Posted On: November 30, 2008

How does Jacksonville's Crime Rate Compare to Miami and Tampa?

Jacksonville's crime rate has been the subject of much discussion during the past year. With police shootings, murders, and violent crimes on the rise in 2008, how did Jacksonville rank compared with other Florida cities in 2007?

The FBI released crime numbers from 2007 on many U.S. cities. Here is how Jacksonville compares to Miami and Tampa on crimes:

Violent Crimes Overall - Jacksonville ranks the lowest.

Murder - Jacksonville ranks second with Miami having the highest number.

Rape - Jacksonville had the most rapes.

Robbery - Jacksonville had the second highest number of robberies.

Aggravated Assault - Jacksonville had the lowest number of agg. assaults in 2007.

Thefts - Jacksonville had the most larcenies/thefts.

It will be interesting to see how Jacksonville ranks among Florida cities on crimes committed in 2008.

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

Posted On: November 29, 2008

Traffic Tickets in Jacksonville

If you have been pulled over by the Jacksonville police and received a ticket, contact a lawyer to explore your options.

When you just pay the ticket, points will be assessed on your Florida Driver's License and if you accumulate enough points, the state will suspend your license. Not only will that impair your ability to drive, if you do drive on a suspended license, you could receive Driving on a Suspended License charge. That is a criminal charge that may require you to appear in criminal court.

If you have any questions about a traffic ticket in Jacksonville, call our Jacksonville Ticket Attorneys at (904) 634-0900.

Posted On: November 28, 2008

Florida Teachers and Sex Crimes

A recent article in the Orlando Sentinel addressed the increasing rate of sex crimes committed by teachers in Florida. Around 150 teachers have been accused and disciplined during the last 3 years. They have all been accused of having improper sexual contact with their students.

The United States Department of Education estimates that 10% of American public school students have been exposed to sexual attention from school employees.

In this "information age", with email and text messaging being used so frequently, there is often a paper trail of this sexual contact. Teachers in Florida have been charged with Sexual Battery, Lewd and Lascivious Conduct, among other sex charges.

If you or anyone you know have questions about sex charges in Jacksonville, call our Sex Crime Attorneys in Jacksonville at (904) 634-0900.

Posted On: November 27, 2008

Juvenile Crime in Jacksonville

According to the Florida Times Union, the number of juveniles committing violent felonies in Jacksonville has increased in the past year.

The total number of violent crimes committed by juveniles increased from 881 during 2006-2007 to 914 during 2007-2008.

The number of violent crimes committed by juveniles in Jacksonville during 2007-2008 are:

Murder - 10
Attempted Murder - 1
Resisting Arrest with Violence - 15
Throwing Deadly Missiles - 35
Rape/Sexual Battery - 51
Armed Robbery - 139
Aggravated Assault/Aggravated Battery - 482

When a juvenile is charged with any crime, the consequences could be major to the juvenile and the parents. Contact an experienced Jacksonville Juvenile Attorney at (904) 634-0900 if you have any questions.

Posted On: November 26, 2008

What to ask when hiring a Jacksonville Criminal Attorney?

There are many criminal defense lawyers in Jacksonville, Clay County, St. Johns County, and Nassau County. In that mix of attorneys, many advertise that they are "Former Prosecutors". That means that before they decided, for whatever reason, to start defending people charged with crimes, they devoted every work day to prosecuting them.

Some questions you could ask them are:

How long were you a prosecutor?

How many people have you put in jail?

How many people have you put in prison?

Have you ever prosecuted someone you thought may be innocent?

Did you always believe the police?

Even if you didn't believe the police on a case, did you prosecute the criminal charges anyway?

What made you switch sides?

At The Forbess Law Firm P.A., all of our Jacksonville Criminal Defense Attorneys are proud to say we have NEVER been prosecutors. We have always defended citizens who have been charged and arrested.

If you have any questions about criminal charges or if you have been arrested in Jacksonville, don't hesitate to call our Jacksonville Criminal Attorneys 24 hours a day 7 days a week at (904) 634-0900.

Posted On: November 24, 2008

More Legal Terms You Should Know

Threat - A communicated intent to harm someone.

Truancy - The intentional failure to attend school by a juvenile who is required to attend. Parents of a juvenile may be arrested if their children repeatedly fail to go to school.

Trusty - A inmate who is given special privileges because they are considered trustworthy by jail authorities.

Uttering - The crime of presenting a fake or worthless check with the intent to defraud the person you are presenting it to.

Venue - The proper place for the trial because that place is where the crime was committed. If a crime is committed in Duval County, the proper venue, or location for trial, is Jacksonville.

Verdict - The jury's finding or decision of Not Guilty or Guilty in a criminal case.

Victim Impact Statement - A statement read into the record during a sentencing on criminal charges to inform the judge the physical, psychological, and financial impact the crime had on the victim and their family.

Voir Dire - Jury Selection. The process of examining and questioning possible jurors on a criminal case. The jury member is considered suitable if they can be fair and impartial in their determination of the guilt or innocence of a person accused of criminal charges.

Warrant - A court order directing JSO to make an arrest or search.

Work Release Program - In Jacksonville, if you plea to criminal charges, you may be eligible for work release. You sleep in custody, but during the day, you are allowed to leave custody and work. The work release program gets a percentage of your pay.

Posted On: November 23, 2008

Legal Definitions Part 15

Summons - An order from the Court directing the sheriff to summon a criminal defendant to appear in Court.

Suppress - To put a stop to.

Suppression Hearing - A pretrial hearing in a criminal case where the criminal defense attorney is seeking to prevent the introduction of evidence alleged to have been seized illegally by the police.

Surety - A person who is primarily liable for the payment of another's debt.

Surveillance - Close observation or listening of a person or place in order to gather evidence in a potential criminal case.

Temporary Restraining Order - A temporary court order restricting your ability to be around someone, their work, and their home until a determination in court can be made about a permanent injunction.

Posted On: November 22, 2008

FDLE Cuts

With the current budget crisis in Florida, the Florida Department of Law Enforcement is included in the agencies that have to make cuts. If FDLE cuts the proposed $18 million from their budget, they may have to eliminate two programs:

1. Amber Alerts

2. Sex Offender Registry Notices

Amber Alerts are issued and inform the public about missing children who may have been kidnapped.

Sex Offender Notices lets the public know if a sex offender or sex predator moves in their area.

If you or someone you know has been charged with a crime in Jacksonville, call our Jacksonville Criminal Defense Lawyers at (904) 634-0900.

Posted On: November 21, 2008

Two Baker County Men Imitate Transportation Workers in Jacksonville

Middleburg residents, Keith Allen and Gary Connor, have been arrested for Grand Theft by the Jacksonville Sheriff's Office. They are accused of stealing roadside railings and hardware. They are being held in the Duval County Jail on $100,003 and $50,003 bonds. Grand Theft is a third degree felony punishable for up to 5 years in prison.

Grand Theft is a non-violent crime. There are two reasons to set a high monetary bond:

1. If the accused person poses a danger to the community or

2. If the person accused is a flight risk.

A judge would have looked at these two men's criminal records and considered their ties to the community.

If you have any questions about a bond reduction in Jacksonville, please call our Jacksonville Bond Reduction Attorneys at (904) 634-0900.

Posted On: November 20, 2008

Part 14 of Criminal Definitions

Smuggling - The crime of importing or exporting illegal items.

Sobriety Checkpoint - Many times in Jacksonville, JSO will set up a DUI (Driving Under the Influence) checkpoint at various areas around town. The police set up a roadblock to detain drivers in order to determine if they are impaired. The Jacksonville police must follow specific guidelines when conducting these checkpoints. Often, they are set up at the base of Jacksonville's intercoastal bridges, including Atlantic Blvd. and Beach Blvd.

Statute - Laws passed by the Florida legislature. Every crime has its own statute number.

Statute of Limitations - A time limit for prosecuting a crime based on the date the incident occurs. The reason we have this is to require the government to diligently prosecute known crimes while evidence is reasonable available and fresh.

Subpoena - A court order commanding the appearance of a witness in a criminal case.

Subpoena duces tecum - A subpoena ordering not only the witness to appear, but to also bring specified records.

Posted On: November 19, 2008

More Criminal Legal Terms Defined

Self-Defense - The use of force to protect yourself from a threatened physical attack. This is called an affirmative defense from the criminal defense side of the table. This defense can be asserted in violent crimes in Jacksonville, including Aggravated Battery, Aggravated Assault, Domestic Battery, Simple Battery, and Fighting.

Self-Incrimination - The act or declaration that you admit guilt or connection with a crime.

Sentence - The judgment that a criminal court formally pronounces after finding a defendant guilty of criminal charges.

Concurrent Sentences - If you are found guilty of more than one crime, your sentences for both charges can run concurrent, which means they are served a the same time. For example, if you are convicted of both DUI and Resisting an Officer Without Violence, a judge could sentence concurrently to 5 days on the DUI and 10 days on the Resisting charge. Because you will be sentenced concurrently, the full amount of time you will serve is 10 days.

Consecutive Sentences - Separate sentences that are to be served back to back, not together. For example, if you are convicted of Possession of Marijuana and Possession of Drug Paraphernalia, the judge could sentence you to 5 days on the pot charge and 20 days on the paraphernalia charge. You will serve the 5 day sentence first and then begin your 20 day sentence after.

Sixth Amendment - The constitutional amendment that guarantees, in criminal cases, the accused to a right to a public and speedy trial by a jury of your peers. You have the right to be informed of the charges against you, the right to confront the witnesses in the case, the right to have a criminal defense lawyer to represent you, and the right to compel witnesses who have information favorable to you.

Posted On: November 18, 2008

Pretrial Intervention Program

When you are arrested for either a felony or misdemeanor in Jacksonville, Duval County, Clay County, or Nassau County, you may be qualified for the Pretrial Intervention Program. If you have little or no criminal record, your chances of being picked for this program go up. You sign a contract to be placed on a kind of "probation". During that time, your criminal charges will not be filed. You will agree to either pay some amount of money, perform community service, or other duty. If you complete your end of the bargain, the state attorney will drop your criminal charges.

It is very important to contact a criminal defense lawyer as soon as possible after you are arrested on criminal charges in Jacksonville to look at the possibility of being placed in this program. Contact our Criminal Defense Attorneys in Jacksonville at (904) 634-0900. You will speak to a lawyer 24 hours a day 7 days a week.

Posted On: November 17, 2008

What happens when I am arrested on felony charges in Jacksonville?

When you are arrested for a felony in Jacksonville, the prosecutor has about 21 days to make a decision about what to do with your case. They could:

1. File felony charges in Jacksonville.

2. Reduce the felony charge to a misdemeanor charge.

3. Send you to the Pretrial Intervention Program.

4. Drop your criminal charges outright.

That is why it is so important to hire an attorney as soon as possible after an arrest in Jacksonville. An experienced Jacksonville criminal lawyer can look at the charges and make contact with the state attorney assigned to the case.

If you have any questions about felony charges in Jacksonville, don't hesitate to call our Experienced Jacksonville Criminal Attorneys for a free consultation 24 hours a day at (904) 634-0900. You will speak to a lawyer.

Posted On: November 16, 2008

Criminal Law Terms You Should Know

Retainer - A fee paid to a Jacksonville criminal lawyer to secure legal representation for your criminal charges.

Retrial - A new trial in a case that has already been tried.

Right to Counsel - If you are facing criminal charges, you have a constitutional right, which is guaranteed by the 6th Amendment, to be represented by a criminal lawyer even if you can't afford to hire one.

Ruling - The outcome of a judge's decision on some point of law.

Scofflaw - A person who treats the law with contempt.

Search - The examination of people or their property with the intent to find evidence not in plain view.

Search Warrant - A judge's written order on behalf of the state authorizing the police to to search for evidence at a specific address.

Posted On: November 15, 2008

Part 11 of Legal Terms You Should Know

Privilege - A special legal right that is granted to a class of people. In cases of Attorney-Client Privilege, the client can refuse to disclose and prevent any other person from discussing confidential communications between a client and their criminal attorney.

Probable Cause - A reasonable ground to suspect that a person has committed a particular crime. The standard is "more likely than not".

Probative - Tending to prove or disprove something.

pro se - When you are pro se, you are acting on your own behalf without the assistance of a criminal lawyer. You are acting as your own attorney.

Cruel and Unusual Punishment - Punishment that is disproportionate to the crime you are charged with. Degrading, inhuman, or otherwise shocking to the moral sense of the community.

Reasonable Doubt - A doubt that prevents you from being firmly convinced of a criminal defendant's guilt. The belief that there is a real possibility that the defendant is not guilty.

Rehabilitation - In criminal law, the improvement of a criminal defendant's character so that he can function in the community without committing future crimes.

Restitution - The money that is owed to a crime victim for damage they have suffered. It can be money for damaged property, doctor bills, even for bad checks.

Restraining Order / Injunction - An order from the Court that prohibits a person from contacting or approaching another person. Typically, if an injunction is entered, in addition to no verbal contact, you cannot go within 500 feet of the other person, their home, or work. If you do, or the other person tells the police you did, you can be arrested for Violation of Injunction, which is a first degree misdemeanor punishable for up to 1 year in jail.

If you have any questions about crimes in Duval County, Clay County, Nassau County, or St, Johns County, call our Jacksonville Criminal Lawyers at (904) 634-0900.

Posted On: November 14, 2008

Criminal Definitions in Florida

Pardon - The act of officially stopping punishment or other legal consequences of a crime. The pardon is issued by Governor Charlie Christ in Florida.

Petition - In Juvenile criminal cases in Jacksonville, a petition is filed as the charging document. It lets the child and the criminal defense lawyer know the specific crimes the child is being charged with.

Plea Bargain - An agreement between a Jacksonville criminal defense lawyer and the prosecutor to resolve a case on behalf of the client. An agreement can only be reached with the permission of the person charged with the crime.

Pleading the Fifth - Asserting your right against self-incrimination under the Fifth Amendment of the United States Constitution.

Polygraph - A machine that evaluates truthfulness by recording involuntary physical changes in the body. It's results are not admissible in a criminal trial, but if a person facing criminal charges "passes" the test, they can be presented to the prosecutor to try to persuade them to drop criminal charges.

Possession of Drugs or Guns - Many times in criminal charges of possession of drugs or possession of a firearm, the type of possession is critical. Actual possession means the police found the item on your person. Constructive possession means that the item was in your control, but not literally on you.

Precedent - A decided criminal case that is the basis for determining later cases involving similar facts or issues.

Presentence Investigation Report (PSI) - If you plea straight up to the judge in a criminal case, it is out of your hands what happens to you. The judge has to make a decision about your sentence and the presentence investigation report helps him or her with that decision. The Florida Department of Corrections looks into your educational, familial , criminal, and social background and presents a picture of who you are to the judge.

Presumption of Innocence - If you are arrested for criminal charges, you are presumed innocent until proven guilty beyond a reasonable doubt. This is a fundamental criminal law principle that makes the government prove you guilty of what they are charging you with. The burden is on the prosecution, not you.

Prior Inconsistent Statement - A witness's earlier statement that conflicts with their testimony in a criminal trial. The Jacksonville criminal defense lawyer can introduce the prior statement to point out to the jury that the witness is saying something different this time than before. It goes to their credibility as a witness.

Posted On: November 13, 2008

Crime Down in Fernandina Beach, but Up in Nassau County as a Whole

The Florida Department of Law Enforcement has released its 2008 crime report. The numbers in the report show crime in Fernandina has gone down and Nassau County as a whole has shown an increase in certain crimes.

The numbers of arrests and crimes committed in 2008 are:

Nassau County

Grand Theft Auto - 60 (down 20 from 2007)

Theft - 624 (up 82 from 2007)

Burglary - 259 (down 22 from 2007)

Aggravated Assault - 372 (down 28 from 2007)

Robbery - 18 (up 4 from 2007)

Rape - 2 (down 6 from last year)

Homicide - 1 (same)

Fernandina

Grand Theft Auto - 4 (down 14 from last year)

Theft - 165 (down 5 from last year)

Burglary - 37 (down 20 from 2007)

Aggravated Assault - 15 (down 5 from 2007)

Robbery - 10 (up 3 from last year)

Rape - 0 (down 5 from last year)

Homicide - 0 (same)

If you have questions about criminal charges in Nassau County / Fernandina Beach / Amelia Island, call our Nassau County Criminal Defense Attorneys at (904) 634-0900.

Posted On: November 12, 2008

New Marijuana Laws

Marijuana laws changed in two states this election season.

In Massachusetts, it will no longer be a crime to possess less than one ounce of marijuana. (pot) There will be no more criminal penalties, which were 6 months in jail and a fine of $500.00. This measure passed by 30%, even though the poice, Mothers Against Drunk Driving (MADD), the governor, and the mayor of Boston were against it.

In Michigan, seriously sick patients will be able to use marijuana for medical purposes with a doctor's approval. These patients can grow the pot and have it in their possession. The patients will be given an ID card. This measure passed by 26%.

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

Posted On: November 11, 2008

"All Pro Dad" Now in Jacksonville

With crime increasing in Jacksonville, everyone is searching for solutions. One possible program to reduce the crime rate is "All Pro Dads". This program is focused on bringing fathers who have been gone from their children's lives back.

"All Pro Dads" holds events where activities include meeting football players, raffles, interactive sports, etc. The goal is to facilitate communication between fathers and their children.

Posted On: November 10, 2008

Criminal Defense Law Definitions

No Contest - A criminal defendant's plea that the defendant will not contest the charge. When a criminal suspect enters this plea, he or she is not admitting guilt.

Nolle Prosequi - Literally means "not to wish to prosecute". It is legal notice that the criminal charges have been dropped. The criminal charges have been dismissed.

Notice of Appearance - A criminal defense lawyer's written notice filed with the court announcing on the record that he or she is representing someone who has criminal charges against them.

Oath - A pledge by which a person swears to tell the truth.

Objection - A formal statement by criminal defense counsel that he or she protests something that has occurred in court and seeks a judge's ruling on the point.

Offender - A person who has committed a crime.

Offense - A violation of law.

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

Posted On: November 9, 2008

Part 8 of Criminal Definitions

Larceny - The criminal taking and carrying away of someone else's property with the intent to permanently or temporarily deprive them of it. Categories of larceny in Florida include petty theft and grand theft.

Laundering - The federal crime of transferring illegally earned money through legitimate people or accounts so that the original source of the money cannot be traced.

Malice - The intent to commit a criminal act with a reckless disregard of the law.

Miranda Rule - The requirement that, before the police can question you about a crime while you are detained, they must inform you of the right to remain silent so as to avoid self-incrimination and the right to have a lawyer present.

Misdemeanor - A crime punishable by a year or less in the Jacksonville jail, not prison. Examples include DUI, Domestic Battery, Petty Theft, Resisting an Officer Without Violence, Possession of Less than 20 grams of Marijuana, and Possession of Paraphernalia.

Mistrial - A trial that ends without a verdict because of a procedural error or misconduct during the trial. A mistrial can also occur if the jury cannot agree on a verdict.

Motive - The willful desire to cause one to act.

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

Posted On: November 8, 2008

More Criminal Terms Defined

Jailhouse Lawyer - A prison inmate who gives legal advise to other inmates.

Judicial Notice - When a criminal court accepts a well-known and indisputable fact without requiring the lawyer to prove it. (The trial court took judicial notice of the fact that government offices are closed on Christmas)

Jurisdiction - A court's power to decide a case or issue a decree. (Criminal Circuit Court has jurisdiction over felony criminal cases)

Juris Doctor - Also known as J.D. It means Doctor of law and is the law degree given by American law schools.

Jury - A group of people selected according to law and they are given the power to decide questions of fact and return a verdict in the case submitted to them.

Jury Instruction - A guideline that a judge gives a jury concerning the law of the case.

Jury Nullification - A jury's intentional rejection of the evidence or refusal to apply the law. Juries do this because they want to send a message about some social issue that is bigger than the case itself or because the result dictated by the law is somehow unjust.

Juvenile Delinquent - A child (minor) who is guilty of criminal charges and is punished by special juvenile laws that do not apply to adults.


Posted On: November 7, 2008

Part 6 of Criminal Definitions

Impairment - The fact or state of being damaged, weakened, or diminished. You can be arrested for DUI (Driving Under the Influence) in Jacksonville, Florida if you are driving a car while under the influence of alcohol to the extent your normal faculties are impaired.

Implicate - To claim that a person is involved in a crime.

Impound - To place a car or other personal property in the custody of the police. Many times, when you are arrested for felony criminal charges in Jacksonville and the police claim that a car was used in the commission of the felony, the police will impound your car. If money is owed on the car, the police will usually release the car back to you if you pay the impound and towing fees. If you own the car free and clear, the police are more likely to try to keep your car.

Imprisonment - The act of confining a person in prison in Florida.

Inchoate - When a crime is partially completed.

Incriminate - To charge someone with a crime or indicate someone's involvement in a crime. (The state incriminated the robbery suspect in Jacksonville)

Indigent Defendant - A person who cannot afford to hire a criminal lawyer is eligible to receive the services of the Public Defender in Jacksonville. Everyone, no matter their financial status, is entitled to a criminal defense lawyer if they are charged with a crime.

Informant - Someone who gives the police information on another person usually in exchange for something. If you have pending criminal charges in Jacksonville and you have information on another crime, you may receive some consideration if you tell what you know.

Information - The formal criminal charging document filed by the prosecutor. The information shows the actual crimes you are being charged with. It has to be sworn-to by the prosecutor who signs it.

Posted On: November 6, 2008

Jacksonville Operation Safe Streets Begins Again

This month, $4 million will go to the Jacksonville Sheriff's Office to increase police presence in Jacksonville's most violent neighborhoods. The money will go to "Operation Safe Streets", which is JSO's attempt to reach out to the community while tracking violent criminals. Police are watching out for violent crimes and gun crimes.

Sheriff John Rutherford wants to add 225 new police officers over the next 5 years. The goal is to create more "community policing" in the areas of Jacksonville where the crime rate is the highest.

Posted On: November 5, 2008

Criminal Definitions Part 5

Felony - A crime that exposes you to imprisonment for more than one year or death. Felony crimes include Aggravated Assault, Aggravated Battery, Burglary, Arson, Robbery, Child Abuse, and Carrying a Concealed Firearm.

Felony-Murder Rule - The Florida law that makes you accountable if you are committing a felony with someone and the police kill your partner while investigating the crime.

First Chair - The criminal defense lawyer who acts as the lead attorney in court for a trial.

Gag Order - When the judge orders the attorneys, witnesses, and criminal defendants to not speak about a case to anyone, including the media.

Habeas Corpus - It literally means "you should have the body" In criminal law, you have to be brought before the court to determine if your imprisonment legal or not.

Harboring - The act of giving shelter or refuge to a criminal, or person accused of criminal charges.

Hearsay - A statement made out of court that is offered as true. These statements are not allowed unless they fit into a hearsay exception.

House Arrest - The confinement of a person who is accused of a crime or convicted of a crime to their home. They can also be monitored by an ankle monitor. Many times with house arrest in Jacksonville, you will be allowed to leave home only for work, to see the doctor, or school.

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

Posted On: November 4, 2008

Voting Rights of Felons

Recently, many states have changed their laws regarding the restoration of civil rights of felons. According to the Los Angeles Times, about 760,000 felons had their rights restored in the last 10 years. Advocacy groups claim that around 5.3 million citizens cannot vote because of their felony conviction.

The State of Florida has restored the voting rights of around 120,000 felons who had served their time. If you have been convicted of a felony and would like to restore your civil rights, visit the American Civil Liberties Union of Florida.

Posted On: November 3, 2008

Your Right to A Trial

Under the Florida Constitution, if you are accused of a crime, you have certain rights.

1. You have the right to receive a copy of the specific criminal charges you are accused of committing.

2. You have the right to compel the testimony of all witnesses relevant to the criminal charges against you.

3. You have the right to confront (or cross examine) all of the prosecutor's witnesses used against you in court.

4. You have the right to a speedy trial by an impartial jury in Duval, Clay, Nassau, or St. Johns County, depending where the prosecutor says you committed the crime.

Often, there is a "trial penalty" for exercising your right to a have a trial. If you believe you are innocent of the criminal charges against you and the prosecutor will not drop the charges, you may have a trial. If you are found guilty of the crime, it is up to the judge to sentence you to any way they wish. Many times, you will receive a more lenient sentence if you negotiate with the prosecutor or plea straight to the judge than you would if you exercised your right to have a trial.

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

Posted On: November 2, 2008

Jacksonville Police Officer "demonstrated gross incompetence"

Sgt. Roderic Feacher, a police officer at JSO for 12 years, was suspended for 10 days without pay for a road rage incident in April. He was driving his personal car, not patrol car, and claims he was run off the road by another driver.

The JSO officer then followed the other driver, Charles Rowe, to his home. Feacher then got out of his car and identified himself as an officer, but was not in uniform, did not have a badge, did not have a gun, and did not have any law enforcement tools. Feacher ordered Rowe to come off his property many times and when Rowe rightly refused, accounts say Feacher threw 3 unprovoked punches with 2 of which hit Rowe. Witnesses also say Feacher choked Rowe.

The State Attorney's Office did not file criminal charges against Feacher, but JSO internal affairs reduced the battery reprimand to unbecoming conduct, improper action, and disorderly conduct. JSO Chief, Wayne Clark, said that Feacher's behavior "demonstrated gross incompetence". In his 12 years on the police force, Feacher has had 13 complaints against him and was ordered to counseling once in 2000.

Although he will receive a 10 day no-pay suspension, Feacher will not face jail time or a fine and will be able to resume his normal police duties. The average (non-police) citizen would have been arrested, at a minimum, for simple battery. A battery charge is when someone touches another person against their will or intentionally harms another. The average citizen would have been arrested, forced to pay a bond to be released from jail, and fight their case in court. The average citizen would have faced a year in jail and a large fine.

Feacher will be allowed to wear the uniform of authority, even though he has "demonstrated gross incompetence" and has been ordered to counseling in the past. He will be allowed to shoot an average citizen with immunity, as there has never been an unjustified police shooting in Jacksonville. Do we want police officers with bad tempers and bad judgment on the streets of Jacksonville, especially as a Sgt.?

Posted On: November 1, 2008

Part 4 Criminal Legal Definitions

Discovery - Required disclosure of facts or documents relevant to a criminal case. When requested, the state attorney has to give all police reports, videos, and any other evidence in the case. The state attorney has to also give evidence that tends to negate the guilt of the arrested suspect.

Deposition - A witness's out-of-court sworn testimony. A Jacksonville defense attorney is able to ask any state's witness questions under oath.

Due Process - The conduct of legal proceedings according to the rules established for the protection of your rights.

ex post facto - After the fact. ex post facto criminal laws are unconstitutional because if you do something that is later made illegal, the government cannot then go back and arrest you for an act that was legal at the time.

Expungement of Record - The removal of convictions from your criminal record.

Extradite - To surrender or deliver a fugitive to another city or jurisdiction. If you have an outstanding warrant in Clay County and are arrested in Jacksonville, you could get extradited to Clay.

If you or anyone you know has questions about criminal charges in Jacksonville, Clay County, Nassau County or St. Johns County, call our Jacksonville Criminal Attorneys at (904) 634-0900.