Jacksonville Criminal Attorney Blog

The Jacksonville Sexual Assault Response Center (also called SARC) may be closed due to budget cuts. The center, which examines and counsels potential rape victims, is the only such center in Jacksonville. The program estimates treating around 360 rape victims per year.

In Jacksonville, if you are accused and arrested for rape, the police and prosecutor will rely heavily on the SARC report. There is questioning done at the center about the incident and a full medical examination conducted. SARC is where criminal rape cases begin and it is important for a Jacksonville Sex Crimes Attorney to carefully examine the reports to make sure they are accurate and reported without bias.

If you have been accused of sexual battery (rape) in Jacksonville, call our Jacksonville Rape Attorneys 24 hours a day at (904) 634-0900.

A Louisiana police lieutenant who was arrested in Florida on Domestic Battery charges now has an injunction entered against him according to WHAS11.com. We first wrote about officer Jerald Fifer's arrest in a previous blog.

In Louisiana, an injunction is called a protective order. It tells the officer he cannot have any contact with his wife and several of her family members for a period of time. Both his wife and the family members feel they are in danger. If Fifer violates the protective order, he can be arrested for violation of a protective order (called violation of injunction in Jacksonville) and go back to jail.

The officer remains on the force and is on paid administrative leave.

If you have been arrested for violating an injunction in Jacksonville, contact our Jacksonville Injunction Attorneys at (904) 634-0900.

Crime rates in Tampa, Florida are down thanks to a new program instituted by the police there. According to the Tampa Police Department, crime is down 46% from 2002. These crimes were reduced:

Aggravated Assault
Thefts
Burglary
Robbery
Homicide
Rape

Tampa police made an effort to target people committing burglaries, robberies, grand theft autos, and car burglaries. In targeting these crimes, overall crime went down.

In Jacksonville, a large percentage of daily arrests are for driving on suspended license. People are arrested for driving a car. It keeps the arrest numbers high, but does little for reducing overall violent crime.

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

Florida State football player, Maurice Harris, has been arrested for Grand Theft and altering the VIN number on a motorcycle. In order for the theft to be considered "Grand", the value of the property stolen has to be over $300. If considered "Grand", the crime is a third degree felony punishable by up to 5 years in prison.

Harris has been suspended indefinitely from the team.

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

Across the country this weekend, law enforcement is conducting "Operation Dry Water". This program is also being used in Florida to conduct BUI checkpoints and collect safety compliance information.

BUI stands for Boating Under the Influence in Florida. Just like in a DUI, if your blood alcohol level is over .08 and you are operating a boat, you can be arrested for BUI. The Florida Fish and Wildlife Conservation Commission estimate that 20% of deadly boating accidents are the result of alcohol use while operating the boat.

Call our Boating Under the Influence (BUI) Attorneys at (904) 634-0900 if you have any questions.

A police officer in Sandy, Oregon, has entered a guilty plea to official misconduct. William Bergin took people's driver's licenses when they were pulled over for driving on a suspended license. He was accused of then giving the confiscated licenses to an underage girl so she could buy alcohol.

Bergin was placed on 2 years probation for official misconduct. He has to spend one day in jail, perform 120 hours of community service, and pay a $500 fine. If Bergin violates his probation, he could be sent back to jail.

In Jacksonville, if you are placed on probation for a crime and you violate that probation, you can be sent to jail for the maximum time punishable for the original crime you were convicted of. The prosecutor has to prove that you "willfully and substantially" violated.

If you have any questions about probation violations in Jacksonville, contact our Jacksonville Probation Attorneys at (904) 634-0900 for a free consultation.

A Jersey City 21 year vet of the police force has been arrested for theft and police misconduct. Eugene Falconetti was charged with taking a bribe for not performing a police duty, such as arresting someone. The court set a $50,000 bond for Falconetti.

A man in Lake City, Florida, was arrested last week for two counts of capital sexual battery. Michael McMilliam allegedly discussed touching children under 12 on an online chat. The arrest stemmed from a tip received by the Florida Department of Law Enforcement's Computer Crime Center.

Sexual Battery in Jacksonville and all of Florida means that there was oral, vaginal, or anal penetration or a touching of the sexual body parts of another without their consent. A child under the age of 18 cannot give consent to someone over the age of 18. If convicted of sexual battery on someone under the age of 12 years-old, there is a mandatory life sentence in Florida.

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

A former Wisconsin police officer has served his sentence for sex assault and official misconduct. Daniel Wineski was sentenced in 2004 to 7 years in prison. When he is released, he will have to register as a sex offender for 17 years. Wineski, a 25 year veteran of the police force, was originally arrested for sexual assault of a child, witness tampering, false imprisonment, and official misconduct.

In Jacksonville, if you are convicted of a sex charge, you will most likely be required to register as a sex offender or sex predator for the rest of your life. (there is no time limit)

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

A man who is a police officer in Louisville has been arrested in Tampa, Florida. Lt. Jerald Fifer was arrested for

Aggravated Domestic Battery with a Deadly Weapon and

False Imprisonment

Florida State Troopers say he dragged a woman into a car on the side of the interstate. Fifer is no stranger to the criminal justice system himself. Six years ago, he was arrested for DUI after getting into an accident.

Call our Jacksonville Criminal Attorneys if you have any questions about criminal charges in Jacksonville, Florida. Our criminal attorneys in Jacksonville are available for a free consultation at (904) 634-0900.

NFL player, Donte Stallworth, recently entered a plea to DUI manslaughter in Miami, Florida. His plea agreement with prosecutors recommends that he spend only 30 days in jail followed by 2 years house arrest and 8 years probation. The state attorney cited his cooperation, lack of criminal record, and financial settlement with the victim's family as reasons for the sentence.

Stallworth's sentence for DUI manslaughter is considered a "departure". Normally, if you are convicted of the DUI manslaughter in Florida, there is a 4 year minimum mandatory. That means you have to serve 4 years day for day. If you have no criminal record, your guidelines are around 10 years. Guidelines are minimum sentences the court should follow unless the state attorney waives them or the court cites reasons to depart from them. The maximum Stallworth was facing was 15 years in prison.

If Stallworth had not been a wealthy NFL player, the chances he would have received that same sentence would have been greatly diminished.

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

JSO officers shot and killed Kiko Battles, a Jacksonville resident, on Monday. Two off-duty officers were working for Springfield Preservation Council. They noticed two men walking in the street. Instead of letting the men walk, as free men are allowed, they went up to them. This is called a "consensual encounter" and you are free to leave at any time if you don't want to talk to the police. Apparently, one of the men didn't want to talk to the police and was grabbed by the officer. Police say that a gun fell off the man and he picked it back up. The officers then shot the man to death. Other witnesses at the scene report that there was no gun. The police chief said that the officers questioned the men because they were not using the "two perfectly good sidewalks".

If walking in the street raises police suspicion that much, perhaps JSO should set up a sting in Deerwood or Atlantic Beach on a Sunday. Get there all day and question all the people walking their dogs or getting their exercise in the street. If the walkers act nervous, the officers could, for officer safety, search all these walkers.

The two men in Springfield were not acting suspicious. They were not breaking state law. They were not bothering anyone. Police have to have reasonable suspicion to believe you are breaking or about to break the law in order to detain you.

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

When you are arrested for DU in Jacksonville or anywhere else in the country, the police will have a test to determine your blood alcohol content (BAC). Their machines give an estimate on how much alcohol is in your system. The most popular way to test the BAC is through the use of a breathalyzer. The police can also test urine and blood in certain circumstances. When there is a death as a result of traffic accident, blood must be drawn in Florida. To be legally "impaired" in Florida, the limit is .08.

According to the National Center for Statistics and Analysis, here is the percentage of drivers involved in alcohol-related traffic deaths in 2007 by blood alcohol content:

41% had a blood alcohol content over .19
9% were between .17 and .18
10% were between .15 and .16
8% were between .13 and .14
7% were between .11 and .12
7% were between .09 and .10
5% were between .07 and .08

If you have been arrested for DUI in Northeast Florida, call our Jacksonville DUI Law Firm at (904) 634-0900 for a free consultation.

Two former West Palm Beach officers have been arrested for battery and falsifying a police report. Kurt Graham and Louis Schwartz found themselves on the wrong side of their dash video camera. Police say they had a handcuffed suspect in custody and beat him on camera. After the alleged beating, the two sworn officers are accused of lying on reports to cover it up. The two are no longer with the force, Schwartz was fired and Graham quit.

Some police officers in Jacksonville have cameras on the dashboard of their police cars. Many DUI enforcement officers in Jacksonville have the cameras, but that does not mean your case will be on video. As a Jacksonville DUI Lawyer, I have had cases where the officer wrote that their was a video, but later claim there was a video malfunction. There is no way to know if that is in fact happened, but a trained DUI Attorney in Jacksonville can ask the officer if he or she requested a work order to fix the camera. The DUI lawyer can also ask to see the disc that malfunctioned.

If you have been arrested for DUI in Jacksonville, call our Jacksonville DUI Law Firm at (904) 634-0900 for a free consultation.

A police officer in Minnesota has been arrested for:

misconduct of an officer
assault
disorderly conduct
criminal damage to property (referred to as criminal mischief in Florida)

Michael Ficken is accused of going into a jealous rage and using his status as a law enforcement officer to damage property and threaten people.

After being arrested on the criminal charges, Ficken was released on his own recognizance. (commonly known as ROR) In Jacksonville, Florida, a judge can release someone on their own recognizance if he or she finds that the person is not a danger to the community and is not a flight risk. The person arrested is trusted to come back to all future dates and does not have to post a bond to get out of jail.

If you have been arrested in Duval County, contact our Duval County Criminal Defense Law Firm at (904) 634-0900.

A police officer in Portland, Oregon has been arrested for telephone harassment and official misconduct. Joseph Wild was arrested and charged with 60 criminal counts of telephone harassment and 71 counts of official misconduct. The investigation started after the department received complaints from women who said Wild repeatedly called them. Wild has been with the department for 4 years and it is not known if he has arrested other citizens for the same misconduct.

A police chief in Petersburg, Indiana has been indicted for criminal wrongdoing and has been forced to resign. Joe Hill is now charged with official misconduct and obstruction of justice stemming from allegations that he and his girlfriend illegally obtained prescription medication.

This crime is called Fraudulently Obtaining a Controlled Substance in Jacksonville and is a felony. If convicted of this felony in Florida, you are facing up to 5 years in prison.

If you have been arrested on drug charges and need help, our Jacksonville Drug Attorneys are only a phone call away at (904) 634-0900.

Last week, 142 people were arrested for cultivation of marijuana in Florida. The arrests were the result of "Operation Eagle Claw", which was law enforcement's attempt to target pot grow houses all over the state. More than 6800 pot plants were seized by police all over Florida.

You could be arrested for a drug felony in Jacksonville if you have even one marijuana plant growing and the plant was in your possession. Cultivation of Marijuana is a third degree felony punishable for up to 5 years in prison.

Call our Jacksonville Marijuana Law Firm for a free consultation about pot charges in Jacksonville. Our Jacksonville Drug Attorneys are available at (904) 634-0900.

The Child Predator Cybercrime Unit was established 4 years ago in Jacksonville and has grown from 6 members to 30 across the state. The purpose of the unit is to protect Florida's children from sexual predators over the Internet. The unit boasts 140 arrests since its inception, including 77 arrested for possession of child porn in Florida recently. Two of the people arrested for child pornography were from Jacksonville and their cases are still pending.

If you are facing possession of child pornography charges in Jacksonville, call our Jacksonville Sex Crimes Lawyers at (904) 634-0900.

The Ft. Meyers police department has dismissed 2 clerks who were charged with entering information for the department. Helen Lehman and Carol Bass have been fired for using the information database, DAVID. DAVID stands for the "Florida Driver and Vehicle Identification Database". In addition to a driver's history, the system also stores driver's license pictures. The women were looking up potential suitors before dates.

When Jacksonville police pull you over, they often run a DAVID check. The system also allows police to see your title information and any potential liens. This helps JSO when they make an arrest for a felony in Jacksonville. If you used your car in the commission of a felony, they can seize it. JSO checks to see if your car is paid off and if it is, there is a greater chance they will choose to seize it.

If you were arrested in Jacksonville for a felony, contact our Jacksonville Felony Attorneys for a free consultation at (904) 634-0900.

Three corrections officers in Phoenix, Arizona have been suspended following the death of a female inmate. Marcia Powell was in jail on a misdemeanor prostitution charge when she was placed in an outdoor cell with no roof or shade. The temperatures reached 108 degrees and Powell died after collapsing. Ten of Arizona's prisons have outdoor cells with strict rules about use, which were not followed in this case.

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

There is an old saying that goes, "A man who represents himself has a fool for a client".

In the state of Florida, you are allowed to represent yourself if the criminal court goes through some steps. You have to make a clear, timely, and unequivocal declaration to the judge that you want to represent yourself and do not want a Florida criminal defense attorney. The judge has to make a finding that you knowingly, intelligently, and voluntarily waived your right to criminal legal counsel.

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

If you have been arrested for "trafficking" in any drug, that simply means you possessed a large amount of the drugs. To "traffic" in pot, you must:

1. Knowingly sell, buy, manufacture, deliver, or possess the pot.

2. The quantity of pot involved was more than 25 pounds or more than 300 pot plants

3. You have to know that the substance was, in fact, pot.

The possession can be actual or constructive. Actual possession of pot means it is found on your person. Constructive possession means that you knew of the presence of the pot and you had the ability to control it.

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

Police officers all over Florida, especially in Jacksonville, participate in "knock and talk". An officer will knock on your door and attempt to gather information and get consent to search your house. In Florida courts, this is considered a consensual encounter, which means the police can do this to any house without having a warrant or a reason.

If JSO comes to your house and asks for your "consent to search" your house without a warrant, you are absolutely entitled to tell them "NO" and ask them to leave your property.You do NOT have to answer any questions and you do NOT have to let them in your home without a search warrant.

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

If you are arrested for false imprisonment in Florida, you must have:

- forcibly, by threat or in secret

- confined, abducted, imprisoned, or restrained someone

- without lawful authority AND

- against his or her will

If the victim of the crime is under 13 years-old, it is considered "against his or her will" if it is without the consent of the legal guardian of the child.

Call our Jacksonville Criminal Law Firm with any questions about criminal charges in Jacksonville.

If you are arrested in Jacksonville for the crime of criminal mischief, the prosecutor must prove that you:

willfully and maliciously damaged someone else's property.

You must have the specific intent to damage the property of another to be found guilty of this crime in Florida.

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

If you have been arrested for the 1st degree misdemeanor of petit theft (petty theft) in Jacksonville, Florida, the prosecutor must prove that you stole some one's property and that the value of the property is valued at more than $100.00. (If the item is worth under $100.00, that is 2nd degree misdemeanor petit theft punishable for up to 60 days in jail) A 1st degree misdemeanor is punishable for up to one year in jail.

In order to prove the value of the item stolen, it is not enough to just assume the value. The state must present a witness who has personal knowledge regarding the value at fair market value or by establishing the cost minus depreciation of the item.

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

In criminal court, you are entitled to a fair and impartial court and jury. Part of that fairness includes having an impartial judge who will give you a fair trial. Sometimes, judges make statements that can lead one to believe they have pre-judged the criminal defendant or predetermine a criminal defendant's sentence.

A Jacksonville Criminal Attorney can move the court to disqualify the judge if they have a well grounded fear that the client will not receive a fair trial at the hands of the judge. If the judge makes statements that create a fear in the mind of the defendant, disqualification is required.

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

Five police officers in Mesa, Arizona are on leave after allegedly flushing a miscarried fetus down the toilet. Officials say 4 of the officers responded to a call at a motel where a woman miscarried her 12 week old child. The officers called their supervisor and the boss apparently told them to flush the fetus instead of taking it to the hospital.

The prosecutor's office in Maricopa County is considering criminal charges.

A Chicago officer was arrested for reckless homicide and leaving the scene of an accident for causing an accident that killed a 13 year-old. Richard Bolling originally was in jail on a $2 million bond, but it was later reduced to $1 million.

At first, Bolling refused to blow into the breathalyzer. After his supervisors advised him it is in his best interest, as a law enforcement officer, for him to follow the law, he reluctantly blew .08. It took other officers 8 additional hours to convince him to give blood.

In Florida, if someone dies in a traffic accident, there is no question of consent. If someone is killed as a result of the accident or suffers great bodily injury, the police can make you give blood. The blood is usually drawn at the scene of the accident and given to the licensed EMT for analysis. The results of the blood draw usually take around 3 months to be processed.

If you have been arrested for DUI in Jacksonville and had your blood drawn, call our Jacksonville DUI Law Firm at (904) 634-0900.

There has been much reported on police shootings in Jacksonville and the type of force used by the police. Here is the law in Florida as it relates to force used by police in Florida:

A police officer is justified in the use of ANY force he believes is necessary to defend himself or someone else from harm WHILE making an arrest. That force is also justifiable when

1. retaking an escaped felon or
2. arresting a fleeing felon

The use of force by a police officer is NOT justified if

1. it was based on an illegal arrest and
2. the police officer knows it is illegal

If you have been arrested in Duval County and need advice, call our Duval County Criminal Defense Law Firm at (904) 634-0900.