Jacksonville Criminal Attorney Blog

Clay County Sheriff, Rick Beseler, has announced plans to increase Clay County Sheriff's Office presence along the Jacksonville border. According to the Clay County Sun, this decision came after Jacksonville increased funding to JSO to add 80 police officers.

The adding of patrols in Clay County is to address the potential movement of violent crime from Jacksonville, because of more police presence, to Clay County.

If you have any questions about criminal charges in Clay County, call our Clay County Criminal Attorneys at (904) 634-0900.

In Florida, capital felonies are punishable by death or life in prison. Capital felonies in Florida are restricted to murder cases.

Capital Murder is the unlawful killing of a person

1. which is premeditated. That means you kill someone after consciously deciding to do it. The decision must be in your mind at the time of the killing.

2. when the murder was committed, you were involved in

a. Trafficking drugs
b. Arson
c. Sexual Battery
d. Robbery
e. Burglary
f. Kidnapping
g. Escape
h. Aggravated child abuse
i. Aggravated abuse of an elderly person
j. Airplane Piracy
k. Unlawful throwing, discharging, or placing of a bomb
l. Carjacking
m. Home invasion robbery
n. Aggravated Stalking
o. Resisting an Officer with violence

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

Recently, Atlantic Coast Federal Bank of Jacksonville had a scare. A man entered the bank and attempted to get money from a bank teller. She told him "no" and he left. Jacksonville Sheriff's Office has not arrested anyone for the crime.

In Florida, this would be considered an Attempted Robbery. The prosecutor would have to prove that the man did

1. Unlawfully by force, violence, assault, or putting in fear

2. Attempt to take money from the bank telller.

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

Many people in Jacksonville and all over Florida celebrate holidays, birthdays, or special occasions by firing their guns in the air.

The state of Florida does not allow the discharging of guns in public. If you fire your gun in any public place, you could be arrested and charged with a first degree misdemeanor. The maximum jail time is 1 year in jail. This law does not apply if you are lawfully defending yourself.

If you fire your gun while in a car and any person is within 1,000 feet, you could be charged with a second degree felony punishable for up to 15 years in prison.

If you have any questions about gun or weapon charges in Jacksonville, call our Jacksonville Gun Attorneys at (904) 634-0900.

Three businesses in Jacksonville's Riverside were burglarized in one week. The burglars busted out the business' windows and took the registers.

If you break into a closed business, you can be charged with "Burglary to a Structure" You have to enter the building with the intent to commit a crime inside, such as theft. Also, your whole body does not have to enter the building. If you put any part of your body far enough into the building to commit a crime, that is enough.

If there are no other people in the building at the time of the break in, the burglary is a third degree felony punishable for up to 5 years in prison.

If you have any questions about burglary charges in Jacksonville, call our Jacksonville Burglary Attorneys at (904) 634-0900.

Recently an office park in the Northside of Jacksonville was raided by copper thieves. More than 36 air conditioner units were opened and the copper was stolen out of them. Many times, the thieves sell the copper at scrap metal yards.

If they did sell the copper in Florida, in addition to being charged with Grand Theft, they could also be charged with Dealing in Stolen Property. In order to be convicted of Dealing in Stolen Property, the prosecutor must prove that:

1. You bought or sold the copper.

2. You knew or should have known the copper was stolen.

The charge is a second degree felony and is punishable for up to 15 years in prison.

If you have any questions about theft charges in Jacksonville, call our Jacksonville Theft Attorneys at (904) 634-0900.

A Ft. Lauderdale prosecutor is accused of falsely impersonating a police officer. Ira Jultak was at an Office Depot wearing a Broward Sheriff's Office shirt, a gun, and a badge. The police have chosen not to arrest Jultak, but he has been suspended from his job with the state attorney's office.

In order to be arrested for impersonating a police officer in Florida, you have to pretend to be an officer of:

1. The Florida Highway Patrol
2. The Fish and Wildlife Conservation Commission
3. The Department of Environmental Protection
4. The Department of Transportation
5. The Department of Financial Services
6. The Department of Corrections

OR any other police officer, probation officer, state attorney, assistant state attorney.

You also have to act as such or make someone assist you in any matter relating to the duty of the "officer". This crime is a third degree felony punishable for up to 5 years in prison.

A warrant is a piece of paper signed by a Jacksonville judge that directs the police to make an arrest, search somewhere, or seize property. The warrant has to:

1. Be in writing and in the name of the State of Florida

2. Outline the nature of the crime police say was committed

3. Demand that the person be arrested and brought before a judge

4. Specify the name of the person, or if the name is not known, describe the person

5. Specify a date and county where the warrant is to be issued

6. Signed by a Jacksonville judge

7. Set a bond for any crimes that allow a bond.

In order for JSO to get an arrest warrant, they have to have probable cause to believe someone broke the law, present their sworn findings to a judge, and have a judge sign the warrant.

According to Jacksonville.com, Jacksonville has almost 20,000 active warrants. That means the police can't find the person or have not tried to look. JSO will often serve warrants when it is raining or a slow day at the office.

If you have any questions about a warrant, call our Jacksonville Criminal Attorneys at (904) 634-0900.

The FBI has put together the 2007 Annual Digest of Crime. The report is made up of information from law enforcement all over the country as well as the FBI's own statistics.

So, how often do certain crimes occur?

- A murder is committed every 31 minutes.

- A rape is committed every 5.8 minutes.

- A robbery is committed every 1.2 minutes.

- An aggravated assault is committed every 36.8 seconds.

- A burglary is committed every 14.5 seconds.

The FBI has recently reported that there is a drop in violent crimes in the United States. While this is good news, Jacksonville continues to be plagued with bad statistics.

According to First Coast News, violent crimes are up from 6,663 in 2006 to 8,146 in 2007.

The FBI reports that nationally,

- Violent crimes were down .7% in 2007

- Murders were down .6%

- Rapes were down 2.5%

- Robberies were down .5%

- Aggravated Assaults were down .6%

If you have any questions about violent crime charges in Jacksonville, call our Jacksonville Violent Crime Attorneys at (904) 634-0900.

The Jacksonville Journey anti-crime initiative is budgeted to receive $31 million in the proposed Jacksonville city budget. The Jacksonville City Council has to approve a budget by October 1, 2008.

The Jacksonville Journey has made many recommendations concerning crime in Jacksonville:

1. To add 101 police officers to the Jacksonville Sheriff's Office.

2. New police officers should be added over the next five years with reviews made yearly about the need for new officers.

3. Increase the use of probation and community control (house arrest) for people convicted of felonies.

4. Try to convince Jacksonville judges to adopt a bond schedule. That means having pre-set bonds for certain crimes so the person arrested can bond out before they have to go the first appearance (J1) court.

In Jacksonville, there is an ankle monitor program used by many judges in DUI (Driving Under the Influence) cases. Judges often make the arrested person have the monitor in addition to any bond they set.

It is called SCRAM, which stands for Secure Continuous Remote Alcohol Monitor. These monitors are strapped to your ankle and monitors alcohol usage collected from your sweat. The monitor sends a message to the monitoring station and judges receive reports. It lets Jacksonville judges know if you have drank alcohol, tried to tamper with the monitor, tried to remove the monitor, and any malfunction.

These monitors are very expensive, at about $18.00 a day. You may have to wear a SCRAM monitor until your DUI case is resolved, or even while you are on probation.

If you have any questions about DUI charges in Jacksonville, call our Jacksonville DUI Lawyers at (904) 634-0900.

If you live in Florida, you may be breaking laws and not even know it.

It is a crime to live openly in adultery. If one of the parties involved is married and the other party is not, the police could make an arrest and the crime is a second degree misdemeanor. That means it is punishable for up to 60 days in jail.

It is also a crime to "sexually" associate with someone you are not married to. This crime is also a second degree misdemeanor.

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

Jacksonville, Florida has 3 jail facilities:

Pretrial Detention Facility

- The address is 500 East Adams Street, Jacksonville, Florida 32202.

- This jail holds people who have not yet been sentenced on all their charges.

- Important phone numbers to the Pretrial Detention facility are:
1. Medical Clinic - 358-1960
2. Mail - 630-5835
3. Inmate Info - 630-5747

-Visitation is from 8:00 a.m. until 10 p.m. daily. Visitation time is limited to 2 hours during the week and 30 minutes on weekends. The first letter of the inmate's last name establishes the visitation day.
Sun. - ABC
Mon. - DEFG
Tues. - HIJ
Wed. - KLM
Thur. - NOPQR
Fri. - STUV
Sat. - WXYZ

Montgomery Correctional Center

- The address is 4727 Lannie Road, Jacksonville, Florida 32218.

- This jail holds sentenced inmates, both male and female.

- Important phone numbers are:
1. Inmate Info. - 766-5076
2. Medical Clinic - 768-3276

- Visitation is from 8:00 a.m. to 11:30 a.m. and 1:00 p.m to 3:30 p.m. and 6:00 p.m. to 10 p.m.
The first letter of the inmates last name determines their visitation day.
A-C - Mon. and the 1st and 3rd Sat. of each month
D - Tues. and 1st and 3rd Sat. of each month
E-H - Wed. and the 2nd and 4th Sat. of each month
I-K - Wed. and the 2nd and 4th Sat of each month
L-M - Wed. and the 1st and 3rd Sunday of each month
N-R - Thur. and the 1st and 3rd Sunday of each month
S - Thur. and the 2nd and 4th Sun. of each month
T-Z - Fri. and the 2nd and 4th Sun. of each month

Community Corrections Division

- The address is Catherine Street, Jacksonville, Florida 32202.

- This facility holds inmates sentenced to work release or the Matrix Substance Abuse Program.

- Important phone numbers are:
1. Information - 630-2856 and 630-2860
2. Medical Clinic - 358-1960

- Visitation is determined by the first letter of the last name of the inmate. Visit limit is 2 hours.
A-J - Sat. from 1:00 p.m. to 3:00 p.m.
K-Z - Sun. from 1:00 p.m. to 3:00 p.m.

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

Recently, an inmate at the Duval County Jail in Jacksonville was forced to cut his hair against his wishes. Jagmohan Singh Ahuja claims having his hair cut is against his religious views. Ahuja is a Sikh and they believe that men and women should not cut their care and men have to cover their hair with a turban.

The Jacksonville Sheriff's Office cites security concerns for the haircut. All sentenced inmates have to get a short haircut and wear no head coverings. This prevents the Jacksonville inmates from hiding any possible weapons or other illegal items. As soon as a defendant pleas to a charge and is sentenced or is found guilty and sentenced, their hair is cut and they are transferred to the Montgomery Correctional Center (also known as the p-farm) on Lannie Road in Jacksonville.

Many times, we hear the terms assault and battery together. The fact is, they are two totally different crimes in Jacksonville and all of Florida

Assault in Florida is when you intentionally threaten to do harm to someone, you have the ability to carry out your threat, and you put the other person in fear. For example, if you hold up a steak knife, tell someone you are going to cut them, and the other person is scared that you could cut them. If you are arrested for assault in Florida, you could face up to 60 days in jail because it is a first degree misdemeanor.

Battery, on the other hand, is when you intentionally touch someone when they don't want you to or intentionally hurt someone. It is very easy to get arrested for battery in Jacksonville. If you get into an argument with someone, touch them on the arm, and JSO is called, you are most likely getting arrested and taken to jail.

If you have any questions about an assault or battery arrest in Jacksonville, call our Jacksonville Battery Attorneys at (904) 634-0900.

Murders and violent crimes are trending downward according to NCCI Holdings Inc. NCCI provides worker's compensation and injury information.

From 1999-2006, violent crimes (assault, domestic battery, battery, aggravated assault, aggravated battery) that cause injury have gone down at at rate of .6% Homicides (murders) have gone down 25% between the years 2000 and 2006.

A "hate crime" is defined by the Florida Attorney General is an act committed by a person or grout against someone that shows an expression of hatred towards the victim based on

1. Race
2. Color
3. Religion
4. Ethnicity
5. Ancestry
6. National Origin
7. Sexual Orientation
8. Age
9. Physical or Mental Disability

According to the 2006 Hate Crimes in Florida Report, 92 Florida law enforcement agencies reported hate crimes in 2006. In 2005, it was higher with 260 law agencies reporting hate crimes.

During 2006, the largest reason behind the crimes was race at 55.2%. The others were sexual orientation at 18.1%, religion at 13.5%, and national origin/ethnicity at 13.1%.

Eight Jacksonville apartment complexes are now certified members of the Crime Free Multi-Housing program. The goal is to crime off of federally subsidized rental properties all over the county. The program will require the Jacksonville complexes to evict tenants if they or their guests are arrested for drug crimes or violent crimes while on the property.

To become certified with the crime free program, the Jacksonville complexes have to go through a 3 phase process:

1. The apartment manager has to go to an 8 hour training program. The complex must also add the Crime Free Lease addition to their existing and new leases. It tells the tenants they can be evicted if they or their guests are arrested for violent crimes or drug crimes.

2. The apartment complex has to meet safety standards such as 180 degree peepholes on the tenant's doors, installing deadbolts on all doors, and providing adequate lighting on the property.

3. The manager has to have meetings for tenants providing them with information about the crime free program and its standards.

A Gainesville police officer has been charged with DUI (Driving Under the Influence or Drunk Driving) Officer James Elliott has been placed on paid leave while the criminal charges are pending. The officer blew a .156 and .153, which is well over the legal limit for DUI in the state of Florida.

A fellow police officer saw Elliott "driving erratically" and pulled him over. In order for police to have the right to pull you over, they have to see you commit a traffic violation such as speeding or observe you driving in such a way to make him believe you are driving under the influence of alcohol or some type of drug.

If you have any questions about a DUI charge, call our Jacksonville DUI Attorneys at (904) 634-0900.

On September 1, 2008, police found a stun gun and knife in two of Lake Shore Middle School's student's book bags. The students, both girls, were suspended for 10 days. That is the standard punishment for carrying a weapon to school in Jacksonville.

In Florida, if the girls were adults, they could be charged with carrying a concealed weapon. This crime is a first degree misdemeanor, which means it is punishable for up to one year in jail. The term "weapon" includes:

1. Knives
2. Brass Knuckles
3. Tear Gas Guns
4. Billies
5. Electric Weapon or Device

If the students were carrying a concealed firearm, this is a third degree felony punishable for up to 5 years in prison.

If you have any questions about weapon or gun criminal charges, call our Jacksonville Gun Lawyers at (904) 634-0900.

This week, a Jacksonville Beach man, Billy Ray West, was arrested for having sex with a 16 year-old boy. The police claim he confessed to the crime and that they have two witnesses that saw the act.

Mr. West will likely be charged with sexual battery on a person 12 years of age or older. This is a first degree felony punishable for up to 30 years in prison.

Sexual battery is defined as oral, vaginal, or anal penetration by, or just touching, the sexual organ of another person. The crime also includes touching or penetrating the sexual organ of another person with an object.

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

If you are arrested in Jacksonville, what exactly can the police search?

If the Jacksonville police officer makes a lawful arrest, they can search the area within the accused person's immediate presence, including the car they are in, for the following purposes:

1. To protect the officer from attack.

2. To prevent the arrested person from escaping.

3. To discover the fruits of the crime.

The police can take (seize) anything discovered on the arrested person's body or within their control.

If you were arrested and have questions about your rights, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

On September 3, 2008, a Jacksonville judge will hear arguments about the use of tear gas, pepper spray, and other chemicals on mentally ill inmates in Florida prisons. The lawyers representing the inmates argue that it is cruel and unusual punishment to use chemicals on these inmates.

According to the National Alliance on Mental Illness, 56% of state prisoners, and 64% of local jail inmates have mental illness symptoms. Many of these inmates are restricted to solitary confinement for long periods of time without the benefit of their medication. The inmates, in turn, decompensate. This leads to more "acting out" and more "breaking of the rules". These mentally ill inmates are in a prison within a prison.

Recently, Jacksonville Jaguar Fred Taylor was issued a Notice to Appear instead of being arrested for Disorderly Conduct. In Florida, a Notice to Appear is a written order issued by the police in place of a physical arrest. The Notice requires the person accused of violating a law to appear in court at some future date to handle the criminal charges.

Jacksonville police can issue a Notice to Appear instead of arresting someone if the criminal offense is a first degree misdemeanor, a second degree misdemeanor, or a violation of a Jacksonville ordinance. It is up to the arresting officer whether or not to issue the Notice. The police will not issue the notice to appear if:

1. The accused does not identify himself or herself or give all their information to police.

2. The accused does not sign the Notice to Appear.

3. The police believe leaving the accused out of jail will be a risk to others.

4. The accused has no ties to Jacksonville that are sufficient to secure their appearance at a future court date.

5. The police believe the accused has may have a warrant in another city.

6. The police believe the accused previously did not appear in court on a past Notice to Appear.

Many people ask whether or not they can be prosecuted for DUI (Driving Under the Influence) if the person arrested blows below the legal limit? The answer is yes.

The Jacksonville Sheriff's Office will request that you submit to a urine test to detect the presence of drugs in your system. If any drug is detected, the State Attorney's Office can still choose to prosecute the DUI.

According to the U.S Department of Health and Human Services, marijuana is the most common illegal substance used by people who report driving after using. Marijuana is also believed to be the most commonly used drug in America. It can still be in your system well after the effects of the marijuana are gone. The prosecutor will have to prove that the person arrested for DUI was effected to the extent his normal faculties were impaired while driving a car.

If you have any questions about marijuana use and Driving Under the Influence, call our Experienced Jacksonville DUI Attorneys at (904) 634-0900.

The Florida Department of Law Enforcement released its 3rd edition of its cold case playing cards. They feature 52 of the missing persons and unsolved homicides throughout the state of Florida. Each card shows the facts of the case, a picture of the victim, and a toll-free number to call if you know anything about the case.

These cards are distributed to the 65,000 inmates in state jail and the 141,000 people on probation in Florida. To view these cards, click here.

Under Florida law, it is a crime to buy or sell human body parts, also known as organ trafficking. You cannot buy or sell a heart, lung, pancreas, bone, eye, cornea, or kidney. In order to be arrested and charged with sale, "valuable consideration" has to be exchanged. This means money is exchanged that is over costs of removal, storage, and transportation of the organ. This crime is a second degree felony and is punishable for up to fifteen years in prison.

According to the World Health Organization, organ trafficking is on the rise because of increasing demand for transplants. The main concern is that people will take advantage of the poor and offer very little money for their valuable organs.

Former Jacksonville Jaguar Jimmy Smith and current Jaguar Fred Taylor have both been charged with crimes. Jimmy Smith was arrested in Jacksonville on August 29th for Driving Under the Influence or DUI, possession of less than 20 grams of marijuana, and cited for having an open container in his car. He was arrested after going through a DUI checkpoint. Jimmy Smith is facing up to 6 months in jail for the DUI and up to one year in jail for the marijuana charge.

Fred Taylor was cited for Disorderly Conduct in Miami on August 30th. In Florida, Disorderly Conduct is a second degree misdemeanor and is punishable by up to 60 days in jail.

A Jacksonville Paxon Middle School student brought a gun to school on August 26th, according to the Jacksonville Sheriff's Office. The school received an anonymous tip about the child possessing the gun at school. The gun was taken away from the child and he was subdued with a taser by officers.

According to National School Safety and Security Services, police officers utilizing tasers is a good alternative to using deadly force on juveniles.

Duval County (Jacksonville) middle and high schools do not have metal detectors, but the children are subject to random checks of their cars and book bags.