Jacksonville Criminal Attorney Blog

Florida corrections officer, Paul Tillis, was found guilty this month of assaulting a prison inmate. Tillis was tried in federal court for violating the inmate's civil rights. The officer worked at Raiford prison and poured boiling water on the inmate. The inmate had 2nd degree burns on his chest and to add insult to injury, Tillis refused to get medical attention for him.

The Florida officer could get 10 years in prison and a $250,000 fine.

If you or someone you know has been arrested in Jacksonville, contact our Jacksonville Bond Reduction Lawyers at (904) 634-0900.

When you are arrested for DUI in Jacksonville, the traffic ticket you get from the arresting officer for DUI is your driver's license business-only permit for 10 days from the day you are arrested. It is not a regular driver's license, but you will be able to drive to work, the doctor, or school on the permit.

Within that 10 days, a Jacksonville DUI Attorney can request to have a formal administrative hearing with the Florida Department of Motor Vehicles. After the request is made, a Jacksonville DUI Lawyer will get you an extension on the temporary driving permit to keep you driving until the outcome of the hearing.

If you have been arrested in Jacksonville for DUI (Driving Under the Influence), call our Jacksonville Criminal DUI Attorneys at (904) 634-0900.

When a juvenile has been arrested in Jacksonville, they have to be released to a parent or guardian. Before it was closed in 2005, the Jacksonville Juvenile Assessment Center would take in these juveniles while their parents or guardians were being found. The Center is now re-opened and is responsible for processing juveniles if they were not arrested in Jacksonville for something dangerous enough to warrant taking them to the Duval County Jail. The Center handles juveniles arrested in Jacksonville, Clay County, and Nassau County.

If you are looking for a Jacksonville Juvenile Attorney, call our Jacksonville Juvenile Law Firm at (904) 634-0900.

If you are pulled over for any reason by JSO and the officer asks you to perform field sobriety exercises, he has to have "reasonable suspicion" to believe you are driving under the influence. If the officer just "smells the odor of alcohol" on your breath, that by itself with no other indicators of DUI will not be enough for him to ask you to perform the exercises.

The officer will have to cite specific facts to reasonable suggest that a crime has occurred, i.e., driving under the influence in Jacksonville. In addition to smelling alcohol, JSO almost always includes these indicators of impairment in their reports:

red, bloodshot eyes
watery eyes
stuttered or slurred speech
flushed face

An experienced Jacksonville DUI Lawyer can analyze the facts of your case and advise you of any legal issues with the way the police handled your case.

Call our Northeast Florida DUI Attorneys at (904) 634-0900 today. We handle DUI cases in Duval County, Clay County, St. Johns County, Nassau County, and all of Northeast Florida.

Florida's law enforcement community is cracking down on gangs in Florida. Jacksonville sheriff, John Rutherford is joining the fight according to an article in The Times Union. He has initiated cooperation with other counties and has also participated in the felon re-entry program, DISMIS, which helps convicted felons when they are released from jail or prison. There are approximately 16 active gangs in Jacksonville and their primary source of income is selling illegal drugs.

According to the Florida Attorney General's Office, there is around 1500 gangs currently in Florida with 65,000 people involved.

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

Under Florida law, you commit a battery if you

- intentionally touch someone against their will OR

- intentionally harm someone.

It is labeled "domestic" if the two people are living together as if a family or have a child in common. Both simple battery and domestic battery in Florida are punishable for up to one year in jail.

If the battery is labeled "domestic", there are certain additional punishments for someone convicted of the charge. You will have to complete the Batterers Intervention Program, which is a 26 week class about violence, you will pay an increased fine, and may have to spend some time in jail.

Florida has now passed the Barwick-Ruschak Act, which makes it easier for a victim of dating violence to get the protections afforded to a domestic battery victim. These victims are given the opportunity to go to a domestic violence shelter and ask a Florida judge for an injunction or restraining order.

If you have been arrested for domestic battery in Jacksonville, call our Jacksonville Domestic Battery Lawyers at (904) 634-0900.

When your car is stopped in Jacksonville for DUI (Driving Under the Influence), the police officer will ask you to perform field sobriety exercises to test your level of impairment. If you are pulled over by a Jacksonville DUI police officer, that officer will most likely have a video camera in his or her vehicle to record your performance on these exercises. Sometimes, the video will not be viewable and the officer will insist that he or she had a video malfunction.

There are several exercises Jacksonville officers ask DUI suspects perform. They are:

Horizontal Gaze Nystagmus
The Finger to Nose
Walk the Line
One Leg Stand
Rhomberg Alphabet

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

With crime on the increase these days, more people than ever are buying guns to protect themselves and their families. In Jacksonville and all of Florida, you cannot carry a gun that is concealed on your person or in your car unless you have a Florida concealed weapons permit.

In order to get a Concealed Weapons Permit in Florida, you must:

1. Be 21 years-old or over and a legal resident of America.

2. Not have any health problem that would prevent you from handling a gun.

3. Have not been convicted of any drug crime in Jacksonville or anywhere, and that includes possession of drugs within 3 years of your application.

4. Have not been committed to a mental health institution, unless you have a certificate from a psychiatrist who is licensed in Florida showing that you have not had any mental condition for 5 years.

5. Have not been convicted on any misdemeanor domestic battery charge unless certain conditions are met.

6. Have no injunctions in force against you that prevents you from committing repeat or domestic violence.

For more information about Florida Concealed Weapons Permits, click here.

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

Jacksonville resident, Lisa Green, was sentenced this week for DUI Manslaughter in 2007 when she was involved in a traffic crash that killed a man. She was sentenced to 10 years in prison and lost her privilege to drive a car permanently.

In Jacksonville and all of Florida, if you are driving under the influence in Jacksonville and cause the death of a human being, you can be prosecuted for DUI Manslaughter. There are many legal issues involved in these complicated DUI cases and an experienced Jacksonville DUI Lawyer can advise you of the issues and your rights.

Call our Jacksonville DUI Law Firm at (904) 634-0900 with any questions concerning DUI (Driving Under the Influence) charges in Jacksonville, Clay County, Nassau County, and St. Johns County.

You cannot possess, sell, or buy a gun in Florida if:

1. You are a convicted felon.

2. If you are under indictment for a felony. (you can still possess a gun until you are convicted)

3. You are a fugitive. (if you failed to appear in court deliberately)

4. If you have been adjudicated as a "mental defective" or have been committed to a mental institution. If you voluntarily checked yourself into a facility, that does not count as a commitment.

5. You have renounced your American citizenship.

6. You have been convicted of misdemeanor Domestic Battery in Florida or elsewhere.

If you have been arrested in Jacksonville on criminal charges, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

In order to buy a handgun in from a licensed gun dealer, you have to be 21 years-old. If you want to buy a rifle or shotgun from a dealer, you need only be 18 years-old.

If you buy a gun from another private citizen, not a dealer, you can buy at age 18.

In Florida, you cannot sell any minor, person under 18, a gun or any type of weapon. If you do, you can be charged with a first degree misdemeanor and will be facing up to one year in jail. If you sell a minor a gun, the charge can be upgraded to a third degree felony punishable for up to 5 years in a Florida prison.

If you have been arrested on criminal charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

Gun laws in Florida can be confusing, so before we can discuss who can possess or purchase firearms and when, we have to look at the definition.

A firearm in Florida is any weapon that discharges a projectile by use of an explosive charge, or is designed or is readily convertible to such a use.

An exception to the customary definition of firearms is "antique firearms". These guns have to have been made during or before 1918, or be a replica. They also cannot use "fixed ammunition", unless the ammunition is not manufactured in America anymore. Fixed ammunition is self-contained ammunition consisting of a case, primer, explosive charge, and projectile.

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

JSO officer, Marcus Kilpatrick, was following an alleged traffic violator when he struck a truck and the 86 year-old driver was killed. There is no confirmation, at this point, that the officer's emergency lights were turned on. Witnesses at the scene say they were not, but there is no word on what Kilpatrick is saying.

Whenever a JSO officer kills someone, whether it is by bullet or car, the Fraternal Order of Police in Jacksonville sends a Jacksonville lawyer to talk to the officer before he or she gives a statement to ANYONE! This is called "Lawyering Up". After they have spoken to their Jacksonville attorney, they will give their side of the story.

Officer Kilpatrick's driving record should be analyzed. Does he have a history of speeding, either before becoming an officer or after? Has he ever been disciplined for making bad decisions? What was the law that the traffic violator violated that necessitated Kilpatrick to ignore the speed limit and drive recklessly?

If you have any been arrested for a crime in Jacksonville, call a Jacksonville Criminal Attorney at (904) 634-0900 to discuss your rights.

If you get arrested in Jacksonville on a criminal charge, before you bond out, call an experienced Jacksonville Criminal Lawyer NOW! The Jacksonville Criminal Defense Lawyer can look up all the appropriate information and can appear in first appearance court (J1) to address a bond reduction in Jacksonville. The Jacksonville Criminal Attorney will request that the person arrested in Jacksonville be released on their own recognizance (ROR) so the family and friends do not have to put up a bond to get that person released from jail.

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

A Jacksonville, Florida kindergarten teacher was arrested this week for a felony drug possession charge and a misdemeanor drug charge. The teacher was removed from her teaching job and was re-assigned to a position in which she will not have contact with children. The teacher was given an $1500.00 bond and she is now out on bond in Jacksonville.

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

January is Stalker Awareness Month according to the Florida Department of Health. The Department estimates that over 1,000,000 women and 400,000 men are victims of stalking every year in America.

Stalking in Florida is when someone willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
Stalking is a first degree misdemeanor punishable for up to one year in jail. It can be charged as a third degree felony if the victim is put in reasonable fear of death or bodily injury because of the stalking. The most time someone can get if they are arrested for felony stalking is 5 years.

If you have been arrested for a violent crime in Jacksonville, call our Jacksonville Violent Crime Attorneys at (904) 634-0900.

FDLE (Florida Department of Law Enforcement) will cut 85 positions in order to maintain their crime laboratories. This is yet another Florida government agency that has been effected by the dwindling budget. The FBI, in order to fill in for the vacancies, is in the process of hiring around 3000 analysts and agents.

FDLE aids local police departments by preventing, investigating, and solving crimes. The agency has 1988 employees and was established in 1967.

If you or someone you know has been arrested for a crime in Jacksonville, Clay County, Nassau County, St. Johns County, or anywhere in Northeast Florida, call our Jacksonville Criminal Lawyers at (904) 634-0900 24 hours a day, 7 days a week. You will speak to a Jacksonville Criminal Defense Attorney now!

Last week, Polk County police officer, Kimberly Torres, was arrested for two felonies. She is accused of using her police computer to get information about criminal defendants and giving it to someone else not associated with the law enforcement. She was arrested on two counts of Unlawful Use of a Computer.

Torres is accused of accessing information from the Florida Crime Information Center (FCIC), which contains information published by the Florida Department of Law Enforcement (FDLE).

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

Last week, JSO found 100 pounds of pot (marijuana) and weapons in Temario Wiley's home and car on the Southside of Jacksonville. Not only was he arrested in Jacksonville, but his roommate, Fred Campbell, was also arrested after United Parcel Service (UPS) delivered a 50 pound box of pot to the home.

Both men have been arrested for armed possession of drugs. Wiley's bond is $700,000 and Campbell's bond is $500,000.

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

New York money manager, Bernard Madoff, who was arrested for fraud in New York is wearing an ankle monitor (house arrest) while waiting for his criminal case to go to trial. The prosecutors in his case want his bond revoked because they claim he is trying to get rid of assets and therefore poses a risk to the community. His criminal defense attorneys argue that Madoff is not a danger to the community and is not a flight risk.

In Jacksonville and all of Florida, there are two reasons to set a monetary bond:

1. If the person arrested for a crime is a danger to the community OR

2. If the person arrested is a flight risk.

Each person arrested has the right to an individualized review of his or her situation. For more information on bond matters in Jacksonville, click here.

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

Over the holidays, St. Johns County police found it necessary to initiate "Operation Blue Christmas". They actually had police officers sitting outside the homes of people who had been convicted of DUI (Driving Under the Influence) in St. Johns County to watch and see if they came outside and got behind the wheel of a car. If you are convicted of a first DUI in Florida, your license is suspended for 6 months if you blow over the legal limit or 1 year if you refused. In either case, you are eligible for a hardship license to drive to work or school after 30 days on a 6 month suspension and after 90 days on a 1 year suspension.

It is not clear how long these officers waited outside each house for someone to come out. It is also not known if the officers bothered to check whether these people they arrested did in fact have a hardship license.

If you have been arrested for DUI in Jacksonville, call our Jacksonville DUI Attorneys at (904) 634-0900.

Jacksonville has 3 main colleges and like the rest of the city, have their own incidents of criminal activity. According to a report in the Florida Times Union, property crimes, such as theft, are occur the most often at Jacksonville schools.

Here is a break-down of the crime information for 2008:

Jacksonville University

Property Crimes (such as petty theft and grand theft) - 173

Violent Crimes / Sex Crimes - 66

University of North Florida

Property Crimes - 299

Violent Crimes / Sex Crimes - 19

Alcohol / Drug Related Crimes - 93

Traffic Violations - 97

Edward Waters College

Property Crimes - 47

Violent Crimes / Sex Crimes - 16

Alcohol / Drug Related Crimes - 1

If you have been arrested in Jacksonville, Florida, call our experienced Jacksonville Criminal Attorneys at (904) 634-0900.

Jacksonville, Florida is included as one of the cities where the homicide rate is down compared to the previous year. The Associated Press reports that Jacksonville, along with Houston, Boston, San Francisco, and Minneapolis, had less homicides last year than the year before.

Chicago, Washington D.C., Seattle, and Charlotte are among the cities with rising homicide rates.

Call our Jacksonville Criminal Lawyers at (904) 634-0900 if you have any questions about criminal charges in Northeast Florida.

A woman in Miami, Florida recently reported that her baby was missing. After investigating, the Florida police discovered that there never was a baby and the woman just wanted attention from a man in her life. The woman was arrested for Filing a False Police Report. Under, Florida law, this is a first degree misdemeanor, punishable for up to one year in jail.

If you have been arrested for a misdemeanor in Jacksonville, Florida, contact our Jacksonville Criminal Attorneys immediately at (904) 634-0900 to protect your rights.

America's poor economy is linked to a rise in novice thefts. People who are normally law-abiding citizens are turning to amateur thefts to supplement their incomes. According to the article, The Retail Industry Leaders Association reports an 84% increase in amateur crimes, such as petty thefts, among stores.

In Jacksonville and all of Florida, the crime of petty theft is a misdemeanor. That means it is punishable for up to one year in jail. If the item or items stolen are worth over $300.00, the charges can be upgraded to Grand Theft. This is a third degree felony punishable for up to 5 years in prison.

If you have any questions about theft arrests and charges in Jacksonville, Florida, contact our Jacksonville Theft Attorneys at (904) 634-0900. We offer free consultations with experienced Jacksonville Criminal Attorneys 24 hours a day, 7 days a week.

It has been reported that incidents of hate crimes in Florida have decreased to the lowest number in 10 years. The article quotes Florida's Attorney General Bill McCollum and the Florida Hate Crimes Report for 2007.

The annual average number of hate crimes in Florida is 272, which is well below the 2007 number of 193.

If you have been arrested in Jacksonville, Clay County, Nassau County, St. Johns County, call our Northeast Florida Criminal Lawyers at (904) 634-0900. We are available to you 24 hours a day, 7 days a week.

There was a gun drop-off in Jacksonville, Florida yesterday. Jacksonville-based Project CRIME conducted this voluntary program at Gateway Mall, according to the Florida Times Union. Although the group conducted buybacks in the past, there was no money given for the weapons this time because their budget was cut. The Jacksonville Sheriff's Office will take the guns for a period of time and will ultimately destroy the dropped off weapons.

If you have any questions about gun crimes in Jacksonville, contact our Jacksonville Gun Lawyers at (904) 634-0900 to discuss your rights.

Many Jacksonville criminal attorneys advertise that they are available 24 hours a day, but many times, if you call them after-hours, you will get an answering machine or answering service.

At The Forbess Law Firm, if you call our experienced criminal lawyers in Jacksonville at (904) 634-0900 after-hours or on the weekend, you will speak to a criminal lawyer. No machines, no answering service.

It is of the utmost importance to our Jacksonville Criminal Defense Firm that we provide you with the best, most prompt service in Northeast Florida.

This past year, Public Defender Offices all over Florida are in crisis. With the major budget cuts, individual assistant public defender's case loads are growing larger every day. In Miami, the public defenders caseloads are around 500!

The budget crisis has also effected the Jacksonville, Clay County, and Nassau County Public Defender's Office. While many public defenders are good lawyers, due to extremely large caseloads, it is difficult to give each criminal client and their families individual attention.

When you hire The Forbess Law Firm, our Jacksonville Criminal Law Firm, our Jacksonville Criminal Defense Lawyers are available to you and your family 24 hours a day.

If you have been arrested in Jacksonville, Clay County, Nassau County, or St. Johns County, contact our Northeast Florida Criminal Lawyers at (904) 634-0900.

According to the Drug Enforcement Administration (DEA), federal drug arrests this year through June are as follows:

2,544 involved cocaine

1,203 involved heroine

5,584 involved cocaine

2,104 involved meth

9 involved acid

33 involved steroids

284 involved oxycodone

135 involved hydrocodone

If you have questions about criminal charges in Jacksonville, contact our Jacksonville Criminal Attorneys immediately to protect your rights.

Gangs are in every state in our country and are instrumental in the distribution of drugs on a wholesale and retail level. The National Youth Gang Center estimates there are around 785,000 gang members in the United States.

According to the U.S. Department of Justice, Jacksonville, Florida has the presence of Mexican gangs, Asian gangs, Colombian, Cuban, Dominican, and Italian drug trafficking organizations.

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