or psychological injury to that person. This is a third degree felony punishable for up to 5 years in prison. If someone willfully tortures, punishes, or cages a disabled person or elderly person, this is considered aggravated abuse and is a first degree felony. Neglect of an elderly or disabled adult is a third degree felony in Florida.

A Justice Coalition accounting manager has been arrested in Jacksonville for grand theft, a third degree felony. Terri Johnson is accused of stealing over $45,000 from the organization. The Justice Coalition considers themselves an advocate for victims of violent crimes in Jacksonville, such as homicide, rape, robbery, and aggravated assault.

The Justice Coalition publishes a newspaper called the Victim's Advocate. In it, they praise police officers and have a section called Shame, Shame, Shame. In this section, they publish pictures and names of people who have been arrested for offering for prostitution or soliciting for prostitution. In small writing, it says they "(h)ave not been convicted of the crime for which they were arrested. This information does not in any way imply or infer guilt". It is interesting that the Justice Coalition does not believe the words, "shame, shame, shame" do no imply or infer guilt.

Perhaps they should put Ms. Johnson's picture and name on the shame page or Jacksonville police officers who have been arrested in the past year. Here are the police officers with pending felony charges in Jacksonville:

Marc Garza - Felony Official Misconduct and Falsely Reporting the Commission of a Crime

David Cervone - Felony Official Misconduct and Falsely Reporting the Commission of a Crime

James Toner - False Imprisonment and Battery

An Avon Park police officer has been adjudicated guilty of a felony and sentenced to a year in jail. Adam Willis entered a plea to grand theft after he was arrested for taking a wallet from an unlocked car while he was on duty to protect the citizens of Florida.

There are many levels of theft crimes in Jacksonville and in all of Florida. A theft is committed if you knowingly obtain, use, or try to obtain property that belongs to someone else with the intent to permanently or temporarily deprive them of it. Depending on the value of the property, the crime can be a felony or a misdemeanor. If the value is under $300.00, it is a misdemeanor. If the value is over $300.00, it will be considered a felony grand theft.

When you are arrested in Jacksonville, you are entitled to go in front of a judge within 24 hours to review your detention. If you have been arrested for certain misdemeanors, such as petty theft, your bond is set by the jail. You can bond our prior to court and will get a future court date. If you have been arrested for domestic battery or DUI in Jacksonville, you will have to wait until you go before a judge to find out what your bond will be or if you are released on your own recognizance. (ROR)

The judge who is in first appearance can resolve misdemeanors only. That means if you want to enter a plea to the charge you were arrested for, you can. The judge or the assistant state attorney will make you an offer and you can enter a plea of no contest, a plea of guilty, or a plea of not guilty.

If you are facing felony charges in Jacksonville, you will also have to go before a judge to determine the terms of your release. The first appearance judge will not resolve any felony charges in that courtroom. You will be given a bond or released to come back on a future court date. During the time between your arrest date and your next court date, the state attorney's office will make a decision about what to do in your felony case. They can file the charges you were arrested for, bump the charges to a misdemeanor, drop the charges, or send you to a diversion program. That is why it is important to contact a Jacksonville criminal attorney as soon as possible.

Being a DUI lawyer in Jacksonville, I am very familiar with Florida's laws on the subject. The state of Utah apparently has different procedures to deal with impaired drivers. A police officer in West Valley City, Utah, was pulled over for suspicion of driving drunk. The highway patrol reported that Kory Newbold was speeding and illegally changed lanes. Once he was pulled over and observed by the trooper, he was asked to perform field sobriety tests. He performed poorly and refused to blow at the scene. Instead of being arrested for DUI and taken to jail, Newbold got a ticket for DUI.

In Jacksonville and all over Florida, you do not have the option to blow into a portable breathalyzer at the scene. Florida has found that these machines are not reliable and the only legal machines to blow into are at the police station. In Jacksonville, by the time you are given the opportunity to blow, you are already under arrest and no matter what you blow, you will have a pending DUI, have to bond out of jail, and fight your case.

Unfortunately if you are in Florida, once a police officer makes a decision to arrest you for DUI, you will not get a ticket, but will be put in handcuffs and transported to jail.

As criminal defense lawyers in Northeast Florida, we have represented thousands of people charged with battery crimes. The crime of battery is when you intentionally touch someone against their will or intentionally physically harm someone. A battery can be a misdemeanor or a felony, depending on the amount of injury inflicted or the amount of battery convictions on a defendant's record.

University of Florida football player, Gary Brown, was arrested in Gainesville, Florida this week on two counts of simple battery. Simple battery is a first degree misdemeanor punishable for up to one year in jail. Brown allegedly slapped one woman and scratched another.

Altamonte Springs police officer, Ashley Rowe, will likely be arrested for DUI causing bodily harm after an accident in December. While she was off-duty she hit a tree and her passenger was badly injured. When taken to the hospital, Rowe's blood was drawn and her blood alcohol level was .15, which is considered double the legal limit in Florida. Rowe has resigned from the Altamonte Springs police department.

As a DUI lawyer in Jacksonville, I see many DUI's causing serious bodily harm. An ordinary DUI or DUI with an accident with no injury is considered a first degree misdemeanor. If someone is injured in an accident and the driver who contributed to the accident in any way is intoxicated, the DUI becomes a felony.

In any accident where someone is seriously injured or someone dies, the police will take the driver's blood, with or without their consent. It usually takes the Florida Department of Law Enforcement one to two months to get the results. During that time, there are no criminal charges pending against the driver. They are free to do anything and go anywhere they want. As soon as the results come back and the blood alcohol level is .08 or over, the police will get an arrest warrant signed. In almost every case, they ask for a high bond to be set for the accused citing that the person is a danger to the community. Apparently, the accused was not a danger in the one to two months it took to get a blood result.

When you have a criminal defense law firm in Florida, you come across the charge of fleeing or attempting to elude a law enforcement officer often. This is a felony that can be punishable from 5 years to 30, depending on the level.

If you are driving a car and you know that you are being ordered to stop by a police officer and willfully refuse to stop, it is a third degree felony. Likewise, if you are fleeing a patrol car with the police agency insignia, siren, and lights activated, you are committing a third degree felony. Both of these crimes are punishable for up to 5 years in prison. If, in the process of fleeing, you drive at a high speed or drive with disregard for the safety of people or property, you are facing a second degree felony. This is punishable for up to 15 years in prison. If, in the process of fleeing, you cause serious bodily injury or death to another person, this is considered an aggravated fleeing and the crime is punishable for up to 30 years in prison because it is a first degree felony.

As a Jacksonville Driving Lawyer, I have represented people charged with all kinds of driving infractions, from driving on a suspended license to DUI. The most common driving charge is a civil traffic infraction, such as speeding or careless driving.

A Florida Highway Patrol trooper has been arrested for writing hundreds of fake tickets to up his quota. Paul Lawrence was arrested in Miami for official misconduct, which is a third degree felony in Florida. Many of the tickets have been dismissed and authorities are searching for more. Many of the fake tickets issued did not have the driver's signature. The victims were people Lawrence had pulled over in the past and because he had their information, it made the scam easier.

Two JSO police officers have been arrested for lying. Sgt. Marc Garza and Off. David Cervone were arrested on Tuesday for official misconduct, a third degree felony, and falsely reporting the commission of a crime, a first degree misdemeanor.

They wanted to get into what they believed was a drug house, but no one answered the door. They attempted to use a technique called "Knock and Talk". This is when JSO does not have a warrant, but knock on someone's door to try to get consent to search the house. When the person refuses to let them in, the police inevitably smell the odor of burnt marijuana or see drugs, paraphernalia, or a weapon in plain sight. This makes it easier for the police to search the house.

In the case of Garza and Cervone, since no one was home, Garza is accused of moving an air conditioning unit and his officers entered the house without a warrant. Neither of the officers has been charged with burglary in Jacksonville, but they should be. In order to sustain a charge of burglary, the officers had to enter the house with the intent to commit a crime therein. The crime the officers intended to commit was official misconduct. Police are not allowed to enter a home without a warrant and these officers clearly did not have one. These officers then went further. They intentionally falsified a police report by stating that a woman flagged them down and reported that she saw someone break into the house. There was no such woman.

All of these officer's cases are now subject to scrutiny. How many other citizens have they arrested under false pretenses?