Jacksonville Criminal Attorney Blog

Jacksonville residents, as well as most residents in general, have misconceptions about taxes: what is taxed, what is not taxed, and what to put on the tax returns. However, evading taxes can be one of those costly and life-wrecking charges ever if one does not have an experienced attorney at their side to fight for their case.

According to the Huffington Post, seven Fort Lauderdale residents are facing federal tax fraud charges in a $120 million scheme involving 180 clients from 30 other states. The scheme was said to be based on a false argument that taxpayers are not responsible for debts on home mortgages and credit card bills.

Tax evasion cases can result from a number of different scenarios; most are very common and simple acts of wrong doing. Tax evasion can come in many forms, be it from not filing one’s tax returns, filing false information on one’s tax returns, falsifying tax related documents, owning a business and not collecting employment taxes, or any activity in general that is in any way evading of defeating the tax system.

The Internal Revenue Service is most times looking to collect the taxes owed, plus interest owed if one is late on their taxes. However, if the IRS has any reason to suspect that you are trying to evade tax payment at all, then the IRS will pursue criminal charges against you.

The IRS realizes that the average everyday citizen makes mistakes on their taxes returns, makes errors on documents, and most of the time may not even realize it. The IRS will look to the type of activity that they see is occurring with your taxes. These kinds of activities may include:

- failure to cooperate with taxing authorities
- engaging, concealing, or hiding illegal activities
- hiding assets
- understating income
- failing to file tax returns
- dealing in cash

If the IRS believes one to be evading payment of taxes, one will be charged with criminal tax evasion, a felony charge which brings up to $500,000 in fines and up to 5 years in jail per charge.

In the case of the seven Fort Lauderdale residents, two could be facing up to 215 years in jail. The reason for such a high prison term is because their tax evasion scheme involved 180 clients, who filed 380 false tax returns for which these two are responsible, for which these two have received multiple charges for.

Many times in Jacksonville, people are in a rush to file their tax returns and end up making mistakes. Others are trying to save a few dollars here and there with their taxes by undercutting their income a small amount. Whatever the situation, when the IRS comes knocking, one should contact an experienced Jacksonville tax crimes lawyer to fight for their case and make sure their rights are protected.

Continue reading " Seven Florida Residents Charged In Federal Tax Evasion Scheme " »

According to the Miami-Herald, Stephen Saftler, a Fort Lauderdale man, has been charged with 51 counts of child pornography, uncovered during an undercover task-force investigation. Saftler will be facing some horrid charges and penalties unless he obtains an experienced attorney to fight for his case and present his best defenses.

Saftler was an employee of the ESMO company, a medical equipment company, which had been the owner of the IP address that was used to track down the child pornography. The South Florida Internet Crimes Against Children Task Force, in conjunction with an undercover detective, were able to find hundreds of pictures and videos of children being sexually abused by adults on Saftler's work computer.

Jacksonville child pornography cases can be some of the most gruesome cases out there. No one likes to see children hurt and abused in the manner in which they are in child pornography. However, this does not deprive the accused of the right to the best defense possible.

There are both state and federal charges available for the defendant to be charged under; however, typically a defendant charged with possession or distribution of child pornography will be charged under federal law. The reason for being federally charged is that with computer crimes involving the Internet, the crime itself is not usually isolated to one state or another, and more so all of the states together.

Even if one is to be federally charged, one can still be charged under state laws. State laws against child pornography tend to be less harsh than the more extensive federal laws; however, both are very harsh.

There are many factors that would establish whether a person found guilty of child pornography based on a federal charge should be given a lighter or heavier sentence. Some of these include:
- criminal record
- whether the defendant is willing to turn evidence against other possible defendants
- willingness to cooperate with prosecution

In many cases, when investigated for child pornography, the accused’s life will be turned upside down in a matter of seconds. Police will be asking questions, personal computers will taken, work computers will be taken, and the investigators will be searching the accused’s home looking for evidence.

One might think that if one works with the police as quickly as possible without resisting that one is willing to come clean and as a result, have an easier time with the entire investigative process. However, cooperating with the police will not ensure this. The best thing to do in this situation is not cooperate until you have contacted an attorney.

In the case of Saftler, he had no choice but to give up his work computer to the task force in charge of the investigation. However, had the computer been his private computer, Saftler would have been able to obtain an attorney first.

There are many times in Jacksonville where people are accused of sending, receiving, buying, and selling child pornography. Some of these people are the victims of wireless Internet theft; others are people who have made the mistake and yet not have the best defense presented for them. No matter what the particular situation, one should acquire an experienced Jacksonville child-pornography defense attorney to fight for one’s case and make sure one’s rights are protected.

Continue reading " Florida Man Charged With Child arrested on Child Pornography Charges During Task Force Investigation " »

People get angry. People say things they do not mean. However, when people hurt people out of anger, there can be some major consequences to those actions. Many times, this anger is expressed through battery. When one is charged with battery, one should obtain an experienced attorney to fight for their case and make sure their rights are protected.

According to the Florida Times-Union, James Brannigan Jr., a Flagler county man, has been charged with beating up his girlfriend with a baseball bat. The man had previously been on a no-contact restraining order, forbidden from seeing his girlfriend.

In many battery/domestic violence cases, the victim and accused are fighting over money, family matters, or illegal activities. In any case, typically the accused strikes out of anger or betrayal. In this case, it is possible that the man and the victim were fighting about drugs, though not confirmed, as the Flagler County sheriff’s department found a three-foot tall marijuana plant in the closet of the victim’s home.

Assault and Battery are very common charges in domestic violence cases, though not to be confused with each other. An assault is an intentional and unlawful threat by act or word to hurt someone, and the person threatened must fear that the violence threatened is imminent.

Battery is different from assault in that with a battery, one actually and intentionally touches a person against their will and causes bodily harm to that person. In other words, to be charged with assault, you do not have to touch the victim; to be charged with battery, you do have to touch the victim.

Brannigan was charged with aggravated battery, a steeper charge of the battery type. Aggravated battery in Florida, according to Section 784.045 of the Florida Statutes, is when the person committing the battery causes great bodily harm to the victim, permanently disfigures the victim, or permanently disables the victim. This can be through causing broken bones, crippled limbs, scars and so forth.

In this case, the reason Brannigan was charged with aggravated battery was because he broke the victim’s nose and crushed her foot. The victim will hopefully be able to recover from her injuries. However, Brannigan will most likely not be able to recover from the fact that he will be charged with a second degree felony, be stripped of his rights, will have a hard time finding a job after his sentence is up, and will face the many other consequences of being a felon.

Continue reading " Florida Man Arrested in Domestic Violence Case " »

As Jacksonville and it’s citizens are gearing up for the holiday season, a time of celebration, joy, and memories made, the Florida Highway Patrol is gearing up their officers for the other memories made: traffic tickets and DUI Arrests. According to the New Port Richey Patch, the Florida Highway Patrol has made 67 arrests during traffic checkpoint operations.

According to the Patch, the Florida Highway Patrol organized the checkpoint on U.S. 19 in New Port Richey, lasting for around 6 hours, from 8pm to 2am. The plan was taken on by not only the State authorities but local highway patrol and county Sheriff’s departments. This checkpoint program was targeted and assertive in cutting down drinking and driving according to the Patch.

Jacksonville DUI crimes are very common, unfortunately, around the holidays. For some, it’s dipping into too much of the wine the family put out for Christmas; for others, it’s ringing in the new year with no memory of the last year. No matter what the particular reason is for the excessive libations, there are consequences to driving while intoxicated.

As Florida DUI laws are becoming more and more tough, there are some penalties and consequences one should consider before drunkenly putting the keys into the ignition:

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

States are becoming more and more strict on what the legal limit is for driving impaired. In Florida, the maximum legal blood alcohol level a person can have for driving is 0.08. In the event that one’s blood alcohol level is above 0.15, the Court, subsequent to Florida Statute 316.193, is required to install an ignition interlock device.

An ignition interlock device’s main purpose is to make sure that the person convicted of the DUI is deterred from driving drunk again. The device forces the driver of the vehicle to give a breath sample before starting the vehicle. This breath sample must be at maximum 0.05. The device is also designed to force randomized testing while the car is running. These tests can be a major pain and hassle to one’s daily life.

Ignition interlock devices are quite costly. If one is required to have an ignition interlock device installed, one must pay a $12 interlock fee, a $70 installation fee, a $100 refundable deposit, a $5 insurance charge, and a $67.50 fee for monthly monitoring and calibration of the device.

Continue reading " Jacksonville Residents Beware Of Drinking And Driving This Holiday Season " »

Young Jacksonville residents love to have fun, be active, and sometimes express their feelings in a very obvious manner, be it through toilet papering houses, forking yards, or drawing graffiti on walls. However, many residents do not appreciate this type of expression. The legal system does not appreciate this type of expression either, and as a result, there can be steep consequences to these expressions.

Criminal Mischief is a crime common to every age group, and as a result, the legal system does not typically take this type of crime lightly.

According to Florida Statute 806.13, a person is charged with criminal mischief when they intentionally and maliciously damage someone’s property, be it through graffiti, arson, or some other form of vandalism.

There are many different types of criminal mischief, as well as many different punishments for each of them. However, without an experienced attorney, one will have a tough time with the penalties for the charge.

Under Florida Statute 806.13, if the damage caused to the property is less than $200, one will be charged with a second degree misdemeanor, punishable by up to 60 days in jail and $500 in fines. If the damage to the property is between $200 and $1,000, the jail time is increased to a year, and fines are increased to $1000. If the damage is more than $1,000, then one will be charged with a 3rd degree felony, which carries up to 5 years in prison and $5,000 in fines.

Criminal Mischief in Jacksonville comes in many forms, but the most common is graffiti. If a person is convicted of criminal mischief involving graffiti, the person will have to pay a fine of $250 for the first conviction, $500 for the second conviction, and $1,000 for the third conviction.

In addition to the extreme amount of fines and jail time one can face, if one is a minor, one’s parents can be held liable for all fines the Court assesses, and, if one has a driver’s license, one can have one’s license suspended for up to a year.

These steep penalties may not seem like something too horrible, but when placed together in a very common situation, they can be very horrible. Take a 16 year old male in his junior year at a local Jacksonville high-school for example. A young man with his entire future ahead of him, a prom to prepare for, friends, and probably a girlfriend. One day this young man, while hanging out with some friends, decides to spray-paint a concrete wall with a symbol from one of his favorite bands.

The young man in this situation would be charged with probably a first degree misdemeanor, be subject to up to a year in jail, $1,000 in fines, an extra $250 fine if this criminal mischief charge was his first offense, and possibly lose his driver’s license for up to a year.

Not only will this young man have to start out his professional life with a criminal record, but his life will be in effect wrecked by the time, energy and money spent dealing with this rather simple crime.

Continue reading " Juveniles Face Harsh Penalties For Criminal Mischief in Jacksonville " »

Jacksonville is a city that is full of people who are young to old, big to little, small to large. Each and everyone within this city has their sexual attractions, and unfortunately for some, attraction can become a driving force, making impulse overtake reason. Sometimes the actions people take based on these sexual attractions can be illegal. When this happens, one should acquire an experienced attorney to make sure one’s best defense is presented.

According to the Lakeland Ledger, Matt Thompson, a 30 year old high school football coach, has been charged with having sex with a 17 year old female student who attended George Jenkins high school, the school Thompson worked for. The alleged sexual encounters had happened at the coach’s house in Lakeland.

In many sex crimes cases, the person charged with a crime is simply someone who acted unwisely on impulse. Many of these kinds of cases involve teachers who give into temptations they have and are aroused by mature looking women or men who attract them. For many, it is hard to say no.

According to the Ledger, Thompson went to his first appearance hearing, where the Assistant Prosecuting Attorney requested Thompson post a $200,000 bail. The Prosecutor implied that the position Thompson held as a coach gave him power over the student. Furthermore, a Polk county sheriff’s detective testified that he believed the community’s children would not be safe if Thompson is released.

Cases such as this are the more common cases that the everyday citizen would see on a television program such as Law and Order. Like Law and Order though, Prosecutors and witnesses used for the state can tend to be overzealous and sometimes unreasonable. No one is excusing the behavior of this man. However, reasonability is a principle that sometimes escapes prosecutors.

Sometimes in sex crimes cases, Prosecutors, witnesses and even the accusing party can embellish facts or spin facts to make it seem that the act was not solicited and that the defendant in the case is a danger to not only the accused but to society’s children on the whole. However, in many situations, this is not the case.

Even if the accusing party cannot spin the facts in order to win the case, the accusing party will often try to imply dangers that accused might pose to society if released on a smaller bail.

In this case, the Prosecutor requested Thompson post a $200,000 bond, because Thompson was an alleged danger to society, because of Thompson’s weight and authority over the student, and because Thompson was well known at this major high school. However, just because the high school is well known, that does not mean that Thompson should be treated any different than that of any other defendant charged with the same crime.

Continue reading " Florida High School Football Coach faces Jacked up Sex Crime Charges " »

In Jacksonville, juveniles can face major punishments for violent crimes, such as homicide. However, non-homicidal crimes sometimes carry major punishments as well. It is important for juvenile offenders to know their rights when being sentenced for a non-homicidal crime, particularly in Jacksonville.

Juvenile Crimes in Jacksonville typically tend toward the non-violent, particularly theft and drug crimes. However, the court system tends to be tough on crimes such as these, because the system wants to make sure that juveniles in Jacksonville learn their lesson and that those offenders will not do that crime again. Unfortunately, some courts have attempted to make sure that these offenders never do anything ever again outside of prison.

Graham v. Florida shows a juvenile's right of protection from being sentenced to life imprisonment without possibility of parole for a non-homicidal crime. In this case, Terrance Graham, a 16 year old boy, was charged and plead guilty to armed burglary and attempted armed robbery. Graham was sentenced to two back-to-back 3 year probation terms, which he violated.

Graham went through a trial court sentencing hearing where he received the maximum sentence for his crimes: life imprisonment for the first charge and 15 years for the second charge. Graham challenged his sentence under the Eighth Amendment saying that his punishment was cruel and unusual because his crime was non-violent, his punishment was excessive, and he could not be released on parole.

In Florida, the legislature has abolished the parole system, leaving no realistic opportunity for an offender to be released from a life imprisonment sentence. The only option that an offender has for release in Florida is a grant of executive clemency from the Governor of Florida. These grants are not given often. Therefore, if someone is sentenced to life-imprisonment, most likely, that person is not going to get out.

The Florida legislature abolished the parole system because of Florida’s increasing tough on crime policy. The original target was violent offenders, who many in the Florida legislature felt would do best to serve their remaining sentence in prison for the crimes they had committed, rather than having the possibility of getting out of prison early or at all for some major offenses. However, abolishing the parole system also keeps non-violent/non-homicidal offenders from being released as well.

This is the future that Graham was facing. However, the Supreme Court ruled in this case that the Constitution does not allow someone to be sentenced to life-imprisonment without the possibility of parole when that person did not commit homicide. The Court said that the state does not have to guarantee release for a non-homicidal offense, but if the state, in this case, Florida, is not going to have a parole system, the state has to provide the offender a realistic opportunity to be released before the end of the sentence.

Continue reading " Graham v. Florida Shows Juveniles’ Sentencing Rights In Jacksonville " »

Florida Representative Jim Boyd filed House Bill 947, requiring a mandatory minimum prison sentence on convicted felons if they are caught carrying a gun, are attempting to commit a crime with a gun or are in commission of a crime with a gun, the Bradenton Herald reports. As Florida is now gearing up its gun crime laws, one should gear up one's defenses to those laws.

The bill, proposed by one of Florida’s more pro-prison representatives, will be an amendment to Florida’s current 10-20-life law, which set minimum prison sentences for anyone convicted of a gun-related crime.

Jacksonville gun crimes may seem like very specific and overt acts, such as robbing a store with a gun or pulling a gun on someone during a fight. However, gun crimes can be very broad yet simple, such as merely having a gun in a vehicle one is driving.

Under Federal Statute 18 U.S.C. §922, if a person is convicted of a felony, that person cannot possess a firearm or ammunition. This law is typically meant to protect citizens from those felons who would be violent if they were allowed to possess a firearm. However, not all felons are violent.

Take this situation for example: Someone is convicted of grand larceny, typically a non-violent felony; the person serves their time and is released. Six months later, the same person is stopped while driving somewhere by a police officer; the vehicle is searched, and ammunition is found in the glove compartment, but no gun. Under federal law, that person is guilty of possession of ammunition by a felon, a gun related crime. Under the 10-20-life law, this felon will receive a set minimum prison sentence, which will soon be enhanced, if House Bill 947 is passed.

In these sorts of situations, felons will be facing major sentences for relatively minor offenses that fall under the felony category. The light at the end of the tunnel can seem dim or non-existent. If one obtains an experienced Jacksonville gun-crimes lawyer to mount the best defense possible, one will have a better chance of making it out of the tunnel with hope for the future and putting the gun charge in the past.

Continue reading " Jacksonville Firearm Felons May Face Harder Times in Florida " »

Around the holiday season, the air is filled with the smell of cinnamon and the sounds of Christmas music. Many are shopping for gifts for friends and relatives. Unfortunately, some are tempted to rob, burglarize or shoplift. If one is involved in something like this, one should gain an experienced Jacksonville criminal defense attorney so one knows the rights they have.

Jacksonville theft crimes can range anywhere from simple shoplifting at a department store to breaking into a bank. In any case, the penalties can be severe. One should know the difference between these two offenses and what one’s rights are with each offense.

Robbery and shoplifting are commonly confused with burglary; however, they are different acts. The act of robbery is when someone steals something from someone else, typically by force. Burglary, on the other hand, is where someone breaks and enters into a building or car that is unoccupied, and steals property.

Florida is particularly tough with theft crimes. Robbery, under Florida Statute 812.13, is a second-degree felony punishable by up to 15 years in prison even if no weapon was used. So, at 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.

According to Florida Statute 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.

In Jacksonville, some judges can be particularly tough on theft crimes, more so than other judges. These situations can sometimes leave some first time offenders in worse situations than second or third time offenders, depending on the judge they come before. In these situations, one needs an experienced and knowledgeable Jacksonville theft crimes lawyer to mount the best defense possible, so that no matter what Judge one goes before, one will have a better chance of lessening the charge, sentence or possibly being acquitted of that charge.

Continue reading " Jacksonville Residents Warned of Consequences of Shoplifting This Holiday Season " »

Jacksonville can be one of the busiest cities in America, especially during the holiday season. This city is filled with people going here and there, giving and receiving, and stressing for the holiday rush. Unfortunately for some, this time will also include criminal charges, such as shop-lifting or DUI charges. However if one is able to seal and expunge that record, the record may not effect them in the future.

Florida Statutes 943.0585 and 943.059 list the criteria that allow an adult’s record to be sealed and/or expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

Aggravated Assault
Aggravated Battery
Arson
Assault
Murder
Kidnapping
Sex Crimes on a child under 16
Burglary
Robbery Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Carjacking
Stalking
Domestic Battery
Manslaughter
Rape
Any Attempt at the above crimes

The above mentioned crimes cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one’s record, one must first apply for a Certificate of Eligibility. By receiving this certificate of eligibility, one’s record is then allowed to be sealed and/or expunged.

Unfortunately, even if one’s records are sealed and/or expunged, the order to seal and expunge one’s record only applies to the government. There are many ways other than through government agencies that a potential employer might find your records. However, going through the process of sealing and expunging your records can better ensure your chances of complete privacy with your records.

This process can be long and exhausting. Having an experienced Jacksonville criminal defense attorney help one seal and expunge one’s records can speed up the process and make the road not so long and winding.

Continue reading " Criminal Records May Not Hinder Jacksonville Residents Thanks To Sealing and Expunging " »

A Florida man was captured after a year-long hunt by U.S. Marshal Florida Regional task force personnel outside of Gainesville, the Sarasota Herald Tribune reports.

Florida is full of interesting and exhilarating cases, but Jacksonville DUI Crimes cases can be some of the most interesting. However, these cases are still very traumatic.

DUI-Manslaughter crimes can carry steep penalties, not only legally but also personally. One can lose their job, their freedom, their reputation, and sense of livelihood. This is just the start however. Legally, in Florida, the penalties are severe, including car impoundment, driver’s license suspension or revocation, DUI school improvement, court fines and fees, ignition interlock device installation and monthly access fees and other penalties. One must contact an experienced Jacksonville DUI defense lawyer to guarantee their rights and defenses are known and protected.

This case involved Daniel Garcia, a St. Petersburg man who was arrested at a motel after a year-long man-hunt by authorities throughout Florida. One year before his capture, Garcia, drove a van through a red light, striking the victim’s truck on the passenger side, killing the victim.

One of the rights of a person charged with a DUI is to refuse a breath test. When one is stopped for suspicion of a DUI and refuses a breath test, that person will be held in jail overnight and charged with a civil penalty rather than a criminal penalty for driving under the influence. Furthermore, one’s license will be suspended.

When a person is involved an accident and must be taken to the hospital under suspicion of a DUI one’s blood alcohol level is taken. Like unto refusing the breath test, one cannot be arrested for the crime until blood alcohol tests are received from the Florida Department of Law Enforcement. This process can take up to three months to complete. Until that time, one cannot be held in lock-up.

However, this right does not mean that one should run away. In many cases, people charged with DUI’s or other substance related offenses will try to flee the state or city in which they were charged. This is not the best course of action. The Prosecuting party in these cases will try to use this act of fleeing as a way to prove one’s guilt. By not fleeing, one only helps oneself and helps one’s experienced Jacksonville DUI attorney in providing the most affective defense against one’s charge.

Continue reading " Florida Man Captured After Year-Long Hunt In DUI-Manslaughter Case " »

According to the Miami Herald, the Florida Senate committee passed a bill that will ease the strain on drug crime sentences. This bill made it possible for drug offenders to go to rehabilitation centers after serving only half of their sentences. The Senate staff said that the bill was an initiative to have more and more first and second time drug offenders moved out of jails and prisons and into rehabilitation centers where they can become productive members of society again.

Jacksonville drug crimes can range from distributing illegal substances like marijuana to simple possession. However, the crime’s punishments can be harsh. If one is facing a drug charge, one should have an experienced Jacksonville drug crimes lawyer to represent, defend, and ensure their rights and options are known and protected.

Drugs can seem like an easy escape from reality, but the reality you face as a drug offender can be something that no high can shake you from. When one is arrested as a drug offender, it may seem as though the walls are closing in, and for some, they only see bars in their near future. However, if one is arrested for a drug crime in Jacksonville, one has options. One of these options is a straight plea.

A straight plea is a mercy of the court plea. In other words, rather than taking a plea bargain from the charging party, typically the State Attorney’s office, one’s attorney pleas directly to the Judge for a hopefully lighter sentence. This option is particularly useful if the drug charge faced is the first or second charge that person has been charged with.

The person charged does take a risk, however. When one uses a straight plea option, one opens up all of the time limits for that charge. In other words, someone who pleas straight to the court could be facing anywhere between the minimum and maximum sentences of that charge. But, if one has an experienced Jacksonville drug crimes lawyer at their side, one stands a major chance of getting a much lighter punishment, such as probation, than the State Attorney’s Office would offer.

Continue reading " Your Only Choice? Options for Drug Offenders In Jacksonville " »

Jacksonville is the type of city that encourages children and teenagers to have fun, explore, and interact with their surroundings. Unfortunately, Jacksonville juvenile crimes occur because some children have too much or the wrong kind of fun.One facing a juvenile crimes case should have an experienced Jacksonville Juvenile defense lawyer to represent, defend, and ensure their rights are protected.

In State vs. Rhoden, Learnhart Rhoden, 17 year old from Florida was charged as a juvenile with discharging a destructive device. This minor was later tried and sentenced as an adult. This case shows that how the juvenile detention system is supposed to function versus how the system functioned in this case are two completely separate things.

In Florida, the Juvenile detention system is aimed at changing behavior rather than punishing children. In Florida, the juvenile court system is different from the adult court system.
In Florida, a juvenile cannot post bond like in the adult court system. When a minor first enters the juvenile court system, they will be taken to Juvenile Assessment Center (JAC), where they must go through a detention calculation, called a Risk Assessment Instrument (RAI) of which they must score under a certain amount of points, or perceived risks, to be released. These points or factors are based on the minor’s criminal record, the particular crime he or she was charged with, and other factors listed and set by Florida statutes. RAI’s are subject to review by a judge. This review hearing occurs within 24 hours of the juvenile being booked.

If the child is to be held in detention, the longest that he or she can be held is 21 days. This is the longest amount of time that the State Attorney’s office is allowed to take to decide whether to try the case. If the State Attorney’s office cannot make a decision in that amount of time whether to try the case, the juvenile is released. Furthermore, Florida statute requires that many children be released, even though the offense would result in a lock-up or an expensive bond in an adult court. However, some children slip through the cracks of the system. But if you have an experienced Jacksonville juvenile crimes lawyer, your child will not be subject to the inadequacies of this imperfect system.

In the State v. Rhoden case, Rhoden was tried as an adult and sentenced as an adult. Sentencing a juvenile as an adult is allowed under Florida Statute §39.111(6)(d), assuming that the judge addresses the six criteria making an adult sanction suitable or unsuitable. Under this statute, a minor can be tried if:

- The seriousness of the offense to the community and whether the protection of the community requires adult supervision
- Whether the offense was committed in an aggressive, violent, premeditated, or willful manner
- Whether the offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted
- The sophistication and maturity of the child, as determined by consideration of his home, environmental situation, emotional attitude, and pattern of living
- The record and previous history of the child, including:
- Previous contacts with the department, the Department of Corrections, other law enforcement agencies, and court
- Prior periods of probation or community control
- Prior adjudications that the child committed a violation of law, and
- Prior commitments to institutions
- The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if he is assigned to juvenile services and facilities

In Rhoden’s situation, the Judge threw all caution to the wind and ignored the 6 criteria for being sentenced as an adult. As a result, Rhoden got ten years in an adult prison.

Continue reading " Jacksonville Juveniles And The Dangers Of Too Much Fun, State v. Rhoden Shows " »

When a case is going to trial, there are a million things going on. Witnesses must be coordinated, exhibits must be organized, opening statements must be prepared and a jury must be selected.

But an attentive Jacksonville criminal defense lawyer will be able to multi-task all things and still watch out for problems caused by an overzealous prosecutor or a judge who oversteps their bounds.

Sadly, defendants' rights are trampled every day in courthouses across the country when judges say something they shouldn't or prosecutors attempt to admit into evidence or testimony through a witness something they know shouldn't come in.

When you're talking about as serious a crime as murder in Jacksonville, when a defendant's freedom or life is on the line, every effort must be made to ensure their rights are upheld. Much of this responsibility falls on the shoulders of a defense attorney.

In the case of State v. Allen, a Maryland case on appeal, a defendant charged with murder and robbery not once, but twice, had a new trial because of mistakes made along the way.

According to court documents, Jeffrey Allen was tried for the robbery and murder of his friend John Butler after being arrested in 2001. According to the case summary, the two men were at Butler's house when Allen demanded that Butler drive him home.

Butler refused, but Allen grabbed his keys and jingled them and said he was going to drive himself home. The two began fighting, which escalated when Allen allegedly grabbed a knife and stabbed Butler several times. He drove away, but later crashed the car and was arrested.

During the first trial, he was charged with first-degree premeditated murder, first-degree felony murder, second-degree murder, robbery with a deadly weapon and other, less-serious charges. The jury found him guilty of first-degree felony murder, second-degree murder, robbery with a deadly weapon and other charges.

On appeal, Allen argued that the judge messed up when instructing the jury that they could find Allen guilty of felony murder whether the intent to rob was formed before or after the trial. In Florida, a person faces first-degree murder if the state can prove one of two theories. Under one, the murder must be premeditated, or planned out. Under the other, a murder is committed during the course of committing another felony, such as robbery.

An appeals court ruled that "an afterthought" robbery can't be considered an underlying felony in support of felony murder. The court upheld all convictions except the felony murder charge.

The state, despite already having convictions for several charges, including second-degree murder and robbery, attempted to try Allen again for the first-degree murder charge. Again, there was a major error made that violated his rights.

During the second trial, in 2008, a judge told the jury -- over objection by the defense -- that the defendant had already been convicted of robbery. The judge told the jury that all they had to decide is whether the man committed felony murder.

But an appeals court correctly pointed out that by a judge telling jurors the defendant had already been convicted of robbery, as well as second-degree murder, the judge had set the elements for felony murder, wrapped them up with a bow and delivered them to the jury room for them to convict. Not surprisingly, they did.

The appeals court overturned the felony murder charge a second time. It's unclear if prosecutors are going to waste more taxpayer dollars on a third trial.

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