Jacksonville Criminal Attorney Blog

At our Jacksonville Criminal Law Firm, many of our cases begin with our client talking to the police. Some criminal clients invoke their right to remain silent, but a majority do talk to the police and try to explain their side of the story. Talking to the police is almost always a detriment to a criminal suspect. The police wear handcuffs for a reason. Their job is to put you in jail.

Recently, there was a suspect shot by police at the Wendy's on Baymeadows Road. Police shot 42 times in a carjacked car that had 3 innocents in it as well as the suspect. Two of the innocents, one child, are in the hospital with gunshot wounds at the hands of these police officers. Baymeadows Road was shut down for around 8 hours so an investigation could be conducted. Not an investigation about the carjacking, the suspect was dead. Law enforcement was supposed to be investigating the police shooting.

Today is 6 days after the incident and the police officers who shot into the car still have not given a formal statement about what happened. They "lawyered up". They will not talk to any law enforcement agency without discussing the case in detail with their union attorney.

When police interrogate civilian suspects, they almost always tell them to simply tell the truth. "If you don't have anything to hide, why wouldn't you talk to us?" is the line that is commonly used by police. If this is true, why don't the police officers involved in a police shooting simply "tell the truth".

As a DUI lawyer in Jacksonville, Florida, I encounter DUI cases where our client is pulled over after a citizen calls 911. A Colorado police trooper, David Dolan, was arrested while on-duty for DUI after someone called 911 and reported his patrol car was weaving erratically Dolan was eventually pulled over and taken into custody. He was in his uniform with his gun and because he possessed the weapon while allegedly drunk, he is also charged with prohibited use of a weapon.

In Jacksonville and anywhere in Florida, if an anonymous tip comes in via 911, in order for the police to pull a car over, they have to independently develop reasonable suspicion on their own. For example, our Jacksonville DUI Law Firm was hired on a case where someone called 911 because our client asked the complainant for directions and the caller said she smelled alcohol on her breath. The woman called 911 and reported that a woman, our client, was driving a red SUV, asked for directions, and smelled of alcohol. An Atlantic Beach police officer observed our client's car, a red SUV, at an intersection. Our client was sitting close to the steering wheel, looked confused, and proceeded slowly through the intersection. At that time, the officer stopped our client.

As a Driving Under the Influence Defense Attorney, I immediately attached the invalid stop. After an anonymous tip comes in, the officer has to articulate specific reasons he had reasonable suspicion to believe the suspect is committing a crime. The officer in our case arguably did not have enough. What he observed could just as easily been because our client was lost at the beach.

A Northeast Florida Red Cross Employee has been arrested in Jacksonville on theft and fraud charges. Nicole Urbani has been charged with:

- 5 counts of fraudulent use of personal identification information, all third degree felonies in Jacksonville.

- 1 count of fraudulent use of credit cards, a third degree felony in Jacksonville.

- 1 count of employee theft, a second degree felony because the value stolen is over $20,000 but under $100,000.

Urbani is accused of creating fake house fire victims and dispensing the Red Cross money to herself. JSO claims she stole just over $33,000. If convicted of all the crimes she is charged with, Urbani faces up to 45 years in prison.

A Santa Rosa police officer has been arrested on sex charges in Florida. Mitch Tomlinson was arrested for 120 charges of child sexual battery. Every charge of sexual battery is a felony, but what level it is depends on how old the child was at the time of the alleged incident. Lewd and Lascivious Molestation is when a child is touched and is under 12 years-old. Lewd and Lascivious Battery is when a child is touched who is over 12 years-old. The officer's bond is $845,000.

As a Jacksonville Sex Crimes Lawyer, I see many of these sex arrests in Jacksonville. Being convicted of a sex crime in Jacksonville and anywhere in Florida carries profound consequences. Before even considering entering a plea to a sex crime, consult with a Florida Sex Crime Lawyer to discuss your rights.

As a Jacksonville criminal lawyer who whose practice is 100% criminal defense, I am constantly dealing with police officers who have made decisions about my client's liberty and life. Police officers are one of the few class of people in our society who can kill you with virtual immunity and it is of vital importance that the men and women who wear the uniform be of sound mind and temperament.

JSO officer, Darin Bickle, has received a reprimand for unbecoming conduct and abuse of authority. He was mad at a Lowe's employee about the warranty on his pressure washer. When Bickle did not get his way, he told the employee he was a police officer, yelled, and pointed his finger in the employee's face. Bickle told the employee he is a police officer who helps people and this employee was about to help him. Bickle admitted he was out of control.

This is not Bickle's first problem at work. He was cited for incompetency 2 years ago and did not take appropriate action last year.

A police officer who gets "out of control" about a pressure washer has no business walking the streets of Jacksonville with a gun and the power to use it. What if he was in a high stress situation and loses control again?

Another JSO officer has been arrested in Jacksonville. Arnold Sharkey is accused of aggravated assault with a deadly weapon and aggravated domestic assault. Both are third degree felonies punishable for up to 5 years in prison. The alleged victim, Sharkey's wife, told police he waited for her to leave work. Her brother picked her up and Sharkey allegedly pulled in front of them and started swerving back and forth blocking their way. Sharkey then made a u-turn, getting behind them and used his car to hit the rear corner of their vehicle. His wife then told police that he struck their car again twice and flipped his car in a ditch. Sharkey's wife's brother gave the same story to police. Upon being questioned, Sharkey told police he was in "big trouble".

The state attorney's office has not made a decision about what to file, if anything, against Sharkey. When someone is arrested for a felony in Jacksonville, the state attorney's office has discretion on what criminal charges to bring. The state can elect to file the exact charges someone is arrested for, can reduce the charge to a misdemeanor, or drop the criminal charges all together. That is why it is important to contact a Jacksonville Felony Attorney as soon as possible after you are arrested in Jacksonville.

There are now 4 JSO officers facing pending felony charges in Jacksonville.

The State of Florida has a distinct set of laws protecting the elderly population and disabled adults. An elderly person is someone who is 60 years-old or older who is suffering from the "infirmities of aging". A disabled adult is defined as someone over 18 years of age who has a physical or mental incapacitation as a result of a developmental disability, brain damage, mental illness, or physical limitation.

There are several levels of crimes related to the elderly and the disabled. Elderly abuse occurs when someone intentionally inflicts physical or emotional injury on the elderly or disabled and that act could reasonably be expected to result in physical or psychological injury to that person. This is a third degree felony punishable for up to 5 years in prison. If someone willfully tortures, punishes, or cages a disabled person or elderly person, this is considered aggravated abuse and is a first degree felony. Neglect of an elderly or disabled adult is a third degree felony in Florida.