Jacksonville Criminal Attorney Blog

A Jacksonville Sheriff's Lieutenant, Reginald Lott, has been arrested in Jacksonville for Organized Fraud, a first degree felony, and Grand Theft, a third degree felony. Lott resigned right before being fired by the JSO.

From June 1, 2009 to January 31, 2011, Lott was the Treasurer for the Jacksonville Brotherhood of Police Officer's Inc. During that time frame, Lott got a check card which gave him access to the non-profit's bank account at Bank of America. He is accused of utilizing the check card to make many financial transactions in excess of $51,000 for his own use.

On April 20, 2011, Lott made a $40,000 withdraw from the account and used it for personal things. The Brotherhood's board told police the withdraws were NOT authorized.

The charge of Engaging in a Scheme of Organized Fraud is a first degree felony. The amount obtained must be valued at $50,000 or more. This crime is punishable by up to 30 years in prison. Grand Theft is a third degree felony in Florida. It is punishable by up to 5 years in prison.

Lott posted bond and was released prior to going to first appearance court (also called J-1). This is unusual because people who are arrested for felonies in Jacksonville typically have to go in front of a judge to set a bond on the felony in order to be released.

When you are placed on probation in Jacksonville for a crime, the "special" conditions of your probation are determined through negotiation with the prosecutor or determined by the judge. Some terms of probation are standard to every probation.

Here are some standard terms and conditions of probation in Florida:

1. You must report to the probation office as directed.

2. You must allow the probation officers to visit you at your home, work, or elsewhere.

3. You must be employed insofar as may be possible.

4. You cannot violate any law. If you are arrested while you are on probation, you do not have to be convicted to substantiate a violation. If you are arrested and the officer had probable cause to arrest you, that could be enough to hold you in violation.

5. You have to make restitution to the victim for damage caused by you in an amount determined by the court.

6. You have to support your children to the best of your ability.

7. You cannot be around people engaged in criminal activities.

8. You have to submit to random drug testing if requested.

9. You will be prohibited from possessing a gun.

10. You cannot use intoxicants, such as alcohol, to excess.

If you are on probation and have questions about probation in Jacksonville, contact a Probation Attorney in Jacksonville.

When you are arrested in Jacksonville and charges are filed against you, there are a few roads you can take. You have the right to have a trial and make the state prove the charges against you. A criminal defense attorney will represent you and fight for your rights.

If you choose to not take the risk of a trial, you can enter into a negotiated sentence with the prosecutor in your case or enter a plea to the court. When you enter a plea to the court, also referred to as a "straight up" plea, you are not contesting the charge and leaving your fate up to the discretion of the judge. The judge can give you time served, probation, or the maximum sentence under the law.

If you enter a plea to the judge, you are entitled to a Presentence Investigation Report (PSI). A PSI is essentially a collection of your personal background information and information about the current crime. These reports are usually ordered when you enter a straight up plea unless a waiver is executed. A PSI report is completed by the Florida Department of Corrections. The report includes:

1. A complete description of the situation surrounding the current crime which the offender with which the offender has been charged. It will include a summary of the trial transcript if there is one, the plea agreement, if there is one, and the offender's version and explanation of the criminal activity if the offender chooses to discuss it.

2. The offender's criminal history.

3. The offender's educational background.

4. The offender's employment history.

5. The offender's financial status.

6. The social history of the offender, including family, marital status, and interests.

7. The residential history of the offender.

8. Medical History.

9. The information about the environment the offender will go to after being sentenced.

10. Resources available to the offender, including drug treatment and career training programs.

Our Jacksonville Criminal Defense Law Firm represents many people charged with crimes. A fairly common crime is burglary. A burglary in Jacksonville is committed when you enter or remain in a dwelling, structure, or conveyance with the intent to commit a crime therein, unless the place is open to the public at the time or you have been allowed to enter. Most people believe that you have to "break and enter" in order to be arrested for a burglary, but the fact is you don't have to break into anything. You just have to enter.

In Florida, there are a few things you can burglarize. One is a "structure". This is defined as a building of any kind, either temporary or permanent, which has a roof over it together with the curtilage. A "dwelling" can also be burglarized. This is defined as a building or conveyance of any kind, including an attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging in it at night. The last thing that can be burglarized is a "conveyance". A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, or sleeping car.

Our Jacksonville Criminal Defense Law Firm has represented many people charged with violent crimes, such as Domestic Battery, Aggravated Battery, Simple Battery, and Assault. When someone is arrested for a violent crime, the defense of self-defense may be an issue.

In Florida, any person who is not engaged in illegal activity and who is attached in any place where he or she has a right to be has no duty to retreat. That person has the right to stand his or her ground and meet force with force. This includes deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Reasonable fear of "great bodily harm" is sufficient to justify the use of deadly force when the person against whom the force was used was in the process of illegally and forcefully entering, or had illegally and forcefully entered, a home or occupied car, or if that person had removed or was attempting to remove another against that person's will from a home or occupied car.

If you have been arrested for a violent crime and believe you were defending yourself, you should contact a Jacksonville Self Defense Attorney to discuss your rights.

Our Jacksonville Probation Law Firm handles many cases that result in probation. Probation is a form of community supervision that requires you complete specific conditions and meet with a probation officer. Probation sentences are given when someone has no or a minimal criminal record.

Here are some terms associated with probation in Jacksonville:

Administrative Probation - a form of probation where you do not have to physically report to a specific probation officer. The person put on this probation is considered a low risk to the community. After being on this type of probation for half the stated term, you can go on a non-reporting status until the expiration of the term.

Community Control - a more intensive form of supervised custody. You can be restricted to your county, home, or residential placement during the duration of the community control. Community Control is individualized to each person placed on it. It could include ankle monitors or you keeping a log about where you have been.

Drug Offender Probation - a form of probation that emphasized drug treatment. You will be required to attend AA or NA meetings, get a drug evaluation, be subjected to random urine tests, along with other conditions.

Sex Offender Probation - intense supervision with or without electronic monitoring (ankle monitor). This is the most difficult probation to complete and requires attendance and completion of a sex offender psychological program, mandatory curfew, random searches of your home and person, restrictions on where you live, etc.

As a Jacksonville Misdemeanor Attorney's Office, we have represented thousands of people arrested and charged with misdemeanor offenses. A "misdemeanor" is a crime that is punishable by up to one year in jail, as opposed to a "felony", which is a crime punishable by over a year.

There are many misdemeanors one can be arrested for in Florida, but many are not considered serious. There are two types of misdemeanors, first degree and second degree. First degree misdemeanors are punishable by up to one year and a second degree misdemeanor punishable by up to 60 days in jail. Here are some misdemeanors in Florida:

Domestic Battery
Simple Battery
Assault
Improper Exhibition of a Weapon
Criminal Mischief
Petit Theft
Worthless Check
Resisting an Officer Without Violence
Driving Under the Influence
Reckless Driving
Possession of Less Than 20 Grams of Marijuana

Each of these crimes has certain elements that have to be proven in order to convict someone of the crime.

Our Jacksonville Law Firm handles 100% criminal defense cases. Many of our cases are DUI (Driving Under the Influence) related. Of those Jacksonville DUI arrests, several stem from checkpoints. These Florida checkpoints are branded as "safety" stops, but are mostly used to arrest people for DUI and Driving on a Suspended License in Jacksonville.

Between today, February 10, 2011 and the end of June, the Florida Highway Patrol will be conducting checkpoints in Duval County and Clay County. In Jacksonville, some of the locations of these mandatory stops are:

Forrest Blvd.
Old Middleburg Rd.
San Pablo Rd.
St. Augustine Rd.
Spring Park Rd.
Powers Ave.
Shindler Dr.

Some locations of the mandatory stops in Clay County are:

Doctor's Lake Dr.
County Rd. 209
County Rd. 218
Old Jennings Rd.

The FHP is going to inspect cars and make sure you are driving with a license. If the troopers detect any odor of alcohol or question your behavior, you may be arrested for DUI.

The Jacksonville Sheriff's Office is also conducting their own DUI checkpoint. This Friday, February 11th, JSO will be stopping cars from 10:00 pm to 1:00 am at 4727 Sunbeam Rd.

We all have heard of the "insanity defense", but what does it really mean in Florida? Claiming the defendant was insane at the time of a criminal offense is considered an affirmative defense, meaning the defendant is asserting it.

If the insanity defense is claimed in trial, a jury must determine whether the person was insane. Under Florida law, a person is to be considered insane when:

1. He or she had a mental infirmity, disease, or defect.

2. Because of this condition

a. he or she did not know what he or she was doing or its consequences or

b. although he or she know what he or she was doing and its consequences, he or she did not know it was wrong.

A defendant who believed what he or she was doing was morally right is not insane if the defendant knew what he or she was doing violated society's standards or was against the law. All people are presumed sane and it is the defendant's burden to prove the defense of insanity by clear and convincing evidence. Clear and convincing evidence is defined as evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief, without hesitation, about the matter in issue.

If a jury believed a defendant was insane at the time he or she committed the crime, they should find him or her not guilty by reason of insanity.

As a Jacksonville Criminal Lawyer, almost all of my cases involve witnesses. In many cases, such as domestic battery cases or violent crimes in general, the witness is considered a victim. Usually, the victim of a crime is known by the defendant. They are a family member, love interest, friend, or acquaintance. Our clients often ask us about contacting the "victim" while the case is pending. Contacting any witness during a criminal prosecution can be dangerous and even unlawful.

In Florida, it is a crime to tamper with or harass a witness, victim, or informant. Any person, not just the defendant, who knowingly uses or attempts to use intimidation, physical force, bribes, or threats toward someone with the intent to cause the person to:

1. Withhold testimony from an official investigation or official proceeding;

2. Alter, destroy, change, or hide an object with the intent to hurt the integrity of the object for use in an official investigation or proceeding;

3. Hide from legal process summoning that person to appear in court as a witness;

4. Not come to an official proceeding when that person has been subpoenaed;

5. Testify untruthfully in an official investigation or an official proceeding.

If the official investigation or official proceeding involved is a misdemeanor in Florida, witness tampering is a third degree felony. If the official proceeding affected involves a third degree felony, witness tampering becomes a second degree felony. If the proceeding is a second degree felony, witness tampering becomes a first degree felony.