Jacksonville Criminal Attorney Blog

In a city west of Jacksonville, a child was found with marijuana at school. The child, a three year-old, was told on by another child in the class and teachers found less than 20 grams of marijuana on the child. Lake City Police say they don't know how the child got the pot.

If the child was an adult, he could be charged with possession of less than 20 grams of marijuana. This is a first degree misdemeanor punishable by up to 1 year in jail.

If someone possesses more than 20 grams of pot, they can be charged with a third degree felony. This crime is punishable for up to 5 years in prison.

If you are convicted of possession of marijuana, the Florida Department of Motor Vehicles will suspend your driver's license for 2 years. They will suspend it even if the marijuana was not found in your vehicle.

If you are arrested for any drug charge, you should contact a Jacksonville Marijuana Lawyer to discuss your rights before you make a decision. Not only can the drug charge effect your driver's license, it can effect your liberty.

As a Jacksonville Criminal Trial Lawyer, I constantly review nuances in trial law.

When a Jacksonville Criminal Defense Attorney conducts a criminal trial, there are certain procedures that have to be followed in order to protect the client's rights. In most criminal trials, a jury is selected. In Duval County, the jury pool consists of people who have a driver's license. The first thing that happens in a trial is jury selection. Both the prosecutor and Duval County Criminal Attorney will get the chance to question potential jurors to make sure they can be fair and impartial for that particular case.

Once selected, the jurors will have to consider any evidence presented to decide whether or not they believe the defendant is not guilty or guilty. The jurors are instructed by the judge to only consider the evidence presented in trial alone to make their determination Jurors are not allowed outside sources, such are law books or a dictionary, to help them make their decision.

It seems that everyone has a cell phone these days, most of which are smartphones. There was a case just south of Jacksonville, Florida where one of the jurors used their smartphone to look up the definition of "prudent", which was a word contained in the jury instructions. That juror shared their findings with the other jurors and the defendant was convicted.

The appellate court reversed the defendant's conviction and gave him a new trial. Using the smartphone was juror misconduct. Once juror misconduct is established by the court interviewing the jurors, the defendant is entitled to a new trial unless the opposing party, the prosecutor in this case, can show there was no reasonable probability that the juror misconduct affected the verdict. In this case, the word "prudent" was mentioned in the jury instructions and was repeatedly used by the attorneys in argument.

As a Jacksonville Criminal Attorney practicing 100% criminal defense, I follow trends in the news about crime statistics, including arrests. The Federal Bureau of Investigation (FBI) follows criminal numbers on the national, state, and local level.

Here are some of the comparison numbers:

Robberies: National - down 8%. Florida - down 14.7%. Jacksonville - down 18.6%.

Aggravated Assault Charges: National - down 4.2%. Florida - down 8%. Jacksonville - down 11.1%.

Rape Charges: National - down 2.6%. Florida - down 7.8%. Jacksonville - down 13.7%.

Grand Theft Auto Charges: National - down 17.1%. Florida - down 20.8%. Jacksonville - down 32.4%.

Burglary Charges: National - down 1.3%. Florida - down 3.4%. Jacksonville - down 5.5%.

When you are arrested, whether it be in Duval County, Clay County, or Nassau County, it is a traumatic experience. Your liberty and rights are at stake, so the next step you take is extremely important.

If you are arrested, it is important to contact a Jacksonville Criminal Lawyer to discuss your case. There are important questions you should ask your criminal attorney.

1. Ask the criminal attorney what percentage of your practice is devoted to criminal law defense?

2. Ask have you handled cases like this before?

3. If the lawyer is board certified in criminal trial law in Florida, ask him or her what kind of trials did they conduct to earn that certification. To get the certification, the criminal lawyer has to pay a fee and conduct a certain number of trials. Many, now criminal defense attorneys, were former prosecutors. Several of the board certified criminal lawyers earned their certifications prosecuting people, not defending them.

4. Many potential clients want to know a criminal lawyer's "success rate". That depends on what "success" is defined as. Less than 2% of criminal cases end in a trial. When someone is arrested for a criminal charge in Jacksonville, the state attorney's office has the discretion to file the charge, drop the charge, or reduce the charge to a lesser crime. If the criminal lawyer is able to get the case dropped, that is a success.

If a case is filed and it appears very good for the prosecutor (for example, if the crime is captured on video), it is the role of the Jacksonville Criminal Defense Lawyer to minimize the impact on the client. If the criminal attorney is able to minimize the punishment dramatically, that is a success.

If a case does go to trial, you need the best possible Jacksonville Criminal Trial Lawyer on your side. Meet with a few lawyers to see who you are most comfortable with. If a lawyer makes you promises on a particular outcome of your case, they are lying to you. As Florida Criminal Lawyers, we are not allowed to make guarantees on outcomes of cases. The reason we can't is because there is no way for us to predict the future.

Our Jacksonville Sex Crimes Attorneys conducted a trial for Sexual Battery and our client was found NOT GUILTY.

Our client, S.K., was arrested for Sexual Battery (Rape) in Jacksonville. Both our client and the alleged victim are in the Navy. After a command party in the Navy, both parties drank alcohol and had sex. The next morning, the alleged victim goes to the Navy hospital and reports a rape. She is evaluated by Navy doctors and the Sexual Assault Response Center. A tampon is wedged all the way up to her cervix and had to be removed by a nurse because the alleged victim was unable to remove it herself. The police conduct a control call to our client, which is a recorded call between the alleged victim and our client. S.K. repeatedly tells her he thought the sex was consensual, but he guessed it wasn't and repeatedly apologized. The case went to jury trial. Our Jacksonville Sex Crimes Attorneys fully investigated the case revealing many conflicts in the evidence. Our Jacksonville Trial Lawyers also introduced evidence that the alleged victim lied several times. After deliberating for just 18 minutes, the Jacksonville jury came back with a verdict of NOT GUILTY.

It is very easy to make accusations, especially in sex cases. Many times, there is no physical evidence and the only evidence in the whole case is the alleged victim's word.

The Jacksonville Sheriff's Office, Neptune Beach Police Department, and Atlantic Beach Police Department conducted a DUI checkpoint in Atlantic Beach this past Labor Day. Four people were arrested for Driving Under the Influence in Atlantic Beach. Nineteen other people got traffic tickets out of the checkpoint.

A DUI checkpoint is a mandatory stop for traffic on selected roadways. The police have to prepare a very specific plan prior to any checkpoint detailing:

1. Which cars to stop. For example, every 4th car.

2. How long the checkpoint would last.

3. How many officers would be present.

Once your car is stopped, the police look for enough evidence to establish probable cause to detain you for DUI. The police will then conduct Field Sobriety Exercises to determine whether or not to arrest you for DUI. The exercises are the "Walk and Turn", "One Leg Stand", "Rhomberg Alphabet", and the "Finger to Nose". If the officer thinks you are too impaired to drive, you will be arrested for DUI and taken downtown. Once there, you will be given the option to blow into the breathilizer. If you are arrested for DUI in Jacksonville, call an experienced Jacksonville DUI Law Firm to discuss your options.

Our Jacksonville Probation Law Firm represents many people on who are on probation. When you are put on probation in Jacksonville or anywhere in Florida, you don't have the same rights and freedoms as the common citizen.

The Court, when it sentences someone to probation, imposes standard and special conditions. Standard conditions include:

1. The probationer must report to every scheduled meeting.
2. The probationer cannot possess any firearms.
3. The probationer must pay probation fees. (usually around $50.00 per month)
4. The probationer cannot use intoxicants to excess.

"Special" conditions are the conditions the Court imposes that relate directly to the crime the person was arrested for. Some "special" conditions are:

1. Random Urinalysis to test for drug use.
2. Payment of restitution.
3. Community Service Hours (When you are placed on DUI probation in Jacksonville, performing service hours are mandatory)
4. Attend drug rehab.
5. Pay specific court costs.

If a probationer violates his or her probation, they can be put back in jail with no bond until they can go before the judge. If you are on probation in Jacksonville, Clay County, or Nassau County and think you may have violated your probation, call a Jacksonville Probation Lawyer to discuss your options.