Jacksonville Criminal Attorney Blog

International organization, Crime Stoppers, allows people to report suspected criminals and crime information in Bermuda. The toll-free calls are answered in Florida and the organization will add texting and email to its options according the the Royal Gazette. They want to encourage younger people to report suspects and criminal activity using the means they use most.

Crime Stoppers Worldwide claims to have made 748,985 arrests, cleared 1,191,372 cases, paid $88,222,80 in rewards, seized $7,116,329,186 worth of drugs, and recovered a total of $9,066,366,519.

A homeless man in Florida was arrested for offering an undercover detective 2 cents for sex. The Lee County Sheriff's Office conducted a prostitution sting in Bonita Springs on August 21st.

In Florida, it is a crime to solicit or induce someone to commit prostitution. Prostitution means offering your body for sexual activity for compensation. The Florida prosecutor will have to prove the homeless man actually intended to pay 2 cents for sex.

If you have any questions about any sex charges, please call our Jacksonville Sex Crime Attorneys at (904) 634-0900.

Traffic tickets can lead to license suspension and an increase in insurance rates. The following are the citations that cause the most damage:

6 Points
Leaving the Scene of an Accident with at least $50 worth of Damage
Speeding that results in an accident

4 Points
Reckless Driving
Moving Violations that cause an accident
Attempting to pass a school bus that is stopped
Ignoring traffic signals such as a stop light or sign
Going 16 or more miles per hour over the speed limit

3 Points
Exceeding the speed limit by 15 miles per hour or less
Curfew violation
Having an open container in the car
Minors driving during the restricted hours
Child restraint violations
Any other moving violations not mentioned before

If you have any questions about traffic tickets, please call our Jacksonville Traffic Ticket Attorneys at (904) 634-0900.

In Jacksonville and all of Florida, your driver's license can be suspended if you have received too many points due to traffic tickets. Points will stay on your license for three years. Racking up points on your driver's license will not only lead to possible suspension, but it can also make your insurance rates increase.

- Your driver's license will be suspended for 30 days if you get 12 points within 12 months.

- Your driver's license will be suspended for 90 days if you get 18 points within 18 months.

- Your driver's license will be suspended for 1 year if you get 24 points within a 36 months period.

If you have any questions about your driver's license, please call our Jacksonville Criminal Driver's License Attorneys at (904) 634-0900.

In Florida, your property can be seized if you are arrested for a felony, That includes your:

- Car
- Money
- Guns
- Tools
- Books
- Records

These items have to be used in the commission of a felony, aid in the commission of a felony, or are bought with the money gained from committing a felony.

In Jacksonville, particularly in drug busts, narcotics detectives like to seize the cars and money that belong to the people they arrest. If any money is owed on the car, the probability of JSO keeping the car is reduced.

You are entitled to a civil forfeiture hearing before JSO completely takes ownership of your property. Call our experienced forfeiture attorneys at (904) 634-0900.

Under Florida law, it is a crime to drastically increase the price of goods or services before or during an emergency. "Goods" include, but are not limited to:

Gas
Food
Water
Chemicals
Ice
Lumber
Hotels

If you think a business is "price gouging", call 1-866-9-NO-SCAM, which is a hot line set up by the Florida Attorney General.

In Florida and all over the country, inmates housed in prison are living longer. This, in turn, causes health care costs to rise. According to the Florida Department of Law Enforcement, the cost for health care for Florida inmates is $11.54 per day per inmate. Some states are releasing non-violent elderly prisoners early and some are releasing them to treatment programs not associated with corrections.

In Florida,

- 14,549 inmates are 50 or older.

- 3,303 inmates are 60 or older.

- 612 inmates are 70 or older.

- 70 inmates are 80 or older.

- The oldest Florida prison inmate at 90 years-old is Frank Rowland.

In order to be arrested for DUI or Driving Under the Influence, the Jacksonville Sheriff's Office has to believe that the suspect's normal faculties are impaired. A person can be impaired by alcohol or drugs. If a person blows below the legal limit for alcohol, the police will request that the suspect provide a urine sample. The urine sample is tested by JSO and sent to the Florida Department of Law Enforcement for a more reliable analysis.

The drugs that can lead to DUI are either illegal or legal. The most common illegal drugs found in the systems of people arrested for DUI are marijuana and cocaine. Legal drugs, prescribed or not, can also impair someone's normal faculties. The most commonly found legal drugs are Xanax, Oxycontin, and Hydrocodone.

The main problem with DUI's based on drugs in someone's system is there is no way to tell when the drugs were consumed. In addition, neither JSO or Florida Department of Law Enforcement tests for quantities of the drugs. There is no way to prove how much of the drug is in a suspect's system and no way to prove how long ago they were taken.

If you have any questions about a DUI based on drugs, please contact our Jacksonville DUI Attorneys at (904) 634-0900.

On August 15th, two St. Johns County residents were arrested for aggravated assault. The alleged victim, Anthony Petrilli, claimed to be traveling north on Ponce de Leon Boulevard when the passenger of a car flashed a gun. As they went down the road, Petrilli claims the passenger then fired the gun three times at him. There were no injuries reported.

In order to prove the criminal charge of aggravated assault, the state attorney has to prove that:

1. The suspect intentionally and unlawfully threatened to do violence to the victim.

2. At the time, the suspect appeared to have the ability to carry out the threat.

3. The act of the suspect created a well-founded fear that the violence was about to take place.

4. The assault was made with a deadly weapon.

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

Did you know if you are pulled over for DUI (Driving Under the Influence), you will be arrested before you are ever given the opportunity to blow into the breathalyzer?

Many people think that they have to blow above the legal limit (.08) before they can be arrested for DUI. Not true. You will be placed under arrest for DUI at least an hour before you are ever in front of the breathalyzer.

Did you know if you blow .000, you are still under arrest for DUI in Jacksonville and will have to bond out of jail?

If you blow a .000, you will be asked to give a urine sample to test for the possible presence of drugs in your system. The results are not automatic and that means if you are innocent of DUI, you will have to bond out of jail and wait for the urine results to come back from the Florida Department of Law Enforcement.

If you have any questions about a DUI arrest and case, please call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

A Sanford, Florida police officer was arrested on August 11th for unlawful compensation for official behavior according to the Florida Department of Law Enforcement. Officer Chris McClendon is accused of using his position as a police officer to aid a Sanford car sale company in repossessing cars. In return for this "help", the officer's personal auto loan was forgiven. Officer McClendon is accused of receiving $8000.00 worth of unlawful compensation.

Under Florida law, unlawful compensation or reward for official behavior is a second degree felony and is punishable for up to 15 years in prison.

Police in Kansas, Denver, California, and Arizona are using DNA left at burglary crime scenes to identify the suspects, reports KansasCity.com. Many times, burglars leave all kinds of evidence at the crime scene. They eat food, touch glass, smoke and leave cigarettes, and sometimes hurt themselves at the scene.

According the the Federal Bureau of Investigation, over 2 million burglaries occur every year, but only 12% of the criminal suspects are arrested. If DNA testing is used more frequently to identify suspects in property crimes, the cost to local police will drastically increase. The testing itself costs $1400.00. It takes about $4502.00 to identify the criminal suspect and $14169.00 for each arrest. To then prosecute the criminal defendant, it will cost another $6169.00.

A Miami, Florida detective was suspended for three days after he pursued a relationship with the wife of a suspect he arrested. According to the Miami Herald, Detective Edward Hill arrested David Superville for his involvement in the murder of an electronics salesman. Police say Superville was hired by a jealous Brazilian businessman to follow the salesman.

Superville's criminal defense attorney believes the credibility of the detective is a major issue in the case. In particular, there is no physical evidence or eyewitness statements, just the word of a biased detective.

In criminal cases, the credibility of the police is a major issue. If you have any questions about police misconduct or credibility in a criminal case, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

On August 8th, the State of Florida hosted the "Diaspora Conference on Gang Violence in Jamaica", which was put on by The United States Agency for International Development. The aim of the conference is to develop strategies to prevent gang violence in Jamaica.

Jamaica has one of the highest per capita murder rates in the world, according to the South Florida Times. Once crime is reduced, the participants of the conference believe social and economic conditions will improve in the country.

Police officers should be held to a higher standard than the average citizen. They have the power to take away your liberty, property, and life. There are many fine police officers in Jacksonville, Florida that want to make our city streets safe. There are also officers that abuse their immense power.

In 2003, three JSO officers were involved in abducting, robbing, and murdering Jacksonville resident, Sammi Safar. One of the officers worked off-duty at a Westside bank. He noticed that Safar made large cash transactions at the bank. These police officers pulled Safar over in, what looked like, a normal traffic stop. He was taken to R.L. Brown Elementary School where he was strangled in a police car by Karl Waldon.

Karl Waldon is serving life in the United States Penitentiary in Pollock, Louisiana.

Aric Sinclair is serving 17 years and 7 months in Federal Correctional Institution in Loretto, PA.

Jason Pough was sentenced to 5 years in prison and has been released.

In 2007, JSO officer, "Happy Cop" John Hairston, was convicted and sentenced for theft while on-duty. He was investigated because there were many reports that he kept money he found on drug dealers he pulled over while on duty. Police and FBI set up a sting and Hairston stole $3400.00 of bait money.

John Hairston was sentenced to 6 months and has now been released.

In 2008, JSO officer Shawn Pringle, while on-duty, committed sexual battery (rape). He was convicted of sexual battery and unlawful compensation. Shawn Pringle is serving 3 years in prison.

The one crime that a Jacksonville police officer has never been charged with is perjury. Under Florida law, if you make a false statement you know is untrue under oath in an official proceeding, like trial, you are facing up to 5 years in prison. Also, the officer's Arrest and Booking Report is a sworn affidavit that is notarized. Every officer who writes this report is swearing that its contents are true and correct.

With tremendous power comes tremendous responsibility. Let's hope that Jacksonville police officers tell the truth, not just under oath, but always.

More residents in Duval County are wanting to carry guns legally. In Duval, 22,534 people have active concealed weapon permits. The number of people applying for permits has jumped over the past 4 years according to the Florida State Division of Licensing:

2004 - 1385
2005 - 1720
2006 - 2777
2007 - 3505
2008 - 4230

Under Florida law, if you carry a concealed firearm without a license and are arrested, the maximum punishment is 5 years in prison because the charge is a third degree felony.

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

Federal authorities believe they have caught suspects in the largest hacking case ever. The Justice Department believes 41 million debit and credit card numbers were stolen from Barnes & Noble, OfficeMax, Boston Market, BJ's Wholesale, TJX Cos, Sports Authority, DSW, and Forever 21.

It is believed these hackers got the numbers and passwords from the company's wireless networks. Three of the suspects are citizens of the United States, while the others are from other countries.

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

Last Friday at 7:30 a.m. on San Jose Blvd. towards downtown, there sat a JSO officer running radar. It was a clear morning, not a cloud in the sky, with working people headed to work. The question is:

Could that police officer be doing something else to reduce crime in Jacksonville, Florida?

Speeding working folks are not the problem here, the murder and violent crime rate is the problem. Every officer starts as a patrol officer and that is what they should go back to - patrolling.

When it rains, this officer is nowhere to be found. When there is an accident blocking traffic for miles, police officers are not around, the community patrol officers are there. Ticketing speeding working people may increase revenue, but is is not reducing crime in Jacksonville.

On August 4th, a Jacksonville yardman was robbed by a man with a gun. The incident took place near 13th Street West and Canal Street in broad daylight. The suspect took the yardman's lawnmower. Jacksonville police are still looking for the robber.

In Florida, if this suspect is convicted of robbery with a gun, he is facing up to life in prison.

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

Florida now has a law aimed at preventing leaving children in cars. The goal is make people aware of the dangers. According to Tampa Bay Online, an average of 36 children die each year because they were left in cars. A child in West Palm Beach recently died after being left in his mother's car on her wedding day under the hot summer sun.

It is a second degree misdemeanor to leave a child under 6 years-old in a car for more than 15 minutes. That means you could spend up to 60 days in jail if convicted of the criminal charge. If the child is hurt, you could be facing a third degree felony punishable for up to 5 years in prison.

The Federal Bureau of Investigation (FBI) has released bank robbery statistics from 2007. Here are some highlights:

- 1393 commercial banks were robbed

- $23,127,885.47 was stolen from the banks

- $10,350,660.92 was recovered by law enforcement

- The most popular day for bank robberies is Friday

- The states where most bank robberies occurred were California, Florida, Georgia, and Pennsylvania.

According to Florida's Miami Herald, 60,000 out of 90,000 inmates in Florida's prisons have drug problems, yet only 7,000 were provided treatment. The state of Florida will spend around $4 million dollars in 2008 on substance abuse treatment in prison. Studies have shown that when an inmate gets treatment the probability that they commit future crimes goes down.

In Jacksonville, there is secured drug treatment in the pretrial detention facility called Matrix House. About 400 inmates graduate from this program each year. You have to be sentenced on a criminal charge to be admitted to the Matrix House and it takes between 4 and 6 months to complete. After the program is completed successfully, people are often placed on probation to participate in the Jacksonville drug program aftercare.

Traffic fatalities are down from last year in Jacksonville. JSO reports that from January 1st to June 30th:

Downtown
Springfield
Northside 2007 - 7 2008 - 7

Arlington 2007 - 19 2008 - 8

Southside
Mandarin 2007 - 15 2008 - 17

Westside 2007 - 19 2008 - 15

Northwest Jacksonville 2007 - 13 2008 - 13

North Jacksonville 2007 - 19 2008 - 6

TOTAL 2007 - 89 2008 - 66

Police say careless driving along with alcohol and drugs contribute to many deaths. Almost half of the traffic deaths are caused by people not using seat belts or motorcycle helmets.

According to WCTV News, the State of Florida is ranked number 2 in the country for having the most bank robberies. Florida had 85 robberies in the last quarter of 2007, just beating Georgia's 84.

There are different punishments for different types of bank robbery in Florida. If you carry a gun in the course of committing a bank robbery, you will be exposed to life in prison. If you carry any weapon other than a firearm in the course of committing a bank robbery, you will be exposed to 30 years in prison. If you are convicted of bank robbery without carrying any weapon, you will be exposed to 15 years in prison.

Recently, a Duval County Assistant State Attorney felt threatened by a Jacksonville police officer. Assistant State Attorney, London Hairston, filed a verbal and written complaint with internal affairs against Officer Jason Lederman. She said the officer went on a tirade over a decision she made on a criminal case that left her frightened.

If you or someone you know has a complaint against a Jacksonville police officer for misconduct, contact the Jacksonville Sheriff's Office.

Certain crimes are increasing in Florida due to the economic downturn. According to Florida Today, the property crimes of petty theft, burglary, metal theft, and gas siphoning are on the rise in Florida.

In response, people are securing themselves and their property. They are purchasing burglar alarms, gas caps, window guards, security video cameras, and even taking self-defense lessons. Because of people protecting themselves and their possessions, the security industry has seen an increase in sales.

Between June 3rd and 5th of this year, a poll was conducted on registered voters in Jacksonville. The poll was commissioned by certain Jacksonville business leaders. The results were:

- 65% approve of the way Jacksonville Sheriff John Rutherford is performing as sheriff.
- 26% disapprove

- 24% believe that crime in Jacksonville is an immediate and urgent crisis.
- 38% believe crime in Jacksonville is a serious problem.
- 18% believe crime in Jacksonville is one of many problems in the city.
- 14% believe crime in Jacksonville will affect the future of our city.
- 3% believe crime in Jacksonville is a minor problem.

- 49% would pay more in taxes if they knew it would only be used for more police and intervention programs in Jacksonville.
- 42% would not pay more taxes.

- 28% believe Jacksonville's crime problem threatens them and their family directly.
- 41% believe Jacksonville's crime problem threatens their local area, but not them directly.
- 24% believe it is a problem in other parts of town.

Courts in Florida can sentence a criminal defendant to a "youthful offender" sentence if they committed the crime before their 21st birthday. Florida offers "boot camp" to some youthful offenders. The Department of Corrections takes youths into this "shock" program instead of locking them up for a long period of time. They believe that the camp could produce the same deterrent effect that a long prison sentence could. This camp includes:

- Marching drills
- A dress code
- Physical labor assignments
- Marching drills
- Decision making and personal development training
- Education
- Drug counseling

Criminal offenders have to have no physical limitations that would prevent them from being involved in strenuous activity, they have to be sober, and could not have been previously incarcerated in any correctional facility.

If you have any questions about youthful offender sentences or juvenile offenses, please contact our experienced Jacksonville Criminal Defense Attorneys at (904) 634-0900.

When you are convicted of Domestic Battery in Jacksonville, you will be sentenced to attend Salvation Army's Batterers Intervention Program. (also referred to as BIP) This is a 26 week course. You must pay for and complete an Assessment. You then must then pay for and attend an Orientation. After these are completed, you have to attend and pay for weekly sessions and complete homework assignments. You can be thrown out of the program at any time at the discretion of the facilitator.

This program is designed for men who are arrested for Domestic Battery and is focused toward accountability, but how effective has it been in stopping domestic violence in Jacksonville?

The Salvation Army has the contract in Jacksonville to conduct the program and 100% of its attendance is referred from the criminal justice system. (men arrested for Domestic Battery) With all the money invested in this program in Jacksonville and the significant criminal consequences if these men are kicked out of the program, there are many questions that should be answered by Salvation Army:

How many men successfully complete BIP compared to the total amount assigned to the program?

How many men are kicked out of the program yearly?

How many men are kicked out of the program for not being able to pay the costs?

How many men are arrested for Domestic Battery after completing the program?

Are men evaluated to see if they can read the homework they are given before they are thrown out of the program?

How many times do the men attend a class, but do not get credit for it?

If you have any questions about Domestic Battery or Domestic Battery probation, please call our experienced Jacksonville criminal defense attorneys at (904) 634-0900.

DUI penalties in Florida are increased if you have a commercial driver's license. If you are convicted of DUI in your commercial vehicle,

- You cannot drive a commercial motor vehicle for one year and you are not eligible for a hardship license.

- You have to wait the full year, then pay a $60.00 fee to restore your commercial drivers license.

- If you were transporting hazardous materials when convicted of DUI, you can't drive a commercial vehicle for three years.

- If you are convicted of driving a commercial motor vehicle with unlawful alcohol level (.04), not DUI, you can't drive a commercial vehicle for one year and you cannot get a hardship license during the year. After the full year, you can pay the $60.00 reinstatement fee and get your commercail drivers license back.

- If you were carrying hazardous materials when convicted of having an unlawful alcohol level (.04), you can't drive a commercial vehicle for three years.

- If you refused to take a breathalyzer test after being arrested for DUI in Florida or having an unlawful alcohol level (.04), you can't drive for one year and you cannot get a hardship license. After the full year, you have to pay the $60.00 fee to restore your commercial drivers license.

If you have any questions concerning your Florida DUI charge, please call our experienced criminal defense lawyers at (904) 634-0900 for a free consultation.

One major problem with the criminal justice system is located in corrections. According to a study cited on Stop Prisoner Rape, a human rights organization, 1 in 4 women and 1 in 5 men are sexually assaulted. Every day, in every correctional institution in Florida, a man, woman, or juvenile is the victim of rape. Most of these victims are non-violent offenders sentenced to prison time.

Many people in the United States are flippant about rape in prison. They believe that the "criminals" should be punished and if that means they have to be raped, so be it. The correctional institutions also turn a blind eye by not protecting even the most vulnerable inmates. Because prison rapists are rarely prosecuted and because most assaults are condoned by inaction of the correctional staff, there is no deterrent for these terrible acts.

When a criminal defendant is sentenced to serve prison time, a governmental entity becomes responsible for their well-being. In Florida, the buck stops with the Florida Department of Corrections. You should be able to go to prison without being raped.

Prison rape has a lasting effect on the victims of these crimes and society as a whole. Rape spreads AIDS and other sexually transmitted diseases. The State of Florida's taxpayers pay for treatment for these diseases that are spread in their institutions. In addition, when these victims are released, they are understandably angry at the abuse they suffered while under the "watchful" eye of the government. The chances of these victims committing future crimes goes up, costing society even more.

If you or someone you know is a victim of prison rape in Florida, you can find help.