Jacksonville Criminal Attorney Blog

Jacksonville’s criminals can be notorious for not being convincing in the crimes they commit, particularly crimes such as theft crimes. However, the penalties for those crimes do not have to be convincing, and show their real force when these people reach the legal system. Fortunately, there are options that an experienced attorney can provide for one in a situation like this.

According to The Florida Times-Union, the Jacksonville police are on the lookout for a man who allegedly tried to rob a Gate gas station with his finger. This report came after the man came into the gas station, pointed his finger through his shirt like gun, and told him to give him all of his money. Neither the gas station attendant nor the customers in the store took him serious, at which point the man fled. The police have a full description of the man, as he was not wearing a mask.

Jacksonville robbery crimes are interesting in that most occur with similar circumstances. Many times, gas stations are the target. Most gas station attendants realize this, and as such, have geared up to knows the signs of a robber, how to identify whether they are dangerous, and what to do when that danger is present. However, personal preparedness is not the only manner in which gas stations are protecting themselves.

Video cameras and surveillance have increased in use due to break-ins and robberies. These cameras have led to an increase in the apprehension of a suspect who looks like the person in the video footage who is arrested and charged with that crime. However, just because someone fits a description on a video camera does not mean that they did the crime.

In the case of a robbery, which is a first-degree felony, one can serve up to thirty years in jail for the crime, even an attempted and not completed robbery. A defendant cannot take a risk in allowing the camera footage to be used as the evidence that convicts him. If one accused of a crime such as this obtains an experienced Jacksonville theft defense attorney to fight for one’s case, one will be presented with a set of defenses that one use to prove one’s innocence.

In this particular case, the man in question was tied to the scene by surveillance footage and an eye witness accounting that seemed extremely accurate. However, eye witness accountings are easily mistakable and as such, the person accused of the crime is often not the person that the eye witness testimony said it was. Meanwhile, the accused is subject to ridicule within the legal system, attorney’s fees, and other costs that could have been avoided had the crime been investigated further, rather than making an arrest on very limited information.

Continue reading " Eye-Witness Testimony May Not Be Enough To Convict On A Jacksonville Gas Station Robbery " »

Jacksonville’s defendants are prone to make repeated errors. This is common among humanity. However, so people make excessive repeated errors, to the point that they will serve multiple times for some of the same types of offenses. However, that person still deserves one of the best defenses available. Therefore, one should obtain an experienced attorney to fight for one’s case and make sure one’s rights are protected.

According to the Huffington Post, Stephen Brewster has been charged with car burglary. This charge makes his 40th arrest in Sarasota county. This charge comes after many years of crimes including robbery, fraud, loitering, grand theft, criminal mischief, petty larceny and stealing credit cards. The Sheriff has commented that Brewster probably knows more about the legal system that he does.

Jacksonville burglary crimes can be some interesting cases, particularly when the defendant has a prior history of criminal behavior. Prior history, for many defendants, can determine whether the accused will receive an insignificant punishment or a very harsh punishment in prison.

For many people, a prior crime may not seem like much of a big deal; however, priors can have major consequences when the sentencing phase of the charge comes into play. Some crimes allow stacking of time for repeat offenders. For example, for a repeat offender convicted of his third DUI charge, the prison sentence would be much more significant, as the degree of the crime would be greater.

For a car burglary crime like the one Brewster was charged with, the penalty for the crime can be from anywhere between five to fifteen years depending on the nature of the facts. It is much easier to receive a harsher punishment if the accused has a prior criminal record. Therefore, it is clear that if the State Attorney’s Office is looking to land someone in jail, be it as an example for others or for other reasons, if one has a criminal record, it is extremely easy to accomplish.

Even if the State Attorney’s Office sees one’s case as a walk in the park because of one’s prior criminal history, the State still has to convince the judge in one’s case. This can either difficult or easy, depending on the leniency of the judge and the crime committed. If one obtains an experienced Jacksonville burglary crimes attorney, one can be presented with options and answers as to the possible outcomes of one’s case.

In this case, the State is seeking time greater than Brewster has previously served, claiming that Brewster’s reappearances within the criminal system are costing tax payers too much money and wasting the judiciary’s time and energy. However, if Brewster were to obtain an experienced attorney, his attorney could argue that the system should try to rehabilitate this man through counseling to fix the repeated pattern he is facing in his life, and persuade the Judge to lessen Brewster’s sentence.

Continue reading " Florida Burglary Defendant Arrested On His 40th Charge " »

Florida’s residents as well as its lawmakers have a deep appreciation for and understanding of the difficulties that the elderly face, particularly with being able to be independent. Many caretakers for the elderly slave every day to make sure that their needs are provided for. However, lawmakers have taken special precautions for when those caretakers make careless mistakes, like betting on their career as a caregiver. If one has been charged with an act similar to this, one should contact an experienced attorney to fight for one’s case.

According to the Sun Sentinel, Mary Holly, a licensed nurse and caretaker, was accused of leaving her 95-year-old patient alone in a car outside a casino while she gambled for two hours. This charge comes after a visitor of the casino watched the elderly woman in her car for over an hour before calling the police. The elderly woman is reported to be fine, though, due to her dementia, could not answer any questions.

Jacksonville elderly abuse crimes are interesting crimes in that, like child abuse cases, typically the person that is accused of the crime is charged with the care of the victim. Many times, caretakers or caregivers get comfortable with their responsibilities and, due to the stresses of the responsibility, feel they need a stress reliever. However, on-the-job stress relief can cause problems for oneself.

Holly has been charged with neglect of an elderly person, which under Florida Statute 825.102, is failure or omission of a caregiver to provide the services necessary to maintain the elderly person’s physical or mental health, clothing, shelter, supervision, medicine and medical services that a prudent person would consider vital to the well-being of that elderly person.
Neglect of an elderly person is a third degree felony which brings with it up to five years in jail and fines of up to $5,000. However, an experienced Jacksonville elderly crimes attorney can provide a series of mitigating factors and defenses to this crime that can lessen the amount of time served and the amount of fines rendered.

In this particular case, the elderly woman was only left for two hours in her car, which is not a considerably long time to be left alone. She was not harmed in any way. She was not dehydrated or hungry, as many are when left for longer periods of time. She did not have any knowledge that she had even been left alone. The hospital that the woman was taken to after the police arrived on the scene said that the time spent in the car had not harmed her in any way.

Holly has already been forbidden from having any contact with the elderly woman, and from caring for any other elderly patients until her case is over. At this point, Holly’s main source of income is diminished and as a result of this charge, she will probably lose her employment. An experienced attorney could ask for the judge to take these factors into consideration in the punishment portion of her case, should her case reach that point.

Many people make mistakes in their job. People become stressed because of their workload and slack off. However, that lapse in judgment in the workforce which will most likely already ruin their employment opportunities in the future should not transfer to a criminal charge that will substantially ruin the life of that individual forever.

Continue reading " Florida Caregiver’s Two-Hour Absence Results In Elderly Negligence Charge " »

Jacksonville’s citizens sometimes feel the need to consume alcoholic beverages. However, those people who consume too much, sometimes resort to desperate measures to ensure that they can get that alcohol. This does not mean that they are bad people, and an experienced attorney can make sure that if they are arrested, they can get the help they need to recover and start anew.

According to the Miami Herald, two women were arrested for offering to flash people at a bar an in return, have their bar tab paid. These arrests came after the manager of the bar asked them to leave, followed by one of the women attack a worker at the bar at knife point. The cook finally had to drag them out of the bar, take their keys away, and call the police.

Jacksonville assault crimes are interesting cases to deal with, especially when alcohol is involved. Most assault cases involve some sort of disgruntled defendant who does not like the result of someone’s actions or inactions. However, some defendants would not be defendants but for an addiction.

Many times, when the accused committed the crime, they were not in the right mental state to make a rational decision. In this case, both the defendants seemed inebriated to the point that the cook at the bar had to take their keys. People make mistakes when they are drunk, and that altered state of mind may provide an option for a defendant.

Many times, the State will look to punish the defendant roughly in order to deter that defendant or set of defendants from ever doing a crime like that or any crime ever again. However, many times, the defendant has already made that choice to never do any crime intentionally ever again. At this point in the case, the defendant needs rehabilitation and counseling, not jail time.

The legal system employs a very helpful and pro-defendant procedure for defendants and their attorneys to use. The Straight plea is a manner in which rather than accept an offer for a guilty plea from the State, one’s attorney pleas directly to the judge, explaining mitigating factors and other factors that might make the judge be kinder to the defendant.

Many times, the State will offer a lower sentence to a defendant who they believe they have a stron case against. However, the plea deal that the State offers will not typically be on the lower end of the punishment scale. Many times in plea deal negotiations, the State will not budge on the option they offer. Thus, going forward with a straight plea can be the best option and when used appropriately, can be the safer option.

In this case, it is easy to see from the article that one of the women did not play a part in the actual attack. Furthermore, from what can be gathered, these women both struggle for income and probably have some sort of alcohol problem. These factors and others could be brought before a Judge by an experienced Jacksonville assault crimes attorney, and if argued properly, can ensure that the accused receives help from the legal system, rather than a detrimental prison sentence.

Continue reading " Florida Women Arrested After Flashing For Booze Money " »

Jacksonville’s residents sometimes experience times in their lives where they will be involved with the legal system, either being the victim of a crime or being the accused. However, if one is convicted of that crime, the punishment should not be unreasonable. If something like this has happened to someone, they should contact an experienced attorney to fight for one’s case.

According to WTXL news, the 1st District Court of Appeal has reversed an unusual Florida probation ruling requiring a man who non-violently resisted a police officer to attend a batterer’s intervention program. This program was specifically created for people who are convicted of domestic violence charges in an attempt to lessen the likelihood of recurrence.

Jacksonville probation cases typically involve cases in which someone has wrongfully violated their probation. However, in this case, the probation was wrongfully given. Many times in Jacksonville, people are placed on probation that may seem odd; the difference is that the probation requirements are reasonably connected to the crime that occurred.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

- Reporting to a probation officer
- Submitting to drug testing
- Being Prohibited from alcohol consumption
- Paying for Supervision costs
- Obtaining a job
- Being Prohibited from leaving the state
- Being prohibited from violating any law

These are just some of the standard requirements for probation. Even further, the judge deciding what terms are to be included in the probation sentence can impose some of their own particular terms to be added to the final sentence. Judges have flexibility in particularizing the terms to the crime and even particularizing the terms to the individual.

The Judge has the discretion to choose particularized probation requirements for particular defendants. However, those requirements must be reasonably related to the crime that was committed. In this particular case, that reasonability was absent.

Many times, the judge deciding probationary terms can be overzealous in their want to punish someone for a crime, or may try to over-zealously change the person to what they see the person should be like. However, many times, the judge oversteps his or her bounds. The Judge in this case required the man to attend a batterer’s violence program for anti-violence training. This requirement is in no way connected to the crime he was charged with, nor was the crime even violent.

Judges can be a bit extreme in what they think a person should serve. However, that does not make it right nor does it make the punishment proper. If one obtains an experienced Jacksonville probation defense attorney, one can make sure that one can have a proper probation that will not be unreasonable and can ensure that one’s case was handled properly.

Continue reading " Florida Probation Sentence Overturned For Unreasonableness " »

Many times in Jacksonville, as well as surrounding communities, people are accused of crimes they did not commit, such as a theft or gun crime. However, they may face hassles from police or the State who believes they are the culprit. When this happens, one should obtain an experienced attorney to fight for one’s case.

Jacksonville Criminal Defense Attorney Blog has been keeping an eye on the on the happenings since the Regency Mall shooting last week, and not to our surprise, Keith Anthony Brown, the originally accused suspect, has been set free. Brown was originally arrested for being identified as shooting an innocent bystander an attempted double homicide. However, mistaken identity strikes again.

Jacksonville gun crimes cases tend to be cases of eye witness shock, confusion, and many times, when cameras cannot identify the actual attacker, that eye witness testimony will be what the police go on when making an arrest. This procedure is commonly accepted and when used appropriately, is good for incarcerating the actual offender, limiting the ability of the offender to flee. However, the right person is not always arrested.

Many times, a person accused of a crime is not identified as that person until much later after the crime is committed. At that point, the victim or, in Brown’s case, the intended victim, will lose important details about their assailant. Unfortunately, this diminished capacity to correctly and properly identify their attacker leads to many wrongly accused arrests, like Brown.

Unfortunately, when the very weak at best eye-witness identification is relied upon, and that eye-witness identification comes from a seemingly adverse party, the police should investigate further. Fortunately, in this situation, the identification was looked into further. The real perpetrator, Joshua Rashaad Davis, has been charged with similar crimes as Brown was: carrying a concealed firearm and two counts of attempted murder.

The Jacksonville Sheriff’s office has come back and said that Brown was not involved in any way with the actual crime and that he was “in the wrong place at the wrong time.” However, this man is involved and will forever be involved with this case because he was falsely accused of a crime he did not commit. This man has had his name up in newspapers and tabloids all week, and as such, even though he is innocent, some people will never see him the same.

Many times in Jacksonville, people in Brown’s situation never have the opportunity for their case to be heard, nor their innocence brought to light. This is not acceptable and is a problem that must be fixed. If one obtains an experienced Jacksonville gun crimes attorney to fight for one’s case, one can ensure that the truth will be brought to light and that one’s innocence will be proven and rights restored.

Continue reading " Mistaken Identity Leads To Freeing Wrongfully Accused Man In Jacksonville Shooting " »

Jacksonville is filled with those people who aspire to be great. However, the stress of attempting to be great can be momentous, and as such, those people turn to substances that help them relax. However, those substances, when used in the quantity that they have been, can be destructive to that vision of being great. If one has been accused of a drug crime, one should contact an experienced attorney to fight for one’s case and ensure that one can continue on that path to greatness.

According to the Sun-Sentinel, Palm Beach County has sent dozens of drug offenders, particularly oxycodone addicts, to drug court. This action has come out of a growing trend in Palm Beach County to release these addicts to the drug court program, attempting to rehabilitate addicts and have them randomly drug tested to make sure they do not relapse and end up back in the system for the same crime.

Jacksonville drug cases can be routine from time to time; however, this does not mean that each drug case should be treated the same nor does it mean that each case has its own unique set of circumstances, defenses, and mitigating factors. These factors will determine whether one, in the mind of the judge, should go to jail, rehab, or a combination of both.

In Jacksonville, the police have one goal in mind when it comes to drugs: increase the number of arrests and cut down the amount of drug traffic. This is a great goal; however, when the person accused of the drug crime enters the system, they are no longer just a number. That person becomes someone who is now recognized within the system as having a problem. They have a recognizable face.

Unfortunately, those accused of these charges are not seen in that manner. Most are seen as routine offenders. Sadly, this thought is true of many offenders. However, people in this situation, especially repeat offenders, need treatment. This treatment must be better than a jail cell. For many, a cell is not a treatment center, but a place they must bide time in until they can get a substance to abuse.

In this case, most of the drug offenders are and have been accused of abusing oxycodone and oxycontin, both schedule 2 substances under Florida Statute 893.03. These substances have accepted medical uses but the State has recognized that these substances are not only harmful in high doses but are potential both psychologically and physically addicting. It seems that if the State is going to allow these harmful drugs to be prescribed by licensed physicians, the State would also recognize the problem they are for addicts.

The State be trying to clean these offenders up similar to what Palm Coast County is valiantly attempting to do. However, this is not the case in every county. But, that does not mean that one’s hope for a treatment program is out of reach. There are options other than a jail cell. An experienced Jacksonville drug crimes attorney can provide those options.

Continue reading " Rehabilitation Options For Pill Addicts in Jacksonville " »

Jacksonville murder trials can be some of the most interesting cases to be involved in, but unfortunately, some of the most complicated if those cases go to trial. Most people assume that any and every attorney is experienced enough in every phase of a trial, but one should not assume. One should obtain an experienced attorney who has the experience to ensure a favorable outcome.

According to the Bradenton Herald, jury selection is continuing in the murder trial of Gregory Kennon, accused of murdering Crystal Johnson, a 19-year-old expectant mother who was shot during a burglary in Johnson’s apartment. Kennon has been charged with two counts of first degree murder and armed burglary; if convicted, Kennon will face life in prison.

Jacksonville murder cases that involve jury trials typically result in a long and strenuous process for the defendant as well as the victim’s family. Most times though, the crucial part of the trial phase is the jury selection phase, which can make or break the defendant.

Voir Dire, or the jury selection process, is the process by which potential jurors are sorted through and weeded out in order to determine who will have the most impartial opinion from the outset and will, in theory, find the most fair and unbiased outcome for the case. However, the most fair and balanced outcome is not always guaranteed for the defendant.

The jury selection process begins by first interviewing a pool of jurors to find out whether any of the potential jurors knows any of the lawyers, defendant(s), witnesses or the judge personally, in order to determine whether the juror could be unfairly biased towards or against the defendant. The system is attempting to rid the system of its imperfection, however it’s people will be its downfall.

The jury selection process is flawed in that it selects jurors on a particular set of questioning, based on preselected set of criteria that a potential must meet to show impartiality. However, meeting a list does not determine whether someone will be an impartial juror or not. Many times people are simply lying in order to sit on a jury and intentionally harm someone by voting partially.

An experienced Jacksonville murder crimes attorney would know how best to go about picking a jury. One must have a jury picked to not only provide the most impartial, but to also be free from those who lie about opinions in order to participate, including such opinions as:

- Death penalty
- Murder crimes
- Racial issues
- Gender issues
- Child criminal involvement issues

These and many other factors can weigh heavily on whether a jury can be sure to be the best and most completely impartial set of jurors to date. Only an experienced attorney can be sure to provide that and only person can be sure that that experienced attorney has been obtained appropriately. You.

Continue reading " Jury Selection Begins in Florida Double-murder Trial " »

Jacksonville’s juveniles are curious, a good characteristic to have growing up. However, that curiosity can sometimes end fatally, and be costly to those around them. If one has been caught up in a crime such as this, one should contact an experienced attorney to fight for one’s case.

According to the Bradenton-Herald, Nailin Rodriguez was shot while her mother’s boyfriend tried to take the gun away from her. The shooting occurred after the mother’s boyfriend came into Rodriguez’s room and found her playing with the gun. Rodriguez is in critical condition, and the owner of the gun is yet to be determined.

Jacksonville gun crimes are most of the time intentional, due to the nature of the crime itself. However, there are those times where the act is not intentional, like in this case. There are cases that are specifically accidental. Unfortunately though, many times, people are falsely accused of intending to harm someone.

Many times in the legal system, the State, as well as the family of the victim, may become angry. Most of the time, these emotions are simply mourning the loss of their loved one. However, for the few that seek retribution for a retribution-less event, charges will be filed against the person who just happened to be there. No matter what the situation or what the accused is charged with, there is still a defense.

In this case, investigation is still and ongoing as such, no charges have been filed yet. However, if charges are to be filed, most likely the mother’s boyfriend will be charged. If charged, he will face a rigorous amount of time in front of the Judge, the State Attorney prosecuting him, and the many other people to interview him, not to mention the fact that he will be facing the legal ramifications of the unintentional and unfortunate harm that was caused to his girlfriend’s daughter.

In this case, if the boyfriend is charged, he will face an argument from the State Attorney’s office that will be fierce. Based on the facts of this event, the boyfriend could have taken the girl into another room and shot her, making it look like an accident. The State would also probably argue that because no one else witnessed the crime, no one knows what actually happened and whether the boyfriend’s testimony checks out.

Many people face similar situations such as this; however an experienced Jacksonville gun crimes attorney could provide a series of defenses to this unfortunate accident. In this case, an experienced attorney could bring to light the fact that the boyfriend was trying to protect the daughter by removing the gun from her hands. No one else witnessed the actual shot to show that the boyfriend had intent to shoot the girl, and even if they did witness it, none of the facts show that he intended harm upon the girl.

Continue reading " Florida Teenager Accidently Shot In Struggle For A Gun " »

Some people have the ability to think incredibly analytically, giving them the opportunity to achieve great things. However, that ability, when used illegally, can cause problems for not only one’s self, but for many other people. One in this situation should obtain an experienced attorney to fight for one’s case and ensure one’s rights are known and protected.

According to the Miami-Herald, Dorothy Boulin has been charged with stealing the identities of U.S. Marines and others in an effort to fraudulently obtain tax refund checks from the Internal Revenue Service. This scheme came after Boulin obtained a electronic IRS number normally issued to legitimate tax preparers, which she used to prepare multiple fraudulent tax returns.

Jacksonville Fraud and tax evasion crimes are tough cases in themselves because of the seriousness of the charges. When one is charged with fraud, one is typically charged with federal tax evasion. Most people think that someone who has been charged with federal tax evasion has to intentionally commit an act of fraud against the IRS. However, this is not entirely the case.

One can be charged with tax evasion for a number of reasons, including not filing one’s tax returns, owning a business and not collecting employment taxes, filing false information on one’s tax returns, falsifying tax related documents or any activity in general that is in any way evading of defeating the tax system.

The IRS not only realizes that the average citizen is not out to commit fraud against the IRS. However, the IRS is still vigilant and keeps tabs on citizens exhibiting certain financial characteristics, such as:

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

In the case of Boulin, the IRS hit the jackpot on suspicious behavior. The IRS took advantage of an undercover informant and through that informant, obtained 100s of pictures of stolen social security cards and driver’s licenses. Because of this, Boulin will probably be charged with identity theft in addition to the fraud charges she is already facing.

When one has been charged with a crime such as this, one should obtain an experienced tax crimes attorney. One should not through their possible defenses to the wind. Without an experienced attorney, one could be mowed over by an overzealous prosecutor who wants nothing more than to help the government. Don’t let this happen to you too. If one is a suspect of fraud, one should get a defense; the best defense possible.

Continue reading " Florida Woman Charged With Fraudulent Tax Return Scheme " »

Jacksonville’s malls, shopping areas and other attractions can be the site of some interesting events, from kids going to see Santa during the holidays to the occasional car giveaway during the summer. However, one does not assume that a shooting will be one of those interesting events. However, in events like this, those accused still have rights and should obtain an experienced attorney to fight for their rights.

According to the Florida Times-Union, Keith Anthony Brown has been arrested for shooting a sunglasses kiosk worker within the Regency Square Mall. The shooting was said to have occurred after Brown identified another man with his girlfriend and began shooting at them. Unfortunately, the woman that was hit was in the way of the gunfire and was hit.

Jacksonville gun crimes cases typically are crimes of passion or negligence. Most crimes of this nature do not actually involve someone who has planned to shoot someone. Rather, crime of this nature are spur of the moment, be it from anger, depression, guilt, fear, or some other emotion that takes control. Unfortunately, the law tends to be emotionless.

Brown has been charged with two counts of attempted murder. Because Brown has a felony arrest record, he has also been charged with possession of a gun by a felon. These offenses are very heavy, carrying up to thirty years in jail for each of the attempted murder charges and another possible fifteen years for the possession of a firearm by a convicted felon charge. These charges can be horrible to face when considering Brown’s criminal record as well.

Many times in Duval County, as well as other counties in the surrounding area, the State Attorney’s office will file charges against someone who they feel they have a strong case against, such as Brown. However, the State Attorney’s office may not see some underlying facts that in the hands of an experienced Jacksonville gun crimes attorney might help Brown achieve a favorable outcome.

In Brown’s case, Brown was in a store across from where the intended target was. It was not until much later after the shooting that the intended victim came forward and helped identify the victim. This identification was made by Brown’s now ex-girlfriend and the man she was with. This may not seem like an important fact, but at second glance, it sheds some light into what might actually be going on here.

An experienced attorney would look at this same set of facts and see that this identification made by the intended victim was the only identification that tied Brown to the scene of the crime. This identification could have been made out of anger or intended harm towards Brown. There is already tension between Brown and his girlfriend and as an extension, the man that was with his girlfriend during the shooting. Brown may not have even been there, placing a doubt as to whether he actually committed the crime.

Many people in Jacksonville could face similar facts and similar gun charges and will need an experienced attorney who knows not only how to defend them based on the law, but who can analyze the facts and determine not only what actually happened, but know how to protect that person based on those concrete facts. One should not fear the legal system. One should hire an attorney who will be as just as aggressive on those charges as if they were facing those charges themselves.

Continue reading " Arrest Made In Jacksonville Mall Shooting " »

Some of Jacksonville’s drivers can be very conscious as to the risks they take, and as such, are more courteous than others. However, there are those who do take risks that lead to probation. If one has been charged with violating one’s probation, one should contact an experienced attorney to fight for one’s rights.

According to the ABA Journal, Emilio Santacruz, an epileptic man has been given a sentence of nine years in prison for violating his probation by obtaining a driver’s license. This sentence is the result of his original probation requirements of never driving again and revocation of his original driver’s license. Santacruz said that the only reason he obtained a new license after the old one was revoked was because he needed a driver’s license for his job. The judge disagreed.

Jacksonville probation cases can stem from simple violations that the person on probation probably did not know about or was mistaken about. Others can stem from direct violations not only explicit clauses of one’s probation, but direct violations of other laws themselves. No matter what the case, one should not have to suffer tremendously for violations of probation.

Probation typically involves some sort of court order to refrain from a particular action or remain free from breaking any laws. However, when the legal system fears that a person is a danger to society, the particular judge rendering the probation may require that the person not do a normal, commonly safe activity. In Santacruz’s case, that activity would be driving.

Santacruz was involved an unfortunate accident that resulted in the death of a woman in 2002. What caused the accident was Santacruz’s unfortunate onset of an epileptic seizure which caused Santacruz to lose control of his vehicle. His doctor had told him not to drive, but Santacruz did not think his condition was that serious. However, the first judge Santacruz went before did, pulling his license and forbidding him to drive.

Most courts accept the defense of a medical condition such as epilepsy if the accused did not know they had epilepsy previously. However, Santacruz was aware of this fact. In 2008, against his probation, he obtained a new license. Because of this violation, he received a nine year sentence. If Santacruz had obtained an experienced Jacksonville probation attorney, his attorney would have been able to provide a top-of-the-line defense to his violation.

Santacruz’s reason for obtaining the new license was for his job. Most employers require that one have a driver’s license in order to be hired for the job. Santacruz has a wife and children. As a husband and father, Santacruz has to put food on the table and if he cannot obtain a job because of a lack of a driver’s license, he cannot support his family.

Furthermore, an experienced attorney has the knowledge and skills in how to deal with particular judges like this. An attorney that has gone before that particular judge knows what and how that judge thinks and as a result, may be able to predict not only what the outcome will be for the accused, but may be better able to present a defense that that particular Judge will be more sympathetic towards and more willing to accept.

Continue reading " Florida Man Gets Nine Year Prison Sentence For Probation Violation " »

Jacksonville’s citizens are and have suffered from the many ways in which the police have been able to obtain search warrants and search one’s self and belongings. However, the Supreme Court has taken a step in favor of citizen’s rights and immunities in this area. If one has been the victim of a search one believes was unlawful, one should contact an experienced attorney to insure one’s rights are protected.

The Supreme Court, in its 9-0 unanimous decision, decided that the police could no longer use GPS trackers on cars without search warrants, the Sun-Sentinel reports. This decision comes after a man’s car was tracked with a GPS device that was placed on the man’s car while it was parked on the street. The police officers that put the device on the car did not have a probable cause to place the device on the car other than a hunch that an illegal activity was occurring.

Florida warrants cases normally involve a police action that is questionable on the basis of probable cause. Normally, the police officer has a reason to believe that an illegal activity might be occurring and has no proof that it is occurring or has no reasonable assumptions to go on. The police then act on this very vague and un-backed hunch, search the premises or person they suspect the illegal activity is stemming from, and through that evidence collection, the person is found guilty. This would be fine, except for the fourth amendment of the Constitution.

The Warrants Clause of the Fourth Amendment to the Constitution states that “[N]o Warrants shall issue, but upon probable cause, supported by Oath of affirmation, and particularly describing the place to be searched, and the person or things to be seized. The most important part of this clause that protects citizens from being randomly searched without cause is the probable cause portion.

Police must have probable cause to search your property, seize your property, or track your property. Most of the time, if the police have a case on someone from the outset, they will be obtain the warrant to search that person legally and will obtain that warrant before the search. However, many police officers will obtain the search warrant after the search has been done, or search enough unlawfully to obtain the warrant via probable cause. However, there are times when the police have both not obtained a warrant, but also have no reason whatsoever to search that can be justified by facts or even reasonable suspicions.

This is what happened in this very controversial Supreme Court case. The police believed that there was something going on, were not sure what was going on but had a hunch, and acting on that very loose suspicion, placed a GPS tracker on the car to figure out what was going on. This is a direct violation of probable cause and therefore cannot be used against someone in Court legally.

If one has been a similar situation such as this and believes one has been searched unlawfully, one should contact an experienced Jacksonville warrants attorney to fight for one’s case. With an experienced attorney at one’s side, one can feel comfortable that the evidence that was obtained unlawfully against one will not be used in Court.

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Jacksonville’s youth, particularly those who are disadvantaged mentally, do things that are violent and offensive. However, just because they have done something of this nature does not mean that they intentionally did it, nor does it mean that they are bad children. If one’s child has been charged with an offense such as this, one should contact an experienced attorney to fight for one’s case.

An eleven-year-old New Port Richey special education student lit a middle school child’s pants and arm with an aerosol can, the Florida-Times Union reports. The special education student lit a body spray stream on fire and aimed for the victim in the boy’s bathroom at the school. The offending child has been subsequently charged with aggravated battery.

Jacksonville juvenile crimes cases tend to air on the side of the intentional, as most cases involve a teenager who commits a crime such as a battery or other type of offense such as criminal mischief. However, occasionally, intent can have major pull on whether the offense charged will be the offense the juvenile is convicted of.

The accused child in this case has been charged with aggravated battery which is a second degree felony under Florida Statute 784.045. For a person to be convicted of the crime, one must have intentionally or knowingly caused great bodily harm, permanent disability, or permanent disability, or uses a deadly weapon. The statutory language will play a great role in whether this child will be convicted of the crime he was charged with, even more so in the plea deal that the State will most likely offer the child.

Some of our city’s mentally disabled children do not understand the consequence s of their actions. This lack of understanding allows for an experienced Jacksonville attorney to provide a defense to a child like this’ actions. In this particular case, an experienced attorney could argue that the child did not understand that the make-shift torch he created could cause bodily harm.

Further, under 784.045, permanent bodily harm or permanent disfigurement is required. In this particular case, the child that was hurt did not suffer permanent bodily harm or disfigurement from what can be gleaned from the article. What can be discerned is that the child’s pants caught fire and the child’s arm hair was singed off. Even though the child’s burns are unfortunate, the fact is that the child’s hair will grow back and no permanent damage was done.

Finally, under 784.045, if permanent bodily harm or permanent disfigurement is not satisfied, then the battery must have occurred with a deadly weapon. This may be a slight bit tougher for the attorney to beat, but may still be able to be beaten nevertheless. An attorney could make the argument that the lighter and aerosol can by themselves are not deadly weapons, and if the court allows this child to be found guilty because they believe the make-shift torch to be deadly weapon, then the court would be walking down a slippery slope to allowing pens or other objects to be considered deadly weapons when their common purpose is contrary to what they are being called.

Many times, the State Attorney’s Office will see a case like this as an easy every-day case to walk through and be done with, and will charge it as such. However, this is a mentally disabled child that they are dealing with. That child has rights that should be protected. An experienced Jacksonville juvenile crimes attorney can and will protect those rights.

Continue reading " Special Education Student Charged With Florida Aggravated Battery " »

The legal system is filled with those who in an effort to stay out of the court system, end up with worse problems than they originally had. These people are the targets of warrants, be it from evading the court, or possibly forgetting about a court date. No matter what the particular set of circumstances, if one has been the victim of an arrest warrant, one should contact an experienced attorney to fight for one’s case.

According to WOUB news, Nicholas Gallinoto, a convicted sex offender was tracked down and arrested in Ohio on a Florida arrest warrant. The arrest warrant was issued for not registering on the Florida sex offenders list. At the time of his arrest, Gallinoto was using his brother’s name, Jerry Gallinoto, to hide from the Florida legal system.

There are many types of Florida warrant cases, be it search warrant cases, inspection warrant cases, or arrest warrant cases, but the most common and most crucial to the accused in the legal system typically are arrest warrants.

An arrest warrant in Florida is typically known as a Capias, or bench warrant. Most arrest warrants are issued for many reasons including:

- Violation of probation
- Committing a felony crime in the state that the warrant is to be issued
- Failure to comply with a court order
- Failure to appear for court

Most arrest warrants are either bond warrants or no-bond warrants. This means that the judge issuing the warrant looks at the particular set of circumstances surrounding the request for the warrant, the nature of the offense itself, and whether the offense is something that is serious enough for the person it is issued against to be incarcerated until their next scheduled court date.

Many times, questions of whether the arrest warrant will have a bond attached to it are controversial, particularly with warrants issued for missing court. Many times, if a person has missed court, it is normally because they wrote the wrong court date on their calendar. However, for those people who are repeatedly missing court dates, the legal system and the judges who issue those arrest warrants will be particularly hard. In other words, that person is not being issued a set bond and will have to sit in jail.

Most of the time, the accused has the ability to petition the court for a bond hearing. However, at this point, one is very much so at the mercy of the court and its discretion as to whether a bond will even be set, even more so how much the bond will be. In some situations, even if the person is able to persuade a judge to entertain the idea of a bond hearing, most cannot afford the cost of bond.

If one obtains an experienced Jacksonville warrants attorney however, one will have a strong chance of not only obtaining a bond hearing, but a strong chance for a reasonable judgment on the bond and the case in general. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Continue reading " Sex Offender Arrested For Identity Theft On Florida Bench Warrant " »

The average Jacksonville resident does and has felt safe in their home and neighborhood. Unfortunately though, when the unthinkable happens, the average freshly distressed resident has very little ability to identify their own attacker, leaving holes for the average criminal to escape from. However, this also leads to the possibility of mis-identification. If one has been charged with such a crime, one should contact an experienced attorney to fight for one’s case.

According to the Bradenton-Herald, a man, while in his drive way, was robbed by an unidentified mugger, according to the Manatee County Sheriff’s office. The man was robbed just as he was getting to his home. The unidentified man ran up, pointed a gun at the man, stole his belongings, and then ran. The victim believes that he might have seen the assailant previously at a convenience store that day.

Most Jacksonville theft crimes involve some manner of shock to the victim. For some, this shock of being robbed allows for them to imprint on their minds a very decent description of the suspect in question. However, this is not always the case. For many, the shock, confusion and feeling of pure distress is something that is very blinding. Furthermore, the description becomes even worse the longer it has been since the crime.

Most victims, when asked for a description of their attacker, be it a mugging, sexual assault, or convenience store robbery, will give a very vague description as to the suspect. This is enough for the Jacksonville police to conduct a very loose search for a suspect; however, many times, it is not enough to confirm one person on. This problem has increased the use of lineups.

Typically, when the police have too many suspects to go on and the victim is not entirely clear as to the suspect’s description, the police will have the victim identify the suspect via a line-up, a procedure by which police take loose descriptions of the assailant, find people that could have been within the vicinity of the crime that match the description of the suspect, and allow the victim to point to which person they think committed the crime.

Line-ups have been used for some time by police; however, this common usage is not a good practice because there is a great possibility that mis-identifications can occur, leaving good people falsely accused of crimes they did not commit. These false accusations lead to charges that can completely wreck someone’s life, even if their name is cleared. However, if one contacts an experienced Jacksonville theft crimes attorney, one can make sure that if one has not committed the crime, one’s charges will be dropped, and if one has committed the crime, one will have the best defense to that crime and will hopefully have the possible punishment lessened.

Continue reading " Jacksonville Line-ups Not An Efficient Method Of Suspect Identification " »

Jacksonville’s animal owners typically take good care of their pets. However, there are those who are cruel to them. Florida’s legislature has placed some steep penalties those convicted of animal cruelty crimes. If one has been charged with animal cruelty, one should contact an experienced attorney to fight for one’s case.

According to the Bradenton-Herald, Willie Bell of Manatee has been sentenced to 40 days in jail for tying a thirty pound dumbbell on around a dog’s neck and putting the dog in the Manatee river, twenty-five yards from shore. The dog was found by a police officer that was passing by in his vehicle.

Jacksonville animal cruelty crimes typically tend to be less violent crimes that involve someone hoarding animals or not feeding the animal everyday. However, there are occasionally those animal cruelty crimes that tend to be malicious and willfully cruel toward the animal. But how does the legal system determine how to properly deal with an animal cruelty case?

Intent is a major factor in crimes such as these, and Florida statutes, particularly Florida Statute 828.12, are written with intent in mind. Animal cruelty charges range from first degree misdemeanors to third degree felonies, the former carrying up to a year in jail, and the latter carrying up to five years. The legislature wrote the statute this way so that those who have cruel intentions against the animals are punished more heavily than those who were negligent or careless.

Intent is can sometimes be easy to determine and sometimes hard. However, typically the court as well as the lawyers involved will use the testimony of the accused to help sway a Judge or jury to find or not find intent. This can be great for the accused, specifically if the accused has told multiple witnesses as well as police that they have no intention of hurting animals. However, this can also be a horrible avenue for the accused if there has been any mention of hurting animals for fun or wishing mal-intent against the particular animal in question.

In a case such as Bell’s, intent will play a major part in not only the charge, but the sentencing phase, should the case go that far. In Bell’s case, his particular set of facts were played against him to the fullest extent. Bell took someone’s dog, strapped a thirty pound weight around its neck with what was described as a rubber cord, put 25 yards from the shore line, and was left treading water for fifteen minutes. Without an experienced Jacksonville animal crimes attorney at one’s side, facts like these could be finishing.

Continue reading " Florida Man Convicted Of Making Dog Swim With Dumbbell Around it’s Neck " »

Robberies tend to be some of the less brazen and more quiet of offenses, being most of the time at night and with the least amount of witnesses possible. However, some robberies are becoming more common place and during the day. If one has been charged with a crime such as this, one should contact an experienced attorney to fight for one’s case and bring to light defenses that one may not know about otherwise.

According to the Florida Times-Union, a Boost Mobile sales clerk was shot at the Boost Mobile retail store on Kings Rd. The incident occurred around 5pm. A still unidentified man walked into the store, demanded money, and when the clerk confronted the man, the robber shot him in the arm.

Jacksonville theft crimes are very common in kind and in practice. Most involve a smaller store, such as a gas station, an identifiable target, and a weapon. However, most of these crimes have one major problem that is inescapable: security-cameras. Security cameras have been the major culprit for why robberies have been solved and in a reasonably short amount of time. However, robbers know this and have taken steps to combat the problem.

Most robbers now were masks, as most know. However, there is an increasing problem as to identifying the robber. If, for instance, a person robs a store with an average height, average build, and is masked, and possibly is wearing baggy clothing, and the police have no opportunity to know whether the robber has facial hair, what color skin the person has, or any identifying marks, then, in a sense, the robber is now a ghost.

This growing problem of identifying suspects is becoming an issue with false identification. Many people who might match one or two characteristics of a robber might be subject to police questioning or even possibly an arrest. Some happen to be in the wrong place at the wrong time. However, just because you have been arrested for a crime you didn’t do, doesn’t mean that there is no hope.

An experienced Jacksonville theft crimes attorney can provide one the best defense possible to fight for one’s case and have the truth of one’s innocence brought to light. Being falsely identified by the legal system can be one of the most horrifying things possible, especially when one’s job might be on the line or reputation in the community.

You should not have to go down for a charge that you were not involved in. Just because someone else made a mistake, does not mean you have to live with the consequences. If you know you have been falsely accused of a criminal charge such as a theft crime, do the right thing. Do the smart thing. Contact an experienced attorney to fight for your case and ensure that the charges against you are dropped.

Continue reading " False Identification Defense To Boost Mobile Store Robbery in Jacksonville " »