Jacksonville Criminal Attorney Blog

"To declare that in the administration of criminal law, the end justifies the means, is to declare that the Government may commit crimes in order to secure conviction of a private criminal would bring terrible retribution."
Louis D. Brandeis

"I am no longer a criminal. I gave up that practice years ago."
Ronald Biggs

"Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on."
Robert Kennedy

"Nearly every day on the television set the hero cop breaks into the bad guy’s house and beats a confession out of him and we cheer on the cop. Propaganda smears our clear vision. It causes us to accept the diminishment of our constitutional protections as something to be lauded – after all, the cop was protecting us."
Gerry Spence

"The very premise of our adversary system of criminal justice is that partisan advocacy on both sides of a case will best promote the ultimate objective that the guilty be convicted and the innocent go free."
Herring v. New York, 422 U.S. 853, 862 (1975)

"We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job–our sworn duty–as criminal defense lawyers, to protect our clients from those people."
Cynthia Roseberry

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Posted In: Your Rights

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Juvenile justice has always been an important part of the criminal system, but with Jacksonville's high crime rate, it is more important than ever. According to the Florida Department of Juvenile Justice:

- 4,163 Jacksonville juveniles were charged with crimes during 2006-2007.

- Of that number, 765 juveniles were charged with violent crimes.

- The number of juveniles charged with violent crimes increased 4.5% from the 2002-2003 fiscal year to the 2006-2007 year.

- During 2006-2007, 87 Jacksonville juveniles were transferred to adult court. That means they will face the same amount of prison time an adult would. The decision whether or not to transfer a juvenile to adult court belongs to the Duval County State Attorney's Office.

- 988 Jacksonville juveniles were put on probation during 2006-2007.

The goal of the Florida Department of Juvenile Justice is to offer treatment, prevention, and intervention services to youths and their families. In the juvenile system, the focus is on rehabilitation, not punishment. If the juvenile and their families get a glimpse of the criminal justice system, maybe they will not want to come back.

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Posted In: Juvenile

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These days it seems like everyone is on a social site like Facebook and MySpace. If you are on one of these sites and are facing criminal charges, you should think twice about what you post. Prosecutors all over the country are looking online for anything they can use against a criminal defendant according to the Associated Press. State attorneys can use the pictures from these sites at the sentencing phase of a criminal case and these pictures can influence what the judge does.

If you have a MySpace or Facebook account, make it "private" and only add "friends" that you know and trust.

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Posted In: Criminal Topics in the News

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Under the current criminal justice system, if you are sentenced to more than one year of incarceration on criminal charges, you will be sent to a Florida prison. The first place you go is the Reception Center in Lake Butler, Florida. You risk will be assessed, classified, and then sent to one of the many prisons in Florida.

If you are sentenced to 12 months or less, you will serve your time in Jacksonville, either at the Pretrial Detention Facility downtown or the "P-Farm" on Lannie Road.

The Florida Department of Corrections is proposing a solution to the prison overpopulation problem. (they expect the number of people in prison in Florida to top 100,000 this year) Criminal defendants who are sentenced to less than 18 months in prison would be sent "state jail". These state jails would be built in each county and if you are sentenced to less than 18 months, you can stay in Duval County. The inmates most likely to be sent to these state jails would be non-violent offenders or people with probation violations.

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Posted In: Criminal Topics in the News

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Many states, such as Massachusetts, have passed stricter sex offense laws. According the the Worcester Telegram, Massachusetts has passed a law similar to Florida's "Jessica's Law". The new law makes offenders serve a minimum 10 years in prison if they are convicted of aggravated sexual battery on a child and serve a minimum of 15 years in prison if you are a teacher of guidance counselor and you commit a sexual assault on a child.

Jessica's law was passed in Florida in 2005 and made a 25 year minimum mandatory sentence for people convicted of lewd and lascivious molestation of a child. That means if convicted of this charge, the absolute least amount of time served in prison would be 25 years and the maximum would be life in prison. This Florida law also increased the mandatory requirements for sex predator/offender probation.

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Posted In: Sex Crimes

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In the 2008-2009 budget proposed by Jacksonville mayor John Peyton, $250,000 was added to fund Duval County drug court. Drug Court is for non-violent people charged with felony drug offenses. It was started in 1994 and if you successfully complete the program, the state attorney will drop the drug charges. Drug Court's focus is treatment and there are different levels of treatment offered. You have to be evaluated by River Region, a drug treatment center, and they will evaluate what level of treatment you need.

Jacksonville Drug Court has 10 key factors for success:

1. Drug Court integrates drug/alcohol treatment with the criminal justice system.

2. The state attorney and the criminal defense attorney cooperate to aid you in your recovery while protecting your rights.

3. As a criminal defendant with drug charges, you are identified early as a candidate for Drug Court and are placed there quickly.

4. You are tested frequently for drug and alcohol use.

5. Drug Court provides treatment for free.

6. You essentially will be on a "case plan" for success.

7. You will go before the judge on a regular basis to monitor your progress.

8. Your progress is monitored and evaluated to assure your success.

9. Many disciplines are used in the Drug Court process.

10. Cooperation with other public agencies enhances Drug Court's success.

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Posted In: Drug Crimes

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Along with the rest of the country, Jacksonville has seen a rise in metal thefts. All types of metal are being stolen including copper in air conditioners, aluminum siding, platinum in catalytic converters, and iron manholes and grates. This metal is sold for scrap at a pretty good rate.

When someone steals, or just finds, metal and then sells it, they can be arrested for Dealing in Stolen Property. To prove this crime, the state attorney has to prove you sold the metal and you knew or should have known it was stolen. In criminal defense terms, that is a very low standard for such a serious charge. Dealing in Stolen Property is a second degree felony punishable for up to 15 years in prison.

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Posted In: Theft

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A Jacksonville Fire Captain was arrested in Nassau County for Battery on a Person 65 Years of Age or Older. Michael Braddock is accused of reaching into the alleged Ralph Stangle's car, punching him, and ultimately pulling him out of his car all while cursing at him. Ralph Stangle is 75 years old.

To prove the crime of Battery on a Person 65 Years of Age or Older in Florida, a third degree felony, the state attorney would have to prove that the firefighter intentionally touched the alleged victim against his will or intentionally caused harm to him. Because the alleged victim is over 65, that enhances the charge from a first degree misdemeanor to a third degree felony. If convicted, the Jacksonville Fire Captain faces up to 5 years in prison.

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Posted In: Criminal Topics in the News , Violent Crimes

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Jacksonville undercover detectives busted one man and two women for offering sex for money on Craigslist.com. The police scheduled a session of massage after responding to an ad for massages. Police say they were then offered to have sex and a massage with two women for $300. They went to the house once, and then returned later that night. How many detectives and patrol officers were involved with this "operation"?

The three suspects are still in jail. The Florida Department of Corrections estimates an inmate's cost per day to be $52.06. While many inmates stay in jail beyond their next court date, if the three suspects get out of jail on their next court dates, the Jacksonville taxpayers will have paid $2550.94 just to keep these three non-violent offenders in jail. ($989.14 for Lunsford and Schein and $572.66 for Patterson) That amount does not include detectives salaries or gas consumption, not to mention valuable police presence being taken away from more pressing needs like the rising murder rate.

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

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Posted In: Criminal Topics in the News , Police

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The Jacksonville Sheriff's Office uses "bait cars" to tempt would-be car thieves in Duval County. These cars are equipped with a hidden camera and the police are able to control the ignition and car locks.

In the high-crime areas of Jacksonville, the police leave the car and radio turned on, keys in the ignition, and driver's door open. They wait until someone gets in the car and drives off. In about 30 seconds, the police disable the car and lock the doors. They pull their guns and arrest the suspects for Grand Theft Auto.

While the suspects are caught "red-handed", there are some potential issues with using the decoy car. What if the kill switch malfunctions and the suspect drives off in the Jacksonville city-owned car? Authorities in Dallas, Texas stopped its bait car program recently when the engine would not cut off and the suspect killed an 83 year-old driver in another car. The crash would not have occurred if the police had not created the theft in the first place. By using the bait car, the police are catching opportunists, not professional car thieves. This is not preventing cars from being stolen because when using the bait car, it is the bait car itself that is "stolen" over and over again.

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

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Posted In: Police , Theft

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A homeless Jacksonville man was arrested for Aggravated Stalking, a third degree felony. He is accused of stalking Councilman Daniel Davis by threatening to kill Davis and taking his picture off the wall at City Hall.

To "stalk" someone under Florida law, you have to willfully, maliciously, repeatedly follow, and make a credible threat with the intent to put someone in reasonable fear for their life. To be convicted, the prosecutor has to prove that the homeless man had the intent to cause Davis to reasonably fear for his life. The homeless man faces up to 5 years in prison if convicted of the criminal charge.

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

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Posted In: Violent Crimes

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Jacksonville Mayor John Peyton has introduced his new budget and the Jacksonville Sheriff's Office gets $340.21 million, the largest amount. The goal, he says, is to fight the war on crime in Duval County with more resources.

Perhaps the police can use the resources they have more efficiently. For example, a police officer is patrolling in Mandarin and pulls someone over for speeding. It comes to the police officer's attention that the driver is driving on a suspended license. It is up to the officer to decide whether or not to arrest someone for a driving charge. More times than not, the officers in Jacksonville choose to arrest these non-violent offenders.

When he chooses to arrest the driver, the arrest process begins. The officer has to write a report, decide what to do with the "abandoned" car, drive the suspect to the Duval County Jail in downtown Jacksonville, and book the suspect. This process usually takes about 2 hours. In addition to the fact the jail now has another inmate to add to its large population, a Jacksonville police car has been out of commission for about two hours. The on-duty police officer is busy dealing with a non-violent driver instead of patrolling the streets looking more dangerous situations. In the past, the Jacksonville Sheriff's Office would have a van or a couple of vans driving around Jacksonville. When a patrol officer made an arrest, the van would pick up the suspect and deliver them and their paperwork to the jail. This one step allows the patrol officer to continue his patrol, while effectuating his arrest at the same time.

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

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Posted In: Police

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The National Insurance Crime Bureau just released its list of the most stolen cars in Florida. They are the:

Toyota Camry
Honda Accord
Honda Civic
Dodge Caravan
Ford F150 Series
Jeep Cherokee/Grand Cherokee
Toyota Corolla
Chevy Caprice
Ford Taurus

If you are convicted of Grand Theft Auto in Florida, you could face up to 5 years in prison because the charge is a third degree felony.

If you have any questions about misdemeanor or felony theft charges, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Posted In: Theft

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We have all heard of inmates smuggling illegal items into the jail, but did you know the felony laws against having contraband only applied to county jails? That has now changed, according to WCTV Eyewitness News, and Florida prison inmates caught with cell phones could be charged with a second or third degree felony. Florida prison officials say they have had inmates use cell phones to call their victims, plan escapes, and organize criminal enterprises on the outside.

Here in Jacksonville, there is a Florida law on contraband that applies to our jail. Jacksonville inmates cannot introduce or possess anything not given to them by jail officials. This includes:

1. Written or Recorded Communication

2. Currency or Coin

3. Food or Clothing

4. All Tobacco Products

5. All Intoxicating Beverages or Drugs

6. All Firearms or Dangerous Weapons

7. Any Instrument intended to be used to escape.

If a Jacksonville inmate is is found with any of these items, he or she can be charged with a third degree felony.

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

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Posted In: Criminal Topics in the News

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Another Jacksonville Jaguar player has been arrested. This time it was for the criminal charge of Possession of Cocaine.

Under Florida law, "possession" of drugs can be actual or constructive. Actual Possession means the drugs are in your hand, on your person, in a container in your hand or on your person, or the drugs are so close to you that they is in ready reach or under your control. Constructive possession means that the drugs are in a place over which you have control or the drugs are somewhere you have hidden them. To have constructive possession, the Jacksonville prosecutor has to prove you had control of the drugs, you had knowledge that the drugs were in your presence, and you had knowledge the drugs were illegal.

If you have any questions about drug possession charges, please call our experienced Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Posted In: Drug Crimes

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Jacksonville Jaguar Brian Williams was tried for DUI. (also referred to as Driving Under the Influence, DWI, or drunk driving) The Jacksonville police said Williams went on a racial, sexist, and profanity-laced tirade in the back of the police car on the way to jail. The judge would not allow the jury to hear those statements allegedly made by Williams.

Under the Florida Evidence Code, Section 90.403, relevant evidence cannot come in at trial if the probative value of the rant is substantially outweighed by the danger of unfair prejudice. The State Attorney argued that the rant showed Williams' was impaired by alcohol. The criminal defense attorney said that the substance of Williams' tirade will prejudice the jury against him unfairly. A Duval County judge has a large amount of discretion to decide that evidence comes in and what doesn't. The judge considers the strength of the evidence to prove that Williams' was impaired, the availability of other ways to prove Williams' was impaired, and the likelihood the jury will be misled by the evidence.

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

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Posted In: DUI - Driving Under the Influence

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Jacksonville police are still looking for three suspects in a home invasion robbery that occurred in the Ft. Caroline area. The men kicked in the door of the apartment, held a gun to the victim's head, and dragged her around the apartment looking for money. The men were caught on the apartment complex security video system.

In order to commit the crime of home invasion robbery in Florida, you have to enter someone's home with the intent to rob them. If you carry a gun or other deadly weapon during the robbery, you could face up to life in prison. If you have no weapon during the robbery, you could face up to 30 years in prison for the crime.

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

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Posted In: Robbery

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In Jacksonville and all of Florida, if you plea to a sex offense, you will probably be placed on "Sex Offender Probation". Of all criminal probation in Florida, sex offender probation is the most restrictive by far. There are several conditions of probation:

1. You will have a mandatory curfew from 10:00 p.m. to 6:00 a.m.

2. If the alleged victim is under 18, you have to live at least 1000 feet away from a school, daycare, playground, park, or any other location children tend to gather.

3. You must complete sex offender treatment, which is a comprehensive series of tests and therapy. You have to pay for this treatment and it can be quite an expense.

4. You will not be allowed to have contact with the alleged victim or any person under the age of 18 if the alleged victim was under 18.

5. You have to get a risk assessment completed. After the assessment, an opinion will be given as to the risk posed to children.

6. You will not be allowed to work anywhere children regularly gather, including zoos, schools, malls, theme parks, etc.

7. You are not allowed to view or possess any pornographic material in any way.

8. You must give a sample of your DNA to the Florida Department of Law Enforcement.

9. You have to pay for any and all medical and psychological services used by the alleged victim.

10. During your Florida probation, you are subject to a warrantless search of your body, home and car by the probation officer.

11. At least once a year, you have to submit to a polygraph (lie detector) test. You also have to pay for this.

12. You have to keep a driving log and cannot drive alone without the permission of your probation officer.

13. You cannot have a post office box without the permission of your probation officer.

14. You have to submit to an HIV test and pay for it.

This is just probation. There is also substantial jail or prison time associated with all sex crimes. As you can see, sex offense accusations in Florida are taken very seriously by the police and the state attorney's office.

If you or anyone you love is accused of sex charges, their rights have to be protected. Call our experienced Jacksonville Criminal Defense Lawyers for a free consultation at (904) 634-0900.

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Posted In: Sex Crimes

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