Posted On: June 30, 2008

Bond Reduction Considerations in Jacksonville, Florida

In order to set a bond, set conditions of release, or outright release someone who has been arrested in Florida, there are many things that will be looked at by the judge. The Court will consider the facts and details of the crime charged, the amount of evidence against the accused, the penalty that could be imposed, the accused's family ties to Jacksonville, Florida, how long the accused has lived in Jacksonville, the accused's past and present employment, the accused's financial ability, their mental condition, and the accused's past criminal conduct. If the person arrested has family and friends that can testify at a bond hearing, their chances of being released will increase.

Posted On: June 29, 2008

Jail Release Options in Jacksonville, Florida

In Jacksonville and all of Florida, if you are arrested, you are entitled to pretrial release on reasonable conditions. Bonds are set to protect the community from harm, to assure your presence at future court dates, and to assure the integrity of the judiciary process. The judge has many options. The judge can do any of the following or a combination:

1. You can be released on your on your own recognizance, which means you do not have to
pay a bond to get out of jail.

2. There may be an unsecured appearance bond in an amount set by the judge. The
Court sets an amount of bail, but does not require a case deposit or pledge of property.

3. Your travel, associations, or residence may be restricted during your case.

4. You could be placed in the custody of another organization to supervise you until the end
of your case.

5. You may have to pay a bail bond with sureties or pay a cash bond. If you can afford the
whole amount of bond, you can deposit the cash amount with the Court and at the
completion of your case, all of the money will be returned to you. You can also elect to
use a bail bondsman and typically pay 10% of the bond while posting collateral for the rest
of the bond. At the completion of your case, the bondsman keeps the 10% and returns
whatever collateral was used to assure your presence in Court.

A Florida judge may also impose any other condition he or she deems reasonably necessary to assure your appearance in Court.

If you have any questions about bond reductions, please contact our Jacksonville Criminal Defense Bond Reduction Attorneys at (904) 634-0900.

Posted On: June 28, 2008

Florida Criminal Procedure Rules Protect Your Rights-Witnesses

When the prosecutor files a case against you, they have certain obligations. One of the biggest obligations they have is called their "discovery obligation". According the the Florida Rules of Criminal Procedure, after the Jacksonville criminal defense lawyer files a written Notice of Discovery, the prosecutor has to give the defense:

1. A list of the names and addresses of all people known to the prosecutor to have information that may be relevant to the offense charged or any defense you may have. The witnesses shall include:
a. Eye Witnesses
b. Alibi Witnesses and Rebuttal to Alibi Witnesses
c. Witnesses who were present when a recorded or unrecorded statement was taken from
or made by the accused
d. Investigating Officers
e. Witnesses known by the Florida prosecutor to have material information that tends to
negate the guilt of the accused as to the offense charged. This is also called
"exculpatory evidence".
f. Child Hearsay Witnesses
g. Expert Witnesses who have not provided a written report or CV or who are going to
testify to test results or give opinions.

If you have any questions about criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 27, 2008

Florida Marijuana Crimes get Serious Punishment

Beginning Tuesday, July 1, 2008, it takes a lot less pot to be considered a "grow house". In Florida, if a house has 25 or more marijuana plants in it, it will be considered a "grow house". That means that someone arrested for this crime could get up to 15 years in prison for simply having the plants in the house. Before Tuesday, a "grow house" house had to have 300 plants. The new law also allows the police in Florida to dispose of all the equipment from the house instead of keeping it for a possible trial if they took pictures and video.

There are also several other marijuana crimes in the State of Florida. Simple possession of less than 20 grams of pot is a first degree misdemeanor punishable for up to one year in jail. If a person possesses more than 20 grams of marijuana, that is a third degree felony punishable for up to 5 years in prison. If someone possesses 25 pounds of marijuana or 300 or more cannabis plants, that is considered trafficking in marijuana and the arrested person is facing up to 30 years in prison.

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Posted On: June 26, 2008

Accused Sex Criminals Cannot be Executed

In a 5-4 decision Wednesday, the United States Supreme Court held that capital punishment can only be applied to murderers. The Court cited the Eighth Amendment to the Constitution and found that "evolving standards of decency that mark the progress of a maturing society" must be considered. The Supreme Court has also eliminated the death penalty for mentally retarded people, people who were under the age of 18 at the time of the murder, and for people who did not have a proper defense at trial.

There were 6 states that allowed the death penalty for rape. They are Florida, Louisiana, Montana, Oklahoma, South Carolina, and Texas. Treason, aggravated kidnapping, drug trafficking, aircraft hijacking, and espionage are also other crimes eligible for execution. None of these crimes has been prosecuted as a death penalty case.

This ruling will effect the all cities in the State of Florida, including Jacksonville. There are currently 388 people on death row in Florida for murder. 32 come from Duval County. Since 1976, 64 people have been executed in the State of Florida.

If you have any questions about criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 25, 2008

Jacksonville Police Shootings of Criminal Suspects

This year, Jacksonville police have shot more people than in the three previous years. Many police shootings are fatal. There are no other people in our community, besides the police, that can shoot a citizen with immunity. When an officer shoots someone, that shooting is reviewed by a police review board. These shootings are reviewed and judged by fellow officers. A separate review is conducted by the Office of the State Attorney. Although each are independent of each other, neither entity has found an officer's shooting "unjustified".

If you have any questions about criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 24, 2008

Jacksonville DUI Training in Field Sobriety Exercises

Field Sobriety Exercises are tests the police give to people after they are pulled over for DUI - Driving Under the Influence (also referred to as DWI or drunk driving). They are supposed to evaluate whether or not someone is impaired. The approved exercises in Florida are the Horizontal Gaze Nystagmus, the Walk and Turn, the One Leg Stand, the Rhomberg Alphabet, and the Finger to Nose.

If you are ever pulled over for DUI, you are probably hearing the instructions, as well as performing the tests, for the first time. Being asked to get out of your car by a police officer, let alone under investigation for a crime, is a scary experience. You are then taken to a location with a flat surface to perform abnormal exercises to test your "normal" faculties.

Jacksonville police are trained extensively on how to perform these tests. They do these exercises over and over again to get them down perfectly. They take classes such as DUI Standardized Field Sobriety Testing, Horizontal Gaze Nystagmus Workshop for Prosecutors and Law Enforcement, In-Car Video User Training for DUI Enforcement and Prosecution, Sobriety Checkpoint Operations, and Symposium on Alcohol and Drug Impaired Driving Enforcement. These classes are offered at the Institute of Police Technology and Management administered by the University of North Florida.

If you have any DUI questions, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 23, 2008

DUI Criminal Penalties in Florida - Interlock Device

In Florida, if you are convicted of DUI (also called DWI, drunk driving, or Driving Under the Influence), you may be required to get an Ignition Interlock Device. This is a device that is placed in your car. Once installed, the driver must first pass a breath test before the vehicle can be started. Once the car is started, the driver must pass additional breath alcohol tests while operating the vehicle. All of the results are recorded as well as any attempts to operate the car without first passing a breath alcohol test. The user of the device must have it periodically inspected and your activities are reported to authorities.

On a first conviction for DUI, the Interlock Device is required only if ordered by the Court, but if your blood alcohol level is .20 or higher or you had a minor in the car at the time, the Court can order the device for up to 6 months. On a second conviction for DUI, you have to get the device for at least 1 year. If you had a .20 blood alcohol level or minor in the car, you have to have the device for at least 2 years. On a third conviction, you have the interlock for at least 2 years. Having the Interlock Device is a costly venture. There is a fee to install it and a monthly monitoring and rental fee.

If you have any questions, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 22, 2008

DUI Traffic Stops in Jacksonville - When can you be asked to perform Field Sobriety Exercises?

When you are pulled over by a police officer for DUI (DWI, Driving Under the Influence, or drunk driving), the officer has to follow certain rules before asking you to do anything. Unless the officer has "reasonable suspicion" to believe you are under the influence of alcohol, they have no right to require you to perform Field Sobriety Exercises. Once the officer has reasonable suspicion, he or she has the authority to ask you to submit to the Field Sobriety Exercises. Having the odor or alcohol on your breath does not, by itself, lead to reasonable suspicion. Other things such as your driving pattern, your admissions to drinking alcohol, having difficulty talking, having red, watery eyes, and having slurred, stuttered, thick tongued speech must also be present.

If you have any questions about a DUI criminal charge, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

Posted On: June 21, 2008

Jacksonville Criminal Charges for Driving on a Suspended License

When you are charged with Criminal Driving on a Suspended License, the best thing you can do is get your license reinstated while your case is pending. You should first go to any Jacksonville driver's license office (DMV) and request a printout of your driving record. There are many reasons your license can be suspended:

You may have received a civil traffic citation and did not pay the fine, set a court date, or did not appear on the court date you requested. You can pay the citation or set a court date at the Duval County Traffic Violations Bureau located next door to traffic court in the Southgate Shopping Center at 3490 Beach Boulevard.

You may have had a court date on a criminal traffic offense and failed to appear. You must go to the Duval County Clerk's Office in Room M106 of the downtown courthouse at 330 East Bay Street to set a court date for that case.

You may have not paid the fine on a civil traffic offense. You have to go to the Duval County Clerk's Office and pay the fine.

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Posted On: June 20, 2008

Jacksonville Probation Violations

While you are on criminal probation in Florida, your probation can be revoked for any conduct the judge considers unfavorable. If you are arrested for violating your probation, you do not have the right to a jury trial. You are entitled to a hearing where the prosecutor has to prove that you "willfully and substantially" violated your probation. If the Court finds you in violation, you could be given the maximum jail sentence you were facing on the original charge.

Probation is most often revoked for the following violations:

1. Failure to complete the requirements of probation in a timely manner.

2. Failure to report to your probation officer. DO NOT STOP REPORTING. Even if you cannot pay fees or costs, you should continue to report.

3. Getting arrested while on probation. An arrest that is supported by probable cause is an automatic violation of your probation.

4. Associating with people of bad character.

Probation officers have the great power to determine whether you remain on probation or whether they violate you. That is why it is very important to build a good relationship with them. Jail time hangs over your head until your probation ends and it is vital to complete all conditions of your probation on time.

If you have any questions about criminal probation, contact our Jacksonville Probation Criminal Defense Attorneys today for a free consultation.

Posted On: June 19, 2008

Jacksonville Misdemeanor Indecent Exposure Charges

The crime of Indecent Exposure in Florida requires that you expose your sexual organs in a public place, on the private property of another, or so near it that you could be seen from the private property of another in a vulgar or indecent manner. A person merely urinating in a public place does not violate this law. A person may also not violate this law if they are not in a state of arousal while exhibiting their sexual organs and if their actions are not otherwise indecent, lewd, or obscene. However, if the person coupled his exposure with other inappropriate conduct, such as yelling curse words at the alleged victim, he may not have to be aroused.

If you have any questions about your criminal case, contact our Jacksonville Criminal Defense Attorneys today at (904) 634-0900.

Posted On: June 18, 2008

Florida Police-Citizen Encounters

There are three levels of Police-Citizen Encounters in Florida.

The first is a Consensual Encounter. A citizen may either voluntarily comply with a police officer's request or ignore them. If an officer comes up to you and asks for your identification for no reason, you can say "no" and walk away.

The next level is an Investigatory Stop. The officer can temporarily detain you if the officer has reasonable suspicion to believe that you are committing, have committed, or are about to commit a crime. The officer has to have a well-founded, articulable suspicion of criminal activity. Mere suspicion is not enough. Once the reason for the stop is eliminated, the stop must terminate.

The third level is an Arrest. The officer has to have probable cause to believe a crime has been committed (more likely than not). To determine which level of encounter occurred, the Court looks at the totality of the circumstances (all the facts) surrounding the event.

If you have a question about your criminal case, please contact our Jacksonville Criminal Defense Attorneys for a free initial consultation at (904) 634-0900.