Jacksonville Criminal Attorney Blog

Generally, before the police can enter a house, they must have a search warrant. As a Jacksonville Warrant Attorney, I review many warrants. A search warrant can be issued when any property contains evidence relevant to proving that a felony has been committed. Before a judge can sign a warrant, he or she has to be supplied with sufficient information to support their independent judgment that probable cause exists for the warrant.

The affidavit for the warrant must have sworn testimony from a credible witness stating that he or she has reason to believe that a crime is being committed on the premises. It must state, truthfully, that a particular person has committed a crime and that evidence relevant to the probable criminality is located at the place to be searched. The affidavit itself must have either information concerning the informant's veracity or corroborating evidence.

The reasons cited by the police must be sufficient to create a reasonable belief that a crime has been committed. If your home has been searched by police with a warrant, you should consult with a Criminal Defense Lawyer in Jacksonville. A Jacksonville Criminal Attorney can review the warrant and the affidavit for the warrant to make sure all the legal requirements are met.

As a Jacksonville Criminal Lawyer, I come across many cases where the police enter someone's home. Even though there are strict rules on how JSO can enter a home, they are not always followed.

Generally, the police can't enter someone's home without a warrant signed by a judge. Warrantless searches are considered, under the 4th Amendment to the Constitution, unreasonable, subject to certain exceptions. Police can't go into a dwelling without a warrant absent consent or exigent circumstances.

One way police justify getting into a house without a warrant is to conduct a "protective sweep". A protective sweep is a quick and limited search of the premises, incident to an arrest and conducted to protect the safety of the officers or others. Whether the arrest is made inside or outside the house, the police can conduct a fast and cursory search of the house when they have reasonable grounds to believe that there are other people inside who might present a security risk or who may destroy evidence.

As a Jacksonville Criminal Lawyer, we handle many bond matters, including bond reductions in Jacksonville. Our Jacksonville criminal law firm gets many questions about bonds, including when a person can bond out prior to appearing in first appearance court. (also called J-1)

Generally, when someone is arrested for a misdemeanor in Jacksonville, they are able to bond out prior to first appearance court. They types of crimes you can bond out just after arrest are petty theft, disorderly intoxication, or criminal mischief. The jail personnel will set the bond amount. If you are arrested for certain misdemeanors in Jacksonville, you have to appear in front of a judge who sets your bond. If you are arrested for DUI in Jacksonville or Domestic Battery in Jacksonville, the J-1 judge sets your bond or releases you on your own recognizance. (also called ROR) Also, if you are arrested on any felony in Jacksonville, you must appear in front of a judge to set your bond.

A police lieutenant has been arrested in Flagler County for Elderly Abuse and battery. Robert Milstead has been a police officer for 32 years and has been with the Flagler Beach Police Department for 3 years. He is charged with yanking a disabled driver out of his car, putting him in handcuffs, and spraying him with pepper-spray during a traffic stop. The battery charge comes from another man who said Milstead used pepper-spray on him as well and called him racist names.

The Florida Department of Law Enforcement has been investigating these allegations and says they have other police officers who were witnesses.

The principal of Yulee Elementary School has been arrested in Nassau County for aggravated battery and false imprisonment of his wife. Police say Scott Hodges' wife told them he grabbed her and pushed her several times. In a bizarre twist, she reported that she then stabbed HERSELF in the arms because she felt she had no other choice. The alleged victim said Hodges then stabbed her many times in the leg. The wife also claimed that he used his body to keep her in the house all night.

In order to be convicted of an aggravated battery in Jacksonville or anywhere in Florida, the state attorney must prove that Hodges committed a battery and in doing so intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to his wife or used a deadly weapon. To commit a battery, you have to intentionally touch someone against their will or intentionally harm someone. Aggravated Battery is a second degree felony in Florida and is punishable for up to 15 years in prison.

To prove false imprisonment, the state must show that Hodges forcibly, by threat, or secretly confining, abducting, or imprisoning, or restraining his wife without lawful authority or against her will. False imprisonment is a third degree felony in Florida punishable for up to five years in prison.

As DUI lawyers in Jacksonville, Florida, we keep track of notable DUI arrests in Jacksonville and all over Florida. The reason our Jacksonville DUI attorneys do this is to track their progress to see if celebrities or well-known folks get different treatment than the average citizen.

Florida football player, Frankie Hammond, was arrested for DUI and open container in Gainesville this past weekend. Police say he was speeding and swerved on the street. After being pulled over, police say Hammond spoke with slurred speech and bloodshot, glassy eyes. Almost every arrest and booking report for DUI in Jacksonville has these observations. Alachua police say he had open bottles of Crown Royal Whiskey in his car. One was in his backseat and one was in his trunk. When an alcohol bottle is in your trunk, you cannot reach it and cannot possess it. The bottle in the trunk is not the problem, it is the one in his backseat. Hammond reportedly did not do well on his field sobriety exercises and blew a .188 and .191. The legal limit in Florida is .08.

If Hammond hires a Florida Criminal Defense Attorney, that Florida DUI Lawyer will look at the specific reasons the police pulled him over. Normally, if an officer can show that you were speeding, there is probable cause to pull you over for that traffic infraction. If there is no speeding, there may have to be more than swerving to justify the stop. A DUI Defense attorney will investigate and ask the officers if the client effected other traffic. If you get arrested for DUI in Jacksonville or anywhere in Florida, it is important to consult with an experienced DUI law firm.

SCRAM bracelets are a relatively new device used in DUI cases in Jacksonville and as a condition of bonds in Jacksonville. SCRAM bracelets claim to monitor the amount alcohol someone has in their body by testing the person's sweat. The bracelet sends a signal to the headquarters which then issues a report to judges. If you are arrested in Jacksonville for DUI and bond out of jail, the judge can make the monitor a condition of your bond. That means in addition to posting a monetary bond, you will also have to pay to have the bracelet put on. It costs around $400 per month to have it on. Judges may also make you wear the bracelet if you are on DUI probation in Jacksonville.

SCRAM has been in the news recently because of the actress, Lindsay Lohan. Lohan was placed on probation for DUI in 2 separate cases. The judge in her case made her wear the monitor and it indicated that she did drink alcohol. Lohan denies the allegations, but the judge did issue a warrant for her arrest for violation of DUI probation.

As a DUI lawyer in Jacksonville, some of our clients are required to wear these bracelets before their DUI cases are resolved. It is very expensive to keep them on, and our Jacksonville Criminal Defense Lawyers, in some cases, are able to get the bracelets removed with the permission of the court.

Jacksonville Sheriff's Office Sheriff John Rutherford has released some crime statistics for 2009 in Jacksonville. According to Rutherford violent crime in Jacksonville and property crimes have dropped. Here are the numbers:

Rape in Jacksonville - down 16.8%
Robbery in Jacksonville - down 19.7%
Aggravated Assault in Jacksonville - down 13.2%
Homicide in Jacksonville - down 13.9%
Burglary in Jacksonville - down 5.9%
Theft in Jacksonville - down 8%
Grand Theft Auto in Jacksonville - down 32.5%

A police officer in Lawtey, Florida has been arrested on felony charges. Kenyatta Sheffield was arrested for two counts of bribery and two counts of receiving unlawful compensation. When Sheffield pulled people over for speeding in Lawtey, which is what most officers in Bradford County spend their time doing, he would allegedly offer drivers a "special" payment option. Instead of paying the fine to the clerk of court, the officer would ask for cash on the spot and allegedly keep it. Over his career, Sheffield wrote about 200 traffic tickets.

As Jacksonville Traffic Lawyers, we represent many people who are written traffic citations and even arrested for traffic offenses in Jacksonville. If you are given a ticket, you can pay the ticket and will be assessed points on your license, go to traffic school, or fight the ticket in court. If you hire a Jacksonville Attorney to represent you on a ticket, the Jacksonville Lawyer will go to traffic court for you and try to get the ticket dismissed or at the very least, get NO points assessed on your license.