Jacksonville Criminal Attorney Blog

Two recent incidents reported by The Florida Times-Union involved domestic violence, a charge that requires consultation with an experienced Jacksonville Criminal Defense Lawyer.

Domestic violence charges in Jacksonville carry with them a difficult stigma that assumes, mainly men, are guilty of committing the crime upon wives and girlfriends. Because of that, law enforcement officers sometimes require little or no evidence before making an arrest. And for many in the public, an arrest is as good as a conviction and people lose jobs, credibility and reputation in the community and other sanctions before even going to trial. That's why fighting the charges and seeking an acquittal or dropped charges is so important.

The newspaper reported recently on two incidents at Jacksonville-area beaches where people were arrested in domestic violence-related cases:

-A 58-year-old man was arrested on Atlantic Beach and charged with domestic battery after allegedly beating a 39-year-old woman on a hotel room.

According to the newspaper, hotel workers had to escort the man out of the resort after a dispute with the woman. Police say the man held the woman's hands to her side and she struggled to get free. After she got loose, he allegedly pushed her to the floor and they continued fighting before police arrived.

The article doesn't say whether any eyewitnesses saw the alleged battery occur or if it was simply the woman's word against the man's.

-In the second incident, Jacksonville Beach residents allegedly witnessed a man shove a woman into the trunk of a vehicle and drive off. Witnesses told police the man allegedly punched the woman before slamming the trunk closed.

When police found the vehicle at the end of a hotel, it was registered to the defendant, who was staying with the woman. When police went to the room where the two were staying, the defendant said he let the woman out of the trunk, at which point she yelled at him and they went back to their room.

In this incident, it's unclear if the woman appeared to suffer from a punch as witnesses said or if the man at the hotel room matched the description of the man witnesses say punched a woman and put her in the trunk of a car.

According to Florida Statute 784.041, which defines felony domestic battery, the crime is committed when a person intentionally strikes a person against their will and causes "great bodily harm, permanent disability or permanent disfigurement."

Great bodily harm can be debated, while disability and disfigurement are more black-and-white terms in the law. If convicted, a person charged with this crime can face up to five years in prison, so the crime shouldn't be taken lightly. There are many non-profit groups dedicated to domestic violence awareness and sometimes, sadly, the allegations are true. But other times, alleged victims make up the crimes as an act of revenge.

That's why sorting out the details of the case and working to disprove the charges in court are important. If you face domestic violence charges in Jacksonville or throughout northeast Florida, consult with an experienced Jacksonville Criminal Defense Attorney, who will fight for your rights.

Continue reading " Domestic Violence Incidents in Jacksonville Require Aggressive Criminal Defense " »

According to The Florida Times-Union, a man pulled a gun recently in a traffic incident, leading to charges of aggravated assault and auto theft against an 18-year-old.

The use of weapons in crimes can be dangerous and they can turn arguments into years-long prison sentences and fights into homicides. And in an effort to cut down on the crime, lawmakers have boosted penalties against people convicted of committing gun crimes in Jacksonville and throughout Florida. These charges carry steep penalties that can include up to a life sentence in Florida, so consulting with an experienced Jacksonville Criminal Defense Attorney, who can defend the charges and seek a good resolution is imperative.

In this case, according to the newspaper, a white Acura cut off a truck on Busch Drive, leading the truck driver to yell out to the driver of the Acura that's how "accidents happen and people get hurt," according to sheriff's deputies.

According to investigators, the driver of the Acura pulled out a silver revolver and yelled back, "Oh, people gonna get hurt?"

When the victim saw the gun, he wrote down the license plate number and called police. Detectives found the Acura and trailed it after discovering it had been stolen. After the driver and passenger abandoned the car, officers tracked down the pair and arrested them, though a gun wasn't found. The unnamed passenger was also arrested on a charge of auto theft.

This is a disturbing case because authorities have charged a man with aggravated assault, which is a serious crime, despite no evidence he had a gun. The driver of the truck could have made up the part about the gun simply to get back at the driver he was mad at for cutting him off in traffic.

Now, an 18-year-old faces up to five years in prison, according to Florida Statute 784.021. Aggravated assault can mean beating someone with a deadly weapon or simply waving it around in an intimidating manner. In this case, it appears the charge comes from the latter definition.

In any aggravated assault charge, it is essential that the state prove the defendant was using or carrying a weapon and used it in an intimidating way. Without proof of a weapon, the charge becomes a simple assault, which is defined in Florida Statute 784.011. Under that law, it is a second-degree misdemeanor, which is much less serious.

In Florida there are ways prosecutors can enhance the possible penalties in any given crime if a weapon is involved and that's the way lawmakers have sought to end the problem of violent crimes. For that reason, immediately consulting with an experienced Jacksonville Criminal Defense Attorney is critical. Don't make a statement to detectives without first asking to speak with a lawyer, who can determine whether or not talking is a good idea.

Don't surrender any rights without first consulting with an attorney to determine the best course of action. These charges are serious and can put a person away in prison for years and sometimes decades. Don't take them lightly.

Continue reading " Gun Drawn in Jacksonville Traffic Incident Highlights Severity of Gun Charges " »

Four South Georgia teens were recently arrested and charged with breaking into a business and stealing 17 handguns. Police in Blackshear arrested three 17-year-olds and a 15-year-old, the Florida Times-Union reports.

For hardened criminals who have multiple convictions, they have made choices again and again that leave them punished in the Florida criminal justice system. But for juveniles charged in Jacksonville, they deserve compassion and leniency not typically afforded to adults. And that requires an advocate and someone who will stand by their side and fight for their rights -- a Jacksonville Juvenile Defense Lawyer.

The juveniles in Blackshear face charges of burglary, theft by taking, second-degree criminal damage to property and possession of burglary tools. If charged as adults, they could be punished with decades in prison if the charges are proven and the sentences are maxed out.

Of course, the justice system recognizes that there is a difference between juveniles and adults when it comes to crime. But sometimes, prosecutors attempt to blur the line and charge juveniles in the adult system because of political pressure or pressure from the media and the public.

An experienced lawyer will petition to get a juvenile charged in the juvenile system rather than the adult criminal justice system. That's because the juvenile system is designed to rehabilitate a defendant, while the criminal system seeks only to punish.

The benefits of being charged in the juvenile system are plentiful. They include having the Florida Department of Juvenile Justice control much of the possible penalties, rather than the prosecutor or the judge. And penalties including community service and work camps rather than prison.

But a diligent Jacksonville Criminal Defense Attorney won't stop at just getting a juvenile defendant into the juvenile system. Beating the charges or greatly reducing them is also the job of an attorney hired to defend teenagers.

That's because picking up a conviction as a teenager can have severe long-term effects. too often parents think such charges magically disappear in adulthood. That is often not the case. Issues obtaining college scholarships or working in certain career fields may also result from having a criminal record.

For those not interested in school, there are cases where the United States armed forces won't consider teenagers for enlistment if they have a criminal record. While juvenile records are protected under law, there are ways for government agencies and others to sometimes get access to them.

That's why aggressively fighting these charges is so important. And while parents want to protect their children at all costs, sometimes they can make things worse. The first thing you should do is consult with an attorney, who can use their experience and knowledge to help you make the best decisions for your child.

Continue reading " Jacksonville Juvenile Crimes Cause Long-Term Problems " »

News4Jax.com recently reported the case of a Fort White man who pleaded guilty in U.S. District Court in Jacksonville to a charge of possessing images and videos of child pornography.

Child pornography charges in Jacksonville typically are handled by federal prosecutors rather than state prosecutors. That's because Internet crimes are typically committed state-to-state and the number of images can affect the jurisdiction. But that doesn't mean a defendant couldn't face state charges.

Regardless of what court the person will be dragged into, the charges are serious and can be punishable by years in prison. That's why immediately contacting a Jacksonville Child Pornography Defense Attorney should be the defendant's first step. If investigated by law enforcement, things will move quickly; police will interrogate you, seek to confiscate your computers and want to search your home. You should refuse them access to your possessions and contact an attorney.

In this case, a 26-year-old man from Fort White recently pleaded guilty to possessing child pornography in federal court in Jacksonville. According to the news report, the man faces up to 10 years in prison, a $250,000 fine and a possible life term of supervised release.

According to the news station, an FBI agent in Oklahoma was conducting a child pornography investigation and identified a host computer whose Internet service provider led to the Fort White home. In 2009, agents executed a search warrant at the man's home.

The man admitted to collecting child pornography for about a year, according to court documents. Agents found 25 videos and 273 images containing child pornography inside his house and on his computer.

As noted above, a defendant charged with having, making or sending child pornography can be charged either by state prosecutors or federal prosecutors. Under Florida Statute 847.0137, sending child pornography is a third-degree felony, punishable by up to five years in prison.

But under U.S. Code Tittle 18, Chapter 110, child pornography charges are much more extensive. Penalties range and can depend on the number of images, the conduct of the defendant and the defendant's criminal history record.

The two systems vary in how they punish convicts. In the state system, penalties are added together based on the number of charges and judges have the discretion to sentence as they wish, within the guidelines of the possible sentence. In the federal system, there is a possible range of imprisonment, based on many factors, including the penalties, the criminal history record, how forthcoming the defendant was, if they provided information about other defendants for other prosecutions and other factors. The judge then must sentence within the range of months or years, unless they have a legal reason to go lower or higher.

The charges can be beaten in either system, but it requires hiring an experienced Jacksonville Criminal Defense Lawyer to fight the allegations. Proving who was using a computer if there are several people living in the house and showing that images were planted through file-sharing web sites, are two possible defenses. Our firm works with clients to present the best possible defense and seek the best resolution in their cases.

Continue reading " Man Pleads Guilty to Child Pornography Charges in Jacksonville " »

A recent armed robbery has left one man wounded and several other men at large wanted for the crime, The Florida Times-Union reported.

Like many crimes involving theft, there are varying degrees in Florida, ranging from shoplifting to robbery. But regardless of what is alleged by law enforcement, it must be proven beyond a reasonable doubt in a court of law. And hiring an aggressive Jacksonville Criminal Defense Attorney will help protect the defendant's rights in Jacksonville robbery cases.

In this most recent case, authorities believe the man was walking near East Fifth Street just before 6:30 p.m. when three men walked up and one demanded that he "Give it up." When the man, whom the newspaper reported was "elderly" but didn't provide his age, began walking away, one of the alleged robbers fired a shot, striking the man in the back.

The three suspects ran away and the victim limped to a nearby house, where emergency crews were called. He suffered a bullet wound to his shoulder and the injuries aren't expected to be life-threatening.

In Florida, under Florida Statutes 812.03, a person can face years to decades in prison if convicted of different forms of robbery.

Robbery charged in the first degree: This is when a person uses a weapon or even just carries a weapon. It's possible that having a pocket knife on a keychain that isn't used during the robbery could result in a first-degree robbery charge. In that case, the defendant faces up to 30 years in prison.

Robbery charged in the second degree: This is taking something from someone without using or carrying a weapon.

Some people get robbery and burglary confused, but there is a distinct difference. In burglary cases, a suspect steals from a building, house or vehicle. A robbery is stealing directly from a person. While there are cases where a person can commit a burglary where a person is present, the difference is possessions weren't taken directly from a person.

Robbery is one of the charges that applies to the state's 10-20-Life law that establishes minimum mandatory sentences for crimes involving weapons. Under the law, a person who uses a gun during a robbery faces at least 10 years in prison. If the gun is fired, the person must serve at least 20 years in prison. If someone is injured or killed, the sentence must be 25 years to life.

Proving a person was involved in a robbery can be difficult without eye witness accounts, video surveillance, fingerprints, DNA or other proof. But many of these pieces of evidence can be disproven and the credibility of witnesses, especially co-defendants who accept reduced plea deals, can be questioned. An aggressive Jacksonville Criminal Defense Attorney understand the severity of the penalties and what must go into defending these charges.

Continue reading " Attempted Robbery in Jacksonville Leaves Man Wounded With Gunshot Wound " »

Detectives allege three men in custody and a fourth who is at-large were responsible for break-ins at area Best Buy stores from Jacksonville to Ocala, The Florida Times-Union reports.

Jeffrey Lamont Platts, 32, William David Alonzo, 19, and Demarco A. Varnes-Appling, 21, have all been charged with burglary. Additionally, Varnes-Appling has been charged with
aggravated battery and aggravated assault against an officer, resisting an officer without violence, auto theft, leaving the scene of an accident and reckless driving, the newspaper reports. Detectives believe two other men are also involved.

These are some serious allegations that can put these young men in prison for years and possibly decades, which is why hiring an aggressive Jacksonville Criminal Defense Attorney is so critical. The case reflects a piling on of the charges so often seen (and so often unwarranted) when dealing with defendants. Take the assault on a police officer and resisting arrest without violence charges. Which is it? Police have thrown the book at the defendant hoping something sticks.

According to the news report, the Jacksonville Sheriff's Office worked the case for several months after reports of similar suspects breaking into the large electronics stores. Detectives say they caught the men in the act recently at a Jacksonville Best Buy, using covert deputies to hide in bushes and near the store waiting. According to the article, the men cased the store for five hours before breaking in around 3:30 a.m., by busting through a wall in the back.

People sometimes get burglary and robbery mixed up. Burglary is stealing something from a structure, while robbery is stealing from a person. While a burglary can be committed with a person present, it is typically charged when a business or vehicle is broken into and possessions are stolen. Therefore, the penalties for burglary are typically less than for robbery, but both charges are felonies and can be punished by prison time.

According to Florida Statute 810.02, there are different forms of burglary:

Burglary as a first-degree felony: If a person assaults someone during the crime, is armed during the crime, causes damage to property during the crime or uses a vehicle to damage property as part of the crime. It is punishable by up to 30 years in prison.

Burglary as a second-degree felony: If a person doesn't assault someone and isn't armed, but commits a burglary where a person is inside the dwelling or structure at the time. That crime is punishable by up to 15 years in prison.

Burglary as a third-degree felony: This is perhaps the most common type of burglary charge, which happens when someone breaks into an empty house or building. It is punished by up to 5 years in prison.

If a vehicle is stolen, under Florida Statute 812.014, the person can be charged with grand theft of an vehicle, which is a third-degree felony, punishable by up to 5 years in prison.

It's clear that these penalties are steep to serve as a deterrent to people who would consider breaking into homes, buildings or vehicles in order to steal. But being able to prove the charge is a whole other matter. Prosecutors sometimes have difficulty proving these charges unless law enforcement catches someone red-handed.

If they have to rely on co-defendants who have their own credibility issues, it can be advantageous to the defendant. Not making a statement is critical in these cases because they can be used against the defendant in court.

Continue reading " Car, Store Break-Ins Lead to Felony Charges in Jacksonville " »

The St. Augustine Record recently reported about a man who faces charges after allegedly trying to sell about $100,000 worth of stolen jewelry at a Jacksonville pawn shop.

In Florida, theft charges come in many different ways. The charge can mean allegations ranging from shoplifting a $5 t-shirt to breaking into someone's house with a gun, demanding money. And with the allegations ranging, so do the penalties. But Jacksonville theft charges can be very serious because authorities will sometimes attempt to pile on the charges, adding to the possible jail or prison time.

And that's where an experienced Jacksonville Criminal Defense Attorney comes in. The great thing about the criminal justice system in this country is it affords everyone the right to a fair trial and an aggressive defense attorney who is trained to fight the charges. Being able to examine all the evidence with a trained eye and shoot down prosecution theories and law enforcement evidence is imperative when a person's liberty is on the line.

The 26-year-old Ponte Vedra Beach suspect in this case was arrested by St. John's County deputies after he tried to sell some jewelry at a pawn shop. According to the newspaper, he is charged with burglary, larceny of $50,000 or more, grand theft, dealing in stolen property and probation violation.

According to the article, the investigation began when homeowners in Ponte Vedra Beach noticed jewelry missing from their house after a break-in. Detectives began going to pawn shops in the hopes of discovering if the jewelry had been sold recently.

While at one Jacksonville Beach pawn shop. detectives saw a man come in and attempt to sell a large amount of jewelry. Contacting the homeowners, they confirmed that the jewelry belonged to them.

Detectives then searched the man's vehicle and found more jewelry as well as tools typically used to break into homes. They arrested him on the spot. The man told detectives he found the jewelry while riding his bike.

What the article doesn't state is whether the detectives had probable cause to search the man's vehicle and obtain the other evidence they plan to use against him in court. What didn't help was the suspect speaking with police.

It is rarely a good idea to give a statement to law enforcement officers when being investigated for a crime. Detectives are trained to get confessions. They are legally allowed to lie to suspects to get the information they want and they get pressure from their bosses to get a person to admit to committing a crime.

Many people believe they can talk their way out of a crime by talking with detectives, but they are trained to keep track of what a person says and are able to cross them up later on if they provide contradictory facts. And whatever a person says can be used against them in court. It is advisable to speak with an experienced Jacksonville Criminal Defense Attorney before saying anything.

Continue reading " Jacksonville Beach Pawn Shop Site for Alleged Sale of Stolen Goods " »

Jacksonville Criminal Attorney Blog recently reported on a 30-year-old man who faces charges of cultivating and possessing marijuana as the result of an alleged marijuana grow house operation.

While that is one type of scenario in which a person can face a drug charge, there are many others. Law enforcement is enamored with "the war on drugs" and uses many resources to cut down on the real or perceived problem of drugs in America.

And when charges are brought against citizens, they should be fought aggressively by a Jacksonville Criminal Defense Attorney. A vigorous defense will include motions to suppress statements and evidence, if applicable, efforts to prove eye witness accounts are inaccurate or witnesses aren't credible as well as alternative theories. Alternative sentencing options, including treatment, are also often options when the charges can't be beaten in court.

Jacksonville drug charges can be prosecuted with tough penalties in state court. And for juveniles who faces drug charges, it is imperative that they be prosecuted in juvenile court rather than adult court because of the possible future implications.

According to the Florida Department of Law Enforcement, there were 6,007 drug crime arrests in 2010 in Duval County. That's down significantly from 2009, when 7,486 people were arrested for drugs. That's a 25 percent dip.

How drug crimes are punished are outlined by Florida Statute 893. In this chapter, lawmakers have defined which drugs are categorized as controlled substances, what the penalties are for possessing them, producing them, selling or buying them and other penalties.

What this chapter also does is lays out the increased penalties for a person charged with having drugs in certain areas of town. For instance, in Florida Statute 893.13, the penalties against a person who is caught committing a drug crime within 1,000 feet of certain places are enhanced. Substances involved in a regular possession case are bumped from a second-degree felony to a first-degree felony, upping the penalties by 15 years and a third-degree felony (up to 5 years in prison) to a second-degree felony (up to 15 years in prison).

Those places are:
-The real property comprising a child care facility.

-A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 a.m.

-A physical place for worship at which a church or religious organization regularly conducts religious services.

-A convenience business.

Obviously, the penalties for these types of crimes are extremely serious. A person could be facing up to 30 years in prison if convicted of selling certain types of drugs near one of these places, so fighting the charges are especially important.

And many of these drug crimes comprise juvenile crime in Jacksonville. Teenagers who commit drug crimes have a lot on the line because a conviction on their record can disqualify them from scholarships, entry into colleges or universities as well as the armed forces.

It is important to consult immediately with a Jacksonville Criminal Defense Attorney in order to make sure the case is prosecuted in juvenile court rather than adult court so that it is possible for them to be penalized with camps and community service rather than hard time that will stay on their criminal history forever.

Continue reading " Jacksonville Drug Crimes Carry Stiff Penalties; Require Experienced Defense Attorney " »

Marijuana grow houses have been popping up throughout Jacksonville and other parts of the state as local law enforcement and even Florida Highway Patrol troopers have used resources to try to cut down on these operations.

In a recent local case, a 30-year-old man faces charges of cultivating marijuana, possession of marijuana, evidence tampering, possession of marijuana with intent to sell and possession of drug paraphernalia. Police received a call from neighbors alleging that the house on Iowa Avenue was being used to grow and cultivate marijuana.

Drug charges in Jacksonville are serious and bring steep penalties in Florida. And therefore, these charges require an experienced Jacksonville Criminal Defense Attorney who can aggressively defend these clients in court.

According to the news report, when police got to the house, they spoke with the owner of the house and the man, his son, brought with him a bag of marijuana, telling officers he brought the drugs with him to the house. With the owner's consent, however, they were allowed in and searched the house.

Upstairs, they found loose marijuana in the bathroom, marijuana stalks and leaves scattered in the bedroom and another bedroom with lights shining on eight plants, including more in the closet. Police destroyed the lighting system and confiscated the drugs and several guns.

If several rooms were being used, everyone in the house would likely know about it, thus making pinpointing one person as responsible difficult. Everyone could face charges. Further, a defense lawyer should question whether the owners really permitted law enforcement to enter the house -- apparently knowing of the grow operation.

The search of the house is worrisome. It's unclear what was said to the man's father, the owner of the house, and why he allowed the search of the house. In cases where a house, car or person is illegally searched by law enforcement officers, an experienced defense attorney can get the evidence collected suppressed, or kept out, of the proceedings.

Under Florida Statute 893.13, someone who cultivates, produces, sells or possesses marijuana can be charged with a third-degree felony. In Florida, a third-degree felony is punishable by up to five years in prison.

And as is the case with the Jacksonville man and many other defendants who face drug charges, law enforcement has levied several charges against him, so the penalties can stack up. This is why it's even more critical to entrust your case to an experienced lawyer who has been fighting these charges for more than a decade. Lawmakers are always trying to show they are fighting "the war on drugs" and prosecutors like to do the same. But this requires proof and not just circumstances and a defense attorney should be able to cut through the hype and get to the facts.

Continue reading " Marijuana Growth House Operation Busted in Jacksonville " »

Jacksonville Criminal Attorney Blog recently posted about an accident in Nassau that has left a 24-year-old woman with life-threatening injuries. According to News4Jax.com, Florida Highway Patrol troopers are awaiting blood testing to determine if the 41-year-old driver who they believe caused the accident was under the influence.

While the man hasn't been charged with any DUI-related crimes, it is important to note that DUI charges in Jacksonville and throughout Florida are serious and require the advise and counsel of an experienced Jacksonville DUI Defense Attorney. An arrest proves no guilt and should be treated with skepticism and fought vigorously in court.

According to the news station, a vehicle ran a stop sign, hitting a second vehicle and causing extensive damage. A third vehicle was also involved. For now, the 41-year-old driver is charged with running a stop sign, careless driving, failing to stay in marked lanes and driving to fast for the conditions.

At this point, authorities don't know if the man was under the influence of drugs or alcohol, but they suspect alcohol was a factor.

While the effects of alcohol may be more obvious to law enforcement as well as to the lay person -- bloodshot eyes, swaying while standing, slurred speech and other signs -- the effects of drugs aren't as obvious.

A National Highway Traffic Safety Administration report recently looked at how many drivers are guilty of driving under the influence of drugs, rather than alcohol. The agency reports that the number of drivers with drugs in their system has increased, though not all drivers are tested.

Some drivers refuse to be tested, so the numbers are a bit skewed. Others involved in fatal accidents are not tested.

But according to the agency's research, 18 percent of drivers involved in fatal accidents were under the influence of drugs in 2009, up from 13 percent in 2005. While that may seem significant, only 63 percent of those drivers were tested and only 56 percent in 2005.

So, while the government believes cases have increased, law enforcement is inadequately trained to examine these drivers. According to the Institute of Police Technology and Management, a Florida-based training facility says that there are only about 5,000 officers worldwide certified as a drug recognition expert, which is less than 1/10 of 1 percent of all law enforcement officers.

We take this "training" with great skepticism. Like field sobriety tests, you are likely to be found guilty until proven innocent; it's an officer's job to collect evidence of your guilt.

For instance, marijuana can stay in a person's system for more than a month, so if a driver who has smoked marijuana gets into a car accident and is tested for drugs, that driver could face DUI charges even though they weren't under the influence of the drug. And with so few law enforcement officers trained to detect how drugs effect a person's ability to drive, you could see how a person could be wrongly stopped and arrested.

And that's where hiring an experienced Jacksonville Criminal Defense Attorney comes into play. A lawyer will aggressively defend the claims that the suspect was under the influence of drugs at the time of arrest and seek to get charges dropped by the state. Call today so we can protect your rights.

Continue reading " DUI Drug Charges in Jacksonville Deserve Aggressive Defense " »

Jacksonville DUI Defense Lawyers have recently reported on our blog about an accident in Nassau that has left a woman in the hospital with life-threatening injuries, as reported by News4Jax.com.

Florida Highway Patrol troopers suspect the driver of the vehicle that allegedly cause the accident could have been under the influence of drugs or alcohol. They are awaiting blood test results before determining whether or not to file DUI charges. DUI charges in Jacksonville are serious and require a vigorous defense in court.

DUI is the most commonly filed charge in the United States. In fact, it can happen to anyone and it does. Police officers, politicians and others can drink too much and get behind the wheel -- or at least be accused of doing so.

But sometimes, law enforcement officers make mistakes, just like everyone else. It's possible that officers misinterpret a driver's actions and level of intoxication and arrest people who don't deserve to be arrested.

And one of the tactics officers use is breath testing of DUI defendants. But while this is typically an integral part of a DUI investigation and prosecution, it doesn't come without controversy.

Breathalyzers, as the devices are commonly called, typically contain a little tube attached to a device. Officers ask a driver if they will submit to a breath test by blowing into the tube.

Refusal to blow into the tube will result in a driver's license suspension, but that, too, can be fought in a different type of court proceeding called a driver's license administrative hearing. A Jacksonville DUI Attorney should be consulted for that hearing as soon as possible because a person arrested for DUI only has 10 days to request a hearing. It is an entirely separate type of hearing and it's possible to retain a driver's license while their criminal case is pending.

But if a person does blow into the device, it will register a number that is supposed to tell the officer what the driver's blood-alcohol content level is. In Florida, the legal limit is .08. And while officers rely on these devices to prove a person's guilt, these devices only estimate, but can't measure, a person's blood-alcohol content level.

Outside factors such as the weather or even what a person ate for dinner can affect the output. That's because gases in a person's stomach can affect the breath that comes out of their mouth and registers with the devices. Plus, because there is no blood drawn, the device can't accurately report the level of alcohol in the blood.

It's also possible that faulty software can affect these machines and it has been reported that law enforcement across the country haven't properly calibrated these machines and they haven't performed regularly scheduled maintenance that can affect their accuracy.

In fact, CBS News in Tampa recently reported about a battle that many DUI attorneys are fighting with the makers of the Intoxilyzer 8000 to obtain the software code to the machines to determine if DUI defendants have been falsely convicted. It's a real problem that Jacksonville DUI Attorneys are prepared to fight head-on for our clients.

Continue reading " Breath Testing in Jacksonville DUI Cases Must Be Challenged For Accuracy " »

Jacksonville DUI Attorneys recently posted a blog about an accident in Nassau in which Florida Highway Patrol troopers suspect the driver was under the influence of drugs or alcohol, WJXT reports.

Law enforcement officers report that the driver blew through a stop sign, causing a three-vehicle collision that caused a woman to suffer injuries that have kept her in the hospital.

Troopers have cited the 41-year-old driver with running a stop sign, careless driving, failing too stay in lane and driving to fast for conditions. The news agency reports troopers are awaiting blood testing results to determine whether the evidence supports filing DUI-related charges.

All the facts of the case aren't clear, but any DUI case should be fought vigorously by an experienced Jacksonville DUI Defense Attorney. While most people are charged with a misdemeanor if they face DUI charges in Jacksonville, the penalties nonetheless in these cases are steep. An cases involving an accident frequently lead to felony charges.

A defendant faces:

-Fines of $500 to $1,000
-50 hours of community service
-Probation of up to 1 year
-Jail time of up to 6 months
-10 days vehicle impound
-DUI School completion

One of the ways law enforcement officers secure convictions in these cases is by making drivers suspected of DUI take field sobriety tests. According to the National Highway Traffic Safety Administration, there are only three recognized field sobriety tests officers should conduct:

Horizontal Gaze Nystagmus:

Horizontal Gaze Nystagmus is an involuntary jerking of the eye that happens as the eyes gaze to the side. When a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. A person affected by alcohol may also have a tough time following an object.

Walk and Turn:

Most people can recognize this test as when an officer makes a person listen and follow simple physical movements that a person under the influence of drugs or alcohol may have difficulty doing. In this test, a person must take nine steps, heel-to-toe, along a straight line and return in the opposite direction. Balance, walking in a straight line and ability to follow directions are what officers consider.

One Leg Stand:

In this test, people are required to stand with one foot about six inches off the ground and count aloud by thousands until told to put the foot down. The officer times the driver for 30 seconds.

An aggressive Jacksonville DUI Lawyer will challenge any field sobriety test results law enforcement officers attempt to bring into evidence. They can be challenged by showing that the officer wasn't properly trained to conduct the tests or other factors were involved in the results. In fact, motorists are not obligated to participate in the tests and may refuse to do so.

An attorney can also show that the weather conditions or an existing physical ailment made conducting the tests fairly impossible. Slick pavement on the side of a road covered with gravel, grass and pebbles can make performing these tests difficult.

And problems with a person's legs, knees and feet, circulatory system, respiratory system or other pre-existing conditions that affect a person's body can make performing these tests almost impossible. Our firm will fight to challenge all aspects of a DUI case, including the field sobriety testing that an officer performs on a DUI suspect.

Continue reading " Field Sobriety Testing in Jacksonville DUI Cases Can Be Beaten " »

A recent story by News4Jax.com reports on the case of a woman involved in a three-vehicle accident recently in Nassau County that may have involved drunk driving.

According to the news report, a 24-year-old woman with two children was critically injured when a vehicle allegedly ran a stop sign and crashed into the vehicle the woman was in. Florida Highway Patrol reports they believe the crash was alcohol-related.

Jacksonville DUI Defense Attorneys understand the emotion involved in these types of cases, but one must remember that when charges are filed by law enforcement and prosecutors, the defendant has a right that all Americans have to a fair trial and an aggressive defense. And in DUI in Jacksonville, that involves many aspects of a case.

According to the news report, the family of the victim recently set up a Facebook event asking drivers to turn their lights on from 6 a.m. to 9 p.m. one recent day. The event was backed by more than 2,700 people and included many comments.

While doctors told family members the woman shouldn't have survived, she remains at Shands-Jacksonville Medical Center receiving care in critical condition.

In this case, Florida Highway Patrol troopers have charged the driver of the other vehicle, a 41-year-old man, with running a stop sign, careless driving, failing to stay in a lane and driving too fast for the conditions. The news article reports troopers are waiting on blood testing results before filing additional charges.

But the article doesn't answer several questions, such as why the man was cited for charges like failing to stay in a lane and driving too fast for the conditions. Without a trooper as an eye witness, it would be difficult to determine how fast he was driving. And unless the weather was extremely bad, it would also be difficult to prove whether he was driving too fast for that street based on the weather. These are opinions. An independent accident investigation may be warranted.

DUI charges can be difficult because the charge itself carries with it a stigma. And legislators have gone out of their way to add strict penalties to this misdemeanor charge, far more than other misdemeanors.

According to the Florida Department of Highway Safety and Motor Vehicles, the penalties for DUI in Florida can vary, depending on many factors, such as the driver's blood-alcohol level and whether there were injuries or a death involved.
In general, the penalties for even a first-time DUI conviction are as follows:

-Fines of $500 to $1,000
-50 hours of community service
-Probation of up to 1 year
-Jail time of up to 6 months
-10 days vehicle impound
-DUI School completion

While the fines are low, probation, DUI school, vehicle impoundment and possible community service require payments, making it a very expensive crime. The state estimates a DUI conviction can cost a defendant as much as $20,000!

But an arrest is simply an arrest and doesn't provide any proof, despite the popular belief by many in public. That's why hiring an experienced Jacksonville DUI Lawyer is critical to the defense of this crime and any other crime alleged by the state.

Continue reading " Nassau County Accident May Have Involved Drugs, Alcohol, Law Enforcement Says " »

Jacksonville man was arrested recently and charged with bilking investors out of $100,000 in an elaborate investment scheme, the Florida Times-Union reports.

Fraud charges in Jacksonville can range from using a worthless check to pay for something to setting up a scheme to steal money from investors. The penalties vary from days in jail to years in prison and, therefore, hiring an experienced Jacksonville Criminal Defense Lawyer is critical in order to protect your rights and defend the case.

Police charged the man with organizing schemes to defraud after they allege he impressed investors with luxury vehicles and then got them to transfer money to him for bogus financial fund investments. According to authorities, he would provide investors with what police call fake financial documents and set up meetings at an attorney's office to discuss their investing in hedge funds.

Police say he isn't a real licensed broker and used his vehicles, including a 2007 Bentley, to try to impress investors. One alleged victim, police say, was conned into transferring $10,000 into the man's bank account while he was in jail. An alleged co-defendant has been arrested in connection with the case, the newspaper reports.

Allegations of fraud can be difficult to prove in Florida, in part, because of the Great Recession, which has caused havoc to people's savings accounts and finances. In years past, when investments would make money, investors tended not to gripe to the people running the operation.

But when the stock market started to crumble and people began losing money, they looked everywhere they could to re-coup the funds. And that included people charged with running investments. This has led to a lot of people facing criminal charges for fraud in Jacksonville when they were simply running an investment business that didn't fare well.

But proving the investment business was criminal can be difficult, as all white-collar crimes can be. White collar crimes are typically considered financially based crimes that focus on stealing money through highly complex scams. Blue collar crimes are also considered theft crimes, but usually burglary and theft.

While investments can never be guaranteed, people who lose tend to think they should definitely re-coup money and seek criminal prosecutions or civil lawsuits if they don't win.

This can be a dangerous situation for investment professionals and requires that an experienced Jacksonville Criminal Defense Lawyer be contacted as soon as possible. Reviewing the records will take time and being available when law enforcement officers come knocking is critical, too.

Continue reading " Man Charged with Investment Fraud Scheme in Jacksonville " »

The Florida Times-Union recently reported on a former Jacksonville postal worker who was sentenced to two years of probation after stealing retail store gift cards from people.

The postal worker, a former Persian Gulf Navy veteran who spent 20 years in the service, suffers from post-combat stress and picked up a drug habit in 2010, when the crime occurred, his attorney told his judge recently.

Probation in Jacksonville is a serious consequence, even though people tend to believe it is a much better deal than jail. While the defendant remains out of custody, the conditions of probation can be very difficult to handle for some. That's why consulting with a Jacksonville Criminal Defense Attorney can help clients decide whether probation, if it's a viable option, is best for the defendant. An attorney can also fight to keep problematic terms out of probation requirements, thereby reducing the risks of future legal problems.

In this case, the man was ordered to pay $180 in restitution, seek drug rehab and therapy with the Department of Veterans Affairs and serve two years on probation.

While that may seem like a slap on the wrist to some, it is a serious consequence. It's likely the man was charged with some form of theft, though the article doesn't specifically what charges he faced.

In Florida, if a person is convicted and sentenced to probation, it typically means their attorney found some mitigating factors -- or information that helps the defendant's case -- throughout the course of the case. It can also mean the state's case against the defendant is weak, but that the defense found it to be a better plan to serve time on probation rather than risk a conviction at trial and the resulting prison sentence.

But sometimes, prison or jail is a better option for some people than probation. While that may seem like backwards thinking to some, it may be true. Some individuals aren't able to keep up with the monthly demands of probation, which can include conditions such as time constraints on when and where they can travel, house arrest, monthly payments, drug testing and other conditions. One probation violation in Jacksonville and a person could be sitting in jail or prison for the maximum term allowable by the crime.

Of course, beating the charges and making sure the defendant doesn't face any penalties is the first goal of any criminal defense attorney, but sometimes that's not possible. And so sound advice and counsel become important to the defendant. We work with clients to help them determine the best course of action for them, based on their circumstances and what they are best able to accomplish. Consult with an attorney immediately in order to get the best advice for your case.

Continue reading " Former Jacksonville Postal Worker Sentenced to Probation for Theft " »

With the Internet being accessible to more and more Americans and people abroad, the number of reported computer-related crimes has skyrocketed in recent years.

And Jacksonville isn't immune. There is a University of North Florida program designed to teach students about computer security, fighting off hackers and other network-related material that is cutting-edge. While stealing money used to only occur if a person walked into a bank or business, criminals can now scour the web to find portals to taking money or clone credit cards for personal use.

But when law enforcement make arrests in these types of cases, they sometimes get it wrong. Committing web-based theft or fraud in Jacksonville requires a great deal of knowledge about computers and networks, the ins and outs of Internet security and the access to commit the crime.

Experienced criminals can sometimes use another person's computer to commit crimes, thus making it appear the owner of the computer was doing the illegal deed. A Jacksonville Computer Crimes Defense Attorney can sort through the evidence and separate the true facts from the allegations in these types of cases.

According to the Internet Crime Complaint Center, a government-based site devoted to tracking web-based crime, Florida had the second highest number of alleged Internet crime perpetrators and the second highest number of complaints nationwide in 2010. Floridians lodged 7.9 percent of the complaints tallied nationwide in 2010.

This shows that not only are more Internet crime operations based out of Florida, but the percentage of people being attacked in these types of crimes are victimized in Florida. And because Florida law enforcement and state attorneys are on high alert because of these numbers, they sometimes are overaggressive in their approach.

In Florida in 2010, according to the agency's annual report, there were 19,878 complaints statewide of internet crimes:

Identity theft: 20.9%
Non-delivery of merchandise or payment: 18.0%
Credit card fraud: 12.9%
Auction fraud: 8.8%
Miscellaneous consumer fraud: 7.4%
Computer fraud: 6.9%
SPAM: 3.5%
Advanced fee fraud: 3.4%
Overpayment fraud: 3.2%
Relationship fraud: 2.3%

The report also states that 7.8 percent of the crimes cost the victims more than $10,000. A majority of the crimes -- 38.5 percent, cost between $100 and $999, while 30.8 percent cost between $1,000 and $4,999. The top dollar amount involved relationship fraud and totaled $235,000, while the reported loss statewide was more than $37 million.

These crimes can be costly and when conducted across state lines can mean a prosecution in the federal court system, which makes the crimes more difficult to beat and sometimes means tougher penalties.

But an aggressive Jacksonville Criminal Defense Attorney can be used to debunk the prosecution theory by sifting through pages and pages of records, using hired experts to disprove the alleged facts and seek a resolution that most benefits the client. These cases often require an aggressive approach in order to save the defendant from years stuck in prison.

Continue reading " Jacksonville Computer Crimes Add to Florida's No. 2 Ranking Nationwide " »

The recent case of a 51-year-old registered sex offender who was awarded custody of a 4-year-old girl has made national and worldwide headlines and shows how damaging a sex crime conviction can be.

Many sex crimes in Jacksonville and throughout Florida require a person to register as a sex offender, a penalty that can last for a lifetime. And that's on top of possible prison time, probation, fines and fees and other sanctions. That's why hiring an experienced Jacksonville Criminal Defense Attorney is necessary -- in order to protect the rights of anyone accused of a sex crime in Florida.

In this case, a 51-year-old man was convicted of sexual battery on a child in 1997 after impregnating a 14-year-old. After serving time in prison, the two got married and he fathered two more children with her, according to News4Jax.com. After the woman had an affair that resulted in the birth of a girl, she died in a car accident.

The man sought custody of the girl, saying he and his wife promised each other they would take care of the children if anything happened to them. A judge in Macclenny recently awarded custody to the man, who is her legal father. His other daughters are 8, 10 and 13, the news station reports.

While family members have begged for custody, supporters say the man loves his children and has done nothing wrong.

But the spotlight has been on him because of his past. While most defendants serve their time in jail or prison and go on with life, people convicted of sex crimes spend their lives with the proverbial "scarlet letter" attached for life.

In Florida, many sex crime convictions require people register as a sex offender for life. According to the Florida Department of Law Enforcement, there are thousands of registered sex offenders. And those sex offenders are part of a larger, national registry available to anyone in the world.

In Florida's sex offender registry, citizens can search by neighborhood or by person and they are able to get a photo, identifying marks, such as tattoos and where the person lives. Notices are sent out to neighbors by law enforcement when they move into a neighborhood, even if it's been 30 years since they were convicted of a crime.

That's why fighting these crimes aggressively is so important. Young people charged with these crimes may be so scared they take the first plea offer from the state. But they don't realize the long-term implications. Even if there's less prison time involved, they could be stuck being on the registry forever.

And having to register as a sexual offender can come with a conviction for a number of different crimes. Take for instance a case last fall out of Miami. The Miami Herald reports that a federal prosecutor was arrested for lewd and lascivious behavior in front of a minor under 16 because he swam in a hotel pool in his boxers and when he got out, his genitalia was exposed.

This is an obvious case of an accident, but yet the prosecutor -- a man whose job it is to seek convictions of criminal defendants -- faces a charge himself. And under the circumstances, he could be subjected to conviction and registry in the sex offender database as a result of taking a swim in his boxer shorts.

There are other, more serious examples of people who are convicted of rape, sexual battery and crimes against children, who appear in the registry. But there are also seemingly innocent defendants who appear in the registry as well. There have been examples of people who are 18 and have consensual sex with a minor who was their girlfriend or boyfriend only to go through a break-up and face criminal charges.

Working toward a resolution may be an option, but so may be beating the charges altogether, depending on the evidence. Anything can and will be challenged by an aggressive Jacksonville Criminal Defense Lawyer. Call today for an appointment.

Continue reading " Jacksonville Sex Offender Custody Case Highlights Importance of Criminal Defense " »

The recent case of a Jacksonville woman being killed and detectives arresting her husband and charging him with her death, highlights the issue of domestic violence in Jacksonville and the surrounding area.

According to The Florida Times-Union, a woman was shot to death inside her house around 4:30 a.m. Later that day, investigators charged her husband with the crime.

If you feel threatened by another person, whether it's a partner, neighbor, co-worker or a complete stranger, seeking a domestic violence injunction or restraining order in Jacksonville could be a smart move.

Conversely, those who are subjected to such an order require an aggressive defense. A restraining order can prevent you from returning home or seeing your children. In many situations, it's truly a case of guilty until proven innocent.

According to the Florida Department of Law Enforcement, there were more than 113,000 incidents of domestic violence in 2010. Of those, about 89,000 were simple assault cases and more than 18,000 rose to the level of aggravated assault. More than 2,000 of the incidents involved forced sex and more than 200 involved a person being killed.

An injunction or restraining order will keep police and the defendant on alert that the person can't be around or else face criminal charges. In severe cases, police can be on high alert to go on patrols to make sure the victim is left alone.

But going through the process alone can be difficult. Hiring an experienced Jacksonville restraining order attorney who will help you navigate the criminal justice system will make things much easier. We can also defend clients who are facing domestic violence charges and wrongly subjected to such orders -- which can disrupt your life and leave you with nowhere to turn.

In Florida, a temporary restraining order can be granted immediately after applying, but it only lasts until a hearing can be scheduled. After the order has been granted, the person who is labeled as the defendant will get notice and will be able to attend the hearing. If you go to a hearing without an attorney, you could be at a huge disadvantage.

Violating an injunction or order can mean serious criminal consequences for the person who violates. Many orders are "no-contact" orders, meaning the person can't come within a certain amount of feet of the victim and aren't allowed to call, email or text or communicate in any way.

The orders and injunctions must be filed with the police department where the victim lives and with the county sheriff's office where they live or spend much of their time.

Continue reading " Restraining Orders Can Be Issue in Jacksonville Domestic Violence Cases " »

The recent case of a shooting of a wife, allegedly at the hands of her husband, points out the need for a Jacksonville Domestic Violence Attorney in any case where law enforcement has brought charges.

Domestic violence charges in Jacksonville can involve allegations of battery or assault and many times police make arrests with very little evidence. For every tragic case that makes the news, there are husbands fighting false allegations amide divorce or child custody proceedings or the end of a difficult relationship. For that reason, many people can be charged with this crime simply if there is an argument in the household and a neighbor calls 911. And a conviction can mean being banned from owning firearms and may result in job loss and strained relationships with friends and family.

In this case, a woman was gunned down at her Jacksonville house recently after police were called around 4:30 a.m. Later that day, investigators charged her husband with her murder. Police have provided little additional information to the media.

It's unclear what happened and whether investigators have enough evidence to prove the husband committed the crime. But, sadly, arguments at home can sometimes escalate into violent outbursts.

In 2010, there were more than 113,000 domestic violence reports statewide, according to the Florida Department of Law Enforcement. Of those, about 89,000 included allegations of simple assault, while about 19,000 were aggravated assault.

While there are many non-profit agencies dedicated to helping victims of this type of crime, it is also one of the most abused laws on the books.

In many cases, perhaps the majority, alcohol affects the judgement of the people involved and present law enforcement officers with a tough choice of who to believe, if anyone. Police typically side with the person claiming to be a victim with little or no evidence to support charges. In cases where both partners have injuries after a fight, the husband or boyfriend is usually the one who gets carted off to jail.

These charges can carry penalties that mandate jail time, require fines and fees be paid, put a person on probation; defendants are also often subjected to having their jail mug shot published in the newspaper, on television or online.

But, like any criminal charge levied by law enforcement and state prosecutors, it can be successfully defended in court. Pointing out credibility issues with the alleged victim and proving that both were responsible for causing injuries are some defenses.

Sometimes, too, it's possible to show through mitigating factors like a lack of criminal history record, an upstanding reputation in the community and other reasons that the defendant deserves the benefit of the doubt and a lesser sentence.

Continue reading " Jacksonville Domestic Violence Case Turns Deadly " »

The Florida Times-Union recently reported about three men who were arrested in separate cases involving sex crimes.

Sex crimes in Jacksonville and throughout Florida can range from indecent exposure-type cases to rape cases. And the penalties can range from probation or jail time to decades or life in prison. That's why immediately following arrest, a person should consult with an experienced and knowledgeable Jacksonville Criminal Defense Attorney in order to protect the rights of the accused.

In the three separate incidents, three men, ranging in age of 33 to 43, face sex-related charges after Jacksonville Police made the arrests.

-A 43-year-old man of Clark Street in Baldwin, faces two counts of sexual battery on a victim mentally impaired.

-A 33-year-old West Beaver Street resident is charged with four counts of sexual battery with a victim under 12.

-A 35-year-old Cartier Circle man is charged with two counts of sexual battery with a victim under 12.

In one case, the article states the assault happened in May. Because much of the information was stricken from the police report, the newspaper has few details, except that the alleged victim was in fear of the man when interviewed by investigators, though the defendant told detectives the sex was consensual.

Florida Statute 794.011 defines the charge of sexual battery and lays out the possible penalties for someone who is convicted. Under the law, sexual battery means the forced union with the sexual organ of another against the person's will.

Under the law, a person 18 and older who commits a sexual battery upon someone under 12 commits a capital felony, punishable by life in prison. Someone under 18 who does the same can be punished with life in prison. If the victim is "mentally defective," the crime is a first-degree felony, which is punishable by 30 years in prison to life in prison.

This is a very serious charge, perhaps the most serious after murder, and therefore requires aggressive defense representation. There have been countless cases where a person charged with a sex crime is convicted and later exonerated due to DNA evidence, a changed story by a witness years down the road or other, previously undiscovered evidence.

Alleged victims, especially children, have been known to make up stories about a sexual battery because of their immaturity or because they seek attention. While that's not always the case, that must always been explored in these types of cases. One of the most important things for a defendant is not to speak with police until speaking with an attorney. Any statement will be used against the defendant in court. It is best to consult with an attorney in jail and determine whether or not to make a statement.

Continue reading " Three Arrested in Separate Sex Crimes in Jacksonville " »