Jacksonville Criminal Attorney Blog

Confrontation Clause - The 6th Amendment to the Constitution that guarantees a criminal suspect's right to directly confront (cross-examine) the people accusing him or her of a crime.

Criminal Contempt - Conduct that defies the authority of the court or judge in a criminal case. If you are held in contempt of court in Jacksonville, you could have to pay a fine or even be put in jail.

Conviction - The act of finding someone guilty of a crime.

Corpus Delicti - The substance on which a crime has been committed. It literally means the "body" of the crime. What it means is that you cannot be convicted of a crime if the only evidence that you committed the crime is your confession.

Affirmative Defense - A criminal suspect's assertion raising new facts and arguments that, if true, will defeat the prosecution's allegations.

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

Bail - The security (cash or a bond) required by the court for inmate release from jail.

Bond - To get released from jail by providing some security for a future appearance. To release after receiving the security.

Capias - A bench warrant.

Castle Doctrine - The criminal law doctrine that says you can use deadly force in your home and you don't have to retreat from danger in your own home.

Clemency - The power of the President or the Governor of Florida to pardon or commute (lessen) a criminal sentence.

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

In the world of Jacksonville criminal defense, there are many words that can be confusing. Here are some definitions of commonly used legal words:

Accessory - A person who aids or contributes int he commission of a crime.

Accomplice - A person who knowingly, voluntarily, and intentionally gets together with teh principal offender in committing a crime.

Acquittal - When you are found not guilty of a crime.

Admission - A voluntary acknowledgment that facts are true.

Adversary Proceeding - A hearing involving a dispute between opposing parties. (usually the prosecutor and criminal defense attorney)

Affidavit - Written down facts sworn to by you before an officer authorized to administer oaths. (even a arrest and booking report made by the arresting officer is a sworn document, an affidavit)

Aggravated - Made worse or more serious by circumstances, usually violence in criminal cases. (like if you possess a gun while committing a crime)

Alibi - A criminal defense based on the physical impossibility of a suspect's guilt by placing them in location other than the scene of the crime during the commission of the crime. If you have witnesses that you were somewhere else at the time the crime was committed, you have an alibi.

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

Jon Burge, a former homicide officer in Chicago, has been arrested in Florida for perjury and obstruction of justice for lying on official documents. It is believed that Burge tortured, beat, and choked suspects of crimes to get confessions in the 70's and 80's.

No criminal charges could be filed on the torture because the statute of limitations ran out on that charge. The statute of limitations is a time limit for prosecuting the crime. The reason we have time limits is to make sure the case is resolved while evidence is fresh and available.

Burge made a $250,000 bond.

If you have any questions about bail bonds or bond reductions in Jacksonville, call our Jacksonville Bond Reduction Attorneys at (904) 634-0900.

Alan Crotzer, a former Florida prison inmate, was pardoned this month because of DNA evidence. Crotzer was sentenced to prison for two rapes and a robbery. In addition to being released from the 25 years he spent in prison, he also received a $1.25 million award for the false conviction.

Along with being found innocent, Crotzer also got his prior conviction for selling pot in prison expunged from his record. The logic behind this decision was that if he wasn't wrongly incarcerated in the first place, he would not have received this charge.

On October 1st, it became a crime to change your caller ID information in Florida. If you change the name and number that appears on your caller ID, you could be charged with a first degree misdemeanor punishable for up to 1 year in jail.

Two companies have sued the State of Florida in federal court and claim the law violated first amendment free speech rights. TelTech and Wonderland Rentals sell a calling card that enables the caller to change the caller ID. The companies have around 50,000 clients.

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

A new bill was introduced to the Jacksonville City Council to encourage companies doing business with the city and Jacksonville itself to hire people released from jail or prison. If the new law passes, the city can withhold payments if the companies do not provide the required monthly reports on how many ex-inmates were considered or hired by the contractor.

The ex-offender applicant must:

1. Qualify for the position sought.

2. Not pose a risk to co-workers.

3. Show they have been rehabilitated.

The family of Artavious DeBose has filed notice of their intent to sue the City of Jacksonville for his fatal shooting by JSO. Police said DeBose, along with 3 other men, was fleeing from an armed robbery. DeBose was not armed with a gun or any other weapon.

The Jacksonville Sheriff's Office attorney says that police shootings are thoroughly reviewed and that it is too soon to file a lawsuit because the JSO internal review, Response to Resistance Hearing, has not yet been held.

What was not mentioned was that their has never been an unjustified police shooting in Jacksonville in its history. JSO officers have killed 11 people this year and shot a total of 21.

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

The Florida Department of Environmental Protection has ended a 3 month investigation into a man accused and arrested for clearing and filling about 10 acres of wetlands. Thomas Bodie is charged with a third degree felony punishable for up to 5 years in prison.

The Florida Department of Environmental Protection has its own Division of Law Enforcement, which is the oldest in the state. The agency, with its 141 officers, is responsible for enforcing Florida's environmental regulations and laws. The Division suggests to be on the lookout for:

- Transportation Accidents
- Oil or Chemical Spills
- Trucks dumping into sewer drains
- People burying drums on any property

The sheriff of Clay County has expressed concern about Jacksonville increasing the number of police officers. The sheriff believed criminals may cross over the border into Clay.

Channel 4 News (News4Jax.com) reports that 6 Jacksonville men have been arrested for violent crimes in Clay County. Three men are charged with armed robbery with a deadly weapon and the other three are are charged with armed robbery.

Some of the men allegedly said they went to Clay County because they didn't want anyone to recognize them.

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

According to the Florida Department of Corrections, there is 98,192 current inmates in the Florida prison system. There are also more than 158,000 people on probation, which is regulated by corrections.

The largest number of people who are sentenced to prison are sent there for drug crimes. The inmates who complete some type of drug treatment while in prison are 13.5% less likely to return. Around one third of all released inmates return to a Florida prison within 3 years.

It costs the taxpayers of Florida $20,000 per inmate per year.

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

Jacksonville has become known for its shootings, particularly police shootings. Many people wonder what the legal standard for justifiable use of force by law enforcement is.

Under Florida law, a Jacksonville police officer can use any force the he or she reasonably believes necessary to defend himself or herself from bodily harm while making a lawful arrest.

That force, deadly or not, is also justified if the officer is capturing a felon who has escaped or arresting a felon who is fleeing.

The use of force by JSO is not justified if the arrest is not lawful.

In the history of Jacksonville, there has never been an unjustified police shooting.

Many people wonder whether or not they can be arrested for a crime they did not directly commit. The answer is yes. You can be considered a "principal" or "accessory after the fact".

In Florida, you are a Principal if you had the intent that a crime be committed and did some act or said some word to encourage someone else to commit a crime. You don't even have to be at the crime scene to be charged as a principal!

You can also be considered an Accessory After the Fact. The prosecutor must prove that:

- A felony was committed by someone.
- After the felony was committed, you assisted the person who committed the felony.
- At the time, you knew the person had committed the felony.
- You helped that person escape or avoid arrest.

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

The Florida Department of Law Enforcement just released its Semi-Annual Crime Report. It provides a comprehensive look at the crime statistics of Florida counties from January-June 2008.

Here are some of their findings:

Duval County - Jacksonville Criminal Charges

- 49 Murders
- 133 Rapes
- 1495 Robberies
- 2513 Aggravated Assaults
- 5917 Burglaries
- 16200 Larcenies
- 2227 Grand Theft Autos

Clay County - Green Cove Springs Criminal Charges

- 3 Murders
- 44 Rapes
- 54 Robberies
- 381 Aggravated Assaults
- 655 Burglaries
- 1813 Larcenies
- 150 Grand Theft Autos

Nassau County Criminal Charges

- Murder
- 2 Rapes
- 18 Robberies
- 372 Aggravated Assault
- 259 Burglaries
- 624 Larcenies
- 60 Grand Theft Autos

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

The Jacksonville chapter of Crime Stoppers doesn't just use the telephone to gather information about crimes. First Coast Crime Stoppers now also uses emails and text messaging to receive tips about crimes. (web tipping and text tipping})

First Coast Crime Stoppers is a volunteer organization started in 2002. Their principle is "someone other than the criminal has information that can solve a crime."

Here are some statistics about Jacksonville Crime Stoppers thru September 2, 2008:

- 1206 arrests made
- 2086 cases cleared
- $346,500 rewards paid
- $416,205 worth of drugs seized

If you questions about a criminal matter, please call our Jacksonville Criminal Attorneys at (904) 634-0900.

With the increasing rate of crimes involving guns in Florida's cities, the Orlando Sentinel gathered records from Florida's biggest police agencies. Here are some of their findings:

- Over 60,000 guns were confiscated from Florida streets in the last 5 years.

- All of these firearms were involved in criminal charges or left at crime scenes.

- Orlando seized 1,160 firearms last year.

- The 9 mm pistol was the most popular, with 10,297 seized in the last 4 years.

- The number of 9 mm pistols confiscated has doubled in Jacksonville, Tampa, and Orlando in recent years.

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

The Jacksonville Chapter of MAD DADS has a walk scheduled for October 18th. This canvassing of the northwest neighborhood is where a double shooting occurred recently. One man was shot 7 times and the other was hit in the legs. No suspects have been found by JSO.

MAD DADS, Men Against Destruction Defending Against Drugs and Social Disorder, is a group of Jacksonville men and women who coordinate anti-drug and anti-violence events in the Duval County area. The also develop community improvement projects to reduce drug abuse and violence in our city. The main goal is to regain control of our community youth, neighborhoods, and families.

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

The University of Florida Medical Plaza on the Emerson Expressway was the victim of $42,000.00 of theft. Fourteen air condition units were stolen from the Jacksonville medical complex.

Many times, the thieves are destroying the air units to get to the copper. They can sell the copper for a good amount of money at metal scrap yards. If the suspects are found, they could face charges of Grand Theft and if they sell the parts, Dealing in Stolen Property.

Grand Theft can be charged if the item(s) stolen are valued at $300.00 or more. This criminal charge is a third degree felony punishable for up to 5 years in prison.

You can be charged with Dealing in Stolen Property if you sold or bought an item you knew or should have known was stolen. This 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 16 year-old Jacksonville Grand Theft Auto suspect who was running away from the police was shot on October 8th by Officer A.K. Hiers.

Florida law allows the police to use deadly force to "catch" a fleeing forcible felon. Officer Hiers chased Tyrone Taylor and said he felt threatened, but this time, we don't know what exactly made the officer feel threatened. Taylor was not armed with any weapon.

This is the 20th Jacksonville police shooting this year. There were 19 total in 2007. In Jacksonville's history, there has never been an unjustified police shooting.

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

As of October 1, 2008, it is a third degree felony to smuggle a cellphone into Florida's prisons. If convicted, you could receive up to 5 years in prison and a $5000.00 fine. The Florida law also prohibits possession of beepers, radios, or PDA's.

The Florida Department of Corrections is training dogs to detect cellphones in the inmates' cells. Prison officials believe an inmate having a cell phone will lead to escape plans being formed, drug deals being planned, and harassment of victims. Florida is the 3rd largest state prison system in the United States.

Last year, over 14,000 Jacksonville students in Duval County public schools skipped more than 20 days of class according to the Florida Times Union at Jacksonville.com. Of that number,

- 53% were boys
- 47% were girls
- 48% were African American
- 38 % were White
- 7% were Hispanic

When children are not in school, they are more likely to commit crimes and this is a major concern for the Jacksonville Journey. According to Jacksonville united Against Truancy, 44% of juvenile violent crimes are committed during school and 75% of the inmates in jail were truants at one time.

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

Jacksonville resident, Chris Watkins, was arrested for the armed robbery of the Super 8 Motel on International Speedway in Volusia County. Police say he was carrying a gun and wore a mask while demanding cash from the front register.

To be convicted of Armed Robbery in Florida, the state attorney has to prove that the man took money with the intent to permanently keep it and in the course of taking the money, put the clerk of the hotel in fear of force, violence, or assault. Of course, they must also prove he used a gun during the robbery.

Armed Robbery is a first degree felony punishable for up to life in prison.

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

Jacksonville resident, Billy Woods, was approached in his home by a man in full fire marshal uniform driving a white car with the Jacksonville Fire Department's logo. The man requested to search Woods' house and "inspected" his home for 10 minutes.

The Jacksonville Fire Department will come out and inspect your house if you request it, but Woods never put in such a request. Woods has reported the incident to the Jacksonville Sheriff's Office. Impersonating a fire marshal is against both Florida law and Federal law.

There are certain criminal laws in Florida concerning marriage.

It is common sense that legally, you cannot marry someone else if you are already married. In addition, it is also a crime to marry someone you know is married to someone else even if you are single yourself. These both are crimes of Bigamy and are third degree felonies punishable for up to 5 years in prison.

There are some exceptions to the rule:

You can marry someone else if you are married if

1. You think your prior spouse is dead.

2. Your prior spouse deserted you for 3 years continuously.

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

The Jacksonville Youth Crisis Center was not funded by the Jacksonville Journey in the new budget, according to Jacksonville.com. One of the goals of the Jacksonville Journey is establishing crime prevention programs, and the Jacksonville Crisis Center is one of the best.

The Center is there for all Jacksonville youth that are in trouble from domestic disputes at home that lead to the child to run away or to get kicked out of the house. The program has Project Safe Place, where all Jacksonville Children can go if they are in trouble. The Center also provides a short-term shelter and counseling to troubled children. Family outpatient counseling is also available.

Five correctional officers from Dade Correctional Institution have been arrested for attempting to traffic drugs inside the maximum security prison in Florida City. The FBI reports that Captain Jimmy Love Jr., Officer Dennard Flukler, Officer Alex Davis, Officer Ivis Grace, and Officer Shantavia Johnson conspired and attempted to sell drugs to inmates in the prison.

Each of these officers could be punished by serving 20 years in prison and be charged with a $250,000 fine.

All law enforcement officers, including correctional officers, have accepted a position to maintain law and order. When you are in the business of enforcing laws, you should be held to a higher standard in society when you break the laws you enforce on others.

A police officer in Polk County, Florida has been arrested for selling Oxycontin to a detective. Shawn Lucas, who was off-duty at the time, agreed to sell the detective 4.4 grams (15 pills) for $200.00. After the arrest, the detective found a loaded handgun in Lucas' car. He was charged with armed drug trafficking.

The crime of Trafficking in drugs in Florida has different levels depending on the type of drug and the amount of drugs possessed. In this case, because the weight of the Oxycontin is over 4 grams, it qualifies as a trafficking amount. If the amount possessed was over 4 grams, as in this case, there is a 3 year minimum mandatory prison sentence and a $50,000.00 fine. Possessing the gun will also enhance the possible punishment.

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

Recently, a couple in Baker County was sentenced to 15 years in prison followed by 10 years on probation for Aggravated Child Abuse and Child Neglect. The two women beat the boy with a belt, broke his toes, kicked him in the stomach, made him eat shampoo, and many other awful things.

In order to be convicted of Aggravated Child Abuse, the state attorney has to prove that you

1. committed an aggravated battery on a child

2. willfully tortured, maliciously punished, or willfully and unlawfully caged a child
OR

3. knowingly abuse a child and by doing it, you caused great bodily harm, permanent disability, or permanent disfigurement to the child.

If convicted of Aggravated Child Abuse, a first degree felony, the maximum punishment you could receive is 30 years in prison.

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

The crime of Carjacking is taken very seriously in Florida. To be convicted of the crime,

You have to take a car from someone

with the intent to permanently or temporarily deprive them of it

and in the course of the taking, you use force, violence, assault, or put them in fear.

If you have a gun or other deadly weapon during the carjacking, the crime is a first degree felony, punishable for up to life in prison.

If you had no gun or deadly weapon, the crime is a first degree felony, punishable for up to 30 years in prison.

According to the Bureau of Justice Statistics,

- 45% of victims of nonfatal carjackings faced a carjacker with a gun

- 11% of victims say the offender had a knife

- 67% of victims resisted the attacker

- 93% of the offenders are male

If you have any questions about carjacking crimes in Jacksonville, call our Jacksonville Violent Crimes Lawyers at (904) 634-0900.

A Florida police officer was arrested for Stalking, Official Misconduct, and Accessing Computers Without Authority in Gainesville. Adam Treinen is accused of acting like a University of Florida student to gain access to a real student's personal information on the university's computer network. Police say Treinen also used his restricted access to utilize databases only officers can see to conduct searches on the student and his ex-girlfriend. He is on administrative leave until further investigation can be completed.

To be convicted of Misdemeanor Stalking in Florida, the police officer would have to:

Willfully, maliciously, and repeatedly

follow, harass, or cyberstalk this student.

If convicted, the officer could face one year in jail.

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

Recently, a Florida Department of Children and Families worker was arrested on drug charges in Lakeland, FL. Vonelle McCormick was arrested for possession of marijuana by the Violent Crime Task Force.

The Florida Department of Children and Families is a government entity that has many responsibilities and a tremendous amount of power. DCF is charged with:

Abuse Hotlines
Adoption
Adult Services for elderly or disabled adults
Child Abuse Prevention and Investigation
Child Care
Community-Based Care
Child-Care Training
Domestic Violence Education