Jacksonville Criminal Attorney Blog

The Florida Times-Union reports that a man is wanted for stealing more than $3,000 in video games from a Fleming Island Wal-Mart.

Theft crimes in Jacksonville may seem like minor charges, but they can involve serious prison sentences, especially if police investigators are able to establish the defendant participated in several cases.

Jacksonville criminal defense attorneys have seen how prosecutors stack charges against defendants, seemingly forcing them into a plea deal. If they charge a person with 30 counts of grand theft for instance, the fact that anyone could face that many counts of grand theft may sway jurors to think the person is guilty, even before any proof is presented.

Prosecutors know that, so sometimes this makes defendants take the first plea offer that comes around. But an aggressive defense attorney can work to get charges dismissed and create doubt about whether the state has enough evidence to go forward on other charges.

In this case, the newspaper reports, a man walked into the store and for an hour piled up Madden NFL 2012 video games from a display and walked out of the store with $3,200 worth of merchandise. By the time video surveillance, which allegedly caught the acts, was reviewed, the man was gone. At a sticker price of $60 each, the man allegedly got away with more than 50 games.

Clay County officials are still attempting to find the man who allegedly was caught on video pushing a shopping cart to the display and grabbing a number of games. He then is seen going to the hardware department and begins opening the game cases with a screwdriver.

The discs are stuffed in his pants while the cases are stuffed behind other merchandise. The newspaper reports 54 games were taken from the display. Officials say he got away in a white four-door vehicle.

While it appears investigators are leaning heavily on the video surveillance, it will be interesting to see how clear the video is compared to images of the suspect, if one is arrested. Sometimes, police tell the media that video surveillance has identified a person, but in reality, the video is so fuzzy it can't possibly be used to identify a person.

Typically, in cases where a person is arrested for a large-scale theft crime in Jacksonville, it is only after he or she has sold the stolen goods that they are caught. This sometimes requires using the word of less-than-credible pawn shop workers or others who may not be trusted.

Shaky evidence and even shakier witnesses must be challenged by an aggressive attorney, regardless of the charges faced by the defendant. A person's liberty mustn't be stripped away because of weak evidence presented by the prosecution. They have the burden, not the defendant, to prove the charges beyond all reasonable doubt. It is not the defendant's responsibility to disprove the charges or prove him or herself innocent.

Continue reading " Wal-Mart Video Game Thief On the Loose in Fleming Island " »

It seems there has been an uptick in child pornography arrests in Jacksonville, as authorities have made several arrests in the last few months.

As the Jacksonville Criminal Attorney Blog reported in August, an Arizona man was arrested by a fugitive task force in Jacksonville after allegedly fleeing the area when he found out he was being investigated for child pornography charges.

Earlier this month, a 25-year-old man pleaded guilty to receiving child pornography over the Internet and now faces up to 20 years in prison. First Coast News now reports that a 34-year-old man has pleaded guilty to charges of possessing child pornography on his cell phone.

Charges of child pornography in Jacksonville require an aggressive defense because of the possible penalties. An experienced Jacksonville criminal defense attorney must be able to look at the case from the beginning in order to assess the prosecution's evidence as it comes in.

Obviously, child pornography cases come with a difficult stigma to defeat because of the implications. Along with lengthy prison sentences, a defendant's reputation and freedom are all at stake in these situations.

In this case, the 34-year-old man is in a more difficult position than the average defendant because he was on probation for a previous federal sex offense, the news station reports. That likely factored into his decision to enter a plea.

According to court documents in his case, two U.S. probation officers visited his home to perform a routine home inspection in March, about six months after he was placed on probation.

When the officers entered his bedroom, they noticed a video game controller on the floor, which doesn't seem to be a big deal. But they then saw a cell phone in a dresser drawer. The man admitted that he had used his phone to access the Internet about six times, which was a violation of his supervised release. On the phone, agents found more than 5,100 images of child pornography.

Had the phone not been visible, it's likely the man wouldn't have been arrested. What is curious is why officers noted the video game controller and how that raised their suspicions enough to include it in a report. It's also unclear what rules probation officers have when they inspect a person's home, such as where they can go and what they are supposed to be looking for.

Child pornography charges can be levied by either state or federal prosecutors, depending on the suspect and the facts of the case. Federal charges typically carry more extensive penalties, so that's where they end up most of the time.

And sometimes a plea is the most beneficial situation for the defendant. If there are few strong defenses, an experienced attorney can use his skills to obtain a low-prison or probation plea deal rather than risking a maximum penalty after going to trial and being found guilty.

Continue reading " Jacksonville Man Faces Up To 20 Years After Child Porn Plea " »

A 22-year-old man was arrested after he was Tasered by police because he allegedly pulled a weapon on an officer, The Florida Times-Union reports.

Cases against police are especially difficult to defend, which is even more of a reason to hire an experienced and aggressive Jacksonville criminal defense attorney.

When officers are considered the victims in cases, jurors sometimes have a difficult time giving the defendant a fair trial. That's why jury selection to some is considered the most important part of a trial. Weeding out jurors who will be biased against the defendant and those who can't be open-minded is perhaps as important as presenting the facts in a Jacksonville aggravated assault or murder case.

Jury selection happens in the first days of a trial, as attorneys are able to extensively question prospective jurors in a group and sometimes individually. This is a critical stage because there are jurors who attempt to be selected as a juror so they can automatically find the defendant guilty.

Some people are so pro-police they won't stop to consider the facts that are presented. And the judge will tell prospective jurors that they must take an oath to judge the case solely on the facts. Sometimes that doesn't stop these people from dropping their preconceived notions.

That's why an experienced lawyer must be trusted to ask the type of questions that will lead those people to being excused in favor of citizens who can objectively look at the facts and come to a correction decision on the guilt or innocence of a defendant.

In this man's case, he now faces charges of possession of a firearm by a convicted felon, aggravated assault and carrying a concealed gun and knife.

The situation escalated recently when a staff member of the United Congregation Community Youth Center heard noise outside and found the man making loud noises on a slide. When the staffer told the man to leave, he refused.

When police arrived, the newspaper reports, the officer asked him to come over, but he refused and began cursing and acting angrily. When the officer pulled out a Taser, the man allegedly pulled out a gun, was shot with the Taser and then dropped his gun.

While being handcuffed, the officer allegedly found the loaded gun and a 12-inch steak knife hidden in his pants.

What must be considered in this case is whether the officer followed protocol by using a Taser on the man or if a different approach may have calmed the situation. It also must be discovered whether the man was committing a crime by sitting at the park, if it is a public place, and whether police response was required in that situation. Whether eyewitnesses were around must also be considered.

Continue reading " Man Tasered by Jacksonville Police After Pulling Weapon " »

A teenager faces charges of aggravated child abuse after an infant was taken to the hospital with severe injuries, First Coast News reports.

Teenagers who face criminal charges must get representation from an experienced Jacksonville juvenile defense lawyer because when people are arrested for a juvenile crime in Jacksonville, a lot in their world changes.

For instance, they are subjected to incarceration -- perhaps up to 21 days -- and now are thrown into a world that may be foreign to them. That is, being handcuffed, clothed in a jumpsuit and brought before a judge, who has the task, along with juvenile justice officials, of determining how best to deal with them.

If they are charged as a minor, they can face sanctions such as community service, a work camp situation, house arrest or others that are aimed at teen rehabilitation in an effort to stop them from committing a crime in the future.

But if they are charged as an adult -- which depends on their age, the severity of the crime and past criminal history -- it's a whole other story. These teenagers face the same difficult penalties that adult defendants face, which means they could be subjected to prison time.

According to this story, the teenager was arrested while he was at home with an infant he said fell from a bad when the teen was playing a game. When officials arrived, they performed CPR and took the infant to the hospital.

Police said that the distance between the bed and the floor -- 20 inches -- didn't match up with the injuries the baby sustained. He now faces a charge of aggravated child abuse. According to Florida Statutes 827.03, aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison. To commit the crime, a person must commit aggravated battery on a child, tortures or punishes a child, or abuses a child to cause great bodily harm, disability or disfigurement.

This is a serious charge that, obviously, is punishable by many years in prison. Even for a 16-year-old, it may be difficult for an attorney to convince prosecutors to pursue charges as a juvenile instead of as an adult. The facts of a case are a big factor in which system the teenager ends up in -- juvenile or adult.

But an experienced Jacksonville criminal defense lawyer can use years of expertise in defending these types of cases to help a teen fight against allegations that could ruin their future. They have many rights and these must be upheld at every critical stage of the proceeding. Regardless of the age of the defendant, the prosecution still must prove the allegations beyond all reasonable doubt.

Continue reading " 16-Year-Old Faces Juvenile Charges In Infant Beating " »

A recent case out of New Mexico shows the importance of a Jacksonville criminal defense attorney filing a well-worded motion to suppress in a felony case.

In United States v. Burleson, a New Mexico man was walking down the middle of the street with a dog and his friends when police pulled them over. After the officer was satisfied they hadn't committed a crime, they asked for identification and ran a warrants check, which led to an arrest. A motion to suppress was filed and initially granted, but then was reversed on appeal.

A motion to suppress is a filing made by the defense in cases where evidence or statements were obtained by police in an unlawful manner or in situations where police officers overstepped their bounds in trying to pin evidence against a defendant. These are common in Jacksonville murder cases, for instance.

This area of criminal defense can be a helpful tool for a suspect because it allows him or her to present evidence if law enforcement officers acted outside the boundaries of their duties in trying to get evidence in an investigation.

And this type of motion isn't just limited to evidence -- it can apply to statements, too. Witnesses or even what the defendant told police can be held out of trial if officers made mistakes along the way.

Some ways that a motion to suppress can be successful are if the officer who wrote an affidavit to get a search warrant misled the judge who signed it by omitting key facts, embellishing information or otherwise writing it inaccurately, for example. These motions may also apply in situations where officers don't have probable cause to make an arrest and yet gather information that must be set aside. For statements, motions to suppress are commonly successful when officers fail to present suspects with a proper Miranda Warning, which includes information about the person's rights that they don't have to speak to officers and can get an attorney first.

This case goes back to 2008 when Burleson and some friends were walking down a Roswell, New Mexico, street holding a dog that was unleashed. An officer pulled them over because they were walking in the middle of the street, but also because there had been a rash of pet thefts and other property crimes, including a shooting, in recent months.

After talking with the people, the officer testified, he was satisfied they hadn't stolen the dog and he didn't intend to write them a traffic citation for walking in the street. But what happened next is at the heart of the case.

The officer then asked for their names and identification information so he could check them for warrants. After running Burleson's name, dispatchers found that he had a warrant for his arrest. The defendant told the officer he had two guns and ammunition on him, which the officer found. The man then faced a charge of possession of a firearm by a convicted felon.

In filing a motion to suppress, the man's attorney argued that after the officer talked with the three people, he was satisfied the dog wasn't stolen and no other crimes had been committed. So, why would he check them for warrants? They should have been released.

The judge agreed, and granted the motion to suppress, which meant the evidence of guns and ammunition would have been eliminated. Therefore, the charge would have to be dropped.

But prosecutors appealed and the Tenth Circuit Court of Appeals overturned the ruling, saying that based on there being a shooting and other crimes in the area recently, for officer-safety concerns, the policeman was within his rights to check for warrants. It's unclear whether that decision will be appealed by the defendant.

It certainly seems that after talking with the people, the officer should have let them go, but asking for their names to run a warrants check seems like an overstep of power. If they weren't suspects of a crime at that point, the interaction should have stopped. Instead, it continued.

A well-worded and argued motion to suppress can make a big difference in a criminal case. But each case is different and should be treated as such. An experienced Jacksonville criminal defense lawyer must be called in to review the facts and see if such a motion applies.

Continue reading " Jacksonville Motion to Suppress Highlighted in United States v. Burleson " »

A recent ruling out of the Seventh Circuit Court of Appeals in Chicago underscores why it is important that a defendant's Jacksonville criminal defense lawyer not only be a strong trial attorney, but also have the knowledge and skills to recognize possible appeals issues.

In U.S. v. Combs, a Chicago drug dealer pleaded guilty to a charge of possession of a firearm by a felon. He was sentenced in federal court to the top of the guideline range of imprisonment -- 33 months.

On appeal, the man claimed that the judge made an error by not addressing a motion to suppress evidence of a gun in the case that the judge found was untimely. Yet by pleading guilty, the man waived his right to bring up the issue.

Jacksonville drug crimes can either be charged in state court or in federal court, depending on the circumstances. The two systems are similar, but different in that they calculate the possible penalties differently.

In state court, a defendant can be punished based on the maximum possible sentence for that charge. For third-degree felonies, the max sentence is five years; 15 for second-degree felonies and 30 to life for first-degree felonies. Judges have discretion whether to sentence someone consecutively -- meaning the prison sentences are piled one after the other -- or concurrently, meaning all the charges are served together.

In the federal system, there are maximum penalties based on the charge, but pre-trial officers calculate the possible prison sentence based not only on the crime, but damage done, including injury, financial damage done and the defendant's criminal history.

That's why you'll often see "career criminals" go through the state system several times and then federal prosecutors seek to charge them in federal court because they are penalized more severely after picking up several convictions.

In this case, the defendant was suspected of buying cocaine, heroin and marijuana in Chicago and selling it in nearby smaller cities. An informant told officers the defendant bought and sold large amounts of the drugs and investigators followed his movements, catching him making what appeared to be a drug deal on videotape.

After a search warrant, officers found large amounts of drugs and a gun and ammunition in a house he frequented.

Just before trial, the man's attorney sought a continuance because he said he had problems viewing the DVD and the defendant hadn't watched it. Once he did, he requested a motion to suppress, saying the DVD and search warrant didn't match. But while he got the continuance, the attorney waited more than two months to file the motion, even after the judge warned him that the deadline to file a motion to suppress had already gone by.

The judge denied the motion, based on the fact that the deadline for motions to suppress had passed and the attorney never requested an extension of time. The attorney admitted to botching the situation and used personal and professional excuses for not filing the correct paperwork. Yet, the judge denied the motion based on the deadline situation.

The defendant then entered a guilty plea, without reserving the right to appeal the motion to suppress denial. On appeal, he challenged the judge's decision, yet an appeals court agreed with the judge and wouldn't overlook the defendant's unconditional plea and dismissed the appeal.

While many trial attorneys focus solely on that area of law, they must have enough knowledge in appellate law not to do such a thing to a defendant. Missing deadlines and then not preserving issues for appeal is tantamount to leaving a person in a raft with no paddle on a raging river.

So, while an appeal issue comes up only upon conviction, it really is critical that the lawyer for the defendant be knowledgeable in appeals issues in order to make sure the defendant has options, if needed, in the future.

Continue reading " United States v. Combs Shows Importance of Jacksonville Trial Attorney With Knowledge of Appeals " »

Two Jacksonville teens have been charged with animal cruelty after police allegedly found a cell phone video of cats being shot during a drug arrest, CBS News reports.

Given the potential for this turning into a high-profile media case, these two juveniles from Jacksonville may be in for a difficult road ahead in terms of getting a fair trial. As this case progresses, news media will continually report the initial facts as quoted by law enforcement until new facts come out.

And, in this case, the background information will be this initial information provided by police, which makes the defendants appear guilty. In cases where teens are arrested for crimes, especially felony charges, they must get the best possible representation from an experienced Jacksonville Criminal Defense Attorney.

According to CBS News, Officers say they smelled marijuana coming from an apartment and when officers knocked, the 18-year-old answered the door, making the smell even more apparent, they said.

Officers got a search warrant and confiscated about $9,000 in cash, two guns, 20 grams of marijuana and drug paraphernalia. The 18-year-old was charged with possession of marijuana with intent to sell and possession of drug paraphernalia.

Police then found the cell phone, though it's unclear why they believed they had probable cause to search the phone. It's doubtful that the 18-year-old's cell phone had a connection to possessing marijuana. And even if it did, it may be even more of a stretch that the cell phone-shot videos would produce any evidence of drug possession.

After officers found the cell phone videos, they found some that included movies of cats being shot. The 18-year-old told officers that his 17-year-old co-defendant's parents own a restaurant that had a "cat problem," so they trapped the cats and shot them. The 17-year-old has denied making such a statement.

The news station reports that the stories about the incident have cost the 17-year-old's family restaurant business after receiving threatening calls about the cats.

In Florida, animal cruelty under Florida Statutes 828.12 can be charged either as a misdemeanor or a felony. For either charge, a person can kill an animal. But the felony charge requires the state to prove the person intentionally caused the animal's death. The difference is important, however. The felony is punishable by a five-year prison sentence, while the misdemeanor is one year.

But for juvenile defendants, these charges can carry other non court-related sanctions. For a teenager charged with a high-profile felony crime, it can strip them of the opportunity to go to college or earn scholarships to get a degree. A conviction can lead to disqualification of jobs and other opportunities that a teen must have in order to succeed.

This is part of the reason why fighting a juvenile crime aggressively is critical for any teen. Getting a felony conviction as an adult on their record can be particularly devastating. Successfully petitioning to move the case into juvenile court can reduce the possible penalties as well as keep the charge on the person's juvenile record as opposed to the publicly open adult criminal record.

Continue reading " Two Jacksonville Teens Charged With Cat Torture " »

First Coast News is reporting that a pedestrian killed recently in a vehicle accident was only three miles from his home when he was struck by a car.

The news station is reporting that the 32-year-old was walking on Blanding Boulevard around 2 a.m. one weekend early morning when he was struck by a vehicle heading south. The news report doesn't suggest alcohol was a factor, though the Jacksonville Sheriff's Office says its investigation into the incident is ongoing.

DUI accidents in Jacksonville and throughout Florida carry steep penalties and can result not only in prison time, but also fines and fees, an ignition interlock device being installed, probation costs and other conditions. Because the penalties are so severe, an experienced Jacksonville DUI Defense Attorney must be consulted in order to ensure the rights of the accused are protected from the earliest stages of such cases.

Even if alcohol isn't a factor, negligence can result in a charge of vehicular homicide. Vehicular homicide, according to Florida Statutes 782.071, results in the killing of someone while operating a motor vehicle in a reckless manner.

Reckless is a vague word, but typically means driving in a way that could kill someone if not controlled. Certainly, driving off the road and hitting a pedestrian or bicyclist could qualify for this charge. If convicted, the charge could result in up to 15 years in prison.

But in pedestrian-related accidents, many times it's not the driver's fault, regardless of whether they have been drinking or not. Certainly, if the state can prove the driver was under the influence of alcohol beyond the .08 legal blood alcohol level, that person can be charged with DUI. But even if they are under the influence and are in an accident that causes injury or death, it doesn't mean they're guilty of causing the crash.

At 2 a.m., a pedestrian in dark clothing can be almost impossible to see, as can a cyclist or a child who darts out into the road. Even with crisp reaction times, this can lead to an accident. Other vehicles, even those driven by sober drivers, cause accidents. So, the state must prove the accident was either the result of driving under the influence or reckless driving or negligence.

The simple fact that a person died and there was an accident isn't enough to prove beyond a reasonable doubt that a person is guilty of DUI manslaughter or vehicular homicide in Jacksonville.

Either charge can carry a 15-year prison sentence, on top of the aforementioned possible penalties. The public stigma the charges carry can ruin careers and breakup families, even before a person goes to trial or faces any type of resolution to the case.

Continue reading " Jacksonville Pedestrian Accident Could Lead to Charges; Unclear if Alcohol Was a Factor " »

Jacksonville police have arrested a man they allege was involved in a mass shooting in August in which 11 people were wounded and a woman's unborn child was killed, The Florida Times-Union reports.

The public wants someone who is accused of shooting a person arrested and locked up because they certainly could be dangerous to others. And police want the same thing. They get pressured from news reports as well as higher-ups and victims' family members to quickly collar someone for the crime.

But rushed judgment is never good, despite the desire to make an arrest for murder in Jacksonville. It's sometimes easy to spot these cases because once they make their way into the criminal justice system, prosecutors sometimes have problems with too few witnesses and those witnesses who rush to judgement without being completely sure of what they saw.

A defendant who remains quiet, hires an experienced attorney, and sets to work building a defense can often be in much better shape than many would have thought at the outset.

In this case, the 22-year-old faces a charge of possession of a firearm by a felon. Authorities say they tracked him for a week before making the arrest.

According to a police report, witnesses allegedly saw him pulling out a gun, pointing it at them and opening fire during a party Aug. 28 in the Brooklyn area of Jacksonville. It's unclear if anyone was hit or whether the source of the information is reliable.

The man denied being armed at the party. Police say they found a weapon inside the home when he was arrested, though it's unclear who else lives inside the house with the 22-year-old.

The newspaper reports that more than 150 people attended the party, which was meant to celebrate several people's birthdays. Police have said publicly that many people witnessed the shootings, yet haven't come forward to talk with police. They have offered no motivation for the 22-year-old being involved with the shooting.

According to the newspaper, the man was released from prison in May after serving time for grand theft auto and leaving the scene of an accident causing injuries. He has past convictions for marijuana possession and giving a false name to police, but no violent crimes.

With 150 people in a close space, a shooting can really disrupt the party! And it most likely resulted in people scattering, running in different directions and just generally trying to get away. No one stands still and watches the shooting as it happens. Therefore, cases of shootings in big crowds are tough cases for the prosecution to make.

There are likely many contradictions that the police have heard from witnesses. They may have heard a name from one or two witnesses of a man who happens to be a convicted felon and they zeroed in on him as a prime suspect. The true facts of what happened will hopefully come out as this man nears trial.

Continue reading " Jacksonville Man Charged in Mass Shooting " »

It's the type of thing that has journalists licking their lips -- a jailhouse letter received from a high-profile defendant.

Yet, it's the type of thing that makes a Jacksonville criminal defense attorney cringe. Defendants certainly have a right to do what they want, but they must also be smart about their situation and consider the years of experience their attorney has in giving them sound legal advice.

The court of public opinion can be a strong force, especially in heavily covered cases of murder in Jacksonville. Defendants often want to explain their side of the story. They see what is in newspapers and what is broadcast on television and don't want friends and family to think badly of them.

But what they must consider is that what a jury thinks of them and their case is much more important. If they say something to a jail inmate while awaiting trial or to a friend or neighbor while out on bond, it can be used against them. And certainly writing a letter to the local newspaper can be potentially devastating.

This happened recently in the case of a Jacksonville mother whose 2-year-old was beaten to death, allegedly by his half-brother while she was at home. Police have charged the 12-year-old with first-degree murder, the youngest such defendant in Jacksonville history, and the mother with aggravated manslaughter of a child. Prosecutors believe her negligence led to the boy's death.

Both she and her 12-year-old son are now in custody awaiting trial. The Florida Times-Union recently reported that the 25-year-old sent a letter to the newspaper. The letter is in response to stories the newspaper has written about the situation, in which police allege the woman put ice on the 2-year-old's head and researched concussions while the boy was dying. She allegedly waited two hours to get him professional care.

In the letter, the woman said the Florida Department of Children & Families knew that the 12-year-old had been abused by his father, who killed himself in front of the family months earlier in Miami. Yet, they were put on a waiting list for therapy that never came. Her 4- and 6-year-old children have been put up for adoption.

It appears the letter doesn't contain significant facts about the case, but rather the situation she finds herself in, sitting in a jail awaiting trial while her firstborn son does the same and she has no access to her other children.

But this can be a very dangerous situation for a defendant. Most in the public don't recognize that anything said or written can be used as evidence by the state. They can tape jailhouse phone calls and play them to a jury or use another inmate's testimony against the defendant. Prosecutors will go to extraordinary lengths to secure a conviction, especially in a case they know the entire city is following.

A defendant should follow the advice of their lawyer. Certainly there are times when going to the media can be to a client's advantage.. But without your lawyer, don't discuss your case in jail or even while awaiting trial if you are free on bail. It can come back to be used against you at trial.

Continue reading " Mother of Slain Son and Accused Murderer Contacts Jacksonville Newspaper " »

Perhaps the most commonly cited defense to a murder charge in police drama shows on television is self-defense. Many in the public consider it the perfect defense, yet it rarely is used in actual cases despite its seemingly perfect fit for a defendant in a murder case.

It seems simple -- you feared for your life and used force in order to not be injured yourself. But it is so infrequently used because the opportunity doesn't often present itself. But in Florida, under the Castle Doctrine and the Stand Your Ground laws, self-defense is applicable.

Unfortunately, though, law enforcement and prosecutors sometimes disregard the law and still slam people with serious charges such as murder in Jacksonville, requiring them to take the case to trial to allow the truth to be revealed.

An experienced Jacksonville Criminal Defense Attorney revels in the opportunity to get a client out of the charges and out of custody by using a self-defense theory at trial.

In Jacksonville recently, a homeowner heard glass breaking and took his shotgun and a flashlight to investigate. When he saw a person trying to break into his house, he fired, injuring a 16-year-old and 19-year-old, who were found with gunshot wounds at a nearby house, The Florida Times-Union reports.

While police haven't filed charges against the homeowner, in some cases, prosecutors would take a hard look at the homeowner in possibly filing charges, whether the burglary suspect died or not. Charges in that case could range from aggravated battery to attempted murder if the wrong prosecutor gets the file.

But under the two sets of laws, homeowners are allowed to protect their "castle" by using deadly force, if necessary. Under Stand Your Ground, a person can use force if he or she feels they were at risk for harm by someone else.

According to a recent article in the Sun Sentinel in Fort Lauderdale, many defendants are using Stand Your Ground, enacted in 2005, in an effort to get out of murder charges. The Florida Supreme Court has ruled that judges must evaluate a defendant's claim for protection under the law before trial and, if denied, defendants are still able to use the defense before a jury at trial.

Stand Your Ground gives added protection because, unlike the Castle Doctrine, it allows people to defend themselves in a car, on a boat or even walking down the street.

This is great news for someone who is attacked or whose home is broken into and fears for their safety. For those who face serious charges as a result of defending themselves, this may be a viable defense at trial. Jacksonville murder charges are serious and must be defended, using any legal means necessary.

Continue reading " Homeowner Defends Himself By Shooting Jacksonville Burglars in Self-Defense Case " »

First Coast News reports that a 25-year-old Jacksonville man has pleaded guilty to charges of receiving child pornography via the Internet.

The advent of the Internet has made life more convenient and opened up a whole new world for many people to do research, take online courses, stay in contact with friends far away and even transfer money to pay bills.

Yet, it has also opened up a dark world of child pornography, cyber crime and other ills that have affected society in a bad way. With file-sharing websites that are used to gain access to find a person may not normally be gaining in popularity, child pornography charges in Jacksonville have become more and more common.

But what law enforcement and prosecutors must consider is that web security is a big issue these days, with people's information being stolen left and right online. So, if hackers are able to get into someone's computer, they can place on the hard drive virus programs that can give them remote access without the owner knowing. They then are able to use these file-sharing sites to store data -- and child pornography -- on the computer of another person, leading authorities to believe the computer owner downloaded the material.

That is just one scenario, but one that must be explored when an experienced Jacksonville Child Pornography Defense Lawyer is hired to take on the case.

In this case, the man was tracked online by an Arizona FBI agent who signed into a file-sharing program and followed a user with the screen name "Slidenskate" with whom he shared files that included child pornography. After downloading directories belonging to the user, the agent found 168 images and 16 videos, many of which depicted child pornography, the television news station reported.

After obtaining a search warrant for his house, agents found that the user name's host computer was in Jacksonville inside the 25-year-old's house. On his computer, agents found 500 images and 100 videos of child pornography.

The man allegedly told authorities he downloaded the images, and said he figured he would "be in jail for a few years," yet after pleading guilty to receiving child pornography, he now faces 5 to 20 years in prison and life on supervised release.

This isn't the first time that Arizona and Jacksonville have been connected through child pornography. In August, the Jacksonville Criminal Attorney Blog reported that a man from Arizona was arrested in Jacksonville on sexual exploitation of minor charges.

While these charges can be prosecuted in state court, more commonly federal prosecutors pick up the defendants because the penalties are more severe in the federal system. That's why having an experienced lawyer on the defendant's side is so important, especially as our world involves computers in increasing regularity.

Continue reading " Jacksonville Child Porn Case Leads to Possible 20-Year Sentence " »

Homerville police stopped a Jacksonville woman recently after she was driving erratically and they say she admitted to killing her husband, The Florida Times-Union reports.

When people hear the Miranda Warning that anything you say can and will be used against you in a court of law, it's true and this is a prime example. Statements made by suspects, especially someone accused of murder in Jacksonville are extremely important to the state's prosecution.

There are times when an experienced Jacksonville Criminal Defense Attorney may be able to keep those statements out of trial, but it depends on the circumstances. A bit of free advice -- if you are suspected of a crime, don't talk to authorities.

In this case, the woman was driving in Homerville when she was pulled over by police after they said she was driving erratically. Before they could stop her, though, she pulled to the side of the road.

She allegedly told the officer she was feeling faint and that she had killed her husband in Jacksonville. So, police there called the Jacksonville Sheriff's Office. When officers went to her house in the 1200 block of Peacefield Drive, they say they found a man dead of gunshot wounds. Inside the home, officers also found a gun.

This is probably a unique situation, since most people who are pulled over by police officers don't go on to admit they killed someone, but when people get nervous, some decide to talk to police. It's usually not the right choice.

When most of us were children, we would try to explain to authority figures -- our parents, teachers and other adults -- why we weren't guilty. We'd blame others, try to prove an alibi and whatever else it took to get out of trouble.

Adults are, in general, the same way. When many suspects get arrested, they believe they can talk their way out of a crime by simply explaining, or lying, to detectives. But police officers are smart and they are trained to detect when a person is lying. Therefore, this rarely works out. Police are legally allowed to lie and make up facts to confuse suspects, which can make talking your way out of a crime more difficult.

In fact, it usually ends up hurting the suspect in the long run. When a person is advised that what he or she says can be used against them in court, that means that a taped statement by detectives can be played to a jury at trial and will likely end up working against them. If a suspect keeps quiet, he or she usually has a better chance at having a successful outcome at trial because the police and prosecution will have all the pressure to prove the case on their own.

Continue reading " Police: Jacksonville Wife Admits to Killing Husband " »

The spokesman for the Jacksonville Mayor was arrested and charged with DUI in Bradford County, according to The Florida Times-Union.

The newspaper reports that the man was stopped for allegedly speeding on U.S. 301. After the law enforcement officer began conducting a DUI investigation, the driver refused to submit to a breath test, resulting in an automatic one-year driver's license suspension.

Refusing a breath test in a Jacksonville DUI arrest is a strategic decision left up to the driver. While it is guaranteed to result in a driver's license suspension, it also can withhold key evidence the state could use in its prosecution of a driver on DUI charges.

Florida is considered an "implied consent" state, meaning that by driving on the state's roads, you automatically agree to consent to a breath test during a DUI investigation. That's why a driver gets penalized for refusing to submit a breath test. Whatever the decision made by the driver, an experienced Jacksonville DUI Defense Lawyer should be consulted in order to provide the best possible representation in your case.

The newspaper has yet to receive an arrest report because the agency says the officer who made the arrest has been in training classes. Neither urine nor blood tests were performed. The spokesman, a former Times-Union columnist, makes $98,000 a year. He is on administrative leave.

A breath test is a key piece of evidence highly cited by prosecutors in their efforts to convict drivers for driving under the influence. A breath test is so crucial because it gives the state a reading that can be measured against the state's .08 blood-alcohol content level.

As most people are aware, a driver is considered under the influence if his or her blood-alcohol content level is .08 or greater. Unfortunately, only one type of breathalyzer is used in Florida and criminal defense lawyers throughout the state are attempting to get access to its computer code to determine what flaws the machine may have.

It's already been well documented that the devices don't always give proper figures and can be hampered by manufacturing defects, the weather and calibration problems by the officers themselves.

Therefore, they must be challenged in court. Many times, these results can be thrown out of court if they have these types of problems. But only an experienced and aggressive Jacksonville DUI Attorney will have the foresight to scrutinize this evidence in an effort to defend against the charges.

Because the penalties are so severe -- jail time, probation, fines and fees, DUI school and possibly installing an ignition interlock device -- no stone can remain unturned in defense of the client. Don't leave your case up to just anyone; make sure you trust an experienced lawyer to defend against your DUI.

Continue reading " Jacksonville Mayor's Spokesman Charged With DUI " »

A Jacksonville woman who faces an aggravated manslaughter charge in connection with her 2-year-old son's death may be able to go free to attend the boy's funeral, The Florida Times-Union is reporting.

The 25-year-old mother faces the charge after a 12-year-old slammed her 2-year-old into a bookcase in March, beating him to death. The aggravated manslaughter of a child charge in Jacksonville is based on allegations that she caused the death by covering up the fact that the toddler's leg was previously broken and leaving him in the care of the 12-year-old, who has a past history of violent outbursts, the newspaper reports.

Legally, aggravated manslaughter of a child means killing a person under 18 unlawfully and by culpable negligence. Prosecutors are seeking to prove she failed to provide the boy with care, supervision and services necessary to maintain the boy's health, according to Florida Statutes 782.07.

Offenses involving children are always heartbreaking. But, like any charge, the allegations must be proven beyond all reasonable doubt, not just written about in the newspapers, broadcast on television news or blogged about on websites.

This particular case has been a particularly high-profile incident, with the news media covering just about every step of the proceedings. So, the question remains -- can either the 12-year-old or the boy's mother receive a fair trial.

In this news story, the newspaper is reporting on the fact that the woman's attorney has asked that she be allowed to attend her son's funeral. Thus far, the prosecutor and judge have not opposed the motion, but the woman would have to pay for the Jacksonville Sheriff's Office to escort her to the service.

She wouldn't be allowed to talk to anyone or touch anyone and she would be forced to wear shackles and a jail jumpsuit. Certainly, it would be embarrassing and even more saddening for the woman if she can't afford to go.

Certainly, this case has gotten the public talking. So much so, that a judge has issued a gag order in the case, the newspaper reported, because of the intense media attention. Gag orders mean the attorneys aren't allowed to talk to the media about the case and such orders are reserved for only the most high-profile cases that get the highest amount of media attention.

The 12-year-old who faces the first-degree murder charge is the youngest person in Jacksonville history to face such a serious charge and ranks among the youngest nationwide. Both the charges against the mother and the boy are extremely serious and must be fought hard. Both are first-degree felonies that could keep either in prison for a very long time. A first-degree felony in Florida is punishable by 30 years to life in prison, meaning the defense should be as aggressive as possible in order to ensure their rights are protected.

Continue reading " Jacksonville Mom Charged in Son's Death May Be Able to Attend Funeral " »

A recent argument ended in a 46-year-old being shot to death and the Jacksonville Sheriff's Office arresting a 54-year-old transient, The Florida Times-Union reports.

Murder charges in Jacksonville carry the most serious penalties and therefore must be defended the most aggressively. And while television crime shows make a murder investigation look easy, they are very complex and there are many factors that must be considered.

An experienced and aggressive Jacksonville Criminal Defense Attorney must be brought in on these types of cases in order to ensure a defendant gets the best possible representation.

In this case, the 54-year-old transient faces a charge of murder. According to the newspaper's account, authorities don't know why the victim and, allegedly, the suspect got into an argument at the man's home on Moncrief Road.

Witnesses reported hearing several gunshots and then saw a man with a gun in his hand walk away quickly, police said. Detectives believe the two got into an argument and then the man returned and shot the victim to death.

The homeless man has a criminal record in Jacksonville dating back 25 years. Among the charges is a 1996 arrest on charges of murder and accessory after the fact. But the murder charge was dropped and he was sentenced to five years in prison on the accessory after the fact charge.

The article doesn't state how witnesses were able to identify this man as the shooter. Police found him the next day, which probably wasn't difficult because most transients frequent the same area over and over and police on patrol typically know where they stay.

But there's nothing to indicate how the men knew each other, how a homeless man would have a gun and why police believe this man committed the crime. There are a lot of holes that must be filled in.

And that is sometimes the big hurdle for prosecutors. Police sometimes make a quick arrest and leave the state in a tough position. Do they go ahead with charges and put a person's liberty on the line or do they drop charges and risk public outcry that sometimes comes with that? State Attorneys are elected and politics do play a role in these decisions, whether that is said or not.

And that shouldn't be the case. Prosecutors should bring charges that they can prove, not what they hope they can prove despite having little or no proof. And while it's frustrating that good people get charged, it's good to know that dedicated Jacksonville Criminal Defense Attorneys are available to defend people from the allegations.

Too many times, people try to defend themselves or don't do research an attorney and end up paying for it. A good lawyer will research the facts, the law, file motions, aggressively question the state's case and prepare a solid defense at trial. For murder charges in Jacksonville, an attorney can do nothing less.

Continue reading " Homeless Man Arrested in Connection With Jacksonville Murder " »

Because of a statewide battle about a breath testing machine used in DUI cases, Florida taxpayers could spend as much as six figures a year to prosecute DUI cases over a $6,000 machine, the Sarasota Herald-Tribune is reporting.

Jacksonville DUI Defense Attorneys, as well as lawyers across the state who represent drivers charged with DUI, have fought with state prosecutors and the makers of the Intoxilyzer 8000, a machine used to measure the blood-alcohol content level of drivers suspected of DUI.

After attorneys successfully argued that obtaining the computer code that makes the machine work, subpoenas were sent to the Kentucky company to reveal the information after favorable rulings by judges in Jacksonville DUI cases and other cases throughout the state.

So far, the company has ignored those subpoenas and refused to release the information. Defense attorneys have successfully argued that because the machines are used in so many DUI cases and their readings can be compelling evidence against a defendant, the defendant has a right to review the information.

Because of the company's refusal to provide the information, prosecutors on Florida's southwest coast are spending $3,000 per case to fly in experts who can testify about the machines and their readings in order to secure convictions. Adding it up on a yearly basis could total six figures and that's just in one area of the state. Prosecutors are going to cost taxpayers millions of dollars in order to go after drivers suspected of DUI.

The five-year ongoing battle between the state, the defense and the breath-testing company has caused the state to offer lower plea agreements and even drop charges because of the work of aggressive criminal defense attorneys. And now they're going to hit taxpayers in the wallets and purses. Prosecutors have even asked judges to make defendants pay for the costs, though judges have been unwilling.

The newspaper reports that the Intoxilyzer 8000 is the only machine approved by the Florida Department of Law Enforcement, so officials can't just go by another machine to use. And FDLE isn't planning on changing which machines can and can't be used in the state.

This is a conundrum for the state and, luckily, judges have been unwilling to shift the burden of paying for this added expense to defendants. But it is just another step by Florida prosecutors to try to come down hard on suspected drunken drivers.

This crime is not only unsophisticated but typically committed by accident. And despite the characteristics of the crime, it is one of the most heavily penalized crimes on the books. Even a first-time offender can face thousands in fines and fees, probation, jail time, mandatory DUI school attendance, an ignition interlock device and other penalties. These charges must be aggressively defended and that includes fighting unreliable breathalyzer results. .

Continue reading " Cost of Jacksonville DUI Could Increase Because of State Mess-Up " »

A Jacksonville police officer is charged with capital sexual battery and six counts of lewd and lascivious molestation of two girls, The Florida Times-Union is reporting.

The 47-year-old officer now faces up to life in prison if convicted of the charges. Next to homicide, Jacksonville sex crimes, especially those committed on a child, are the most difficult to defend because authorities bring down many resources on people accused of sex offenses. And the penalties are already extremely steep -- a person can face up to life in prison, if convicted of many sex-based charges.

According to the news story, the man was first investigated by the Florida Department of Children & Families after allegations surfaced involving the officer. Jacksonville Sheriff's Office investigators then began conducting their own investigation.

Officials released few details about the incident, though documents don't indicate what the relationship was between the defendant and victims. Documents quoted by the newspaper indicate one is younger than 12 while another is 16 or younger. One report states the man forced one of the alleged victims inappropriately.

The man invoked his right to remain silent and didn't provide a statement to authorities. Capital sexual battery is a first-degree felony that is punishable by life in prison. Lewd or lascivious molestation means touching someone in the genitals, breasts or buttocks on a person under 16. That, too, can be charged as a life felony if the offender is older than 18 and the victim is under 12. Otherwise, it's a second-degree felony, punishable by up to 15 years in prison.

It's obvious from the possible penalties just how serious these sex crime allegations are. And while each case is determined by its own unique set of facts, the fact that the defendant here is a police officer likely won't help him.

Prosecutors likely won't say they will treat this defendant differently than the garbageman, accountant or homeless person, but it's likely he will receive less-favorable plea offers and may face a tougher road at sentencing. Judges are human and they will take all things into consideration when they are determining sentencing in a case, if a person is convicted.

While one might consider being a veteran police officer a mitigating, or favorable, factor for the defense, some may see crime by a police officer as a violation of trust.

An aggressive Jacksonville Criminal Defense Attorney can make a big difference, however. A lawyer will file motions to suppress evidence, examine the search warrants that police use and whether or not officers mislead a judge into signing them, as well as the qualifications of the detective who led the case. Witnesses and alleged victims must also be questioned aggressively. When there are child victims alleged, an experienced lawyer can toe the line between being aggressive and not furthering the impact to the child; while still getting information that can be helpful in defending the client.

Prosecutors are sometimes loathe to go to trial when child victims are involved and an aggressive criminal defense lawyer can argue for a favorable plea agreement if the evidence is overwhelming against the defendant after thorough defense investigation. There are many aspects to a strong defense and they include exploring all options to benefit the defendant.

Continue reading " Jacksonville Police Officer Charged in Sex Case " »

DNA evidence has allegedly linked a man to the scene of his wife's death, The St. Augustine Record is reporting.

DNA is a very complex tool used by law enforcement ; the public often doesn't understand just how in-depth this science is. Television shows like CSI and Law & Order simplify the use of DNA by law enforcement so the general public can still stay engaged. But DNA use, especially in a Jacksonville Murder case, is much more difficult to understand and explain. In the hands of a proper defense, it's also not as damaging for the defendant as it seems on television.

An experienced and well-versed Jacksonville Criminal Defense Lawyer is able to sort through the DNA reports that law enforcement get from the state-funded laboratories and even hire experts who can analyze the data and testify about whether the DNA really is a match to the defendant.

According to the newspaper's account, a 42-year-old from Jacksonville has been charged with killing his 35-year-old estranged wife. Detectives say she was shot to death.

The newspaper cites deputies' records, which state that "following the execution of several search warrants and the results of DNA testing," the man was arrested and charged with the crime. Officials wouldn't discuss the nature of the DNA evidence nor the search warrants. Keep in mind it would not be unusual to find a husband's DNA on or about the wife.

When officials found the body, deputies determined she had been shot several times and had other trauma, which officials haven't released details about. She later died at a local hospital. A medical examiner ruled that the cause of death was blood loss from injuries that included gun shots, stab wounds and blunt force trauma.

The case, it appears from the autopsy results, was very brutal. It's likely that the scene was very messy, which means investigators could easily have contaminated the scene. When law enforcement officers get to a scene, their first reaction is to make sure there is no danger. Then, they call in rescue workers if they find a victim. Throughout this activity, evidence is trashed and the scene is contaminated. People are walking in and out, touching things and causing problems for the prosecution, though that's not their first responsibility.

By the time crime scene investigators get on the scene to document everything and take samples, they may be working with a scene that has far less value for the state's case. And in the case of domestic violence in Jacksonville, police are always going to first look to an ex-spouse as a suspect, regardless of whether any evidence actually moves them in that direction.

Continue reading " DNA Evidence Cited in St. Johns County Domestic Violence Homicide " »

A 33-year-old Palm Coast woman now faces charges of animal cruelty and child abuse after authorities took 31 pets from her house recently, The Florida Times-Union reports.

Charges of child abuse in Jacksonville are serious because they can result in a felony conviction. But also because of the intense media attention these cases receive, which can influence a prosecutor's decision, whether they would admit it or not. And once involved with the child welfare system, it can be all but impossible to rid yourself of these state bureaucrats and their involvement in your affairs.

These charges can be difficult for the state to prove, as well. Let's face it -- children are clumsy and they often act with reckless abandon. They can hurt themselves, and bruising can be tied to a parent or guardian without much proof. And if children make up a story to blame injuries on a parent they're upset with at the time, things can spiral out of control.

A parent never wants to purposely injure their child and they certainly don't want to drag the child through court, but in order to defend their rights, it may be necessary. Hiring an experienced Jacksonville Criminal Defense Attorney to handle this duty is a critical first step in sorting fact from fiction.

In the Palm Coast case, the 33-year-old mother now faces three counts of child abuse and 30 counts of animal cruelty. According to the newspaper, sheriff's deputies report they noticed a foul smell coming from the home when they arrived at the house, though it's unclear from the article why they were there in the first place.

Channel 13 News offers some additional details -- that deputies got a tip and arrived at the home to find children ages 5, 8 and 14 surrounded by garbage and animal feces. Inside, deputies also found six dogs, 22 cats, two ferrets and a rabbit in the house.

According to Florida Statute 827.03, child abuse has a very specific definition that can be difficult to prove by prosecutors. In order to commit child abuse:

-Injuries -- physical or mental -- must be "intentionally" inflicted.

-The act must be intentional.

-A person can encourage another to commit an act that will reasonably be expected to result in injury to the child.

Obviously in this case, there must be testimony about the conditions of the house and the question will be what were the living conditions really like? One must consider that if law enforcement got a tip about a bad situation for children, they are going into the house thinking things are going to be bad. They may not have had an open mind about the situation, but were seeking an arrest.

It's also possible that mental illness can be a defense in a situation in similar situations. If a house's living conditions are so bad that feces, clutter and animals are covering the place, the defendant may have a mental ailment that can explain the situation and lead to treatment over incarceration.

Continue reading " Children, Three Dozen Pets Removed From Palm Coast House " »