Jacksonville Criminal Attorney Blog

New York police detective, Debra Eager, was arrested and charged with 3 counts of felony perjury this week. The charges stem from video evidence from a drug case she testified in that was drastically different than her sworn testimony.

Eager's lawyer says the inconsistencies in her testimony were "honest mistakes". When a police officer makes "honest mistakes" while they are testifying in a criminal trial, those "mistakes" can send innocent people to jail and prison. Police officers hold a tremendous amount of power over common citizens and should be held to the highest standard when it comes to telling the truth.

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

Detroit Judge Mary Waterstone, prosecutor Karen Plants, Police Sgt. Scott Rechtzigel and officer Robert McArthur have all been arrested and charged with felonies for their misconduct in a felony drug case. All are accused of official misconduct, which is punishable for up to 5 years in prison, and the two police officers are facing life sentences on perjury charges.

The judge is accused with allowing the officers to lie under oath, with her permission, and with the prosecutor's blessing. The judge also did not allow the criminal defense lawyers access to certain evidence in the case.

The prosecutor is accused of changing the testimony of the police to "protect" the identity of a confidential informant that set up the drug deal.

The two men who in the original drug case are serving time in prison. The police and prosecutor thought that they were big drug dealers and used whatever means possible to convict them.

If prosecutors and the police believe that "the ends justify the means", we will live in a very scary country. We have rules in the criminal justice system for a reason. If we deny a defense to those who are "obviously" guilty, then the system becomes subjective. Once subjective, only the chosen few will determine guilt and then the whole system will be corrupt.

If you have been accused of a crime in Jacksonville and have any questions, call our Jacksonville Criminal Law Firm at (904) 634-0900 for a free consultation. Our Jacksonville Criminal Lawyers are available 24 hours a day, 7 days a week.

It is estimated that around 30,000 Florida mentally ill citizens are incarcerated in our state. A Florida law has passed through committee that will set up community centers that provide an alternative to putting these sick people in jail or prison. The mentally ill inmates get little to no treatment in prison or jail. The legislators that support the bill believe that this law will also lessen the burden on Florida law enforcement and allow the police to deal more with sane criminals, not the mentally ill.

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

According to an article on WQAD.com, 3 officers in Chicago are facing trial for aggravated battery this week. The officers are on video in a bar attacking 2 other men.

In Jacksonville, if you are arrested for Aggravated Battery, the prosecutor must prove that when you committed a battery in Jacksonville:

1. You intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement.

OR

2. You used a deadly weapon

If convicted of Aggravated Battery in Florida, you will face 15 years in prison.

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

This past year in Utah, 23 police officers were fired, 30 were suspended, and 22 were disciplined, according to an article in the Desert News. These police officers:

1. Were involved in Sexual misconduct
2. Used Illegal Drugs
3. Drove Under the Influence (DUI)
4. Committed Domestic Battery

Police officers in Jacksonville are polygraphed before they are hired, but once hired, they are never asked or forced to take another lie detector test. Jacksonville police officers have been convicted of murder, rape, bank fraud, and theft, but have never been charged, arrested, or prosecuted for lying (perjury). There are many good police officers, but bad officers should be held to a higher, if not the same, standard for their misconduct. Police officers can not only take away your liberty, but also can take your life with virtual immunity.

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

Mike Burgess, a former sheriff in Oklahoma, received 79 years in prison following a criminal trial. He was convicted of

5 charges of rape
1 charge of kidnapping
3 charges of bribing a public official
2 counts of force sodomy

Burgess was involved in drug court, which is a program that allows people with minimal or no criminal record to participate in drug rehabilitation and at the completion of the program, their criminal charges would be dropped. He would use his power as a police officer in the program to influence and force women to have sex with him. The women feared they would be arrested by him if they told.

If you have been arrested for sex charges in Jacksonville, contact our Jacksonville Sex Crimes Attorneys at (904) 634-0900.

A Florida nurse was recently arrested in Tampa for DUI. She had a blood alcohol level of .314 and .307, which is 3 times the legal limit in Florida. Police say she was supposed to be watching a 15 month old child with medical needs, but left the child alone. The nurse is also facing Florida child neglect charges.

The machine she blew into, the intoxilizer, has to be deemed reliable in Florida for the blood alcohol reading to come in as evidence in a DUI case in Jacksonville and all of Florida. A good DUI Attorney in Jacksonville will examine the tests run on the machines and all of the calibration reports. They are machines after all and machines are always prone to error.

If you have any questions about being arrested in Jacksonville for DUI, call our Jacksonville DUI Attorneys 24 hours a day, 7 days a week at (904) 634-0900.

NFL player, Donte Stallworth, may be facing DUI manslaughter charges in Florida after an accident where a pedestrian was killed. The Miami prosecutor's office is waiting for the full toxicology report, but it is being reported that Stallworth's blood alcohol level was .14, almost double the DUI legal limit of .08 in Florida.

Stallworth performed field sobriety exercises and the police said he showed indications of impairment. Police also drew his blood. If you have been involved in a car crash where someone died, the Florida police can draw your blood with or WITHOUT your permission. If someone dies or suffers great bodily harm, including the impaired driver, the police can draw blood.

After a mandatory blood draw in Florida, it is customary for the toxicology results to take 3-4 months to come back. In the mean time, the driver is not arrested until the police get the report and if the alcohol level is above .08 or if their are drugs in the system. The police then obtain an arrest warrant for DUI manslaughter.

If you are convicted of DUI manslaughter in Jacksonville or anywhere in Florida, you are facing up to 15 years in prison with a 4 year minimum mandatory. That means if convicted, the least amount of time you will do is 4 years unless the prosecutor and judge waive the minimum.

There are defenses to DUI manslaughter and a good DUI Lawyer in Jacksonville will explore them all.

If you have questions about a DUI charge in Jacksonville, call our Jacksonville DUI Lawyers at (904) 634-0900.http://www.jacksonville-attorney.us/

Recently, the U.S. Attorney General said that marijuana distributors will only be arrested on the federal level if they are in a state that prohibits the distribution. Federal law prohibits pot sales, but 13 states allow medical use of marijuana. Before the Obama administration changed the policy, the feds would raid California's marijuana dispensaries and arrest people for selling and possessing pot. These distribution sites were legal in California, but the federal law made it illegal.

Many think this shift is one step towards legalizing the sale and use of pot in our country. In Jacksonville and and all of Florida, you can be arrested for possessing pot and selling pot.

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

Florida is one of 16 states that do not have an explicit law banning the act of having sex with animals. There is a proposed law making its was through Florida senate committees now that will make the act a third degree felony in Florida. If convicted of this proposed crime, a person will face up to 5 years in prison.

Under current Florida law, if someone has sex with an animal, they can be arrested and charged with cruelty to animals. The new proposed bestiality law would make it easier to prosecute those charged.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Law Firm at (904) 634-0900 today for a free consultation. Our Jacksonville Criminal Attorneys are available 24 hours a day, 7 days a week.

The Florida prison system may have to make cuts because of the current economic climate, according to an article at ocala.com.

The Florida Department of Corrections fears that with the threatened 15% cut across the board in the budget may force them to close prisons and release around 12,000 inmates. In addition, the department may have to lay off probation officers and cut drug and education programs.

The state of Florida may have to evaluate what crimes are prison-worthy. Many inmates in Florida prisons are there because of non-violent drug crimes and felony theft charges such as worthless checks. Perhaps Florida prosecutors should reserve prison recommendations for violent crimes and violent gun crimes. Not all crimes are the same and just because a prosecutor can send someone to prison doesn't mean they should.

If you have been arrested in Jacksonville, contact our Jacksonville Criminal Defense Lawyers at (904) 634-0900.

In 2008, six Jacksonville Beach police officers were disciplined, but none fired for misconduct. Although not fired, the worse punishment was for officer Robert Bacon, who showed up to work (at the police station) drunk. He actually drove to work and was observed by another officer stumbling and didn't park his car straight. After going into the station, Bacon asked another officer to drive him somewhere. One can only conclude he believed that he shouldn't drive, after he just drove to the station. Bacon was NOT arrested, but was suspended for 80 hours and was demoted.

Officer Dan Watts was also disciplined, but not fired. He was arrested for a DUI in Jacksonville and blew a .16, which is double the legal limit. Watts was suspended for 200 hours.

These officers broke the laws they swore to enforce, yet not fired. These officers broke laws they arrest civilians for. Police officers should be held to a higher standard because they have the power to take your liberty and life.

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

Florida ranks #2 in the country for mortgage fraud, according to tampabay.com. This crime occurs when people applying for loans lie about their income to get the funds.

Last year, Florida's rate of mortgage fraud was 2.79 times higher than the rest of the country.

The top 5 states for mortgage fraud last year are:

Rhode Island
Florida
Illinois
Georgia
Maryland

If you have been arrested on fraud charges in Jacksonville, contact our Jacksonville Fraud Attorneys at (904) 634-0900.

Marion County jail inmates found almost 65 lbs of pot in bags on the side of the road on Sunday. At this time, police don't know where the came from.

In Florida, there is a trafficking statute for marijuana. If you possess more than 25 pounds of pot, you can be charged with a first degree felony punishable for up to 30 years in prison.

If you possess more than 25 pounds of marijuana in Florida, but less than 2,000 pounds, you are facing a minimum mandatory of 3 years in prison. That means if you are convicted of this criminal pot charge in Jacksonville, you will spend at least 3 years in a Florida prison without any gain time.

If you possess more than 2,000 pounds of marijuana, but less than 10,000 pounds, you are facing a 7 year minimum mandatory. That means if you are arrested and convicted of this criminal marijuana charge in Jacksonville, you will spend at least 7 years in prison.

If you possess 10,000 pounds or more of pot, you are facing 15 years in a Florida prison without any gain time.

If you have been arrested on pot charges in Jacksonville, contact our Jacksonville Pot Lawyers at (904) 634-0900.

Bradford County Sheriff's Office employee, Howard Austin, has been arrested for sexual battery in Florida. He is accused of sexual battery on a child under 12 years-old. This charge is also called capital sexual battery and if he is convicted of the charge, he faces mandatory life in prison.

Sexual Battery in Florida is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.

Often, this Florida sex charge is based on the word of the alleged victim and nothing more. A good Florida Sex Crimes Lawyer will investigate the allegations and spot important inconsistencies in the story. Problems in the prosecutor's case could mean the difference between being a free man and spending the rest of his life in prison.

If you are facing sex charges in Jacksonville, sex charges in Clay County, sex charges in Nassau County, or sex charges in St. Johns County, contact our Northeast Florida Sex Crimes Law Firm at (904) 634-0900. Our Jacksonville Sex Crimes Attorneys are available to you 24 hours a day.

If you have been arrested in Jacksonville or anywhere in Florida, you have the right to have a trial and make the prosecutor prove the case against you. Very few cases go to trial in Jacksonville, but there are strict rules that govern how they are conducted. One of the most important rules governs your jury.

In any criminal trial where you are facing jail time, you have the right to have an impartial jury determine your guilt or innocence. The courts in Florida are very careful to eliminate any bias among the jurors, but they do exist. Judges in Jacksonville advise juries not to discuss the case pending before them with anyone else and instruct the jury to not watch or read anything in the press about the case.

Recently, a juror in a civil case posted messages on his twitter account about a case he was on. He commented about one of the parties in the case and also revealed what his decision would be. The side that lost the trial is appealing the verdict saying the juror showed his bias.

Lawmakers in Tallahassee are considering changing Florida law to make not wearing your seat belt a primary offense. That means that police can pull you over if they see you are not wearing the safety device.

Under current Florida law, the police have to see you commit another traffic infraction before they are able to pull you over. Once pulled over, if you don't have your seat belt on, they can issue you a separate ticket for that. Some lawmakers in Tallahassee say making not wearing your seat belt a primary offense will get the state more federal money and save more lives, but the consequences to citizens may be drastic. What is interesting is that, in Florida, you are able to ride a motorcycle without a helment if you have insurance, but you cannot be in a 3,000 pound vehicle without a seat belt. Safety should be a concern for all, not just some.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900. Our Jacksonville Criminal Law Firm is available 24 hours a day, 7 days a week.

We wrote in a previous blog about teens in Pennsylvania that were charged as sex offenders for texting nude photos. That thinking has now come to Florida.

In a case out of Orlando, an 18 year-old boy was mad at his girlfriend and emailed around 70 people naked pictures of his ex-girlfriend, who was 16 years-old at the time. The boy was charged with transmitting child pornography, a felony in Florida. The boy was put on 5 years probation and will have to register as a sex offender until he is 43 years-old.

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

The Jacksonville Juvenile Assessment Center was recently reopened. The center holds and assesses juveniles arrested in Jacksonville and either recommends detention or release to their parents. The center was funded by money the police took from people charged with drug crimes in Jacksonville. Nassau County juveniles who are arrested will also be allowed to use the Jacksonville Juvenile Center. The center holds around 7,700 children at any given time.

If you have any questions about juvenile arrests in Jacksonville, contact our Jacksonville Juvenile Law Firm at (904) 634-0900.

The Jacksonville Economic Development Commission has recommended removing certain pay phones from Jacksonville streets. JSO claims that removing the phones will reduce crime in Jacksonville. The theory is that a police officer can't tell someone to move away from the phone because the person can say they are waiting for a return call. It makes it harder for JSO to arrest someone for loitering or panhandling if the person has the excuse of using the phone.

If the Jacksonville city council votes to remove the phones, JSO believes it will make their job easier.

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

Jacksonville Narcotics Detective James Narcisse has been fired by the Jacksonville Sheriff's Office. Narcisse was involved in a scheme to defraud First Coast Crime Stoppers. He is accused of giving arrest tips to friends so they could collect money on reporting criminal activity. First Coast Crime Stoppers offers rewards to people who report locations and identities of people who commit crimes such as drug crimes in Jacksonville.

No criminal charges have been filed against the Jacksonville detective, but it should be looked into. If the suspect was an average citizen, not a member of JSO, criminal charges would surely be pursued.

If you are not as lucky as this officer and have been arrested in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

Jacksonville Jaguar Matt Jones is back in jail in Arkansas for violating his drug intervention program. Jones was arrested for possession of cocaine and was placed in a program. If he completed the drug program, his felony drug charges would be dropped. The program requires Jones to abstain from drugs and alcohol, but he tested positive for alcohol.

In Jacksonville, if you are arrested for a felony and have no prior record, you could be eligible for drug court. If you attend and complete drug court, your felony charge will be dropped. If accepted in the Jacksonville program, you will have to get a drug assessment and pending the results, may have to attend meetings or more. Obviously, if in the program, you cannot do drugs.

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

A man was arrested in Jacksonville last week for allegedly transporting 17 pot (marijuana) plants in his truck. Ryan Smith was arrested and charged with cultivation of marijuana, a third degree felony punishable for up to 5 years in prison. JSO received a tip that Smith was carrying the pot plants in Jacksonville. Smith reportedly was moving the pot because he had been burglarized.

The traffic stop initiated by the police may have been what is called a "bad stop". The police may not have been justified to pull him over based on an anonymous tip alone. A Jacksonville Criminal Attorney could look at the facts and circumstances surrounding the traffic stop and possibly move the court to suppress evidence of the pot in Jacksonville. That means, if a Jacksonville judge finds that the traffic stop was illegal, anything the police find after the illegal stop is not admissible in court.

If you have been arrested for drug charges in Jacksonville, contact our Jacksonville Drug Attorneys at (904) 634-0900 for a free consultation.

The Chris Brown and Rihanna case is typical of domestic battery cases in Jacksonville. Chris Brown and Rihanna are famous singers and are together romantically. Brown is accused of hitting her several times and there are photos of the injury. Rihanna originally cooperated with police, but reportedly now refuses. Brown is facing felony battery charges.

With domestic battery charges in Jacksonville, the state attorney has to prove that the defendant intentionally touched someone against their will or intentionally hurt someone. The alleged victim in the battery case in Jacksonville is very important to the prosecutor's case because they are usually the only witness.

The police report what the alleged victim told them, but the victim sometimes will say they never told the police that information or will change their story completely. If the alleged victim is unavailable, that also makes the case harder to prove.

Call our Jacksonville Domestic Battery Attorneys if you or someone you know has been arrested in Jacksonville. Our Jacksonville Violent Crime Attorneys are available 24 hours a day at (904) 634-0900.

Businessweek ranks Jacksonville, Florida in the top 10 cities where people are unhappy, according to First Coast News. Jacksonville ranks 6th, above Las Vegas, Nashville, Cincinnati, and Atlanta. Businessweek considered factors such as crime in Jacksonville, divorce rates, and unemployment.

Some cities above Jacksonville on the list are Portland, St. Louis, and New Orleans.

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

Marcus McDonald was charged with DUI (Driving Under the Influence) in Jacksonville after police say he hit 4 workers on the side of the road. JSO says his car went through the barriers on the side of the road.

McDonald was arrested in Jacksonville on 5 counts of DUI and given a ticket for having an open container in the car. Even though it was one accident, Florida law allows police to charge a DUI for every person hurt if the person who caused the accident was impaired by alcohol or drugs. A Jacksonville judge set his bond at $145,000. If he cannot make the bond, McDonald will remain in jail until the resolution of his case. Because DUI is a misdemeanor, McDonald is entitled to have a trial within 90 days of his arrest. That is his right under Florida's speedy trial rules.

If you have any questions about DUI charges in Jacksonville, contact our Jacksonville DUI Attorneys at (904) 634-0900. Our Jacksonville Criminal Lawyers are available 24 hours a day, 7 days a week.

A Jacksonville Criminal Attorney filed for a Jacksonville sentence reduction on 8 felony cases of worthless checks. A Jacksonville judge sentenced Nikki Cogdell to 24 years in prison for writing 8 worthless checks. (3 years on each back to back) The Jacksonville Lawyer filed a Motion to Reduce Sentence asking the judge to lower the 24 year sentence to the 3 years the Jacksonville Lawyer expected.

Cogdell has been arrested 33 times in Jacksonville for crimes such as Grand Theft, Worthless Checks, Fraud, and Criminal Use of Identification.

If you have any questions about getting a Sentence Reduction in Jacksonville, call our Jacksonville Sentence Reduction Attorneys at (904) 634-0900.

Jacksonville police officer, Amanda Meyer, was distracted by her laptop in her police vehicle just prior to rear-ending a truck on Zoo Parkway this week. All police cars in Jacksonville have an in-car computer just to the right of the steering wheel. Meyer was going 40-45 miles per hour when the collision occurred. The driver of the truck was not injured.

Although it makes sense, JSO has no policy about officers using their in-car computers while driving. Even if JSO did have that policy, it may not have prevented this accident.

If you have a criminal case in Jacksonville, contact our Jacksonville Criminal Lawyers for a free consultation, 24 hours a day, 7 days a week. You can reach our Jacksonville Criminal Law Firm at (904) 634-0900.

The Pew Center's Report on the States released a report yesterday outlining Florida's numbers involving community supervision. Community supervision includes:

1. Probation in Jacksonville and all of Florida
2. Pretrial Intervention in Jacksonville and all of Florida
3. House Arrest in Jacksonville and all of Florida

The Florida Department of Corrections reports that people in Florida who are being supervised has risen from 95,973 in 1997-1998 to 107,203 in 2006-2007.

If you have any questions about House Arrest in Jacksonville, Probation in Jacksonville, or Pretrial Intervention in Jacksonville, call our Jacksonville House Arrest Attorneys at (904) 634-0900.

In Florida, you commit DUI manslaughter if you, in part or in whole, cause the death of another person while you are operating a car while under the influence of alcohol to the extent your normal faculties are impaired. If you are involved in a car accident resulting in the death of anyone, the police can take your blood without your consent.

If you are convicted of DUI manslaughter in Florida, you are facing a 4 year minimum mandatory, which means the least time you can serve in prison is 4 years. The maximum you can receive is 15 years.

You will also lose your Florida driver's license for life, but if you have no prior DUI's, you can apply for a hardship license in Florida after 5 years.

If you have any questions about DUI charges in Jacksonville, contact our Jacksonville DUI Law Firm at (904) 634-0900. Our Jacksonville DUI Attorneys are available 24 hours a day, 7 days a week.

The state of our national and state economy may contribute to the crimes committed in Jacksonville. According to a report from news4jax.com, people arrested in Jacksonville are blaming their crimes on hard times.

In one report, a man was arrested for possession of cocaine. He allegedly told Jacksonville police it was hard to get a job.

Another man arrested for armed robbery in Jacksonville reportedly said he needed money because the economy was bad.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Defense Lawyers at (904) 634-0900. Our Jacksonville Lawyers are available 24 hours a day, everyday.