Jacksonville Criminal Attorney Blog

Jacksonville police have many duties and responsibilities that many of Jacksonville’s citizens ignore or forget. However, one duty that the public does not overlook is public safety, particularly reasonless speeding. If one has been charged with such a crime, one should contact an experienced attorney to aggressively fight for one’s case.

According to the Florida Times-Union, two Putnam County Deputies were fired for driving well over 100 miles per hour on a rural road which posted speed limit was 45 mph. These deputies were responding to a noise complaint and as initial investigation shows, the deputies decided to race.

Jacksonville police crimes normally are reported for something controversial, be it improper evidence tampering, unlawfully discharging firearms, or police brutality. However, unreasonable speeding is one crime that police officers normally cite for but do not self-regulate.

The two police officers said they had been holding on responding to the noise complaint for an hour, and were thus responding quickly to recover time. However, the Putnam County Sheriff’s office believes otherwise. Most police departments have a device in their vehicles called an Automatic Vehicle Locator that helps the police station know the state of their vehicles. This device is similar to the electronic black box that records speeds and engine signal communications sent in the car during normal operation.

According to the Automatic Vehicle Locator, one officer was going 124 mph and the other was going 119 mph. The first officer tried to pass, and during this pass, the officer hit a concrete median and damaged his vehicle. The Sheriff’s office said that there was no need for these officers to be speeding that fast. The Sheriff’s office has since fired these two officers; however, the actions of these officers may be in question criminally.

These officers have broken Florida’s reckless driving laws, and will be subject to some possible scrutiny from the legal system as well as the court of public opinion. However, these officers still need a defense. If these officers are to be held to any standard, it should be the standard of the law, not the standard of public opinion. Should these officers end up being charged criminally, or if this kind of situation arise in a private citizen’s own personal life, one should contact an experienced Jacksonville police crimes attorney to fight for one’s case and ensure one’s rights are protected.

Continue reading " Jacksonville Area Police Cited For Wrecking Cruiser at 124 MPH " »

Jacksonville’s drivers sometimes drink and drive; most do at some point. However, one’s rights concerning DUI stops are changing quickly in not only Florida but other states around the nation. Therefore, as one’s DUI arrests rights are diminishing, one should contact an experienced attorney to ensure that one’s rights are known, used, and protected.

According to The Missoulian, Daniel Carrell, a Montana resident, was arrested for a DUI by way of a blood sample obtained via a telephoned warrant in the middle of the night. This arrest was Carrell’s second DUI offense, and according to Judge Reardon, the Judge who approved the warrant, a second offense is enough for probable cause.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink or someone calling the police, reporting a tag number of an erratic driver, and that driver being later arrested for a DUI. However, as Jacksonville Criminal Attorney Blog has reported, one can refuse the commonly performed breath test, be charged with a civil penalty for refusing the test, and survive a criminal penalty for a DUI charge. However, this may no longer be an option for Jacksonville drivers.

Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUI’s, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.

In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.

Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.

If one obtains an experienced Jacksonville DUI crimes attorney to fight for one’s case, one will be able to ensure that the police are going about proper procedure and that if the blood sample was taken improperly, it will be excluded in one’s case. In many cases like this, one’s charge could either be reduced or in many cases, dropped.

Continue reading " Jacksonville Police Tougher On DUIs With Telephoned Warrants " »

Jacksonville’s youth have some of the brightest futures in the world. However, on the road to the future, some children suffer setbacks that can severely hinder their ability to progress. However, this does not mean that the legal system should hold them back as well. If one’s child has been charged with juvenile sex abuse, one should contact an experienced attorney to fight for one’s case.

According to The Boston Globe, children have become more prone to sexual violence in their early youth, mostly from adults; however, there is a growing number of child sexual abuse cases growing in Jacksonville as well as other cities that are solely child-on-child sexual abuse cases. One of the more well-known Jacksonville juvenile crimes case involving sexual abuse is that of Cristian Fernandez, who was recently indicted for the sexual battery of his 5 year old half brother.

Many state legislatures have had to think up new statutes and punishments for this budding problem. However, a problem has erupted from this new debate about what to do with these children: How does the legislature identify the problem children who will be prone to be repeat offenders, and how do they identify the children who are unlikely to re-offend?

Studies have been done that show that a staggering majority of these childhood offenders do not actually re-offend. Most of these children do these acts of sexual misconduct simply out of peer-pressure or curiosity.

However, the legislature, the legal system, and the Judges who have the unfortunate responsibility of sentencing these children to punishments for their actions, cannot always look at each cases very particular facts. Many times, Judges are worried about some of these children repeating these kinds of behavior as adults. However, this does not mean that every child is doomed to harsh punishment. These children need an intermediary; these children need an advocate.

When a child in a situation like this has been accused of sexually abusing another child, the parent of that child should contact an experienced Jacksonville juvenile crimes attorney to fight for these children’s rights. These youth need help, not a jail cell or a sex offender registry listing to scar them the rest of their lives. They need to be able to move into recovery and get back on the path to that bright future that society wants so badly for them to have.

Continue reading " Jacksonville A Growing Target For Child-on-Child Sex Abuse " »

Jacksonville families have many things that plague their lives and cause problems with husband, wife and children happiness. Unfortunately, sometimes these stresses push people over the edge. When this happens, one should contact an experienced attorney to fight for one’s case and ensure that one can get back on one’s feet and not let a domestic violence charge be another plague in one’s life.

According to the Florida Times-Union, Devin Juan Wilkes, 24, has been charged with felony domestic battery, aggravated assault, and child abuse. The charges come after Wilkes was reported to have attacked the mother of his year-old son, Sheena Hunter, with a kitchen knife. Hunter was reported to have used the child as a human shield, which Wilkes threw out of her hands.

Jacksonville domestic violence crimes typically involve some sort of assault and battery charge. However, what is interesting about this particular case is the manner in which the child abuse took place: both parents used the child as a reason for their actions, but still, the child was physically abused, something both parents said they were trying to avoid.

Wilkes has been charged with aggravated assault, felony domestic battery, and child abuse, which under Florida law are all third degree felonies, each charge carrying up to five years of jail time. However, with an experienced Jacksonville domestic violence attorney, Wilkes, like others in his situation, could have these charges’ penalties lessened or maybe even dropped.

An experienced attorney can offer defenses and mitigating factors that could possibly lessen the possible penalties to Wilkes’ actions, such as:

- Wilkes put the knife in a drawer when Hunter tried to use the child as a human shield

- Wilkes only waved the knife at Hunter, and did not actually attack her violently with the knife.

- Wilkes asked multiple times for Hunter to put the child down before Wilkes removed him by force from Hunter.

One problem that Wilkes might face as a defendant is his criminal record. This incident marks the third domestic violence charge Wilkes has received in the past three years. The legal system will look to this very same criminal record in the sentencing phase of proceedings, should the case go that far.

The legal system tends to view those who have criminal records, particularly those who are repeat offenders of the same crime, as people who just have not learned their lesson. However, these people are people who need help from the court system, rather than a jail cell.

An experienced attorney could use a prior criminal record such as Wilkes’ to shed a different light on the case. Wilkes needs anger management and psychotherapy rather than an abusive and antagonistic environment within a jail which will only fuel the fire to his rage. The legal system is meant for helping people get better, rather than worse.

Continue reading " Jacksonville Woman Uses Baby As Human Shield, Father Arrested " »

Jacksonville police are gearing up for the increasing drug crimes that are present in our city. One of the many ways in which the police do this is by conducting drug stings. If one has been a victim of the drug sting, one should obtain an experienced attorney to ensure their rights are protected.

According to the Florida Times-Union, Jacksonville police busted Wayne Jenkins for selling crack cocaine to an undercover detective on Friday and again on Saturday. This sting was part of a city wide operation to arrest known drug dealers, traffickers, and buyers.

Jacksonville drug crimes cases normally involve someone who happens to be possessing a drug, and sometimes selling a drug to a undercover police officer, who then arrests them for selling the drug. However, sting operations, not as widely used, are quite interesting and sometimes rather complicated.

The most common forms of stings, when used for the purposes of drug busts, are where an undercover police officer poses as a seller looking for a buyer, or as a buyer look for a seller. However, Jacksonville, as well as other cities, are using these sting operations in conjunction with other operations such as beefed-up patrols, crackdowns, and sweeps.

One problem with sting operations is the numbers of drug dealers, sellers, distributors and buyers that are arrested. The Jacksonville Police Department reports the numbers of drug crime arrests are going up and that they are cleaning up the streets. This reporting increases faith in our police officers protecting and serving us. However, sometimes, one or two police officers pressure people who normally would not commit the drug crime to commit the crime: This is entrapment.

Entrapment is a very widely known defense; however, most only know very little about this very important defense. The entrapment defense comes into action typically when a police officer pressures or pushes someone to commit a crime, in this case, a drug crime, when they normally would not. Most times this involves the undercover cop egging the accused on and pushing him or her to sell or buy the drug.

This happens many times with police stings and undercover drug busts. Unfortunately, most do not know this defense exists until it is too late. However, if one obtains an experienced Jacksonville drug crimes attorney to fight for one’s case, one will be able to know if this defense applies to them, and may be able to have their charges completely dismissed.

Continue reading " What Police Drug Stings Mean For Residents Of Jacksonville " »

Jacksonville’s residents have many things that make them angry. Sometimes, those things or people are law enforcement. However, actions against law enforcement carry heavier punishments. If one is accused of a crime against a police officer, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Brad Germain, 35, has been charged with attempted murder of a Jacksonville police officer. The incident began after the police were advised that Germain had rammed a police car with his pick-up truck earlier that night. Germain led police on a 1am chase, which led to Germain hitting another police officer and his car.

Jacksonville felony violent crimes tend to be some of the more common crimes, however, typically not as vehicular as Germain’s case. Most vehicular crimes are accidental or at most reckless, but not intentional. On the other hand, felony violent crimes are normally intentional. As one can see, in the case of Germain, intent is something that will play a big part in his sentencing.

Germain has been charged with attempted murder, a first degree felony, which can bring up to 30 years in prison. This may seem complicated enough in itself, but even tough problem that Germain will face is that the attempted murder was against a police officer. This may be tough for Germain to deal with, both as a defendant, and as a prisoner, should that situation arise.

Many cases in Jacksonville where police are injured are immediately seen as cop hater cases, and in many situations, those charged for crimes against police will receive the maximum punishment for their crimes, no matter what the circumstances. This is due to the fact that the court system wants to punish those who try to hurt those that protect and serve our great city. However, Germain still has rights.

One in a situation such as Germain’s should contact an experienced Jacksonville felony violent crimes attorney to fight for one’s case and ensure that all options, rights and privileges are known to that individual so one will be protected. In many cases, obtaining an experienced lawyer is the only way one can ensure Constitutional protections.

In Germain’s case, the Judge will look at the fact that Germain did intentionally hit the cop car with the cop inside; however, an attorney could argue that there was no intent specifically to injure a police officer, even though one was injured, and that the Germain is apologetic for his actions and is willing to make amends. In many cases, these kinds of arguments can significantly lower the amount of time or severity in the manner in which time is served.

Continue reading " Jacksonville Area Man Arrested For Attempted Murder On Police Officer " »

Jacksonville is one of those cities that likes to have fun, drink, and have a good time. However, those fun times end most of the time in criminal charges when children are thrown into the mix. When one is charged with a child related DUI, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Naples Daily News, Eliza Sherwood, Valene Clay, and Enrique Martinez, were arrested for driving while intoxicated with a child in the car. They were arrested separately because Martinez, the actual driver of the car, parked the car at a bank, took the baby and fled the scene.

Florida DUI cases can be some complicated cases, the majority of which end in arrest. However, normally child neglect charges do not stem from the DUI arrests. When this happens, things can become very complicated for the accused and can make a lighter punishment turn heavy in a heartbeat.

It appears from the article that all three have been charged with DUI’s; unfortunately for each, however, is the charges each faces in addition to the DUI charges. For Clay and Martinez, each face separate charges of child neglect without great bodily harm for having their 8 month old child in the car with them while they were driving drunk.

Sherwood is being charged with a battery in addition to a DUI. The reason for her extra charge was that after the police went to speak to Martinez, Martinez told the police that Sherwood punched him in the face when he stopped the car.

One of the rules that governs attorneys in the legal system is that attorneys are not allowed to represent multiple defendants in the same case. However, this rule does not weaken any of the defendants’ cases. In the case of Martinez, for example, Martinez has been charged with child neglect without bodily harm, a charge which can lead up to 5 years in prison and massive fines, in addition to the DUI charge.

However, if Martinez were to obtain an experienced Jacksonville DUI and child abuse defense attorney, Martinez’s attorney could bring to light the mitigating factors in his case, including such factors as:

- Martinez parked the car after he realized the error of his ways
- Martinez refused to subject the child to an even worse situation possibly than the one the child was in before
- Martinez fled the scene and went to his Aunt’s where the child could be properly taken care of until Martinez sobered up

Factors like these can and will be brought up to help lower the penalty of the charges and possibly help to have them dropped in Martinez’s case as well as others in like situations.

Continue reading " Child Neglect Takes New Spin In Florida DUI Case " »

Law students, like many other types of students, have many stresses placed on them. Sometimes, these law students cannot handle these stresses and simply overreact, leading to criminal charges. When this happens, one should contact an experienced attorney to fight for one’s case.

According to the Naples Daily News, Robert Ringley, an Ave Maria law student, has been accused of trying to shoot his roommate, a fellow law student, and threatening his ex-girlfriend’s life. Thet altercation began after Ringley, 25, asked for his ex-girlfriend to come to his apartment and talk about their relationship.

Florida gun crimes can be some very intriguing cases, especially when one throws law students into the mix. Between relationships, grades, having enough time for sleep and having enough time for a social life, stresses such as these can be very taxing. Unfortunately, when one combines alcohol with a broken heart, things can get ugly.

Ringley has been charged with attempted murder, a first degree felony, which can bring as much as life imprisonment. On top of that, Ringley has been charged with aggravated assault with a deadly weapon against his ex-girlfriend.

In the legal system, one has many options for obtaining an attorney, be it through privately seeking an attorney, obtaining a court appointed attorney, or defending one’s self. Sometimes, one may feel competent enough in their knowledge of the law to defend themselves in court. Sometimes this option works; other times, it ends in very harsh consequences.

In many situations, a law student, especially one with decent grades, would consider him or herself as a master of the law. However, this is not normally the case. Like anyone, when thrown into the heat of facing criminal charges, is likely not able to see possible defenses that an outside source such as an experienced Jacksonville gun crimes attorney can and will provide.

Furthermore, the accused, whether accused falsely or not, is significantly better suited with an experienced attorney at his or her side. The attorney, in many ways, acts as a sort of intermediary, which softens some of the blow with respect to punishment. However, with an experienced attorney who knows the judge that one will go before, that punishment may be lessened even further.

In the case of Ringley, Ringley already has a misdemeanor DUI arrest, for which he was placed on a 12 month probation, and had to agree to undergo random alcohol testing afterwards and have no alcohol in his residence. As the facts show, Ringley broke all three requirements. This case will not pan out well if Ringley goes before the Judge by himself.

Continue reading " Law Student Arrested For Attempted Murder in Florida " »

Jacksonville is growing rapidly every year in the technological world, making life easier for its citizens every day. However, as technology advances, so does the knowledge and ability of criminals to steal using that same technology. No matter what the reason for the theft, when one is charged with an online theft crime such as this, one should contact an experienced attorney so that one can ensure one’s rights are protected.

According to the Florida Times-Union, the police are investigating a theft crime involving a Wells Fargo account. The Jacksonville police say that $20,495 was stolen out of a man and his sister’s joint account by way of 37 online payments over a period of about 5 months.

Theft crimes in Jacksonville are typically associated with muggings, robberies, or burglaries. However, thieves are becoming more non-personal and operated via cyberspace. As such, most criminals are able at times to get away with online theft. As such, law enforcement, banks, and other online-accessible financial institutions are gearing up their security.

Even though online bank account theft is a relatively new form of theft, the crime itself remains the same, until the legislature makes a new, more specified criminal charge for it. Even though there is not a new charge for the crime, the police and other investigative units have methods of finding out where the money is being stolen from, where the stolen money is going, and most of the time what the money is being used for.

In the case of the Wells Fargo bank account theft, the police have been able to tell that the money stolen was used to pay for a number of different things, including a mortgage, a JEA bill, and a few credit card bills. However, the police are still investigating who was actually responsible for the theft.

One method by which police investigate bank account theft is by tracing where the account was accessed, how and by who’s computer. Unfortunately, people can be arrested for online theft even though they themselves may not have been the actual thief. Someone accused of a crime such as this may see no way out in this particular situation. However, there are defenses than experienced Jacksonville theft crimes attorney can provide:

- the accused did not access the computer at the time the theft was said to occur
- the accused never used the computer at all even though it was registered to the accused
- common public or common private familial usage of the computer
- the accused has no possession of any of any possessions bought
- the accused is not recorded nor is connected to any bills paid

No matter what the particular set of facts, one will normally have a defense that an experienced attorney will use on behalf of the accused to make sure that at minimum, the charges can be reduced, and if possible, have the charges dropped entirely.

Continue reading " Online Thief Hits Wells Fargo Bank Account In Jacksonville " »

Drugs can be some of the most addictive substances in the world, and unfortunately, when put in the proper place at the proper time, an addict as a pharmacist can be like a fox watching over a hen house. However, if one is charged with a similar offense, one should contact an experienced attorney to fight for one’s case and get the help and defense one needs.

According to the Florida Times-Union, Robert N. Classon, a pharmacist for Baptist Medical Center Beaches has been charged with drug trafficking. This charge comes after a Baptist manager reported that some drug inventory went missing, after which further investigation showed Classon was responsible.

Drug crimes in Jacksonville tend to be more common, as drugs tend to be the most common illegally transported good in Jacksonville. However, what is interesting and unfortunate about this case is that Classon himself is addicted to the substance that he was trafficking: hydrocodone.

Classon has been charged with drug trafficking, which means that Classon was transporting drugs and distributing hydrocodone; however, there is no evidence that Classon actually sold any of the hydrocodone. The police who arrested and took the report believe that Classon was selling, because of the amount of hydrocodone missing.

Pharmacists like Classon are expected to uphold an ethical and professional code and to not abuse the drugs that they are placed in charge of. However, behind the white coats and the profession itself, a pharmacist is still human. The desires of a pharmacist are human desires; they are prone to weakness. Classon is just like any other person who fell short and became addicted to a substance.

The same weakness that resides in most of Jacksonville’s residents resides in pharmacists as well. However, people accused of drug use, distribution, and/or trafficking, will sometimes be viewed as outcasts in society, as well as the law. However, people such as Classon, are people. They, like everyone else, make mistakes.

Classon needs rehabiliation, not a jail cell. Many defense attorneys, given Classon’s situation, will run. Classon was caught on camera taking hydrocodone out of pre-filled syringes and refilling them with Robitussin DM, on days when he was not supposed to be receiving shipments of hydrocodone. Given these facts, most defense attorneys will see no reason to defend someone in this situation.

However, an experienced Jacksonville drug crimes attorney will see a way to at minimum lower the charges and increase the probability that the accused will be given a rehabilitation measure rather than a jail cell. Do not risk your defense. Contact an attorney who believes in helping those who deserve an aggressive defense and helping one’s rights be protected.

Continue reading " Addicted Jacksonville Pharmacist Charged with Drug Trafficking " »

Jacksonville’s juveniles can have some extreme thoughts about obtaining what they want. Even though the actions juveniles choose are most of the time non-violent, sometimes the results of those non-violent actions can be deadly to the juvenile. When this happens, one should contact an experienced Jacksonville juvenile crimes attorney to mount the best defense possible for their deceased love one.

According to the Florida Times-Union, Jacksonville police gunned down a 17 year-old who held up a West-side convenience store with a fake gun. The 17 year-old, Craig Ruise, was shot by two officers after the teen was said to have been holding the store up at gun point at around 3am.

Jacksonville juvenile cases can be quite difficult to deal with, and as this case in particular shows, juvenile cases can be quite heart-breaking. Ruise was carrying a plastic Colt 1911 handgun, which police mistook for a real gun, as it was painted black. The police shouted for Ruise to drop the weapon, which when Ruise failed to do so, the police officers shot him.

Jacksonville police actions have been scrutinized for many years, and for good reason. Many people from Jacksonville have had run-ins with the police that could have ended very differently, had the actions of that officer or set of officers been more thought out.

Many law enforcement officials, when considering facts similar to Ruise’s unfortunate case, will say, like Jacksonville police’s Chief Hackney said, that the police responded in the proper manner. However, police do not often consider without a superior suggesting it, that alternative methods of subduing suspects could and should be used.

Jacksonville police have at their disposal the ability to tase, bean-bag, or at least partially wound a suspect without fatally wounding them. However, most police officers, when put under the pressure, will react at the first remedial measure available: a gun.

The actions of some police officers tend to be just assumed right and the actions of the accused or deceased assumed completely wrong. However, in many situations, the police officer’s actions should be more scrutinized, specifically those cases with fatal consequences.

Many gun cases are similar to Ruise’s, even those that are not fatal. Most tend to be cases where the accused was not given time to put down the weapon, the police thought that the accused was acting in a way that seemed threatening, or the police felt that the problem of the accused needed to be dealt with more aggressively. Whatever the case, the accused in these cases tends to suffer at the hands of the police rather than the hands of the judicial system.

Continue reading " Jacksonville Juvenile Gunned Down After Attempted West-side Robbery " »

Jacksonville is a city filled with those who, in a down economy, will look for any way to make money. Sometimes, the manner by which they make that money is illegal. No matter what the manner, if one is accused of such an illegal activity, one should contact an experienced attorney to fight for their case.

According to the Sun Sentinel, a Lake Worth couple have been charged with engaging in prostitution by way of an apartment. Miguel Gomez Miranda is being charged with living off of the earnings of a prostitute, while Sandra Peralta is facing base-line prostitution charges. They were caught by an undercover police officer who posed as a potential client.

Sex crimes cases can range from very simple offenses such as sexual assault, to running elaborate prostitution rings. No matter what the particular crime one is charged with, one needs to contact an experienced Jacksonville Sex crimes attorney so that they have a defense to the crime in question, no matter how bad the charge is.

The crime of prostitution, found under Florida Statute 796.07, is punishable as a second degree misdemeanor, which brings fines of $500 and up to 60 days in jail. However, these punishments can be lessened if one’s attorney has experience with the particular judge one will go before, as well as the ins and outs of one’s case and all possible defenses.

In many sex crimes cases in Jacksonville, one can poke holes in the State’s argument. However, in some cases, such as this prostitution case, one may seem to be caught with every bit of evidence that the State needs for a conviction. In this case, an undercover agent swooped in and caught not only Miranda but Peralta as well, in the act, with Miranda soliciting as a pimp and Peralta as the prostitute.

The odds may seem like they are against you in a case like this. However, some of the best mitigating factors in a case are not always the most legally based. In this case, it is easy to see that the economy can a major mitigating factor. Both Miranda and Peralta could be in desperate need of money and saw no other way to escape the economic downturn.

Furthermore, an experienced attorney can show you your options and make sure thaat you are not without an acceptable outcome. In Peralta’s case, she held that she was innocent and was released on her own recognizance, meaning that she would not pay bail but give her word that she would appear for court. This is a normal procedure for when the court does not see the defendant to be a flight risk.

However, Peralta had other options. Peralta could have simply plead guilty, paid a small fine, possibly never served jail time at all, and been able to move on with her life. However, she did not obtain an experienced attorney who would steer her in the right direction. Now she will have to face more court dates. Do not let one’s self fall into the same kind of situation like Peralta did.

Continue reading " Florida Prostitution Scheme Shut Down, Two Arrests " »

Jacksonville, like many cities throughout the United States, have very sophisticated K-9 units, trained to sniff the slightest smells of drugs and other illegal contraband. However, these highly trained animals are causing some constitutional controversy. This controversy is currently making it’s way to the Supreme Court.

According to The Wall Street Journal, Joelis Jardines was arrested for possession of marijuana plants in his home. The arrest came after the police had received an unverified “crime-stoppers” tip that Jardines was growing marijuana in his home. The police brought a drug dog to the door, the dog smelled drugs, and almost solely on the dog’s alert, the police obtained a search warrant.

Warrant cases in Jacksonville can range from bad arrest warrants, improper search warrants, searching the wrong address with a search warrant, and more. No matter the particular warrant case, one should seek an experienced attorney to mount one’s case and make sure one’s constitutional rights are protected.

There are many different types of warrants, but all focus around one particular theme; there must be probable cause for the police to obtain the warrant, be it for searching one’s house, arresting someone, or tracking someone down.

The main theme for the controversy however, is where that probable cause comes from. Under the 4th amendment of the U.S. Constitution, citizens of the United States have “the right...to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...shall not be violated, and no Warrants shall issue, but upon probable cause...”

This means that not only can a person’s house and personal items not be searched without probable cause, but that these are the strongest of one’s 4th amendment rights. People have the right to feel protected in their homes without having police intrude on them unreasonably.

In Jardines’ case, the police had no evidence to obtain probable cause to get the search warrant they had, except for the drug dog’s alert. Police have been able to get around entering one’s home through this manner, because neither the police nor the dog actually enters one’s home.

This is not the only manner in which police have obtained probable cause for search warrants. In one major case, police used a thermal imaging device to see into the home of a suspect the police believed was growing marijuana. The thermal imaging device has since been struck down by the courts as a violation of one’s rights to unreasonable search.

Continue reading " Supreme Court May Change Drug Dog Use For Search Warrants In Jacksonville " »

Jacksonville police are highly trained and are in mass numbers to protect and serve our city. However, many times police overstep their bounds and abuse their discretion, ending in the death of Jacksonville’s citizens. When this happens, one should obtain an experienced attorney to fight for their case and make sure that the one that is deceased did not die in vain.

According to The Florida Times-Union, the Texas police gunned down Jaime Gonzalez, a 15 year old eighth-grader, in the hallway of his middle school. The police arrived on the scene after a report that Gonzalez was brandishing a firearm in the school. Police arrived on the scene, where there was a statement made that Gonzalez was willing to die; police shot Gonzalez soon after.

Police discretion in Jacksonville, as well as other areas around Jacksonville tend to be less strict than other areas where lawmakers have more control. Many law enforcement experts agree that when a suspect raises a weapon and does not put it down when requested to by police, the police are justified in taking the suspect’s life. However, just because deadly force is justified does not make deadly force necessary.

Police have the duty to protect society from dangerous people; however, dangerous people, no matter what they have done, have rights, both constitutional and fundamental. One of these rights is the right to live. It is for the court to decide through criminal proceedings whether someone’s life should end, rather than a police officer who sometimes acts as the final judge.

In the case of Gonzalez, Gonzalez was brandishing a pellet gun and refused to put the gun down. However, the police say they thought that this was a higher caliber weapon. Even though Gonzalez had not at any point fired a shot, he was still gunned down because the police believed he was dangerous.

There are many ways by which the police are able to subdue someone dangerous, for example tasers, gas, bean bag guns or other various methods. However, these methods are not first considered before using deadly force to subdue the suspect. Because of these decisions, be it from the supervising officers or the individual officers facing the suspect, many die, forever stopping their right to a trial.

According to Gonzalez’s school district superintendent, Gonzalez was not a bad child. Gonzalez was simply a child who made, maybe a crazy decisions, but a decision nevertheless, that cost him his life. Gonzalez could have been subdued, had a trial, and then gone through rehabilitation, rather than meet his very unfortunate end.

Continue reading " Limiting Jacksonville Police Discretion after Texas Eighth Grader Gunned Down In School " »

Jacksonville is a place full of animal lovers and animal enthusiasts. However, this city can also be a place with the occasional animal hoarder. No matter which category fits the accused, if someone is accused of animal cruelty, they should contact an experienced attorney to defend them and their rights.

According to the Sun Sentinel, Virginia Louise Robison has been charged with three counts of causing cruel death and suffering to an animal and three counts of unlawful confinement and abandonment of an animal. The charges came after a report of three “emaciated” cats living in Robison’s home Jupiter Ridge.

Jacksonville Animal Cruelty Crimes can range from the more common reports of dog fighting to the now more common hoarding practice of more than a healthy number of pets, be it cats, dogs, birds, or other household pets. No matter what the particular pet one hoards, the penalty for the practice can be staggering.

Animal Cruelty is covered in Florida Statutes 828.12. Animal Cruelty, under this statute, is when a person unnecessarily deprives, overloads, overdrives, or torments animals, or, in Robison’s case, causes the death of the animal. However unfortunate the case may be for the animals, Robison still has rights that should be protected.

Robison fits the definition of an animal hoarder, or someone who collects in massive amounts pets that they cannot take care of by themselves. Law enforcement officials knew this of Robison before her arrest. A search warrant had been served at her home previously, where the 18 emaciated cats were found. When questioned over the phone about the cats, Robison said that she was trying to find homes for the cats.

Most hoarders, like Robison, have good intentions when it comes to the hoarding of these animals; however, they do not have the means of taking care of them like they should be. Unfortunately, the law does not take into account good intentions. The law sees these matters in black and white, particularly when it comes to punishment for animal cruelty.

Animal cruelty under 828.12 is a first degree misdemeanor offense which carries up to a year in jail, and fines of up to $5,000. However, penalties such as these do not fix the problem. People convicted of animal cruelty cannot be helped through sitting in jail. Hoarders need psychological rehabilitation rather than jail-time, which will only improve the person convicted of hoarding, as well as society.

With an experienced Jacksonville animal cruelty lawyer, the accused, like Robison, will have options. An attorney with experience in this area will be able to work with the Judge and prosecutors to figure out a rehabilitative method for helping the hoarder, the animals, and society, rather than merely postponing a possibly recurring pattern of animal cruelty.

Continue reading " Animal Cruelty Crimes Spread to Hoarding in Jacksonville Area " »

Jacksonville is a city that has many gun owners. However, when guns are put in conjunction with drugs, things sometimes go wrong. When these sorts of cases arise, it is imperative that one obtain an attorney that is experienced so that one’s rights are protected.

According to the Florida-Times Union, Tyler Woody Willis, a West-side man, shot his friend in the head with a shotgun after smoking marijuana. Willis said that he had dropped the shotgun and as it hit the floor, it went off, shooting his friend, William Brandon Hodge, in the head. Willis was charged with attempted manslaughter, discharging a firearm while under the influence of a controlled substance, and drug paraphernalia possession.

In Florida, the charge of discharging a firearm while under the influence of a controlled substance is covered under Florida Statutes 790.151. Under this statute, “using a firearm” means that a person must discharge a firearm or have a firearm readily accessible for immediate discharge. Furthermore, “readily accessible”, means that the person must have the gun ready and loaded in their hand while under the influence.

In many Jacksonville gun crime cases, the accused has been caught red handed: the gun is in the person’s hand, they are intoxicated, and the gun accidentally goes off, fitting with the statute. However, in the case of Tyler Willis, Willis was not holding the gun.

An experienced Jacksonville gun crimes attorney would be able to provide a series of defenses for Willis and others in similar situations, so that either the charge could be dropped or at minimum lessened.

Many times police will assume that the defendant, no matter what the situation is, that the person they arrest intentionally did whatever action they were arrested for. However, not always does the accused wantonly commit the act; many times, the act was by its very nature, an accident.

Willis told police that the shooting was an accident and that the gun hit the floor, shooting his friend William Hodge in the head. Police disagree with the series of events Willis told them because of how the gun hit the floor and the built-in safety mechanism in the gun. However, none of the police’s ideas about how the crime happened can be confirmed; the safety mechanism may not have been functioning properly.

Continue reading " Jacksonville West-side Gun Crime Leads To Attempted Manslaughter Arrest " »

Cops are always on the look out for the DUI stop of the year. However, when they find it, they are normally quite shocked. However, when the one stopped is arrested for a DUI, one should obtain an experienced DUI attorney so that when the day comes for court, one will not be so shocked and will hopefully be pleased about the consequences.

According to the St. Aug. News, Ocala police pulled over Bradley Garrison, a 40 year old man driving a Hummer who police received reports about. When police pulled the man over, he said, like most, that he had only had a couple drinks. However, when the police searched Garrison, they found a $140 bar tab receipt in his shirt pocket.

Most Jacksonville DUI cases involve someone who has had a little too much to drink. However, the amount a person has had to drink is not always as bad as the police report it. Police will sometimes report that events happened that never happened at all, that someone admitted to something that was never said, and will occasionally plant something on someone that they never had.

In any case, a person accused of and arrested for a DUI should contact an experienced Jacksonville DUI attorney to fight for their case, because no matter what the evidence is against someone, they have rights.

In the case of Bradley Garrison, he has a tremendous amount of evidence against him. He was erratically driving his vehicle, he was on the way home from a bar, he smelled of alcohol, and he had a $140 bar tab. Most would see this as an easy conviction. However, most of this can be explained away:

- Garrison could have had a steering problem with his vehicle
- Garrison could have been tired and thus driving erratically
- Just because Garrison went to a bar, does not mean he drank
- The smell of alcohol could have been from someone spilling a beer on him
- The $140 dollar bar tab could have been paid by him rather than consumed by him

Police look for easy convictions. However, some DUI’s that seem easy can be explained away when there is not hard evidence that driver was intoxicated. When Garrison was taken to jail for the night, the police attempted to administer a breath test, which Garrison could not complete because he was vomiting. The police never obtained an actual reading of his blood alcohol level before or after.

At this point, all of the available evidence is pointing to a reasonable doubt that Garrison was in fact drunk.

Continue reading " Florida DUI Suspect Found With $140 Bar Tab Does Not Equal Guilt " »

Jacksonville prosecutors rarely see charges as anything but black and white. If the defendant is guilty, then the guilty party should be punished severely. However, with an experienced Jacksonville criminal defense attorney at one’s side, the defense can argue the mitigating and alternative evidence to show the defendant’s innocence, negligence, and argue against their guilt.

Jacksonville Juvenile crimes cases tend to be simple and relatively quick cases to move through the system. However, in the case of Cristian Fernandez, the defense is not giving up.

Jacksonville Criminal Attorney Blog has been reporting on the new developments in the Cristian Fernandez case. However, a charge change has been a shock to not only the defense, but the court of public opinion.

According to The Florida Times-Union, Cristian Fernandez has been freshly indicted for the sexual assault of his five-year-old half brother. This indictment has been freshly motivated by a new allegation from the 5 year old half brother that Fernandez had molested him. The half brother spoke up to authorities well after the arrest of Cristian Fernandez for the original murder charge.

Prosecutors tend to try to metaphorically throw the book at defendants, especially those defendants who are as high-profile as Cristian Fernandez. In cases like these, the court of public opinion weighs heavily and therefore, the prosecution wants to look as though they are tough on crime and are the bringers of justice. However, justice is not always harsh punishment.

The State Attorney’s office has brought another “life-felony” charge upon Fernandez. This means that the felony charge he is indicted for, if convicted, can carry a life sentence. The State Attorney’s office has stated that they do not want to have Fernandez serve a life sentence; however, prosecutors do not always live up to their word.

Fernandez is currently facing a murder charge, which Fernandez’s defense team is not willing to give in to. As such, the State Attorney’s office has turned their hopes to the sexual battery charge.

It is the hope of many prosecutors, by charging the defendant with every possible charge that could stick, to overwhelm the defense. For most defense attorneys, when their client is charged with multiple crimes, and the defense is spread thin monetarily, the defense will give in to the prosecutor.

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Jacksonville is a place filled with people who strive for their many different goals in life, be it fame, money, power or property. However, some fall short; others are down on their luck. Whatever the reason, if one is charged with a theft crime in Jacksonville, one needs an experienced attorney to fight for one’s case.

According to the Sun Sentinel, the Broward Sheriff's office is continuing their search for an armed robber. The robbery was said to have happened at a Subway in Dania Beach, Florida, when during the morning hours of the day, the armed robber came across the counter, emptied the safe, and then locked the Subway employee on duty in the bathroom.

Florida theft crimes have become more and more common during the morning hours of the day. Most stores are just opening, if not twenty-four hour stores, managers have the safe open and/or are counting money, police are changing shifts, and there are typically less witnesses for the robber to worry about.

Though robberies are becoming more common and better planned, there are some common misconceptions about the crime, including confusion between robbery and burglary.

In Florida, robbery, according to Florida Statute 812.13, is when one violently takes money or property from another person with the intent to either temporarily or permanently deprive them of it. Burglary, is a little bit different however.

In Florida, burglary, according to Florida Statute 810.02 is when one enters a dwelling, business, or property not owned by that person, with the intent to commit a theft crime. The difference important difference between robbery and burglary is that with robbery, there one is stealing directly from a person, and with burglary, someone is stealing from a person’s dwelling, business, or property, rather than from the person directly.

There is a major difference in penalties as well. Because legislators as well as public opinion on the whole value human life more than property, there are steeper penalties for robberies as opposed to burglaries.

Burglaries are typically handled as second or third degree felonies, resulting in up to 5 years in prison. Robberies, however, are at minimum second degree felonies and typically carry over a decade in prison time.

In the case of the man who robbed the Subway, if caught, he will be charged with armed robbery, which penalties for that charge are significantly steeper. Armed robbery is a first-degree felony and as such, if one is convicted of armed robbery, one is subject to up to life imprisonment.

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