Jacksonville Criminal Attorney Blog

It is rare that prosecutors have mercy on defendants, but when an experienced Jacksonville criminal defense lawyer can point out mitigating evidence to show charges should be dropped or a sentence should be lighter, the defendant can benefit.

This is especially important in cases of juvenile crime in Jacksonville. Teenage defendants can see their entire lives be ruined with a conviction for a serious crime.

The juvenile criminal justice system is designed to rehabilitate and teach teenagers the consequences of their poor decisions in the hopes that they don't get in trouble in the future. The criminal justice system, in contrast, punishes. It doesn't put much stock in helping convicts in the future, but housing them in accordance with the sentence they receive from judges.

When teens are locked up with older criminals, it can hurt their future because they can learn things that hamper them from improving their lives. But the juvenile system allows for them to serve time with other juveniles, with counselors and in educational and working situations to take their minds off criminal activities and focus them on better behavior.

Cristian Fernandez, the famed 12-year-old murder defendant, is in a tough position. On the one hand, he's the youngest Jacksonville murder suspect in the city's history after being accused of slamming his 2-year-old half brother into a bookcase.

As the Jacksonville Criminal Attorney Blog has covered in the past, his mother is also charged in the case, accused of neglecting the care of the 2-year-old after the incident.

But in a recent interview, the prosecutor handling Cristian's case said that she doesn't intend for him to spend the rest of his life in prison, despite charging him with first-degree murder, which is punishable with a life sentence. The newspaper reports that a plea agreement is close and neither side expects a trial.

But the prosecutor stopped short of saying she would be going lenient on the boy murder defendant, saying that he should be punished for his alleged crime. The boy has suffered through years of abuse, having watched his stepfather commit suicide in Miami before the family moved north to Jacksonville.

He needs years of therapy and guidance in order to improve his life. What he doesn't need is 20 years in a prison where he essentially grows up and forms his opinion of right and wrong based on grown men who have made their choices and landed in prison.

Sometimes it takes a less-than-popular choice to do what is fair and just. The 2-year-old boy didn't deserve to die, but the 12-year-old obviously has some issues that need to be addressed and they won't be if he spends decades of his young, impressionable life spent in prison.

Continue reading " Cristian Fernandez Won't Get Life in Prison for Jacksonville Juvenile Murder " »

The Florida Times-Union is reporting that federal authorities in Jacksonville are making arrests in connection with an alleged pill mill operation that brought in millions of dollars illegally.

So-called Jacksonville pill mills and others throughout the state have garnered attention from police and prosecutors in recent years as drug investigators have gone away from looking at street-level hardcore heroin and cocaine drugs and begun focusing on painkiller drugs that can be equally harmful if abused.

This has led to many arrests of professionals, such as doctors, pharmacists and others involved in the medical industry. But unlike simple buyers and sellers, these new wave of drug crime defendants are being charged with massive fraud and racketeering scams.

Facing these additional charges take the case to a whole new level; an experienced Jacksonville criminal defense lawyers can help clients facing significant sanctions and prison time.

So far, the newspaper reports, five Jacksonville doctors, a pain clinic owner and seven employees were arrested after federal authorities unveiled in an indictment recently. The indictment alleges the conspirators profited off patients who bought painkillers from them.

These scheme allegedly operated on the basis of selling painkillers to patients in Ohio, Kentucky and Tennessee, where the people would return with many pills that they would sell for profit there. All are charged with conspiracy to distribute narcotics not for legitimate medical purposes and others are charged with money laundering.

An indictment is simply a document that states the charges a person will face after a grand jury -- not the jury a person will get at trial -- listened to prosecutors make their case without the benefit of a defense for the suspects.

Money laundering is a serious charge that essentially means that the people charged were making money and hiding it in order to evade authorities who may be looking into their business' finances. Along with selling prescription drugs to people who didn't need them, money laundering is a serious white collar offense.

But these charges are often more serious than press releases and indictments make them out to be. When more than a dozen people are alleged to have participated in an illegal operation, prosecutors must be able to prove that all knew that what they were doing was illegal and that they all had knowledge of the larger scheme.

Many times in cases like this, there are peripheral "co-conspirators" who were simply doing what their bosses told them to do without the knowledge that this was part of a bigger money-making scheme. Prosecutors will try to overlook those facts and cast as wide a net as possible. In doing so, weak cases may be pushed as part of the public relations campaign put on for the media. Following coverage of raids and arrests, the media is nowhere to be found when defense attorneys are successful in having charges reduced or dismissed because of a lack of evidence or other weakness in the state's case.

Continue reading " Jacksonville Pill Mill Alleged As Feds Make Arrests " »

Florida-Georgia is the classic example of a good time at a football game. Unfortunately, Jacksonville DUI cases are sure to follow this packed game. One facing a DUI case should have an experienced Jacksonville Criminal defense lawyer to represent, defend, and ensure their rights are protected.

According to the Atlanta Journal-Constitution, the Georgia State Patrol and Florida Highway Patrol have teamed up this year in preparation for the big game. Their message can be seen on social media sites, as well on television during the game. The Georgia-Florida police have suggested that if one is going to drink, to use a designated sober driver. The police will not hesitate to pull over someone who appears to be impaired.

Drinking can seem to add fun to celebrations such as Florida-Georgia, but when put together with driving, drinking can lead to serious legal consequences. Being arrested for a DUI in Jacksonville can be very disadvantageous with the various legal penalties involved:

- license suspension/revocation
- DUI school enrollment
- up to 6 months in jail
- vehicle tow and impoundment
- ignition interlock installation and monthly access fees
- expensive court fines and fees

Not only are the legal penalties bad, but one’s reputation, career, and self-esteem can be severely affected by a DUI. Many people run the risk of losing their jobs simply by not getting a designated driver.

One has rights when stopped by the police. There are options. One of these is refusing a blood alcohol test.

The biggest tests that police will use are field sobriety tests and breath tests. If the breath test finds that one’s blood-alcohol level is above 0.8, the legal limit in Florida, that person can be charged with a DUI. If someone refuses the test, they will be taken to jail for the night just as if they had had a blood-alcohol level of 0.8 or higher; their license will also be suspended. However, the person will be charged with a civil penalty, rather than a criminal penalty like a DUI.

Another upside to refusing to submit to the breath test is that there will be less evidence that you were driving under the influence if you actually were driving under the influence. This refusal and lack of evidence will make it easier for an experienced Jacksonville DUI lawyer to fight the case and have it reduced or dismissed.

Florida has a 10-day rule, which says that if one obtains a lawyer within 10 days, the lawyer can try to re-obtain your license before it is officially suspended. If the lawyer is able to stop your license from being suspended, you may not lose your license at all.

If one’s blood alcohol level is above 0.15, in Florida, that person must have an ignition interlock installation installed in their car.

The way an ignition interlock works is basically the same way that a breathalyzer test works. The ignition interlock is attached to the vehicle itself. The person driving must have a low blood alcohol level to start the vehicle and may be required to give a sample of their blood-alcohol level while driving. These tests are expensive and a major hassle to everyone who has been charged with a DUI in Jacksonville.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight for their case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading " Jacksonville Warned Of DUI Dangers During Florida-Georgia Festivities " »

Jacksonville police can be overzealous in their efforts to make arrests of drunk drivers. While citizens don't want to be victimized by a drunk driver, drivers don't want to be labeled drunk drivers without proof.

Those charged with DUI in Jacksonville must be prepared to take an aggressive approach when defending themselves against the charges. Jacksonville DUI defense lawyers and others have been fighting to cut down on the use of breathalyzers in DUI cases statewide and also scrutinize field sobriety tests and the initial traffic stop in many cases.

State v. McCave, a case out of Nebraska, shows why inexperienced police officers can go too far and take too many liberties.

In this case, McCave was in his car, parked in the driveway of his father's house. When he refuse to leave, his father called police. when officers arrived, they arrested him for DUI, even though he was sitting in the driveway, not driving the vehicle. He was charged with DUI, refusing to submit to a chemical test, trespass and possession of an open container.

At trial, he was convicted of all charges. But on appeal the Nebraska Supreme Court ruled that his arrest for DUI was unlawful because police didn't have probable cause to arrest him. Therefore, all evidence from the DUI investigation should be tossed out of court. The convictions were overturned and the court granted a new trial on the trespass charge.

In order for an officer to begin a DUI investigation, he or she must have probable cause -- or sufficient reasoning to believe a crime is being committed -- in order to proceed. In the case of McCave, police had no reason to suspect he was "driving" under the influence after simply responding to a call of a disturbance at a house.

If all the evidence presented to jurors is withheld -- a beer can, his statements, his refusal to take a chemical test -- his trial goes in a much different direction. He can no longer be painted as drunk and uncooperative.

"Here, we cannot conclude that the admission of this evidence did not materially influence the outcome of the case," the court wrote."Because the county court did not suppress this evidence, we reverse the judgment of conviction for the DUI charge."

Evidence at trial showed that he had actually given his car keys to a friend that night after several hours of drinking. He had walked or gotten rides to a bar and liquor store on the night in question, but hadn't driven. He and two others had gone outside and only put the keys in the ignition to turn the radio on. It was only after refusing to turn the music down that police were called and he was dragged away to police headquarters.

Despite no evidence he was driving, police took a trespassing case and turned it into a DUI case, without just cause.

Continue reading " State v. McCave Shows Over-Aggressive Nature of DUI Investigations in Jacksonville " »

Hamilton v. State shows why an experienced Jacksonville criminal defense lawyer must be diligent not only in defending the case, but preparing for a possible sentencing hearing.

In every case, whether a sex offense in Jacksonville or Jacksonville armed robbery situation, an attorney must prepare all aspects of a case. When criminal charges are brought against a person there is always the danger of a conviction.

While a criminal defense attorney will do everything in his power to prepare for a victory at trial, preparing for a potential sentencing hearing shouldn't be neglected. In Hamilton's case, that appears to be what happened.

While no defendant nor criminal defense lawyer wants to admit there is a chance of defeat, the very nature of the criminal justice system puts people at that risk every day. When an officer makes an arrest, that person now faces the possibility of defeat, thought the state has the burden to prove the charges beyond all reasonable doubt.

In Hamilton's situation, he was convicted of one count of molesting a child after being accused of inappropriate acts with a minor. After conviction, the man was sentenced to 50 years in prison in Indiana, an extreme sentence considering the facts of the case as well as the man's character.

On appeal, the man argued that his sentence was too high considering that his prior convictions were for robbery when he was 18 years old in 1982 and a misdemeanor some years later. Physical conditions were also argued to be a hardship if he were sent to prison for a long period of time.

Based on the charge and the law, the man faced between 20 and 50 years in prison. His judge sentenced him to 50 years, but the Indiana Supreme Court ruled that the sentence was too high. Justices analyzed the case in an 8-page order, stating that although the allegations were bad, the man didn't engage in a pattern of sexual offenses, but rather a one-time crime.

The court ruled that judges must sentence defendants fairly and consistent with other crimes. This means that a person who commits a few robberies shouldn't face a longer sentence than someone who commits murder.

This has been an issue for Florida judges for some time. Because they don't have access to not only their own previous sentence rulings, but that of other judges in their circuit or statewide, they are unable to determine what would be "fair" sentences compared to other cases.

Judges in Florida have the discretion to sentence a defendant based on the charge the person is convicted of and the possible penalties. That means unless the charge carries a minimum mandatory sentence, the judge can sentence a person from 0 to 30 years for first-degree felonies, 0 to 15 years for second-degree felonies and 0 to 5 years for third-degree felonies.

With the possible range of imprisonment, judges' sentences can be all over the place. That's why an experienced Jacksonville criminal defense lawyer must put time and effort into preparing for sentencing in each case. Family background, character assets and other positive characteristics must be put together to try to convince a judge to sentence lower than normal in cases where it is appropriate. If a person is convicted, they want their lawyer to be prepared to mitigate the sentence in every way possible.

Continue reading " Jacksonville Sex Crimes Carry Steep Penalties as Shown in Hamilton v. State " »

A recent ruling in the Georgia case of McFolley v. State shows why expert testimony can be so critical to any type of criminal case in Jacksonville.

This particular case was based on a felony murder and cruelty to children case where a man was charged in the death of a baby. Charges of murder in Jacksonville likely require expert witnesses. But there is an opportunity for experts in other types of cases as well, including sex crimes and computer-based crimes.

That's not to say that a Jacksonville criminal defense lawyer will employ an expert in every situation because they are expensive and sometimes can alienate the jury. But there are cases in which a well-placed expert witness can help the defendant dispute key evidence presented by the state and can be an asset to the defense in explaining certain aspects of the case.

This case was based on an appeal where the defendant believed that expert testimony by the state should have been objected to by his trial attorney. The expert testified the baby could not have accidentally died. The Georgia Supreme Court ruled that he didn't get ineffective assistance of counsel based on the non-objection.

In 2005, the man was indicted on charges of malice murder, felony murder and cruelty to children. His son died and authorities charged him with the death. The boy went into cardiac arrest and when paramedics arrived, the boy was nonresponsive. He died several days later.

Authorities concluded the boy had a skull fracture to the back of his head, hemorrhages in his retinas and bleeding on the brain. The medical examiner ruled the boy had been shaken and hit against a flat surface. The medical examiner ruled that the injuries couldn't have been the result of regular play.

To bolster its case, the state brought in a doctor who is an expert on Shaken Baby Syndrome. That witness testified that the child couldn't have been injured by a mere accidental fall, but that force was used.

On appeal, the defendant argued that his attorney should have objected to the expert testimony. But the Georgia Supreme Court ruled that especially considering the man had told police the baby had taken several spills in the weeks leading up to the death, the testimony was necessary to explain whether or not those falls could have contributed to the boy's death.

Cases involving the death of a child, or any death for that matter, can be highly emotional. Jurors must remain objective and decide the case based on the facts alone. But expert testimony used by the defense can often dispute key facts presented by the state.

In cases where there is a fundamental issue at hand that will decide the fate of the accused, an expert can provide doubt where the state's expert provides an idea of truth to the charges. Experts must be deemed so by the judge based on their experience, education and prior testimony in other courts on the issue at hand. Judges have the discretion to not deem a witness an expert if he or she doesn't show she is qualified.

Continue reading " McFolley v. State Highlights Importance of Expert Testimony in Jacksonville Defense " »

It must be something in the water -- literally.

For the second time in the last several months, a Jacksonville-area man has been charged with animal cruelty after allegedly assaulting or killing ducks. Animal cruelty in Jacksonville can be punished as a felony, which can lead to serious prison time for a person convicted of these charges.

As the Jacksonville Criminal Attorney Blog reported in August, a Clay County man found out the hard way after he was charged with animal cruelty for allegedly mowing down some ducklings while landscaping.

Considering all the heinous charges that people do to each other in this world, Jacksonville criminal defense attorneys see prosecutors driving hard plea negotiations and wanting high sentences for animal cruelty charges. And the state rarely charges a person with one count of animal cruelty.

As in cases where they allege a person hoards animals and finds them in various conditions in an unkempt house, they will file a count for every animal found in a house, regardless of whether there is overwhelming evidence of abuse or not.

In this case, a 52-year-old Jacksonville man was arrested, The Florida Times-Union reports, because he allegedly shot some ducks who were defecating on his property with a BB gun.

After a neighbor spotted the man shooting the ducks near a pond and seeing "feathers flying" after they were hit. The neighbor provided police with a photo of the alleged shooter, which led to an arrest.

The man allegedly told police that he could do "whatever he wanted" on his property and that he was trying to stop the ducks from making a mess with their waste, a police report states. When police arrived, they found feathers on the ground.

What the article doesn't state is whether police were able to find any evidence that any of the ducks were actually hit with the BBs or if they were injured. Simply shooting in the area of an animal may not constitute animal cruelty charges, especially if the weapon was a BB gun and not an actual gun.

According to Florida Statutes 828.12, a person convicted of animal cruelty can face up to a third-degree felony, which imposes a possible five-year prison term. There is also a misdemeanor animal cruelty charge, which results in a year in jail penalty.

According to the statutes, the main difference between the two is whether someone "unnecessarily" or "intentionally" is cruel to an animal. In either charge -- either the misdemeanor or felony -- an animal can die as a result of the act.

What animal cruelty cases tend to come down to is how much evidence authorities really have that a person committed the crime and the degree of planning or intention behind it. It can be difficult to prove intent when there are few witnesses to day-to-day activities involving a person and his or her pet.

Continue reading " Jacksonville Animal Cruelty Charges Levied in Duck-Shooting " »

In the recent case of Davila v. State, the Florida Supreme Court ruled on whether a parent can be charged with kidnapping their own child.

The short of it is yes, a parent can face Jacksonville kidnapping charges for taking their own child, based on the language of the law.

According to Florida Statutes 787.01, kidnapping means to forcibly, secretly or by imprisoning a person against their will hold them for several reasons:
-For ransom or as a hostage
-To commit a felony
-To inflict bodily harm upon them
-To interfere with a government operation

The law also states that "confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

Based on the way the statute is written, it is plausible for a parent to be convicted of kidnapping their own child or even for a prankster to be convicted of kidnapping a person as a joke or a fraternity hazing. And the penalties in Florida are no joke. Kidnapping is punishable by 30 years to life in prison, if a person is convicted.

The subsection about a person being confined without consent of a child's parent seems interesting, given this case. In Davila, the man was convicted of kidnapping his 11-year-old son between February and July 2000. Prosecutors alleged, among other things, that Davila intended to hold his son against his will with the intent to harm him.

According to the boy's testimony, his parents would hold him in a storage room or bathroom for weeks on end for misbehaving. He also testified he was beaten while confined this way. Davila was convicted and sentenced to life in prison on the kidnapping charges. On appeal, he argued that a parent can't be convicted of kidnapping his own child.

After the Third District Court of Appeal and the Second District Court of Appeal had conflicting rulings on similar issues, the state's high court took up the case. Only one justice disagreed with the court's ruling that a parent can be convicted of kidnapping. In its opinion, the justices wrote that had legislators wanted to give an exception for parents charged with kidnapping, it would have done so.

In a dissenting opinion, one justice argued that while he believes a child can be kidnapped by his or her parents, the language in the statute about a child being under 13 affords them more protection than a child over 13.

In part, the justice rejected the majority's opinion that if the Legislature had intended to exempt parents from being able to commit the crime of kidnapping, it would have expressed it in the statute. He argued that it isn't right for judges to interpret what lawmakers really meant, but only read what is written.

Continue reading " Davila v. State Rules in Jacksonville Parent-Kidnapping Case " »

Jacksonville recently had the dubious distinction to being the home of one of the country's most infamous defendants when accused hacker Christopher Chaney was arrested and charged with breaking into the e-mail accounts of several celebrities and posting nude photos of some.

But what should be noted is that it took the FBI an entire year to make an arrest and by the information being published, it took Chaney a large amount time to allegedly commit the crimes for which he is charged.

He faces 26 counts in a federal court in Los Angeles related to "Operation Hackerazzi," in which the FBI alleges 50 celebrities fell victim to Chaney's cyber crimes in Jacksonville. With all the media attention -- turning this 35-year-old average citizen into a celebrity himself -- Jacksonville criminal defense attorneys wonder if Chaney can get a fair trial.

In any high-profile criminal case, the court of public opinion can sometimes be as important as the criminal court. Not literally, of course, because only a trial can determine true guilt or innocence (as Casey Anthony would tell you), but every person who watches TV, reads the newspaper or looks at online articles about a defendant is a prospective juror.

That means they can be influenced by what is reported by the news media or blog writers throughout the world. And that means that even in a highly complex case such as this one, jurors may well have already made up their minds without hearing any evidence.

In Chaney's case, he is accused of monitoring celebrity's Twitter accounts, public comments and other social media to gain access to their e-mail addresses. There, he found photos, including nude photos of actress Scarlett Johansson, personal conversations about upcoming projects and other information that he posted online for all to see, according to prosecutors.

He allegedly mined the web for data to use in guessing what the passwords to their accounts might be. And in what may seal his fate, he granted several news media interviews during which he confessed to the activity, saying he did it for the thrill as kind of an obsession.

Cyber crime is a large part of our society, given that so many activities are conducted online. Banking, shopping and everyday operations use computer networks that are susceptible to breaches. Finding out who commit these computer crimes isn't as easy as following an easy to follow paper trail.

Computer networks are extremely complicated and require highly trained people to accurately figure out a person responsible for the actions. And many times, investigators get it wrong. Or they are so overzealous in their pursuit, they violate a person's rights with an inaccurate search warrant request.

Cyber crime is a big problem, but it must be fought diligently yet lawfully. Getting it right is more important than getting a person in custody. And a Jacksonville criminal defense lawyer should be called in to ensure a defendant's rights are upheld every step of the way.

Continue reading " Jacksonville's 'Hackerazzi' Shows Complexities in Cyber Crime Charges " »

The fight continues by Jacksonville DUI defense attorneys and those across the state who are fighting the breath testing equipment that has been shown to be faulty.

As two recent newspaper articles have recently commented on, Florida's breath machine, which is certified by the Florida Department of Law Enforcement, has come under fire for producing incorrect results for drivers charged with DUI in Jacksonville and throughout Florida.

With so much on the line -- from criminal penalties such as jail time, fines and fees and DUI School enrollment to personal penalties, including humiliation, job loss, problems with family and friends -- law enforcement ought to ensure these defendants get a fair trial. That includes using proper equipment.
When a person gets arrested, it should be based on sound information and evidence, not faulty machines that either have been manufactured incorrectly or not calibrated by police officers.

But as the Sarasota Herald-Tribune reports, breath machines have been producing impossible results that have been used to convict people. For instance, in some cases, a person would blow 10 to 12 liters of breath into the machine. That may not sound like much on the surface, but consider that the maximum lung capacity is 5 liters. That means the machines are inherently flawed.

Prosecutors in Sarasota and Manatee counties recently threw out breath testing evidence in more than 100 cases because of problems with the results that were being displayed.

In Naples, The News-Press reports, attorneys have been attacking the breathalyzers used exclusively by law enforcement -- the Intoxilyzer 88000 -- saying that the law is unconstitutional. Attorneys have fought for years to get the code used by the Intoxilyzer's Kentucky-based company. It's the only area of law where defendants don't have access to evidence.

By not allowing defendants to view what makes a breath machine tick, they are having a major piece of evidence withheld and the law allows for the defendant to be able to analyze any piece of evidence that is brought against them in a criminal trial.

A Naples judge is expected to soon hear the argument that the state's DUI law is unconstitutional based on the faulty breath test results and the defendant's right to have the source code for the machines that lead credence to police DUI arrests.

That prosecutors on the state's west coast have already begun throwing out the results of these faulty tests shows that change may be coming. That is a big step. That a judge will consider argument about the issue is another positive sign for defendants.

Hopefully, Jacksonville prosecutors will step up next and do the right thing. They work hard for convictions, but they must keep in mind that the trial should be fair and not tainted with inaccurate evidence.

Continue reading " Jacksonville DUI Breath Testing Being Challenged as Unconstitutional " »

A Florida man was recently arrested after attempting to use a taco as identification when confronted by police outside a South Florida Taco Bell, the Miami New Times reports.

Florida is known for its odd news, and cases of Jacksonville DUI are no exception. But these cases are no laughing matter.

Being arrested for DUI in Jacksonville can not only lead to a hit to one's reputation, but also job loss and other serious financial consequences. That doesn't include the penalties that are possible under Florida's DUI laws:

-driver's license suspension
-up to 6 months in jail
-up to 1 year on probation
-DUI School enrollment
-vehicle impoundment
-ignition interlock device installation and monthly access fees
-court fines and fees

Jacksonville DUI defense lawyers have seen many people who have lost colleagues, friends and reputations after being charged with this crime, which amounts often to a one-time mistake. There are many defenses to consider when facing this charge and they should be considered from the start.

In this case, a Jensen Beach man was arrested after his car caught fire outside a Taco Bell restaurant. He was there around 1 a.m. after having allegedly drank during the night. He pulled his truck through the drive-through and got his food before falling asleep at the pick-up window.

The store's manager called police and when deputies arrived, they asked the man for identification. He allegedly reached into his bag and offered a taco. When law enforcement clarified they were asking for his identification, he allegedly chuckled and began eating his taco.

When officers noticed the man had fallen asleep with the truck in park, but his foot on the accelerator, they saw that the engine had caught on fire from the friction. They used fire extinguishers to put out the flames.

After agreeing to take a breath test, the man's blood-alcohol content was between .225 and .227, which is more than two times the state's legal limit. He now faces a DUI charge.

This man must now move past the humiliation of the situation and focus on fighting the charges he faces. If the breath test results are let into trial and he is convicted, he may also have the added penalty of dealing with an ignition interlock device. In Florida, those who have a blood-alcohol content of .15 or higher must install the device for six months.

This device is like a breath test, except it is attached to a person's vehicle. They must not only pay for the service, which can be costly, but must have a low blood-alcohol content level for the vehicle to start. It also may ask for a sample as the person is driving.

This is an added hassle and expense brought on by a DUI charge in Jacksonville. Fighting the charge is the only choice for someone put in this position. Don't allow the state to run you over. Fight back.

Continue reading " Man Tries to Use Taco as ID in Jacksonville DUI Case " »

A Jacksonville man faces 19 counts of sex crimes against six different girls younger than 16 over a year-long period, The Florida Times-Union reports.

While there are certain defendants who may get a break based on their criminal history or the alleged crime itself, a sex crime in Jacksonville is not one of those crimes.

Make no mistake about it -- while judges must try to remain impartial and prosecutors are sworn to analyze every case based on the law, they tend to punish defendants charged with sex offenses more harshly than other suspects.

Jacksonville criminal defense lawyers can use pre-trial motions to cut back on what evidence is available at trial and will otherwise prepare an aggressive defense through questioning of witnesses. Prosecutors often stack the charges, meaning they file multiple charges against a defendant in order to gain an advantage. Your defense lawyer may also have some success in getting charges reduced, combined or dismissed.

According to The Florida Times-Union, the man was arrested Sept. 7 and charged with capital sexual battery on a victim younger than 12 -- a life felony -- and 11 counts of lewd and lascivious molestation, three of which are on a victim younger than 12.

The man also is charged with multiple counts of lewd and lascivious conduct and sale, distribution or showing of obscene material to minors, including showing obscene material to another alleged victim.

The man, overall, faces 19 charges. He is a registered sexual offender and has never been arrested in Florida. According to the newspaper report, the victims told authorities the alleged sex acts happened at the man's house.

It's unclear what the relationship was between the man and the alleged victims or how they came into contact with each other.

While these charges typically come down to witness testimony -- unless DNA evidence is involved -- they can still be complex cases. While prosecutors will attempt to work out a plea deal in order to avoid a minor testifying, that doesn't mean the offer will be good or even worth considering.

What is important is making sure witnesses and alleged victims are telling the truth. Teenagers and even children who are younger are just as likely or more likely to lie because they aren't aware of the consequences.

It often happens that children aren't truthful about a crime because they think it will get a person in trouble who they don't like. But beyond that, it can mean a person does prison time if not for a fair trial. That's why it is critical to question alleged victims to prove they aren't telling the truth and in order to make sure a defendant doesn't get wrongly accused and sent to prison based on false testimony.

Continue reading " Jacksonville Man Faces 19 Counts of Sex Crimes " »

A man whose case was discussed on the Jacksonville Criminal Attorney Blog in August was recently indicted on charges of mail and wire fraud in federal court.

What defendants must consider is that when they face charges such as theft in Jacksonville, there is always a possibility the charges could be shifted from state circuit court to federal court.

That means penalties against a defendant can increase and charges can become more difficult to defeat if a case gets moved to federal court. Charges of grand theft can turn into scores of charges of fraud, including mail and wire fraud.

In this case, the Jacksonville man was previously charged with wooing potential investors by driving around in a Bentley. He allegedly convinced investors to give him money because he was a graduate of the Massachusetts Institute of Technology and was a high-dollar broker. Police allege he convinced a woman to give him $10,000 while he was sitting in jail on a three-way phone conversation.

He previously pleaded guilty to two counts of grand theft for stealing from Midas after they did nearly $10,000 of work on the Bentley. He had already spent enough time in custody to be sentenced to time served.

But while awaiting the charges on the alleged investment scheme operation, a federal grand jury indicted him on three counts of wire fraud, two counts of mail fraud and a single count of conspiracy to commit mail fraud.

The wire fraud charges stem from four transfers of $500 each from an alleged victim in Jacksonville to the man in Los Angeles. It's unclear where the mail fraud charges stem from.

The Florida Times-Union reports that the state charges of organized schemes to defraud may be temporarily dropped while federal charges are pending. The newspaper reports those charges could be re-filed if the man isn't convicted in federal court.

Being charged federally changes the situation for a defendant. Federal prosecutors are able to use the resources of not only local law enforcement officers, but also federal investigators who are specially trained in these complex criminal cases.

This is all the more reason to make sure a defendant has strong legal representation at every step of the case. Typically, state prosecutors will take on cases that could go to either system. Sometimes, federal prosecutors request to take over cases where they feel they can secure convictions with greater penalties or if the defendant has a long criminal history record.

Under federal sentencing guidelines, criminal history record and financial lost are calculated to give judges a possible range of imprisonment for which to punish a defendant. But in the state system, judges have more discretion on sentencing and can send a person to prison based on the possible penalty for that charge. That can make a big difference alone.

Continue reading " Jacksonville Man Accused in Investment Scheme Indicted By Feds " »

A recent case out of Daytona Beach shows why the mental capacity or possible retardation of a defendant is such an important piece of information in a Jacksonville murder case or other violent felony.

It is extremely important that if a defendant has mental problems they make their Jacksonville criminal defense lawyer aware as soon as possible. It is often noticeable in communication with a defendant that they may have a disability, which must be explored.

While it may not be possible for charges to be dropped based on a person's mental capacity, their ability to understand the court system and the penalties they face can lead to them being deemed incompetent to stand trial.

Also, it is unconstitutional for the state to execute a mentally retarded person, which means bringing up such evidence can keep a defendant alive even if they have been convicted of the most serious charge on the books.

In State v. Herring, the issue came down to an appeal of the defendant's conviction for armed robbery and first-degree murder.

A judge found that the defendant had established the first prong of the state's test for whether a person is mentally retarded -- significantly subaverage general intellectual functioning. On appeal, however, The Florida Supreme Court reversed the decision and denied the defendant's appeal.

In 1981, Herring shot and killed a convenience store clerk during a robbery. He was tried and convicted and was recommended to die by an 8-4 vote by the jury. He was 19 at the time and the judge found four aggravating factors -- legally defined reasons to support a death sentence -- vs. two mitigating factors -- reasons to avoid the death sentence.

After years of appeals, Herring's appellate attorneys brought up the issue of whether he is mentally retarded and therefore can't be executed. During a 2005 evidentiary hearing, mental health experts testified about his intellectual functioning.

While two state witnesses testified he did not qualify as being labeled mentally retarded, one defense witness did. Four IQ tests, taken from the ages of 11 to 42 were submitted and fell around the range of 70 to 75.

The judge vacated the death sentence, ruling that the defendant satisfied the three prongs of mental retardation according to the Florida Rules of Criminal Procedure and the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

They are:
-Significantly subaverage general intellectual functioning
-Deficits in adaptive behaviors
-Manifested before age 18

The state appealed and argued that to be considered to have "significantly subaverage general intellectual functioning" requires an IQ score of 70 or under. The Florida Supreme Court in its opinion agreed with state prosecutors and put the death penalty back in play.

Continue reading " State v. Herring Shows Why Mental Capacity, Retardation Key in Jacksonville Murder Cases " »

You are pulled over by police. Officers approach your vehicle not as if you've just run a stop sign, but possible with guns drawn or with an aggressive attitude as if you've done something very wrong.

They drag you out of the vehicle and start patting you down while looking through your car. You likely feel the itch to explain yourself, prove you didn't do what they're accusing you of doing. Every child has dealt with this scenario, but it's a different ballgame as an adult.

When police are involved, you shouldn't say anything, because it can be used against you. Every American has the right to remain silent, a very valuable right that many people take for granted or don't realize they have. Jacksonville criminal defense lawyers have seen countless defendants have a shot at beating charges only to have their fate sealed because they gave a statement to police.

This is especially critical in cases of burglary, gun crimes or murder in Jacksonville. In situations where police are working tirelessly to figure out who is the culprit, they tend to lean on suspects to try to get a confession.

Officers have one goal when it comes to a suspect being in custody and that is to get a confession. They rarely bring in someone who they don't believe committed the crime. Otherwise, it would be a waste of time.

So, officers use the years of training and experience they have to try to scare a person into confessing or admitting enough that they can be charged with a crime. Anything to keep them in custody.

A case out of Iowa highlights just how important keeping quiet is when you're charged with a crime -- and that applies to any time before the case is resolved.

In State v. Pearson, a 17-year-old was charged with robbing and beating an elderly man. After he was arrested, the teen smartly refused to waive his Miranda Rights and give a statement to police.

Miranda Rights are the right to remain silent. It's what most people are used to hearing on police TV shows when a person is arrested.

But the teen made a horrible decision when he told his social worker the next day that he had committed the crime, even though he wasn't with his attorney. His social worker, not having a requirement to keep the conversation quiet, told authorities and she was allowed to testify after a motion to suppress was denied.

The teen was convicted of first-degree burglary, willful injury and going armed with intent. On appeal, the conviction was reversed on the going armed with intent, but otherwise the charges were upheld. The Supreme Court upheld the verdict, ruling that the interview was not a custodial interrogation and that the confession was voluntary.

Continue reading " Your Right to Silence and State v. Pearson in Jacksonville Crimes " »

A recent case out of Nevada shows how mistakes can be made in Jacksonville theft cases and why holding the state to its burden of proof beyond all reasonable doubt is critical.

Jacksonville criminal defense lawyers have seen many state prosecutors attempt to use weak or tainted evidence in the furtherance of their case. It's unfortunate that the state has attorneys who will try to get by and strip away a person's liberty with less-than-credible evidence and witnesses.

In Stephans v. State, that's exactly what happened. In this case, two men were charged with stealing six bottle of men's cologne from a department store.

But at trial, the state didn't bring in a store manager, cologne distributor or anyone who could have confirmed the value of the cologne. Instead, the state relied on, over the objection of the defense, a loss prevention officer to prove the crime of theft as well as the value of what was stolen.

The witness testified that the stolen goods he recovered had price tags adding up to $477. But neither the price tags, nor duplicates from the store, were entered into evidence. In Nevada, in order to prove grand larceny, the state must show the value is $250 or more. And based only on the word of the loss prevention officer, a jury convicted the men of grand larceny and burglary and conspiracy to commit larceny.

The Nevada Supreme Court reversed the decision, ruling that the judge abused his discretion in allowing the loss prevention officer to testify. The man was given a new trial on the grand larceny charge.

What many people may not consider in theft cases is that not only must the state prove beyond all reasonable doubt that a person is guilty of committing the theft, but they must prove the value stolen in order to show what type of theft was committed.

Florida Statutes 812.014 lays out the definitions of theft and grand theft. Everyone knows what theft is -- simply the stealing of property in order to benefit from it.

But the values of what is stolen vary and can determine whether a person faces misdemeanor theft or felony theft. The law lays out many different scenarios that can turn a theft charge into a grand theft charge, including situations where property is stolen from emergency vehicles or loading docks.

But what applies in most cases is simply the range of values for different levels of theft in Florida.

First-degree grand theft: $50,000 or more stolen from a dock; $100,000 or more stolen from a law enforcement semi-trailer and if while committing the theft uses a vehicle

Second-degree grand theft: $20,000 to $100,000 in property; less than $50,000 from a dock; $300 or more of emergency medical equipment or law enforcement equipment

Third-degree grand theft: $300 to $5,000; $5,000 to $10,000; $10,000 to $20,000; a will; firearm, vehicle, farm animal, fire extinguisher, citrus, stop sign, ammonia or drugs

Petit theft: $100 to $300

As you can see, the number of things that can be stolen to qualify a person as a felony offender is wide-ranging. There are more specific definitions, which are too long to list. But the point here is that proving value is critical. The state must have concrete evidence that not only the defendant committed the crime, but also that the value hits the statutory limits in order to prove which level of theft is committed.

And the differences are staggering. A first-degree grand theft is punishable by up to 30 years in prison, but second-degree is punishable by 15 years. A third-degree felony is a five-year prison sentence, while a misdemeanor is up to a year in jail.

Continue reading " Stephans v. State Illustrates Why State Has the Burden to Prove Theft Charges in Jacksonville " »

News4Jax.com reports that a Jacksonville man was sentenced to three years in prison for failing to register as a sex offender.

Make no mistake about it -- being convicted of a sex offense is a lifelong punishment, whether a person is sentenced to probation or years of prison time. Jacksonville criminal defense attorneys have seen defendants who faced serious penalties AFTER conviction because they didn't follow all the requirements of a registered sex offender.

Sex offender registration can result from a conviction for many types of sex crimes in Jacksonville. From an allegation that someone forcibly raped a victim to peeping or accidentally exposing yourself, a sex offense could mean a lifetime of registering as a sex offender and having to inform police every time you move.

Not only are defendants forced to serve prison sentences -- sex crimes can lead to years of probation, community service and fine and fees. And sex offenses remain a crime that is routinely punished even after incarceration.

Registering as a sex offender means having your jail mug shot highlighted on state and federal databases, with no restrictions. People search their neighborhoods or by a defendant's name and social ridicule or other consequences may result. The database information includes the photo, where they live, sometimes notifications to the media from the sheriff's office about their change of address, tattoos or other identifiable marks and other information intended to point them out in a crowd.

They must also tell police when they move. It's the modern-day scarlet letter and it can last forever.

In Jacksonville recently, a man convicted in 2006 of lewd and lascivious molestation was re-arrested and recently sentenced to three years in prison for not registering as a sex offender after traveling from Florida to North Carolina.

Prosecutors said he didn't comply with sex offender requirements by not notifying local North Carolina authorities he had moved. He was also accused of removing an electronic monitoring device that was a condition of his release, another probation violation.

He was sentenced to two years in prison and three years of sex offender probation -- which typically have much more stringent requirements than regular probation -- and after the failure to register as a sex offender conviction he will have to spend three years in prison followed by 15 years on supervised release.

He now must be incarcerated and monitored for three times as long as the original charge that put him in the criminal justice system in the first place. It can be maddening to have to be constantly watched, which is why aggressively fighting the charges is critical. A conviction can change a person's life forever.

Continue reading " Jacksonville Sex Offense Convictions Lead to Lifetime of Problems " »

We've seen it a million times in real-life criminal cases that make national and even local headlines -- witnesses whose testimony contradicts the facts or leaves them looking less-than-reliable on the witness stand.

In New Jersey, the Supreme Court has seen it enough and has enacted changes to the criminal justice system that may soon become precedent for other states to follow. Jacksonville criminal defense attorneys hope Florida's Supreme Court is listening.

Far too many times prosecutors rely on weak eye witnesses in the pursuit of putting people in prison for life on charges of murder in Jacksonville or other felonies that can lead to decades or life in prison and even the death penalty.

As many news sources in recent weeks reported, Troy Davis, a Georgia man sentenced to death for the killing of an off-duty Savannah police officer, had many witnesses recant or change their testimony, leading to much doubt about whether he was responsible for the crime. Yet, in an act lacking mercy, officials executed him anyway, despite pleas from protesters and influential people, including the Pope and Jimmy Carter.

That's how important the issue of eye witness identification is in felony cases. With poor witnesses, the state can't secure a conviction. With a spot-on witness, it may go the other way. Make or break. Life and death.

In New Jersey, The New York Times reports, the "troubling lack of reliability" in witness identification has caused justices there to create a special hearing for witnesses if defense attorneys there bring up an issue about the credibility of the witness in a criminal case.

At the hearing, the defense can bring up a broad range of issues, including potential police influence, such as nudging a person to select a mug shot from a photo lineup, to the time of day it was, how far away the person was and whether the witness was under the influence of drugs or alcohol at the time.

Even if disputed evidence is submitted and admitted into trial, the judge must explain to jurors, even in the middle of the trial, that witnesses can be influenced by outside factors that can lead to misidentification. In the past, judges held hearings, but they were must less detailed.

New Jersey. Justices wrote that it is the "leading cause of wrongful convictions across the country."

These are strong words, but true. State prosecutors often trot out less-than-credible, barely-saw-anything witnesses that they hinge their cases on. Whether it's a minor theft to a murder, if a witness isn't credible, he or she shouldn't be used. But jurors inherently trust these people and convict defendants anyway. It's a broken system that needs fixing.

Continue reading " Witness Identification Must Be Scrutinized in Jacksonville Felony Crimes " »

First Coast News reports that a Jacksonville woman was handcuffed and bound for two hours during a home invasion.

According to police, a woman was at her house on West 43rd Street when a man kicked in back door and handcuffed and bound her feet and made her sit on the sofa. He came in carrying two weapons -- semiautomatic and silver.

Charges of kidnapping in Jacksonville can be terrifying for the victim because of the potential for harm. But the charge can also be terrifying to prove for prosecutors because it is often a case of mistaken identity that leads to an arrest. In other cases, a domestic situation is treated as a kidnapping and must be properly defended.

Jacksonville criminal defense lawyers have seen many defendants brought in on serious felony charges only to see them dropped when prosecutors realize that the police haven't put together a strong case. When a person is kidnapped or held against their will during a terrifying hold-up, they often mix up fact from the event and inaccurate memories stem from fear.

According to the news report, the masked man kicked in the back door of the house and came in carrying two weapons. The victim told police that the man seemed excited and fidgety and speculated that the man could be on some kind of drugs.

The victim stated that the man kept asking for money, asking for where "it" was. The man ransacked two rooms while he was there. Then he left when he couldn't find what he was looking for and tried to get into a stolen vehicle, which wouldn't start.

The woman freed herself and ran next door to call police. The man allegedly had disabled the woman's phone, making it unusable.

Kidnapping in Florida, according to Florida Statutes 787.01, kidnapping means holding by force a person against their will with the intent to inflict harm, commit another felony, hold them for ransom or use them as a shield or interfere with a government function.

The charge is punishable as a first-degree felony, which is punishable by up to life in prison. Obviously, it's a serious charge if it carries those type of penalties. Therefore, every case must be defended with the skills of an aggressive and experienced attorney, one who will look at every aspect of the charges and give the client aggressive representation.

With few witnesses who get a clear view of the action, kidnapping charges can sometimes be difficult to turn into convictions. With an experienced defense attorney in the way, things can be made more difficult. The state must prove its case beyond all reasonable doubt. That means there can't be any holes that are unexplained.

It is the right every American has and every defendant must be afforded in the criminal justice system. The penalties are too severe, too important, for the case to be handled without the utmost professionalism and understanding of a defendant's rights.

Continue reading " Jacksonville Home Invasion Leads to Two-Hour Detention " »

The future of a 21-year-old man is now in doubt as he has been arrested and charged with accessory after the fact in a string of Jacksonville shootings, First Coast News reports.

It appears the man is charged with participating in a string of shooting at vehicles on Branan Field Road in Jacksonville. The charge of accessory after the fact is a tough crime to assess without more details. According to Florida Statutes 777.03, a person facing that charge can be punished with a first-degree felony to a misdemeanor, depending on the circumstances.

Complex criminal cases such as these require an experienced Jacksonville criminal defense attorney who has the ability to separate the fact from fiction and help a defendant get a fair shot at trial.

According to news reports, police say vehicles were shot at around 4 a.m. one Saturday and again that Sunday. One person was struck in the shoulder was treated by fire and medical personnel at the scene.

Police believe two people were shooting at vehicles from a nearby patch of woods. While the police report charging the 21-year-old offers few details, it states another person is suspected of participating in the shootings. Up to five vehicles and drivers may have been victimized.

The charge of accessory after the fact also indicates that police don't believe the 21-year-old is the main culprit, but rather his alleged co-defendant may be the most responsible for the crime.

Accessory after the fact can apply to many different charges, according to Florida law. any person who assists an offender, knowing that the person has already committed a crime, can be charged with accessory after the fact. But accessory after the fact is charged based on the charge of the co-defendant.

For instance, if a person kills someone then calls a friend and asks them to help them move the body, accessory after the fact can come into play. But the severity of the charge depends on what charge the initial offender faces. If the person is charged with capital murder, then the accessory after the fact charge would be a first-degree felony, punishable by 30 years to life in prison. If the person is charged with second-degree murder, the person who aided faces a second-degree felony, punishable by up to 15 years in prison.

The charge is actually twice as difficult to defend because defending the person charged with accessory after the fact largely hinges on the state's case of proving the co-defendant's charges. If there are holes in the case against that person, the state may not be able to prove a first-degree felony, but only a second-degree felony. That, in turn, could mean the client charged with accessory after the fact faces a third-degree felony, a much less serious charge.

This is a complex area of criminal law in Jacksonville that requires an experienced and dedicated attorney. The charges can be serious and the penalties severe, so it shouldn't be left up to just anyone.

Continue reading " Branan Field Road Shootings Lead to Arrest of Jacksonville Man " »

In a recent case out of Texas, police violated a defendant's civil rights during a traffic stop, which led to the case being sent back and a motion to suppress being granted.

The case of United States of America v. Robert Macias Jr. shows why an experienced Jacksonville criminal defense attorney is critical to making sure law enforcement officers are held accountable for their actions.

Especially when you are dealing with gun charges in Jacksonville, where prison sentences await and defendants are governed by the state's 10-20-Life law and three strikes law -- both allow for steeper penalties when guns are involved.

This gun charge came down to a traffic stop that resulted in a defendant's rights being cast aside by an officer who just couldn't shut up. According to the ruling by the 5th Circuit Court of Appeals, Macias was driving down the interstate in a pickup truck when he passed a state trooper waiting in the median on a November 2009 day.

The trooper noticed the man wasn't wearing a seat belt -- a violation of Texas law -- so he pulled the man over. When he walked up to the vehicle, he noticed the passenger also wasn't wearing a seat belt. He asked for identification and insurance and the man provided an ID, but said it was his girlfriend's truck and he didn't have the insurance on him.

Three different times, the trooper asked the man about the insurance, even though he clearly explained several times he didn't have it. The trooper also asked where they were traveling and about his work status -- all irrelevant questions to a traffic stop for not having a seat belt on. The interaction was recorded by his dashcam video.

During testimony in a motion to suppress hearing, the trooper said he asked so many questions because the man seemed nervous. He asked the man to walk to his cruiser and began asking him more questions about his work, his travel and other questions in an effort to pinpoint why the man was nervous.

How about because he had just been pulled over by police?

After talking with the driver, the trooper again acted out of order by questioning the passenger, the daughter of the man's girlfriend. He launched into a serious of questions about their relationship, how long they had been traveling, what they intended to do once they got to the Texas city they were heading to after driving straight through from Arizona. He also asked where their stuff was in the truck, why the man's girlfriend wasn't with them and other irrelevant questions.

After telling Macias he was going to cite him for the seat belt and insurance infractions, the trooper ran a background check, minutes after coercing out of the man that he had served time in prison for an attempted murder charge. The trooper had vaguely asked if he ever been in "trouble" before. After running the background check, a possession of marijuana charge came up. The man explained that the charge had been dismissed and it had been nearly two decades since he had used marijuana.

The trooper then asked the man if he had anything illegal in the truck, like drugs or large amounts of money. He protested that there was nothing, but the trooper asked for permission to search the vehicle. After finally consenting, though nervous because it wasn't his vehicle, and 45 minutes after the initial stop for a seat belt violation, the trooper found an unloaded gun and ammunition in a bag.

Some 1 hour and 39 minutes after the stop, the man was arrested. The man was indicted and during a motion to suppress the evidence, the judge denied it, saying the man was free to leave after getting the citations. The man later pleaded guilty to possession of a firearm by a convicted felon and was sentenced to 33 months in prison and three years on supervised release.

On appeal, the court ruled that the search wasn't consensual and therefore, all evidence should have been suppressed. The extensive questioning violated Macias' rights and the conviction was vacated and the man ordered freed from his sentence.

Continue reading " United States v. Macias Shows Why Police Must Be Held Accountable in Jacksonville Gun Cases " »