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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A Florida man was fired from Disney because he wouldn't let the company search his car. He disagrees with Disney's policy that it is exempt from the new Florida law that allows employees with a concealed weapons permit to have their guns int heir locked cars. This firing will almost certainly end up in the Florida court system and will test the limits of the new gun law.

Over the past three years, the Florida Senate wrestled with the competing interests of the Second Amendment right to bear arms and private property rights.

One issue with the new law is that the employer cannot find out which of their employees have a concealed weapons permit because that information is exempt from public records searches. Under the law, employers cannot even ask their employee about it. Business owners also object to the law because it restricts their ability to set rules for their employment on their own property.

The gun lobby doesn't want private business owners telling their employees and customers what constitutional rights they can or cannot have on their property.

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

Many counties in Florida want put further restrictions on where sex offenders and sex predators can live. Under Florida law, sex offenders and predators cannot live within 1,000 feet of school, public library, daycare center, playground or anywhere children regularly gather.

Counties can increase penalties on state crimes, but cannot decrease them. Florida counties such, as St. Lucie County, want to increase the distance sex predators can live away from places where children congregate from 1,000 feet to 2,500 feet. Jacksonville and all of Duval County already has such an ordinance.

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

Domestic Battery is one of the easiest crimes to get arrested for in Jacksonville. The police are called out to a "dispute" and when they arrive, they talk to the parties involved and any witnesses to the "battery". More times than not, the police arrest the person who did NOT call the police. Even if there is no injury on anyone involved, someone is going to jail.

In order to be considered a domestic battery in Florida, there are certain requirements that must be met.

1. The alleged victim has to be a family or household member. That includes spouses, current or former, people related by blood or marriage, people who have resided with you presently or in the past, or someone who has a child with you.

2. For it to qualify as a battery, you have to intentionally touch someone against their will or intentionally hurt someone.

If you are convicted of Domestic Battery, there are certain minimum penalties in the State of Florida.

1. You will be placed on 12 months probation to complete "special" conditions.

2. You will have to complete a batterers' intervention program as a condition of your probation. This is a 26 week class that you have to attend weekly. It is expensive and many
people find it difficult to complete because if you do not tell the administrator everything they want to hear, they can throw you out at their discretion.

2. There is a $592.00 mandatory fine and if it is not paid in a timely manner, your probation can be violated and you could be re-arrested.

3. The Duval County judge in your case may also restrict your contact with the alleged victim.

If you have any questions about your Jacksonville Domestic Battery charge, call our experienced Jacksonville Criminal Defense Attorneys at (904) 634-0900.

The Jacksonville Journey wants to immediately increase the number of police officers in Jacksonville, Florida. They believe the presence of more police officers will be a deterrent to crime, improve our quality of life, and reduce the crime rate overall.

In reality, having more police officers on the street may increase crime. If you have more police, expect more arrests. If arrests increase, doesn't the crime rate increase too? It is a cause and effect relationship. Police rarely arrest someone who is in the middle of committing a crime. Police are often dispatched to crimes in progress, arriving minutes later. In many cases, victims of crime notify the police after the crime has occurred.

For this policy to be effective, we have to believe that people who commit crimes weigh all of the costs and benefits on their actions. Many people do not know about increased policing in their area or if they do know, they may be too angry or intoxicated at the time to care.

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

The crime rate in Jacksonville is rising every day and as it does, the number of people carrying guns for protection increases. What many people don't know is the State of Florida has very strict laws on how and when you can carry a firearm. If you do not have a Concealed Weapons Permit, you are not allowed to carry your gun out of view of the public. Many people carry their weapon in their car. If you do not have a Concealed Weapons Permit, the safest place to keep your gun is in the glove compartment, in a holster, unloaded.

If you want to apply for a Concealed Weapons Permit in Florida, you can apply with the Florida Department of Agriculture and Consumer Services Division of Licensing. You have to fill out a lengthy application, take a class, get fingerprinted, and pay a fee. Once you are licensed, you will be able to carry your loaded gun on your person or in your car as long as it is hidden from view.

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

The Jacksonville Sheriff's Office utilizes DUI (also referred to as Driving Under the Influence, DWI, or drunk driving) checkpoints on a regular basis. The Jacksonville police will pick a public road and randomly stop cars to look for impaired drivers. Many times, these checkpoints are placed on Beach and Atlantic Boulevards at the base of the Inter-coastal Bridges. There are certain procedures the police must follow in order for the DUI checkpoint to be legal:

1. The DUI checkpoint has to be part of a regular program to prevent drunk driving.

2. The Jacksonville police should have the support of the judicial system, including the State Attorney's Office.

3. The Jacksonville police should have written procedures on how to conduct the DUI checkpoint.

4. The placement of the DUI checkpoint must be done to promote public safety.

5. The Jacksonville public must be given sufficient notice of where the DUI checkpoint is going to be and when.

6. The Jacksonville police presence should be obvious at the DUI checkpoint.

7. Any changes made to the original plan of the DUI checkpoint have to be thoroughly documented by the Jacksonville Sheriff's Office.

8. The investigation of possibly impaired drivers has to be conducted in a efficient way so the traffic flow will not be interrupted any more than it has to be.

If you have been stopped at a DUI checkpoint, you should contact our experienced Jacksonville DUI Attorneys to advise you of your rights. Our phone number is (904) 634-0900.

If you have a felony conviction in Florida, certain rights have been taken away from you.

-You can't vote

-You cannot hold Florida public office

-You cannot serve on a Duval County jury

The last election year under this policy was 2006. Florida now allows convicted felons the ability to have their civil rights restored. With the upcoming election, the power to vote is more important than ever. You can apply for restoration of your civil rights in Florida through the Florida Parole Commission. It is a lengthy application process and the ultimate decision lies with the Governor of Florida and the Board of Executive Clemency. You may also have to go through a hearing. It is helpful if you get letters about you and your character from past or present employers, pastors, neighbors, or family.

Call our experienced Jacksonville Criminal Defense Attorneys today at (904)634-0900 to discuss your rights.

The crime of Carrying a Concealed Weapon in Florida requires that the weapon be hidden from the ordinary sight of another and the weapon must be on or about the person. (close and accessible to you) "Weapons" are any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device or any other deadly weapon except for a firearm or common pocketknife. A pocketknife is defined to be a common folding pocket knife with a blade four inches or under in length. You can also conceal and carry self-defense chemical spray, a nonlethal stun gun, dart-firing stun gun, or other nonlethal electric weapon that is designed solely for defensive purposes. If the officer saw the weapon, then the weapon is not hidden from view (concealed) and you should not be arrested for Carrying a Concealed Weapon.

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

The crime of trespass can be charged as trespass in a structure or conveyance (car) OR trespass on property. For purposes of trespass to a structure or car, the crime requires that you willfully entered or remained in a structure or car owned by another, without being authorized, licensed, or invited to do so. If, at one time, you were authorized, licensed, or invited to enter or remain and you willfully refused to leave after being warned to leave, you may be arrested for trespass. In order for a trespass to a structure or conveyance charge to be valid in Florida, you must actually be in the structure or automobile. Obviously, if you are not physically in or on property that you have been warned not to trespass in or on, you should not be arrested for trespass.

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

To commit the crime of Resisting and Officer Without Violence in Jacksonville and all of Florida, you have to resist, obstruct, or oppose a police officer who was, at the time, engaged in the lawful execution of a legal duty. Words alone, without anything more, may not support a resisting charge as long as the words used do not hinder the officer's investigation into criminal activity that has already occurred. You also cannot persist in your conduct after being asked to leave by an officer investigating criminal activity.

There are also other situations where you may be faced with a resisting charge. If you give an officer a false name, date of birth, or other identifying information, they may arrest you. However, if you subsequently recant and then offer the correct information before any harm is done, you cannot be convicted of resisting. Also, if you fail to give an officer your name and he has a well founded suspicion to believe you were involved in criminal activity, your failure to give information may constitute resisting without violence criminal charges. Conversely, where there is no founded suspicion to suspect criminal activity, and the officer simply confronts you to obtain your identity, your failure to provide information will not constitute a crime in Jacksonville.

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

To commit the crime of Possession of Drug Paraphernalia in Florida, you have to knowingly use drug paraphernalia or had it in your possession and intended to use it. Items that are not, in and of themselves, associated with drugs, or if there is no drug residue on them, they may not qualify as drug paraphernalia. For example, having a homemade pipe is insufficient to convict you of Possession of Drug Paraphernalia if no drug residue is found on the item and you had no illegal drugs in your possession. However, if a common object is prepared and altered for use of narcotics, such as having burnt residue on a beer can that is bent in half with holes punched in it, then there may be sufficient evidence that the item is drug paraphernalia.

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

Disorderly Conduct and Disorderly Intoxication are crimes in Florida. To be arrested for Disorderly Intoxication, you have to be intoxicated and endanger the safety of another person or cause a public disturbance. Just smelling like alcohol and acting intoxicated is not enough to convict you on a charge of Disorderly Intoxication. You have to also create a public disturbance or endanger the public. Also, if you are on your own property, that is not a "public" place for purposes of this law.

Disorderly Conduct requires you to engage in conduct that corrupted the public morals, outraged the sense of public decency, affected the peace and quiet of people, or amounted to fighting or brawling. Cursing at police officers does not constitute Disorderly Conduct. Also, if no crowd had gathered in response to your conduct or if a crowd gathered, your comments were directed at the police and not meant to incite the crowd, you have not committed the crime of Disorderly Conduct.

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

On Tuesday, several new criminal laws went into effect in Florida.

Florida Driving Under the Influence - DUI fines will go up from $250-$500 to $500-$1000 for a first offense, from $500-$1000 to $1000-$2000 for a second offense, and on a third DUI, the fine will be between $2000 and $5000.

Florida Drug Crimes - The drug, Salvia, which is a plant from Mexico that is said to cause hallucinations, will be illegal.

Florida Aggravated Battery - If someone is convicted of aggravated abuse of an elderly person or disabled adult, they will be facing up to 30 years in prison.

Florida Sex Crimes - If someone 18 years old or older is convicted of Lewd and Lascivious Molestation of a Child under 12 for a second time, the sentence is mandatory life in prison.

Florida Drug Crimes - If someone owns, leases, or rents a place knowing it is being used for drug sales or manufacturing, they will face up to 5 years in prison if arrested.

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

When a criminal defendant has a lawyer representing them, there are certain decisions that absolutely belong to the client.

You, as the client, have to decide whether to plead guilty or accept an offer made by the prosecutor. While the criminal defense lawyer is obligated to deliver all offers to their client and discuss all pertinent matters relating to the plea, the final decision belongs to the client.

You also have to decide whether to testify if your case goes to trial. Neither the judge, the prosecutor, nor your defense attorney can make you testify in your own defense.

You also have to decide whether to waive a jury trial. That means you determine who will decide your guilt or innocence at trial, the judge or a jury of your peers.

Some decisions belong to the criminal defense attorney.

The lawyer can decide whether to waive speedy trial. In a misdemeanor case, you are entitled to a trial within 90 days from the date you are arrested. In a felony case, you are entitled to a trial within 175 days from the day you are arrested. Your criminal defense lawyer can decide if he or she needs more time to prepare your case.

Your attorney also determines which motions to file in your case.

Ultimately, the lawyer can decide the means to achieve the objectives you have set in your case. This includes strategy and tactics. When there is a disagreement, the criminal defense lawyer can, or should, defer to your wishes.

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