Jacksonville Criminal Attorney Blog

Authorities are on the lookout for a woman who allegedly robbed a Walgreens pharmacy at gunpoint recently, News4Jax reports.

Charges of robbery in Jacksonville are considered very serious in the criminal justice system and can be punished with long prison terms. When a weapon is used, whether shown or not, the suspect can face decades behind bars.

Like any criminal case, there are defenses. And a Jacksonville criminal defense lawyer is prepared to investigate and prepare a strong defense so that the defendant's rights are upheld.

Robbery and burglary are sometimes confused, but they are different crimes altogether. Robbery means taking property from a person, while burglary means stealing from an unoccupied dwelling or vehicle. In most situations, burglary is charged as a third-degree felony, which is punishable by up to five years in prison.

In cases where a person is inside the building, burglary can be a second-degree felony (15 years in prison). It's only charged as a first-degree felony if a weapon is used or a victim is assaulted.

The lowest charge for robbery is a second-degree felony. In cases where a weapon is used, it's an automatic first-degree felony, which can send a person to prison for 30 years to life. This is almost as serious a charge as a person can face in Florida.

In the Walgreens case, a woman in a black hooded jacket walked into the store on a recent Saturday night just before 9:30 p.m. The woman approached an employee at the register and held her hand under her jacket as if she had a handgun.

The news report states the woman took cash and got into a dark SUV before driving off.

The Florida Times-Union reports that other drugstore robberies in recent days have authorities believing the suspect is similar in multiple cases. The newspaper states that armed robberies at a different Walgreens and a CVS store appear to be connected.

Police say that a combination of the bad economy and the approaching holidays may be to cause for an increase in robberies citywide. Police state that robberies are up in the last month compared to the previous month.

The second Walgreens robbery happened three hours after the first. After threatening to cut the employees throat, the worker couldn't open the register and the suspect fled. In the CVS incident, 10 minutes and three miles away, a woman demanded three times that the employee open the register, who refused. The woman than left in a dark SUV.

In apparently unrelated incidents from the drug store cases, the two discount retail stores were robbed Saturday morning and Sunday evening. In both those cases, men are the suspects. In both those cases, they demanded money and ran off after employees opened the register.

Continue reading " Walgreens Robberies Have Authorities Searching " »

When you think of Thanksgiving, you probably think of turkey, all the sides, perhaps football and time with family or just down time from work.

You should also think of an increase in law enforcement patrols. Jacksonville is in a unique geographical location because two major interstates run through it. People traveling north and south on Interstate 95, the major north-south corridor from New England to Florida, could pass through Jacksonville. Those traveling east to west along the Gulf coast use Interstate 10, which runs from Los Angeles to Jacksonville.

What this means for Jacksonville residents and those traveling from out of town is that police will be out on these highways as well as local roads in search of drunk drivers. Picking up a Jacksonville DUI charge will not only ruin your holidays, but possibly your career.

Few employers are forgiving when a worker picks up a criminal charge. While DUI is perhaps considered less serious than other charges, the stigma of such an arrest can lead to serious damage to one's reputation. That doesn't include the possible penalties.

An experienced Jacksonville DUI defense lawyer knows that lawmakers have done their best to curtail this behavior simply by adding to the penalties a person can face. If convicted of DUI in Jacksonville, a suspect can face jail time, probation, fines and fees, a mandatory DUI school class as well as possibly having to install and pay for an ignition interlock device.

The Wall Street Journal is reporting that motor vehicle group AAA estimates that about 42.5 million people will be traveling the week of Thanksgiving, a four percent hike from last year. Despite higher gas prices -- up 50 cents, on average, from last year, -- people are expected to travel more.

AAA officials say that the Thanksgiving holiday will show an increase in travel from 2010, while other holidays, such as Memorial Day and Labor Day showed a drop. The economy has been to blame for lower travel this year.

And with all the vehicles on the road, law enforcement will be stepping up patrols. The Florida Highway Patrol announced last year that they issued nearly 13,000 citations between November 24 and 28 as troopers statewide were on the hunt for erratic drivers.

In the same time period, troopers made 121 DUI arrests statewide. Another 4,921 drivers were cited for speeding and 1,407 for not wearing a seat belt.

Those numbers don't include local law enforcement, who stayed off the highways, but patrolled local streets and sought to pick up a little extra revenue for their cities and counties by ticketing drivers. This Thanksgiving holiday season, drive safely and if you're impaired, don't drive. If you are arrested, call our firm so we can help.

Continue reading " Thanksgiving DUI Enforcement in Jacksonville Increased, So Beware " »

Five law enforcement agencies recently announced they have made arrests in what they are calling a major drug smuggling operation that is based on Jacksonville and reaches the West Coast and Mexico, News4Jax.com is reporting.

Drug crimes in Jacksonville can range from something as simple as possessing marijuana to having enough on your possession to be considered distribution. In extreme cases, a person can be considered a drug smuggler.

In this case, 17 people were arrested. The case began when a 29-year-old Jacksonville man was pulled over and police found $72,000 hidden in a secret compartment inside his car. Police said that the initial traffic stop led to the arrests of 16 other people on drug trafficking and conspiracy charges. Most of the people arrested are from Jacksonville, the news report states. Four other people have yet to be arrested.

Authorities are saying that the operation including selling 200 kilograms of cocaine -- with a street value of $6 million -- through Jacksonville and into Atlanta, Arizona and California. Authorities allege the drugs were transported through the United States Postal Services, through private parcel services and in hidden compartments in vehicles.

Law enforcement officers also seized nine guns, nine vehicles and $330,000 during the investigation.

In cases where an operation or scheme is alleged, prosecutors can seek monetary payments or assets on top of the prison time or probation time a person can face. This is called forfeiture.

A forfeiture proceeding is separate from the criminal case and each has no bearing on the other. In these situations, the state will attempt to prove that the assets were gained through a criminal enterprise. If a judge is convinced, the defendants could be forced to give up their vehicles, houses and other purchases.

And that process is separate from the criminal case, which can bring major penalties. When prosecutors are alleging a large-scale drug operation, the possible prison terms are usually in the decades of years, if the person is convicted. But as in any case, the credibility of witnesses will be key.

When more than a dozen people are alleged to have been involved, proving that each and every person had a specific role is critical. And showing that the operation was connected among each defendant will also play a role in the outcome of the prosecution.

Cases like these can fall apart when the police aren't able to truly show that the situation was an "operation," but rather a less cohesive scheme than they thought. That can lead to less-serious charges being filed.

Supremely important in cases like this is making sure to hire an experienced Jacksonville drug defense lawyer from the start. Ensuring your lawyer is in on the case at the beginning is critical so that research can be done and he can review your case step by step.

Continue reading " Authorities Announce Five-State Drug Bust that Includes Jacksonville " »

A 21-year-old Jacksonville man has been arrested and charged with animal cruelty after two dogs, allegedly starving and covered in feces and urine, were found tied to a porch railing at an apartment in North Jacksonville, The Florida Times-Union reports.

There have been several incidents of animal cruelty in Jacksonville in recent months and in many cases, the alleged suspects were juvenile defendants. In this case, the suspect is only 21, only a few years removed from high school.

Teens who face serious charges require the legal representation of an experienced Jacksonville criminal defense lawyer. And that representation should start as soon as your teen believes they have gotten in trouble. Before they make an incriminating statement, they should speak with a lawyer.

There are times when making a statement can be helpful, but they are rare. In most cases, not speaking to police is the better move. Everyone accused of a crime has certain rights. One of them is to remain silent. That means no one is required to speak with police, despite their best efforts to get you to talk.

In cases where people face charges as serious as animal cruelty, which can be charged as a felony in Florida, talking with police may not be the best move. Florida Statutes 828.12 defines animal cruelty as either overloading, tormenting or inhumanely treating an animal. That is the misdemeanor charge.

The felony charge means intentionally committing an act that causes death or pain and suffering to an animal. That is punishable by up to 5 years in prison, while the misdemeanor carries a maximum of a year in jail.

In this case, the newspaper's account doesn't make clear which version of the charge the man faces. Police got a call and went to the apartment one recent afternoon. A dog and a puppy were chained to the corner of the porch of an apartment building.

Police reported that the dogs were weak and thin and had flies swarming around them. Bones showed through their skin and while there was dog food in a bowl nearby, there was mold growing on it.

An animal control investigator arrived and tossed food to the older dog, but it appeared too weak to stand up to get it and instead laid down in a pile of urine, the newspaper reports. The 21-year-old said he had the dogs since June and thought they weren't hungry, which is why they stopped eating.

The man was arrested and the dogs taken by authorities for treatment and healing.

In this case, the statement that the man allegedly made will do little to help him. The average juror likely won't buy that excuse when confronted with pictures of the dogs. Saying nothing would have been the better move.

Continue reading " Jacksonville Man Faces Animal Cruelty Charges For Starving Dogs " »

The fact that any person, regardless of age, can be charged with a crime makes it so difficult when a young teenager is arrested by police.

Typical juveniles crimes include -- drug crimes in Jacksonville or theft crimes in Jacksonville. Either can lead to serious penalties.

When a young person is arrested, they are scared because they don't know what is happening to them. If they have no experience in the criminal justice system they don't realize that police officers -- whom they may have been taught are there to help -- can lie to them and that their main goal is making a case against a person, not coddling them.

They probably don't know the rights they have, such as a right to an experienced Jacksonville criminal defense lawyer or the right not to say anything to anyone about their case. No person is required to speak with police after they've been arrested.

In the case of Frances G., a 12-year-old in Rhode Island, she found out the hard way that being a kid doesn't cut you any slack.

In this case, she allegedly threw a rock or brick against the windshield of a vehicle and carved something into the side of the vehicle and admitted such to a law enforcement officer. The other issue raised on appeal was whether the mother of a girl who screamed out that Frances was committing the crime should have been allowed to testify what her daughter said aloud.

Frances was found to be a wayward juvenile by the Rhode Island court and was sentenced to probation and community service. Her mother and she had driven to a relative's house to pick up a piece of their property. When the relative wouldn't answer, they began shouting vulgarities through the door.

Then the relative's daughter shouted out "Willa is at your car with a brick" and the woman arose to see Frances and her mother driving off and her windshield smashed and something carved in the side. When Frances and her father were called by police, she was read her Miranda rights and gave a full confession, saying that her mother told her to do it. The girl's father was with her the entire time.

She appealed, with her attorneys arguing that her Fifth Amendment rights were violated when she was giving a statement and that the relative shouldn't have been allowed to testify about what her daughter shouted out -- "Willa is at your car with a brick."

On both issues, the Rhode Island Supreme Court ruled that the girl wasn't entitled to relief and that the ruling and sentence would stand.

This case shows that even if you're a 12-year-old girl, you can face the same pressures as those of an adult defendant. Police are trained to solve cases, not be nice to people they consider suspects.

Continue reading " Case of Frances G., Shows Hard Stance State Takes Against Juveniles in Jacksonville " »

A recent case out of Massachusetts shows the obligation state prosecutors have in charging citizens with crimes.

In this case, four men are facing gun charges and the police didn't secure a video tape that could have cleared their names.

Surprisingly, this happens with more frequency than one might expect. Jacksonville criminal defense lawyers have seen time and time again where police get some type of evidence in a case and manage to lose it, mislabel it or otherwise taint it.

This violates a defendant's due process rights. Every person charged with a crime has the right to examine evidence that the prosecution intends to use to try to put them in prison. It's a basic right that sometimes gets trampled upon.

In drug cases in Jacksonville, for instance, police must carefully store evidence they find in order to prove the weight, which goes a long way toward proving a person is guilty of the crime. In other cases, evidence seized may stay in a cop's trunk for an entire shift, get mixed up with other evidence or otherwise lose its authenticity.

Police are notorious for tramping through crime scenes and doing harm to their own cases and potentially denying a defendant evidence they may be able to use in their favor. When officers get a call of a violent nature, their first goal is to rush into the house and ensure it's secure and that there are no people with weapons inside.

Their second goal is to make sure that if someone is harmed, they get the medical attention they require. In the meantime, officers will leave fingerprints everywhere and trample upon potential footprints, DNA and fingerprints. This can contaminate the evidence they hope to use to find a suspect.

In the case outside Boston, The Sun Chronicle reports, four men were charged earlier this year with being involved in a gun offense outside a gas station. But rather than secure the video tape from the scene, police left it at the gas station. One officer saw it because he mentioned it in his police report.

But rather than get a copy, the gas station workers were allowed to eventually tape over the surveillance video, so the defendants no longer have it available to use in their defense. They believe the video will show that they aren't guilty. But because it's not available, they will never know.

A judge is expected to rule on whether not having the tape violates the defendants' Constitutional rights. Their lawyers are asking that the judge drop the charges against them. The judge is expected to make a decision in the next few weeks.

Prosecutors are required to ensure that all evidence that is available -- not just what is favorable to their case -- is handed over to the defense. That means that even if they speak with a witness who may not have seen anything, they should note it in a report so that the defense can speak with that person. This is essential to guarantee a Jacksonville criminal defendant gets a fair trial.

Continue reading " State Must Provide All Evidence in Jacksonville Criminal Cases " »

A 19-year-old has been charged in connection with a reported burglary in the gated Epping Forest community recently, The Florida Times-Union is reporting.

Charges of burglary in Jacksonville shouldn't be confused with robbery in Jacksonville. Burglary is the less serious of the two because it's defined as stealing from a place, whereas robbery is stealing from a person.

Burglary charges can still lead to serious prison time if a person is convicted, depending on several factors, such as whether anyone was in the building at the time of the burglary, whether a weapon was used and the value of what was stolen.

But as an experienced Jacksonville criminal defense lawyer knows, when authorities arrest a person for burglary, they try to match the style of that burglary to others in the area. People who face theft charges are typically looked at for a variety of crimes as police try to make arrests for unsolved cases.

In this case, a 19-year-old was arrested, and while he wouldn't be considered a juvenile by most standards, there are provisions that allow a young person to be sentenced as a "youthful offender" in Florida if they meet certain criteria. In many non-violent cases, if a teen isn't prosecuted in juvenile court, this can be an opportunity to face a reduced charge or not have the charge come up on their criminal history record.

But youthful offender status isn't granted in every case and it takes specific circumstances in order to work out. It's an avenue that an experienced Jacksonville criminal defense lawyer may be able to explore for a young client.

The 19-year-old was being held on $35,000 bail, the newspaper reports. Police were called by neighbors after someone spotted a man inside someone's garage in the 6700 block of Epping Forest Way North. Eventually, more officers and a police dog showed up.

The police dog tracked the man to the front gate of the community and an officer on patrol a few miles away spotted a man that matched the alleged intruder's description and stopped him. The man was walking with a computer, cellphone, iPod and glasses that police say had been stolen from vehicles in that neighborhood.

The article doesn't state what charges the teen now faces, but it's likely that theft or burglary charges could be levied against him. It doesn't appear from the article that he stole anything from the house, so he may face a less severe charge than burglary for being in the garage.

Theft charges in Jacksonville can range from simply shoplifting something to planning a crime to break into a house and stealing from people. Accordingly, the penalties can range from misdemeanors punishable by jail time or probation to felonies that can land someone in prison for years.

Either way, an experienced lawyer should be hired to help a client in this situation. Theft charges can look bad on a person's criminal record, especially a young person who is trying to get into college or have a future career. These can make life very difficult. So, fight the charges aggressively.

Continue reading " Auto and Home Burglaries in Jacksonville Lead to Arrest " »

America is a country of immigrants and as the years have passed, more and more has been made of being in the country "legally" or "illegally."

Sadly, this has had an impact on people charged with crimes and who are dealing with the consequences. For people not born in the United States, a simple conviction can put in jeopardy their status in the country.

Even something as simple and seemingly minor as a drug arrest in Jacksonville can lead to a possible deportation. That's why fighting a criminal charge is so important. There are many consequences beyond a conviction and a possible jail or prison sentence. Any person can face tangential sanctions if they are convicted of a crime.

One such case discovered by Jacksonville criminal defense lawyers is that of Moncrieffe v. Holder Jr. out of Georgia.

In this case, a man who is a native of Jamaica, but who entered the country legally in 1984 when he was 3, was arrested and eventually pleaded guilty to a charge of possession of marijuana with intent to distribute in 2008. He was sentenced to five years probation.

The Department of Homeland Security discovered the plea and took action to remoce him under federal immigration laws, saying that the controlled substance offense made him an "aggravated felon" because the conviction was considered a "drug trafficking crime." A judge ruled that the state conviction was essentially equal to a federal felony and that the man was subject to removal from the country.

An appeals court looked at the case and agreed with the lower court. It found that "drug trafficking crimes" are considered "aggravated felonies" even if the state crime is a misdemeanor. The appeals court ruled that the defendant had the responsibility in immigration court to prove that his conduct was only misdemeanor in nature.

Immigrants, even those who entered the country legally as this man did some 25 years ago, must also consider the consequences of a conviction or a plea. It is a burden they have that American citizens do not.

But that's something that must be part of the discussion with a Jacksonville criminal defense lawyer. All things must be taken into consideration when someone decides to enter into a plea agreement with the state. That is magnified for an immigrant.

In many cases, that's why going to trial and taking an aggressive approach to the case is the best bet. There is always the chance of a not guilty verdict at trial or a conviction on a less-serious charge that can keep a person in the country. A plea only guarantees the charge to which a person agrees to plead.

Continue reading " Moncrieffe v. Holder Jr. Shows That a Jacksonville Conviction Can Have Immigration Implications " »

Florida Highway Patrol troopers have arrested a 33-year-old man and charged him with vehicular homicide and DUI manslaughter in the death of a 73-year-old man, The Florida Times-Union reports.

DUI cases in Jacksonville can have obvious consequences, such as embarrassment, possible job loss and problems with family members.

But Jacksonville criminal defense lawyers have seen how the consequences can be severe in the criminal justice system as well. DUIs can include jail or prison time, DUI school enrollment and completion, alcohol treatment programs, fines and fees, probation, an ignition interlock device or other sanctions. When injuries or death occur, the penalties can be increased severely.

In this case, according to the news report, the 33-year-old was allegedly driving southbound in the northbound lanes of Interstate 95 in North Jacksonville in the early morning hours of Veteran's Day. According to police, the man's Volkswagen sedan struck a Mazda pick-up truck. The collision caused the truck to flip.

The 73-year-old driver of the truck, a man from Central Florida, was pronounced dead at the scene. The truck's driver wasn't wearing a seat belt, but the driver of the Volkswagen was.

The 33-year-old was charged by troopers with vehicular homicide and DUI manslaughter. The news story doesn't indicate what has led troopers to charge him with a drunken driving-related offense, however.

In many cases involving a crash that includes injury or death, law enforcement officers will charge someone with both types of vehicle-related deaths. Many people may look at that and be confused because there was only one death.

But prosecutors more and more are filing both types of charges and it's being allowed by judges. This lets prosecutors have the opportunity to prove either theory -- that the person used a vehicle recklessly to kill someone or that the person was driving a vehicle under the influence and killed a person.

Both charges allow a judge to sentence a person up to 15 years in prison, but DUI manslaughter charges have a four-year minimum mandatory sentence in Florida. That means a person must serve four years, while vehicular homicide is still a serious charge, but is considered more of an accident.

Unfortunately for drivers, this procedure allows the state to show either theory of prosecution, giving them the upper hand at trial. A jury can choose either charge and if they choose both, the state will likely then drop the vehicular homicide charge because of the minimum mandatory sentencing rule.

This is why taking an aggressive approach to defending against these charges is so important. The penalties are high and the consequences dire. When you're talking about a person dying and another person's liberty at stake, an aggressive defense lawyer must be hired to ensure justice is done.

Continue reading " I-95 Fatal Crash Ends in DUI Manslaughter, Vehicular Homicide Charges in Jacksonville " »

Many Jacksonville criminal defense lawyers would admit that it's not the suit they choose to wear or the questions and presentation they make, but who sits on a jury that is the most important aspect of a criminal trial.

Whether it's a case of a Jacksonville sex crime or an allegation of theft in Jacksonville, the six or 12 people chosen to sit on the jury and decide the defendant's guilt or innocence play an extremely important role.

They are called on to make an important decision regarding a person's future and must have all the facts. But what is said to them and how the court handles questioning are important in making sure the defendant gets a fair trial.

In the case of Lamb v. Alabama, critical mistakes led to justice not being done.

In this case, the defendant, James Beauford Lamb Jr., appealed his conviction of first-degree sexual abuse. During trial, the jury delivered two inconsistent verdicts as to the sexual abuse charge. The written verdict on a form given to them in the jury room found him "not guilty." In court, when polled, jurors said he was "guilty."

The jury was discharged from its duty, and under Alabama case law once a jury is discharged, it cannot be reconvened. An appeals court dismissed the defendant's appeal, but the Alabama Supreme Court ruled that the judge's decision to try to amend the "not guilty" verdict wasn't proper.

The jurors were already discharged, having left the presence of the court and were called back by the judge. The Alabama Supreme Court decided that the actions of the judge amounted to double jeopardy and shouldn't be allowed.

Even more strange about this case is that the judge was able to find only seven of the 12 jurors. When they discussed the case, that portion of the jury -- not the jury as a whole -- decided that they had meant for count two, the first-degree sexual abuse charge, to be guilty, but for count four -- a second-degree sexual abuse charge -- to be not guilty. The foreman in court mixed them up.

Looking back, the interesting part of the entire situation, once a jury has been dismissed, they are done. Their service has ended and anything that they were needed for should have been handled before then. For a judge to make decisions about the guilt or innocence of a defendant with only a portion of the jurors recalled and others not present is unjust.

It's a good thing one court in Alabama had the sense to shut down this verdict. And cases like this show that how a jury is handled and what is said to them is of extreme importance. They are not lawyers, but common citizens who may be intimidated once they step into a courtroom. They trust the judge and may be skeptical of the lawyers. If a defense lawyer doesn't stand up for his client, what the judge says can taint the jury and run over the defendant's rights.

Continue reading " All Aspects of a Jacksonville Jury Trial Critical, Lamb v. Alabama Shows " »

Police have arrested a 49-year-old Jacksonville man and accused him of molesting a 14-year-old runaway, The Daytona Beach News-Journal reports.

Sex crimes in Jacksonville typically require the testimony of a willing victim and can require DNA evidence, witness testimony and perhaps the testimony of a doctor who examined the victim afterwards.

In many cases where children are the alleged victim, the prosecution may be reluctant to go to trial, fearing that exposing a child victim to the witness stand would be emotionally scarring years after having been allegedly physically abused at the hands of the defendant.

As an experienced Jacksonville criminal defense lawyer knows, some 95 percent of criminal cases end in a plea deal offered by the state. There's no way that with the caseloads that prosecutors have -- typically 100 to 200 cases -- they could go to trial on all of them. So, they must offer plea deals.

This can be advantageous to defendants in cases where the evidence may be overwhelming against them. They know the prosecutor doesn't want to haul a child into court, but they also don't want the defendant to get a light sentence.

In cases like this, an experienced Jacksonville defense lawyer will still prepare for trial, perhaps knowing that the more doubt he can create through witness depositions and inconsistencies in police reports and other information can lead to a better plea deal for his client.

The first plea deal rarely should be taken. As the case progresses, witnesses change stories and new facts come out, the tables can turn in the defendant's favor. In some cases, a plea deal that seemed good at the beginning can seem like a bad offer in light of favorable evidence coming out. Perhaps a defendant will want to exercise the right to go to trial instead of settling for a plea offer.

In this case, The Daytona Beach News-Journal is reporting, the Jacksonville man was driving through Flagler County and was pulled over on Interstate 95 because of a broken headlight. When the deputy approached the car, he saw the driver put a jacket on to cover his bare upper body.

In the front seat, the deputy saw a young teenage girl whose bra was at the floor near her feet. When the deputy spoke with the man, he allegedly gave false information about who he was and the girl said she was 19, but wasn't able to provide a date of birth that would make her 19.

The news story goes on to say that the deputy was given permission to search the vehicle and found proper identification. The girl eventually gave her correct date of birth and it was discovered that she was a runaway from Orlando. She told the deputy the man had fondled her breasts.

The man now faces charges of lewd and lascivious molestation, obstructing justice, interference with custody and habitual driving with a suspended license. He was being held in jail on $100,000 bail.

Continue reading " Police Arrest Jacksonville Man In Case of Alleged Molestation " »

An 80-year-old woman was attacked, robbed and had her car stolen, The Florida Times-Union is reporting, and a man now faces several charges in the Jacksonville crime spree.

Charges of battery in Jacksonville can be filed for anything from a street fight to a domestic-violence situation. Police will tend to file the highest charge possible against a defendant when injuries are involved.

And there are situations where it's unclear who exactly is the victim and who is the suspect. These are the cases where an experienced Jacksonville criminal defense lawyer can step in and ensure that the defendant's rights are upheld. Independently investigating the case, looking into the credibility of witnesses and police statements and other facts is critical to proving who is at fault.

In this case, a 22-year-old was arrested and charged with prompting the attack on the south side of the city. The woman was left unconscious after the beating.

The man had blood on his shoes when he was arrested and police say he had the keys to her car on him when they found him. He now faces charges of home-invasion robbery, aggravated battery and auto theft.

The woman said that a man in his 20s came to her house twice that morning asking to use her telephone. She said he told her he had missed the bus and needed to call his mother. The second time, the woman told police, he hit her in the head until she blacked out.

An hour later, the woman came to and was bleeding heavily from her head. Her 1993 Toyota had been stolen. About six hours later, the police found the car abandoned. Within 15 minutes, they found the 22-year-old walking nearby.

The 80-year-old was hospitalized and was listed in fair condition as she recovered from her injuries.

It may be difficult for the man to show why he was holding the keys to the woman's car at the time he was arrested and why he allegedly drove it around for six hours and then left it abandoned on a street. Surely, investigators have taken his shoes and will be testing them to see if the blood on the shoes matches the woman's blood.

These charges can result in serious penalties, including decades in prison. In cases where there are injuries to a victim, the degree of the charge can increase. So, too, can prosecutors increase charges when the elderly or a child is the victim of a battery.

DNA testing is heavily relied upon by investigators and prosecutors, but there are still problems with the technology. In many cases, lab workers aren't able to say with 100 percent scientific certainty that the DNA from the suspect or victim is a match. That means there may be other people's DNA in the sample or that the experts can't say to whom the DNA belongs.

In many cases, this is a critical aspect of the case and a jury of everyday people needs to have an easy-to-understand explanation of what all the data means. An experienced Jacksonville criminal defense lawyer will be able to explain that, as well as handle all aspects of a major felony case.

Continue reading " Jacksonville Robbery, Battery Alleged in Attack on 80-Year-Old " »

Two parents were arrested in Jacksonville recently after authorities found a malnourished and abused infant dead in their home, First Coast News is reporting.

Charges of child abuse in Jacksonville will always make headlines, which can make defending a case more difficult. Anyone facing child abuse charges should have an experienced Jacksonville criminal defense lawyer on their side as soon as possible.

Florida Statute 827.03 defines child abuse in Florida and lays out the possible penalties. According to the law, child abuse means to intentionally inflict physical or mental injury on a child.

That third-degree felony -- a five-year possible penalty -- can be bumped to a first-degree felony if the person is convicted of aggravated child abuse. This means physically battering a child. To neglect a child and cause him or her to be injured can result in a third- or second-degree felony as well.

That can mean prison time up to 15 years if a person is convicted. To be charged with a second-degree felony for neglecting a child, the child must have great bodily harm, disfigurement or disability. The injuries must be severe.

In this case, the injuries led to death. According to First Coast News, the 5-month-old boy was found dead inside the couple's 103rd Street apartment. The 23-year-old father told police that the boy was lying on the living room floor when he last saw him. A few minutes later, the 22-year-old mother told him the boy wasn't breathing, according to a police report.

A medical examiner found that the boy died form blunt force trauma to his head and the boy had bruises on his face, chest, right elbow, right ear and head, and had atrophied muscles and a lack of body fat, the news station reports.

The medical examiner ruled the death a homicide, as the boy had little food in his stomach or bowels and he had fractured ribs that were healing.

The child's parents said the boy had been seriously injured months earlier, but that the only medical treatment they offered was ointment for bed bug bites. The parents said the baby wasn't under medical care and they fed him solid baby food, cereal and formula, and force-fed him milk because he wouldn't take it voluntarily.

Both admitted to smoking marijuana the night the baby died. They both currently face charges of willful child neglect causing great bodily harm.

It wouldn't be surprising to see the charges upgraded to murder, especially given their admissions about smoking marijuana, causing injuries and offering little medical attention to the ailing child. The medical examiner's determination that the boy had been bruised and battered also may lead to additional charges.

What police may be doing now is investigating to see if they can determine who was responsible for causing the head injuries that led to his death. If they can prove who delivered the fatal blow, they may be able to file murder charges. If the parents turn against each other, the police may have a way in.

Continue reading " Jacksonville Parents Arrested in Alleged Child Abuse Death " »

A late night meal turned terrifying recently when three masked men broke into a Whataburger restaurant in Jacksonville, News4Jax.com reports.

Charges of robbery in Jacksonville can lead to serious penalties if a person is convicted. If weapons are involved, the problems worsen.

Jacksonville criminal defense attorneys have defended many clients facing this tough charge. Robbery, not to be confused with burglary, is when a person steals directly from a person, usually with force. This doesn't require the threat of a weapon, but it can. Burglary, however, is generally breaking into an unoccupied building or car and stealing property.

The charges are different and so are the penalties.

According to Florida Statutes 810.02, burglary is usually handled as a third-degree felony, which is punishable by up to five years in prison. If a person is in the house at the time of the burglary, or if the suspect assaults someone, the penalties can be bumped up to second- or first-degree felonies.

Robbery, under Florida Statutes 812.13, is a second-degree felony punishable by up to 15 years in prison even if no weapon was used. So, at a minimum, a person can be sentenced to prison for more than a decade for committing an unarmed robbery. If a weapon is used, the person can face 30 years to life.

In the Whataburger case, the news station reports that three men broke into the restaurant and made workers and customers lay on the floor as they stole money before leaving the scene. No one inside the restaurant was injured.

Police say they attempted to pull over a "suspicious" car, but it fled and led police on a chase before crashing. Three men were in the vehicle and ran off. Two were arrested, but the third got away. One of the men arrested had to be treated at a hospital for injuries sustained when taken down by a K-9 officer.

Police are still investigating whether there is a connection between the car chase and the robbery. Though, it would seem to be apparent if they found masks in the vehicle or what looks like stolen cash.

It must also be investigated whey police thought the car was "suspicious" in the first place. Police are required to have probable cause when making a traffic stop. This means they must see a traffic violation or have more than a "hunch" or suspect a car is "suspicious" before they try to pull it over. In cases where a "be on the lookout" has been issued for a make and model of car, that might qualify as reason enough to pull over a car, but saying it looked strange might not cut it.

That may be an avenue for a Jacksonville criminal defense attorney to look at once the case progresses. It may be possible to file a motion to suppress, which could eliminate all evidence police collected.

Continue reading " Jacksonville Police Investigate Whataburger Robbery, Crash " »

A 20-year-old Jacksonville man has been arrested and charged in connection with a robbery and shooting at an Orange Park apartment, The Florida Times-Union reports.

Drugs and guns tend to go hand-in-hand in criminal enterprises, which gives police and prosecutors plenty of avenues to charge individuals accused of these crimes. Along with many possible drug charges in Jacksonville, such as possession, distribution, trafficking, buying, possession of drug paraphernalia or even racketeering, prosecutors can also tack on gun charges, such as carrying a concealed weapon, possession of a firearm by a convicted felon and others, most of which are felonies.

These charges can lead to potential serious prison sentences if not aggressively defended by a skilled Jacksonville criminal defense lawyer. Ensuring that the client's rights are upheld and that the evidence police intend to use is credible are two of the top concerns of a defense lawyer.

In this case, a 20-year-old, who lives in the 8000 block of Renault Drive North, is now charged with aggravated battery with a deadly weapon in the alleged attack October 22. A man was robbed and shot twice in his Orange Park Apartment, 2020 Wells Road.

According to police documents, investigators believe the shooting was the result of a drug deal. The alleged victim was hospitalized and expected to recover. The newspaper first reported that detectives believed it was a case of home-invasion robbery.

So, police have already made two allegations that they haven't been able to prove. First, they said they believed the case to be a robbery, yet the defendant isn't charged with robbery in any form. Second, they believe the case to be related to drugs, but they haven't made any drug-related arrests.

These are points that may be brought out at trial to show that detectives may have been going on a fishing expedition in order to bring charges against the suspect. It's possible that victims of crimes can embellish in order to get another person in deeper trouble than they are already in. Alleging that drugs were involved can do just that.

If police believe they have evidence that a victim knew the person who shot them, detectives may consider their credibility higher than a person shot by an unknown intruder. So, if they make additional allegations, it could lead to additional charges, which means possible increased penalties.

Shooting are serious crimes, but police still must have sound evidence in order to bring charges. Ballistics, which can match bullets to guns, are a key piece of evidence, supposing officers recover a weapon. Eyewitness identification can be spotty in shootings, especially in a crowd. An admission by a suspect is the strongest evidence police can have, so keeping quiet is important for suspects.

If you are arrested, the first thing you should do is ask for a lawyer. Don't attempt to talk your way out of the charges -- detectives have heard just about everything. Ask for an attorney by using your right to silence and discuss the case with him first. A Jacksonville criminal defense attorney can advise you of your rights and help you decide whether or not to talk to the police.

Continue reading " Jacksonville Man Accused in Drug-Related Shooting " »

An eight-year veteran of the Neptune Beach police department was recently arrested and charged with participating in an illegal gambling operation, The Florida Times-Union reports.

The 41-year-old detective now faces a charge of being a keeper of a gambling house, a third-degree felony in Florida. Her 54-year-old boyfriend is also charged. Two others were previously charged.

Illegal gambling in Jacksonville has taken many forms over the years. But as lawmakers wrestle with regulations on casino-style gaming at Native American reservations, the issue resurfaces year after year.

Jacksonville criminal defense attorneys are prepared to defend a variety of criminal charges related to gaming. According to Florida Statutes 849.01, keeping a gaming table, room or machine for a person to gamble is considered punishable by five years in prison.

According to the newspaper, the detective owned a game vending company in Jacksonville. The company's web site states that it operates a 6,000-square-foot showroom with pinball machines, pool tables and video poker.

According to a police report, the company's machines were installed at several bars in Clay County. After deputies investigated, the two other suspects in the case were observed installing the machines and retrieving money from them. Deputies said the company owned by the police officer and the bars would split profits 50-50.

The woman's supervisors say she has been an outstanding police officer and her attorney claims he doesn't know what she is accused of doing. She has denied wrongdoing and has been released on $2,500 bail.

First Coast News is reporting that the charges stem from the officer's business using gaming machines illegally by allowing people to play for money. In most video poker or video slot machines throughout Florida, users must play with money, but can't win actual money from the machines. In many cases, the companies give out gift card or pre-paid debit cards, but not actual cash.

This is a legal way of getting around the Native American's strict grip on gaming in Florida. It's unclear what the crime here was since the news media reports that deputies only observed workers taking money out of the machines, not anyone actually winning real money when they played.

It will be interesting to see how this case plays out. It isn't illegal for a police officer or anyone else to run a business as a side job and it's sad that this officer's name is being dragged through the mud. Police detectives must have solid proof before they make an arrest. They may not take into consideration that an arrest can ruin a person's reputation and their life.

Once arrested, many in the public think defendants are guilty, even before any proof has been established. It is critical that a Jacksonville criminal defense attorney get involved as quickly as possible in order to begin working the case quickly. This can only lead to good things for the defendant. Waiting too long can hinder a person's ability to mount a defense.

Continue reading " Neptune Beach Police Officer Arrested in Alleged Gambling Operation " »

Two men have been arrested and Jacksonville police believe they are responsible for a rash of car burglaries in San Marco, News4Jax.com reports.

Theft-based crimes, such as car burglary in Jacksonville, are typically handled as serial crimes by police. That means that detectives often believe that a person who commits one crime is likely responsible for others.

Investigators typically assume that a person is responsible for a string of crimes if they make an arrest. Sometimes they have proof and sometimes, as Jacksonville criminal defense lawyers have seen, they have nothing but a desire to get old cases off the books.

For police departments, in general, making an arrest is good enough to clear out an old case and make their statistics look better. The fewer open cases they have, the better it makes the department look. But officers must have some proof to charge a person with a crime and it's up to a lawyer to hold the state, once prosecutors get the case, to an even higher standard.

Police must have probable cause, which is a reasonable suspicion that a person has committed the crime, to make an arrest. It's not much, but it still is a standard. Prosecutors must prove a case beyond all reasonable doubt, which is an even higher standard of proof.

So, charging a person with a string of crimes comes with some responsibility. A person can't be a suspect simply based on an area of town, a type of burglary tool used or the "motive" behind hitting a certain type of house, car or business. But it happens.

In this case, two men -- ages 18 and 22 -- were arrested and charged with car burglaries in the San Marco area of Jacksonville. Police are saying that they found what they have deemed stolen property on the suspects and believe that the quantity means there may be other victims.

Police based these arrests on a witness who followed two men after they allegedly broke into the woman's neighbor's vehicle. After she followed them, she called 911 and told dispatchers where the men were turning. When police stopped them, they allegedly found CDs, sunglasses, a backpack and a GPS device.

From the woman's description, it appears she saw men walking down the street, but didn't see them break into a vehicle. She said she followed them because they looked suspicious and drove off after she spotted them.

There is a difference between car burglary and grand theft auto, however. Car burglary means to break into a vehicle and steal things from it, such as money, a laptop or other electronics. Grand theft of a vehicle means to break into the vehicle and actually take the vehicle.

Car burglary is typically filed as a third-degree felony, which is punishable by up to five years in prison, if no weapons are used and no one is inside the vehicle. Grand theft of a vehicle, depending on the value of the vehicle stolen, can be punished as either a third-degree, second-degree or first-degree felony.

Continue reading " Car Break-Ins Lead to Arrests of Two In Jacksonville " »

Jacksonville news media recently reported that a 24-year-old man was charged with three counts of lewd exhibition and one count of exposure of sexual organs in a case where police believe he committed several sex crimes in Jacksonville while driving a Volkswagon Beetle.

News4Jax.com reports that the incidents happened from January to October in different parts of the city. Police believe the intended targets were teens.

According to Florida Statutes 800.03, exposure of sexual organs is a first-degree misdemeanor. it means to expose one's sexual organs in public in an "indecent manner."

Lewd exhibition, according to Florida Statutes 800.04, lewd exhibition means to intentionally expose oneself, masturbate or commit a sex act in the presence of a person under 16. This is punishable as a second-degree felony, which can mean up to 15 years in prison. If the offender is under 18, it is a third-degree felony.

There have been incidents that Jacksonville criminal defense lawyers have seen where a person is caught outside naked all of a sudden turns into criminal charges. If arrested, that person's jail mug shot could be online forever. They have criminal charges on their record, whether they are guilty or not.

And if they are convicted, there is a possibility these people could end up having to register as a sexual offender, something that can remain for life. Even minor sex-based crimes can result in a lifetime as a sexual offender. This means that a person not only must have their face, name, address and other information about them stored in national and state databases, but they must regularly be in contact with law enforcement.

Typically, sex offenders must tell the police and sheriff's departments in the city or county they live in where they live. If they move, they must tell the old county and city as well as the new county and city. If they don't, they could be arrested and thrown back in jail and face new felony charges of not reporting as a sexual offender.

That's why these charges must be aggressively defended. Being labeled a sexual offender can ruin a person's life, whether the charges are warranted or not. This remind us of a case in South Florida, where a federal prosecutor was at a bar and jumped in a pool in his gym shorts. As he got out of the pool, they slipped and a woman and her child were exposed. The prosecutor was charged, though charges were eventually dropped. Think of what that could have done to his career and life if he was fully prosecuted for such a "sex" crime?

In the Jacksonville case, according to police, the 24-year-old admitted to his actions and on more than half a dozen occasions had pulled up to girls, talked to them and began masturbating. After making a composite sketch, police are looking for more alleged victims.

Continue reading " Minor Jacksonville Flashing Cases Can Have Major Long-Term Consequences " »

Police have arrested two men and charged them with second-degree attempted murder after a shooting spree in a commercial strip center parking lot, The Florida Times-Union reports.

Charges of attempted murder in Jacksonville can sometimes be grossly exaggerated by police officers. The line between aggravated battery and attempted murder sometimes is razor thin and yet there is a large disparity between the possible punishments.

Filing decisions made by prosecutors after gathering information aren't set in stone and an experienced Jacksonville criminal defense lawyer may sometimes be able to talk things over with the prosecutor, pointing out problems with the case and be able to get charges reduced before trial. Sometimes, it doesn't work out and only a trial can sort out the true facts.

In this case, a 19-year-old and 25-year-old were arrested by police after allegedly participating in the recent shooting. Officers were working an undercover operation when they heard gunfire, the newspaper reports.

After looking in that direction, officers said they saw one of the men fire a pistol at the other. As the alleged victim of that shooting ran away, he was picked up in a Chevrolet Impala and he began firing back. The initial shooter ran away.

Police pulled over the Impala. Later, a man suffering from gunshot wounds walked into a hospital with non-life-threatening injuries. The newspaper previously reported that three people were in custody, though they only announced two arrests.

In cases where there is a shootout between individuals, officers will usually look to see if there are gang ties between the alleged shooters to try to find the bad blood between them. Detectives will hit up their neighborhoods and try to find witnesses -- providing first-hand knowledge or not -- who can try to paint a picture of why the two would be willing to shooting each other.

If they get any hint of a reason to prove this wasn't a chance meeting and perhaps it was a one-time argument over something, police may consider charging the suspects with attempted murder.

As Florida Statutes 782.051 reads, attempted murder is committing a felony and during the commission of that felony committing an intentional act that could kill another person. It can be charged as a first- or second-degree felony. That means a person could face up to life in prison, if convicted.

But aggravated battery, according to Florida Statutes 784.045, means committing a battery with a deadly weapon. This means causing great bodily harm, disability or disfigurement with a deadly weapon. It is a second-degree felony, punishable by up to 15 years in prison.

Police must prove that a person was committing another felony when they attempted to kill someone to prove attempted murder. To prove aggravated battery, they could show that a person simply was shooting at another person. But police often arrest people on a charge that is the highest penalized, knowing that prosecutors could reduce the charges once they get the case report.

And a qualified Jacksonville defense attorney will then look at the evidence and it will be his job to look at the police reports, witness statements, ballistics tests, crime scene evidence and reports and other evidence provided by the state to ensure a defendant's rights are upheld and that they aren't over-charged by the state.

Continue reading " Two Charged After Jacksonville Strip Mall Shooting " »