According to Hubbard House and the Jacksonville Sheriff's Office, the number of domestic battery charges in Jacksonville has gone up in the past 2 years. During the last six months of this year, Hubbard House has seen over a 30% increase in calls.
Domestic battery case sometimes end in murder. In Jacksonville:
8 murders have been the result of domestic violence this year
11 domestic violence homicides were reported in both 2008 and 2007.
A judge in Louisville, Georgia has been arrested for Aggravated Assault. Judge Murray Bowman reportedly shot his gun during an argument with is wife.
In order for someone to be convicted of aggravated assault in Jacksonville, the prosecutor must prove that:
1. The defendant intentionally threatened, either by word or act, to do violence to the victim.
2. At the time, the defendant appeared to have the ability to carry out the threat.
3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place.
The charge can be elevated to an aggravated assault with a deadly weapon if the state can prove that a weapon was used and that weapon can be used in a way likely to cause death or great bodily harm. If convicted of the aggravated assault with a deadly weapon, a defendant could be facing a 3 year minimum mandatory sentence. If you are charged with this crime, contact a Jacksonville criminal defense law firmtar to find out about your rights.
An officer in St. Marys, Georgia has been fired for inappropriate behavior on Facebook. This is not the first time the officer, Robert Godley, has been in trouble. When he applied at the St. Marys police department, he did not disclose his prior misconduct at other law enforcement positions.
One law enforcement position was a security officer at Kings Bay. Godley was fired from there because he looked at pornography while on duty and the porn he was viewing on work time took him to a child pornography site.
Godley was also told to step down in Arizona as a police officer after a woman accused him of stalking her.
Police officers have a very important job to do and should be held to the highest standards. Officers can kill you and take away your liberty with virtual immunity. Hopefully, all of this officer's arrests were legitimate.
A condominium manager has been arrested in Jacksonville for Grand Theft. Joan Eller worked for Timuquana Village Condo Association and is accuse of writing checks to cover her own purchases. The amount she is accused of stealing is almost $167,000. Because of the amount involved, this grand theft charge in Jacksonville is considered a first degree felony punishable for up to 30 years in prison.
Prior to being arrested in Jacksonville, Eller paid all the restitution back to the association. In some cases, paying back what is owed will divert prosecution of a crime. For example, if you are charged with passing a worthless check, the state attorney's office give you the chance to pay the vendor what is owed and pay the state attorney's "processing fee". In some circumstances, the state will then drop your criminal charges in Jacksonville.
Jacksonville Criminal Defense Law Firm, Mussallem & Forbess, is proud to announce a glowing peer endorsement on Avvo.com. The endorsement came from a prior subordinate of Mr. Forbess, Douglas Chanco. Mr. Chanco is now a criminal defense lawyer in Georgia.
The endorsement is:
"If you are in need of legal representation, look no further than Ray Forbess. He was my first mentor when I was practicing under the law student practice act, and his guidance and leadership helped to shape me into the lawyer I am today. One of the main reasons that I became a criminal defense attorney was because of what Ray taught me--both the law and about defending constitutional rights. He is an excellent attorney, and I whole heartedly endorse his work."
A Volusia County man has been pardoned for a sex crime he was convicted of years ago. John Kemp was convicted of lewd and lascivious molestation and was sentenced to 1 year in jail with sex offender probation. Kemp was also to register as a sex offender for the rest of his life in Florida.
Kemp was pardoned this week and that means he will no longer be labeled a sex offender in Jacksonville or anywhere. The pardon will also allow him to live near schools, bus stops, or anywhere children congregate.
Kemp's original charge was based on him, 21 years-old at the time, having consensual sex with a minor. That minor, who was 15 at the time, is now his wife and the mother of his child.
The goal of any Jacksonville Juvenile Attorney is to keep their child client in juvenile court. There is a driving case pending in Jacksonville juvenile court that deals with "direct filing" a juvenile. That means that even thought the defendant is under 18 years-old, the state of Florida could choose to treat that defendant as an adult. The prosecutor has to file a Certificate of Filing Direct Information on a Juvenile.
When the child has been transferred to adult court, the child is treated in every respect as an adult. All felony cases pertaining t that child will be immediately transferred to adult court. The child will face all adult penalties, including prison time.
When a child is 14 or 15 years old at the time the alleged crime was committed, the prosecutor has discretion to file adult charges. The prosecutor makes the decision based on "public interest". The offenses the prosecutor can direct file in this case are arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, murder, manslaughter, armed burglary, aggravated battery, grand theft, carjacking, etc.
When the child is 16 or 17 years-old at the time of the crime, the prosecutor may file adult felony charges in Jacksonville at their discretion.
If your child is arrested as a juvenile and his or her case is kept in juvenile court, their sentence will most likely be determined by the Department of Juvenile Justice (DJJ). Once a child enters a plea to a criminal charge or is convicted, they must be evaluated by the DJJ and their recommendation must be followed.
If a juvenile judge wants to depart from the recommendations of DJJ, he or she must explain and justify why one restrictiveness level is more appropriate than the other. In explaining, the judge must:
1. Articulate an understanding of the respective characteristics of the opposing restrictiveness levels, including the type of child that each restrictiveness level is designed to serve, the potential lengths of stay associated with each level, and the different treatment programs available to each of the levels.
AND
2. Then logically explain why, in light of all the different characteristics, one level is better for the juvenile and the community than the other.
Juvenile attorneys in Jacksonville would obviously argue for the least restrictive level, but in the end, the DJJ has the most say.
Restitution is money that is paid to a crime victim to compensate for loss caused by a criminal defendant. Many times, if you are arrested for theft crimes in Jacksonville or criminal mischief crimes in Jacksonville and you enter a plea, paying restitution will probably be part of your sentence.
The prosecutor has the burden to shoe that your criminal offense cause the victim's loss, directly or indirectly. It is not enough to show that the victim suffered losses at the same time. The amount of restitution has to be based on more than speculation. The prosecutor has to present competent and substantial evidence. Jacksonville criminal lawyers can explain the concept of restitution further.
In our country, you are entitled to a trial if you are arrested and charged with a crime. You have that right under the United States Constitution and under Florida's Constitution. The state attorney has to prove you guilty beyond a reasonable doubt at trial. Even though you are not supposed to be punished by going to trial, that sometimes happens.
Judges sometimes enter into plea negotiations before trial. A judge may make a "court offer" if the case cannot be resolved with the prosecutor. Let's say that a judge makes a court offer of probation before trial and the defendant rejects it and wants a trial. If the jury returns a verdict of guilty on the charge, the judge should not sentence the defendant to something higher than probation if no new bad facts came out at trial. In other words, unless the judge heard something he or she didn't know until the trial, the harsher sentence is considered vindictive.
There is an analysis that is done to determine if a judge's sentence is vindictive. The analysis asks:
1. whether the judge initiated the plea discussions
2. whether the judge, through comments on the record, appears to have departed from the role of an impartial arbiter by urging acceptance of a plea
3. whether the judge implied that the sentence hinged on future decisions of the defendant
4. was there a disparity between the plea offer and the sentence exposed
5. was there a lack of any facts on the record that explained the reason for the increased sentence?
A police officer has many charges he can arrest you for, and a common arrest in Jacksonville Beach is Disorderly Conduct. In order to commit this crime, you have to commit an act that corrupts public morals, or outrage the sense of public decency, or affect the peace and quiet of people who may witness your behavior. Speech alone cannot support a conviction for this misdemeanor in Florida.
Just speaking or yelling cannot support this charge, but if your words incite or intend to incite others to breach the peace, that can be considered disorderly conduct.
If you are a convicted sex offender or predator in Jacksonville, you have to register with JSO every year. You also have to notify the DMV of any address changes. If you fail to register as a sex offender, you can be arrested for a third degree felony facing up to 5 years in prison.
To be convicted of this crime in Jacksonville, the prosecutor has to prove that the suspect is a sex offender, that he or she failed to register as a sex offender, and that the suspect has actual knowledge of the requirement and subsequently failed to comply with the requirement. Consult a Jacksonville sex crime law firm if you have further questions about sex crimes in Jacksonville.
You can be arrested for criminal mischief in Jacksonville and depending on the amount of damages, could be facing a felony or a misdemeanor. A criminal mischief occurs in Florida if you willfully damage someone's property. This includes graffiti or other acts of vandalism. If the value of the damage is $200 or less, you are facing a second degree misdemeanor and up to 60 days in jail. If the damage is over $200, but less than $1000, you will face a first degree misdemeanor and up to one year in jail. If there is a lot of damage and the value is over $1000.00, you are facing up to 5 years in jail on a third degree felony.
If you are arrested for resisting a police officer without violence in Jacksonville, you are facing a first degree misdemeanor. In order to prove the charge, the prosecutor must prove that:
1. the officer was engaged in the lawful execution of a legal duty AND
2. the action by the suspect obstructed or resisted the lawful duty
There is a distinction between an officer executing a lawful duty and an officer who is just "on the job". The arrest also has to be lawful and if it is not, a suspect can't be guilty of resisting it. If you are arrested for this offense, call a criminal defense attorney in Jacksonville to discuss your case and rights.
If you are arrested in Jacksonville, you have a right to go to trial within 90 days of the arrest if the crime is a misdemeanor and 175 days if the crime is a felony. Once the speedy trial period expires, a Jacksonville criminal defense lawyer has to file a Notice of Expiration of Speedy Trial Time. No later than 5 days from the date the criminal lawyer filed the notice, the court has to hold a hearing and will order the defendant get his or her trial within 10 days. If the defendant is not brought to trial in those 10 days through no fault of their own, the criminal attorney should file a Motion of Discharge. At that point, the court will dismiss the charge and the state attorney cannot bring the charge back.
Under certain circumstances, the time period can be extended. Some are:
1. If there is an unexpected illness.
2. If there is a showing that the case is so unusual and complex because of multiple defendants.
3. If the prosecutor or defendant can show that specific evidence is not available is not available in time despite diligent efforts to get it within the time period.
When you are arrested for robbery in Jacksonville, certain elements must be met. The prosecutor must show that you:
1. took money or property from someone else,
2. took it with the intent to permanently or temporarily deprive the owner of it, and
3. in the course of the taking, you used force, violence, assault, or put the victim in fear.
The fear has to be of great bodily harm or death. Even if the victim testifies that he wasn't in fear himself, if a "reasonable person" would have felt fearful in the same situation, the jury can come back with a guilty verdict.
It is common knowledge that convicted felons cannot possess guns in Florida. If found to have one, a felon can be arrested for possession of a firearm by a convicted felon. This is a second degree felony punishable for up to 15 years in prison. What people may not know is that it is the same punishment for possessing ammunition if you are a convicted felon.
In order to prove the crime of possession of ammunition by a convicted felon, the prosecutor mus prove that the defendant:
1. knew the ammunition was in his presence,
2. had the ability to maintain control of the ammunition, and
3. knew that it was illegal for him to have the ammunition.
If you are arrested for this felony in Jacksonville, a Drug Lawyer in Jacksonville can investigate the case further and make sure your rights are protected.
In a case recently in Florida, the police were called out to an apartment complex on an anonymous complaint of drug activity. The caller told police that there was heavy traffic coming from one apartment in particular and that was because the occupant was selling drugs. Police went to the apartment and the door was open. The defendant was in the kitchen wiping his counter with a paper towel. The police saw a digital scale on the counter with a white powder substance and straw on it. The police then entered the apartment and detained the defendant. They found 2 bags of cocaine in the defendant's pants and arrested him for possession of cocaine.
The defendant's criminal lawyer argued that the court should suppress the drugs because it was a warrantless search of a home. According to Florida law, drugs can be seized from a home without a warrant if the police see the drugs from a place where they have a right to be, the officer knows the drugs are illegal, AND the officer has the right to access the drugs.
The appellate court in this case found that the search was illegal and ordered the lower court to reverse the conviction for possession of cocaine. The court found that there was no evidence that the defendant even knew the police were in his doorway and that the police did not know what he was wiping on his counter. (they couldn't tell it was, in fact, illegal drugs)
If you have been arrested in Jacksonville for DUI, there may or may not be a video. Because of budget cuts, JSO has been limiting the number of cameras in their patrol cars.
If there is a video and it is lost or destroyed, a Criminal Defense DUI Lawyer in Jacksonville can seek several remedies. The video could be exculpatory, meaning that it could point to a criminal defendant's innocence. At trial, a jury cannot see that possibly exculpatory evidence because police or a prosecutor's mistakes. This is a violation of a criminal defendant's due process rights. It doesn't matter whether the loss of the video was in good faith or bad faith.
The most harsh penalty for losing the tape is a dismissal of the DUI altogether. This remedy is very rare. The court could also stop the prosecutor from introducing verbal evidence of anything that was on the tape, such as field sobriety exercises. The jury could be instructed that the lost evidence is exculpatory.
Many times in Jacksonville, criminal defendants enter into plea agreements with the state attorney and return for sentencing at a later date. As long as they return on the scheduled date, their sentence will be what was agreed to. If they fail to appear and the failure is willful, the plea will stand but the sentence may not. The prosecutor has to prove that "more likely than not", the failure to appear was willful.
In a criminal case this year in Florida, the defendant entered into a plea agreement to a Grand Theft charge and a Schemes to Defraud charge. The agreement was that the defendant was going to be placed on probation to pay restitution in the case. Sentencing was set for a later date. The defendant did not appear at that date and later turned himself in because a warrant was issued. The judge then sentenced the defendant to 15 years in prison, drastically more than the probation sentence that was originally agreed to.
The appellate court reversed the sentence and ordered the lower court to sentence the defendant to the original probation sentence. The appellate court said that the prosecutor presented no evidence that even suggested the willfulness of the defendant's non-appearance. The only evidence the state attorney put on was a court baliff to testify that the defendant did not come to court on the scheduled date. The defendant's criminal defense lawyer put on the defendant, his uncle, and his bail bondsman to testify that the defendant misread the date and had made all other court appearances in the case.
When can a child testify in criminal court? This question comes up mostly in sex cases in Jacksonville when a child is the alleged victim. The court has to evaluate the child's "competence" to testify.
When a child's competency is at issue, the court considers:
1. Whether the child is capable of observing and recalling facts.
2. Whether the child is capable of narrating those facts to a court or to the jury.
3. Whether the child has a moral sense of the obligation to tell the truth.
A Jacksonville Sex Crimes Lawyer or the judge questions the child and the child's responses have to be sufficient to demonstrate the obligation to tell the truth.
Police officers in have started requesting that judges issue a warrant to draw the blood of people suspected of Driving Under the Influence in Jacksonville. Jacksonville Criminal Defense Lawyers have objected to the issuance of these warrants and the cases are being appealed to higher courts.
In Florida, you can refuse to blow into the breathilizer. If you refuse on your first arrest for DUI in Jacksonville, your license will be suspended for one year. You will not be eligible for a hardship until you have gone 90 days without driving at all.
What is amazing is that you can refuse to blow, but cannot refuse to give your blood. These cases will hopefully be addressed in appellate courts. If officers can draw blood, they will have to be trained to be phlebotomists. The blood storage will be highly scrutinized because vials of blood could be mismatched or not stored properly and may effect the alcohol reading.
There are many studies that analyze Driving Under the Influence statistics and causes. Every year, the National Survey on Drug Use and Health releases statistics on drugs and alcohol in America. The study gives the numbers of DUI's committed in the United States by age. Here are the numbers:
7.2% of people 16-17
16.7% of people 18-20
26.1% of people 21-25
23.2% of people 26-29
17.9% of people 30-34
15.4 of people 35-39
14.1% of people 40-44
14.7% of people 45-49
11.4% of people 50-54
9.9% of people 55-59
7% of people 60-64
2% of people 65 and older
DUI arrests in Jacksonville can be complicated and have many layers. There are several steps the police must take before arresting someone on drunk driving charges and an experienced Jacksonville DUI Lawyer should be contacted to examine your criminal case.
The 2008 National Survey on Drug Use and Health has been released. This survey analyzes the drug and alcohol use of people in the United States 12 years-old or older. Here are some findings:
1. 20.1 million people reported using illegal drugs currently. Illegal drugs include pot, cocaine, heroin, acid, and illegal prescriptions.
2. Marijuana is the most popular drug, with just over 15 million people using it.
3. 1.9 million people use cocaine (crack or powder)
4. 6.2 million people took pills, such as Xanax or Oxycontin, without a prescription.
5. Meth users decreased to 314,000 people.
While possession of all of these drugs is illegal in Florida, there are different levels of crimes you can be arrested for. Possessing less than 20 grams of pot in Jacksonville is a first degree misdemeanor, but is you possess more, that is a felony. If you possess enough pot, you can even be charged with trafficking.
If you possess any amount of any of the other illegal drugs, you can be arrested for a felony in Jacksonville. If you are arrested on drug charges in Jacksonville or anywhere in Florida, consult a Drug Lawyer in Jacksonville if you have any questions.
It is illegal in Florida to possess certain pills, such as Oxyconin and Xanax without a prescription. If you are arrested for possession of a controlled substance without a prescription in Jacksonville, you are facing a third degree felony punishable for up to 5 years in prison. Even if JSO finds one pill in your wallet or on your car seat, you can be charged with this drug crime in Jacksonville.
According to the National Survey on Drug Use and Health, the number of Americans who use illegal prescription drugs is down. In 2008, 2.5% of people in the United States said they abuse prescription medications. This is down from 2.8% in 2007.
If you are arrested for possessing a drug without a prescription in Jacksonville or anywhere in Florida, consult with an experienced Jacksonville Drug Law Firm. A criminal defense lawyer can explain your rights and examine the search that led to the discovery of the pills.
Over this past Labor Day, Nassau County, Florida participated in Florida's "Labor Day DUI Enforcement Wave". This was an effort to detect impaired drivers without using a DUI checkpoint. The Nassau County Sheriff's Office watched all drivers looking to traffic infractions and signs of impairment. There were 4 arrests for DUI as a result of this program.
Many DUI arrests in Jacksonville start with a traffic ticket. If you commit a traffic infraction, the police can pull you over to write a ticket. Once they make contact with you, inevitably they will smell the odor of alcohol on your breath, see that your eyes are bloodshot and watery, and hear slurred speech. This gives the officer reasonable suspicion to ask you to perform field sobriety exercises. Once you complete the exercises, the officer has the discretion to arrest you for DUI in Jacksonville if he or she believes they have probable cause. A Jacksonville DUI Lawyer can investigate each step of your arrest to see if the police followed the law. A DUI Law Firm in Jacksonville can also evaluate your performance on the Field Sobriety Exercises.
The United States Justice Department Inspector General reports that sex abuse accusations against staff at federal prisons has gone up dramatically. Between 2001 and 2008, complaints have gone up 130%. Our federal prisons hold around 170,000 inmates in its 93 prisons.
In 2008, there were 155 allegations of sexual misconduct against corrections workers. Hopefully, these accusations were taken seriously because even though those who complained were in prison, they still have the right to not be harmed while in federal custody, especially by those who get paid to run these institutions.
Are you driving a car likely to be stolen in Florida? The National Insurance Crime Bureau released the top ten most popular cars stolen in Florida last year. They are:
10. 1996 Jeep Cherokee
9. 1995 Nissan Maxima
8. 2007 Toyota Corolla
7. 2000 Dodge Caravan
6. 2008 Nissan Altima
5. 2004 Dodge Ram Pickup
4. 2006 Ford F150
3. 1990 Toyota Camry
2. 1996 Honda Accord
1. 2000 Honda Civic
If you steal a car in Jacksonville, you can be arrested for Grand Theft Auto. This crime is a third degree felony punishable for up to 5 years in prison. You should consult a Theft Crime Attorney in Jacksonville if you have any questions about a theft arrest in Jacksonville.
Marijuana growers are farming their product more and more in American forests according to the U.S. Forest Service. Law enforcement have found pot grows in 61 national forests in 16 states so far this year. The states are Virginia, North and South Carolina, Georgia, Alabama, Tennessee, Michigan, Wisconsin, Colorado, Arizona, Nevada, Utah, Idaho, Washington, Oregon, and California. The forest service destroyed over 2.5 million marijuana plants this year so far.
In Jacksonville, you can be arrested for trafficking in marijuana if you possess over 25 pounds of pot or 300 or more marijuana plants. A Jacksonville Marijuana Attorney can tell you more about the drug charges in Jacksonville.
We have all heard the word "hearsay", but what it exactly?
Hearsay is defined as an out-of-court statement offered for the truth of the matter asserted. When someone testifies in a criminal trial, they are generally not allowed to tell the jury statements made by themselves or someone else at a prior time. The reason these statements are not allowed is because they are not trustworthy.
Some statements are not considered hearsay, such as a statement made prior to the trial testimony that is inconsistent with the testimony and a statement of identification of a person made after perceiving the person.
There are also some exceptions to the hearsay rule. They are:
1. Spontaneous Statements describing an event while the declarant was perceiving the event.
2. An Excited Utterance that relates to a startling event made while the declarant was under the stress of excitement caused by the event.
3. A statement about the declarant's then-existing state of mind, emotion, or physical state.
4. Statements for the purpose of medical diagnosis or treatment.
5. A recorded memory concerning a matter the declarant once had knowledge, but now has lost recollection of.
6. Records of regularly conducted business activities.
There are also several other exceptions in Florida.
