Jacksonville Criminal Attorney Blog

Jacksonville’s citizens have activities that they must keep away from authorities simply because those activities are illegal. However, when those people are arrested for those crimes, they deserve a defense to their charge and an honest outcome rather than an extremely harsh punishment for a crime that is nowhere near worth the punishment rendered. If one has been in an a situation like this, one should obtain an experienced attorney to fight for one’s case.

According to The Bradenton-Herald, Marvin Leonard Morris Jr. was arrested for evading police and trafficking cocaine. Morris Jr.’s arrest came after Morris Jr. crashed his car into a tree while police were chasing him, continued running on foot, and was later caught by police after his baggy shorts fell down and tripped him.

Jacksonville drug crimes normally involve the accused making bad choices and because of those choices’ consequences, being scared for the outcome of criminal charges being brought against them. This is the common fear of someone who knows the police are on their trail and are scared to go to prison or face the possibility of prison. However, one has options that can significantly lessen the amount of time one might spend in prison.

Many times in Jacksonville, the legal system, from the police who arrest to the prosecutor in charge of one’s case, will attempt to sway the judge and jury, if the case reaches that point, to believe that by running away from police, one is trying to show the world that one believes his actions are justified. However, just because someone runs away from the police, does not mean that one is condoning one’s actions as good conduct.

The legal system treats the act of running or evasion of police as an aggravating factor for punishment. However, the reality is that the individual accused of the crime is scared of not only what sentence will be rendered against that individual, but even more scared of what will happen to that person once one they are behind bars. However, the option of not running can sometimes be a better solution to one’s fear.

Many times one knows that it is only a matter of time before the police find and arrest oneself for the crime in question. If one is aware of this inevitable fear, one should obtain an experienced Jacksonville drug crimes defense attorney to fight for one’s case and ensure that one’s legal rights are known and protected. Many times, if one turns one’s self in to police without resisting, the court will be considerably less hostile and more considerate to the accused and possibly lower the sentence considerably.

One should not risk going to jail for a long period of time when the possibilities of starting over a new life sooner and with an easier sentence to bear are right at your doorstep. Do not waste one’s time trying to worry about what might happen and choose the best possible outcome that one wants to happen with the help of an experienced attorney at one’s side.

Continue reading " Florida Man Caught With Pants Down In Drug Trafficking Case " »

Jacksonville’s citizens want to feel safe in their homes and neighborhoods. Unfortunately though, there are those people who form gangs and attempt to harm others through their associations. However, that when that individual is prosecuted for their crimes, they still have certain rights under the Constitution and laws of The United States that must be protected. If one has fallen victim to this sort of situation, 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, Eric Steven Ellis has been convicted of federal racketeering charges as being part of a gang, and Maynard Kenneth Godwin is facing similar charges as the gang’s leader. Ellis is facing life in prison, while Godwin is possibly facing a new set of jury deliberations, as one juror’s misconduct in following jury instruction will most likely expel him from the jury, causing an alternate to have to fill his place.

Jacksonville racketeering crimes normally involve some form of organized crime such as gang forces, money laundering, illegal online gambling or other forms of ongoing criminal enterprises. However, the fact that the individual being charged with the crime happened to be a member of a gang does not strip them of their Constitutional right to due process and justice.

The jury, in a trial, is one of the most rudimentary and important parts of a trial because the jury represents the community of one’s peers casting judgment. However, the risk of community judgment in the form of a jury is that outside sources and influences could drive one of the jurors to be impartial. To fight this problem, the legal system imposes an enormous responsibility upon jurors to stay impartial in their findings by following jury instructions from the judge.

When a juror either disregards the judge’s directions as to the intake of evidence for consideration, arguments that were heard and facts to be construed, the juror disregards the defendant’s right to an impartial jury. Therefore, when this sort of misconduct is found in a juror, an alternate juror must take his place, causing jury deliberations to start over. This is the court system’s way of making sure that the jury stays as impartial in their decision as possible.

In this case, the juror accused of misconduct was going to disregard the Judge’s jury instructions and do research on racketeering via Google. This may not seem like a big deal to some, however, this is very important because Google sources have definitions of racketeering that are not the exact law and are not a basis by which to make a decision. Furthermore, what a website’s contents might say might possibly sway the juror in or out of favor with the defendant.

Many times in Jacksonville trials, the courtroom is filled with a tense feeling of anxiety and fear when the jury is let back in for the reading of the verdict. One should be able to feel secure when that verdict is handed down that the jurors involved protected one’s rights to impartiality. One in a situation like this should obtain an experienced Jacksonville racketeering crimes defense attorney to fight for one’s case and ensure one’s rights are protected.

Continue reading " Juror Misconduct Leads To New Jury Deliberations In Jacksonville Racketeering Trial " »

Jacksonville’s citizens have many problems within their lives that bog them down, depress them and cause them to sometimes go insane. Unfortunately, actions typically occur during that period of insanity that might be subject to criminal prosecution. If one has been in a situation like this and believes they were not in the right mental state, 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, Verna McClain is charged with capital murder in the shooting death of Kala Marie Golden. The murder was said to have occurred over a child kidnapping, resulting in McClain shooting Golden multiple times and driving away in her car. McClain was said to have recently suffered a miscarriage and wanted a baby no matter what the cost. She has sense turned herself in and confessed.

Jacksonville felony violent crimes typically involve some sort of anger, rage or mind-altering emotion or state that would make one not aware of the consequences of one’s actions, or makes them think that their actions are right and thus they are justified in the action. Unfortunately, this state does lead to serious harm and death if the individual cannot cope with the situation.

Under Florida Statute 775.027, the defense of insanity allows for the accused to show the court that at the time the crime was said to occur, the accused was suffering a mental infirmity that caused the accused to not know the consequences of one’s actions and that one’s actions were wrong. This defense is particularly notable in this case because McClain was recently mourning the death of her unborn child.

A perfectly normal person of a reasonable mind may still have tendencies toward the insane, particularly when a traumatic event such as a close death or a car accident. No matter what the particular circumstance surrounding the event, if the person is truly insane during the period of the crime, then that person will have to show that something caused this mental infirmity and that the infirmity caused them to not think about their actions.

In this case, it is easy to see from very few facts that McClain was suffering from the death of her unborn child, decided to give in to her ideas of obtaining a child through kidnapping, and the first child that she happened to see caused her to snap and become violent. Her insanity was temporary, because after the crime was committed, she realized what she did was wrong and turned herself in. Her showing of recognizance by turning herself in further shows that actions like her deathly behavior was not normal for her, suggesting a brief period of insanity.

Many times, people go through with actions that they would not normally ever think of doing because of altered states of mental acuity. When this happens, things said, acts done, and effects rendered can leave the accused what seems like a very rough position with no way out. However, if one obtains an experienced Jacksonville felony violent crimes defense attorney to fight for one’s case, one can ensure one’s rights will be known and protected.

Continue reading " What Insanity Plea Means For Jacksonville and Texas Woman in Child Kidnapping/Murder Case " »

Jacksonville’s citizens have mischievous ways about them at times and do things that are small violations of the law. However, when the time comes for the law to collect for those crimes, teenagers receive the blame. If someone or their child has been accused of a crime such as this, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, three cars driving down Silver Saddle Drive were struck by bricks and other debris from an unknown source. The crimes all occurred in one night, the debris coming from the woods beside the road. After further investigation, the police found a pile of bricks and wood on the edge of the woods close to the road. No one was injured.

Jacksonville criminal mischief cases typically involve some sort of immature act that is not entirely serious in nature but at the same time, reflects some possible danger for the victim, either monetarily or physically. Unfortunately for Jacksonville’s juveniles is the fact that juveniles are blamed for the majority of criminal mischief activities, even if there was no minor involved at all.

Under Florida Statute 806.13, the crime of criminal mischief tends to be a misdemeanor offense. However, the severity of the charge an accused individual will be charged with is based on the amount of damages done to the victim’s property. However, the damage done to the accused, particularly a minor teenager who did not do the crime and has no real proof of that innocence, will be extraordinary.

The State, police officers, and unfortunately many members of society feel that children have an innate sense of mischief and want for destruction; give those kids a way to accomplish a mischievous goal, and they will do it. Furthermore, when a minor is the accused, the child is automatically assumed to be guilty by way of the fact that mischievous conduct is the kind of conduct that is most common among teenagers. However, the guilty until proven innocent ideology is not what the Constitution of the United States was created for.

In this case, a brick and wood pile was left on the side of the road and the same bricks were used to bust car-windows and put dents in unsuspecting victims’ cars as they drove by. However, no witnesses are available, and neither are any possible identifying suspect characteristics. Unfortunately for those adolescent children who live near that area, those children will be the first target for questioning from police and possible arrests will soon follow.

Many times throughout Jacksonville, accused people are subject to hunch theories that lead to their arrest and hassle in the court system. If one or one’s loved one has been the victim of such abuse, one should obtain an experienced Jacksonville criminal mischief defense attorney to fight for one’s case and ensure one’s rights are known and protected.

Continue reading " Three Cars Hit By Bricks in Mandarin, Suspect Unknown " »

Jacksonville’s citizens make mistakes; however, the legal system does not see mistakes as mistakes, but rather heinous conduct that will not stop without severe punishments. The accused is then subjected to an extreme punishment for a crime that, many times, the accused never committed themselves. If one has been involved in a similar situation, 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, Merle Shamblin of Flagler County was arrested on a Flagler county warrant at the U.S.-Canadian border in New York. The arrest came after a warrant was issued for Shamblin, who was wanted in suspicion of 40 counts of child pornography. Shamblin went on the run after a computer repair shop employee fixing Shamblin’s computer noticed the pornography and reported it to police.

Jacksonville child pornography cases are tragic in many ways. The victims are always innocent and defenseless children who never consented to being involved in these images and videos. This is a practice that should not be allowed under any circumstances. However, for the quickly growing number of individuals with wireless internet at their houses, the risk increases for an unknown individual to steal internet and obtain child pornography.

Child Pornography is a third degree felony worthy of five years in prison. This is a big sentence for someone to serve when another individual on a wireless laptop accessing these kinds of materials is most likely the culprit. The reality of the situation is that someone who has just set up their wireless internet or has not password locked it stands a big chance of being falsely accused.

The police and federal agencies track people they think have child pornography with the internet as well. Using the signature left from one’s wireless modem, the authorities can pick up and track certain suspicious internet activity. However, that tracking only goes so far as the modem, leaving the owner of that modem many times at the mercy of the police who will immediately assume guilt where there is none.

Furthermore, the amount of pressure the State will put on the police to make an arrest and charge someone is enormous. Outside pressures to track down and crack down on child pornography crimes are heavy, and many times that pressure leads a police officer to make an arrest on less than what is required. However, one should not suffer because of a police officer’s inability to look at all possible options and possibilities of who might be the perpetrator.

Unfortunately the time and energy required to fight a charge of this nature can be tremendous. However, if one obtains an experienced Jacksonville child pornography defense attorney to fight for one’s case, one can be sure that one’s defenses, options and legal rights will be known and protected. One cannot risk going to prison for a long period of time for a crime one did not commit.

Continue reading " Florida Man Suspected of Child Porn Arrested at U.S. - Canadian Border " »

Jacksonville’s and surrounding areas’ use of ATM machines has been unprecedented, as the need for speed has increased in our citizen’s lives. Unfortunately for some, the amount of time it takes to make the money is too much of a burden, pressuring those few individuals to rob those ATMs. If one has been accused of a theft crime such as this, 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, Jacksonville has been plagued by hooded men who having been stealing entire ATM machines. The crimes have been said to occur as an undisclosed amount of men in dark hooded clothing have been driving up to several ATMs connected to convenience stores in a Gold Dodge Ram Truck, ripping the ATM machines out of the wall with a tow cable, loading the machine in the truck, and then driving away.

Jacksonville theft crimes typically involve some sort of innovation on the part of the suspect, but normally an innovation such as this is unheard of. These innovations are great in the field of criminal activity. Unfortunately for the accused though, is that technology is attempting to keep up with these new tricks. These advances help the State when attempting to find a perpetrator, as well as increase the evidence against the accused should that individual be charged.

The security cameras in convenience stores, as well as red light cameras and other visual devices around intersections were convenience stores are commonly located can and are used many times against the accused. However, that evidence is only as good as the focus of the lens of a camera. Many times, these blurry and pixelated images are not and should not be considered enough to put a positive identification on the accused.

In this case, the State, as well as the Jacksonville police, will attempt to show through video footage as well as image enhancement software that pulled possible license plate numbers in order to find the vehicle yields positive results. However, the improbably of finding proper conclusive evidence to convict someone of such a crime is hard and limited, and is not enough to prove that someone committed a crime such as robbery.

Many times, an accused party in a criminal prosecution will have police knock on one’s door and attempt to distill fear and coerce identifying testimony that will be used to convict one of a crime. However, one should not speak to the police or anyone else. The only person that one should confide anything in is one’s experienced Jacksonville theft crimes defense attorney, who will be fighting for one’s case and making sure that the legal system does not make the accused the victim.

Continue reading " Jacksonville Theft Crew Stealing Convenience Store ATM Machines " »

Jacksonville’s grocery and convenience stores are subject to many robberies and break-ins, as many of these stores are unguarded and easily accessible. However, when the witnesses go to the line-up, how can someone’s memory be relied on to recognize the perpetrator? If one in a situation like this obtains an experienced attorney to fight for one’s case, one can ensure one’s rights will be protected.

According to the Florida Times-Union, a masked man robbed a Winn-Dixie on Normandy Blvd on Jacksonville’s Westside. The crime was said to have occurred at around 11pm, when the unknown perpetrator entered the store, pointed a gun at the employees and demanded money. The suspect fleed on foot and is still being sought after by police.

Jacksonville theft crimes, particularly involve somewhere were the accused party could be seen from multiple angles, via witnesses, cameras and other manners. As there has been an increase in technology over the past few decades, it is nearly impossible to escape a camera of some sort. However, as many know, technology does not always work and the memory of a shaken up victim can be faulty.

Many times throughout Jacksonville, the victim is questioned long after the incident was said to occur. The problem with this late questioning is that the later the questioning, particularly the description of the perpetrator, the farther from reality that picture gets. This manner of suspect identification can be helpful for immediate incidences; however, immediate response to the scene of a crime does not always happen.

The police can only go on what the victim and the security footage shows. Many times, this leaves a large margin for error in evidence collecting, as the video footage is many times blurred out to the point of a bad description. This means that for the few unfortunate victims of vague descriptions, a person walking home nearby the incident in any case who happens to match the description of the suspect will be tagged for questioning and most likely abusive treatment by the police.

Most of the time, the accused in a case involving videotape and witness identification will be scared of the possible negative outcomes. This fear multiplies considerably when the State says they have them on tape and can convict them. However, videotape is subject to error as well as the human-interpretation of that tape.

If one has been a situation like this were the State or the police have threatened to prosecute one because of a witness or video identification that was wrong, one should not hesitate. One should obtain an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure that one’s rights and defenses are known and protected. One should not risk going to jail for a long period of time for a crime one did not commit.

Continue reading " Jacksonville Grocery Store Robbed By Masked Gunman " »

Jacksonville’s citizens like to have a feeling of security from trespassers on their property, because they simply do not wish to be bothered. For some, this means advertisers or people who wish harm upon them, such as thieves. However, for some, this means police, and if one is involved in something illegal, one stands the risk of being harmed by the police. However, if one obtains an experienced attorney to fight for one’s case, one can ensure one’s rights will be protected.

According to the Florida Times-Union, Andrea M. Sheldon of St. Johns county was gunned down in her yard by four police officers. The incident occurred after police got a tip while on the way to another scene that there was a domestic violence dispute between Sheldon and her husband involving guns. When the police arrived, Sheldon came out the front with a shotgun in hand, after which the police officers shot her 4 times.

Jacksonville police crimes normally involve some sort of police failure, inaction, or overreaction that causes some physical harm or even death. No matter what the circumstance, the police must still be held responsible for the crime they themselves have committed by not following proper procedure as well as assessing the situation to the best of their ability and following the right course of action.

Many times in Jacksonville, the police will arrive on the scene of an alleged crime without any or very little information to go on, and immediately overreact when any violence or possible violence is seen. For many police officers, this means pulling out a gun and shooting before they get shot. However, common practice does not equal common right.

The police have a responsibility to protect and serve citizens. Unfortunately, if citizens have to worry about a police officer arriving at one’s house and shooting one based on an anonymous tip from another location away from one’s house, who can a citizen trust? Police officers and the State may try to hurt or lie to one, but if one in a situation such as this obtains an experienced Jacksonville police crimes defense attorney to fight for one’s case, one can ensure a strong and honest defense to one’s charge and a better outcome for the future.

Unfortunately for Sheldon, her defense could not be mounted. She was stripped of that right. However, Sheldon is a symbol for others and should be a major lesson for the police, that one has a right to stand for an alleged charge rather than being denied not only the right to defend one’s self, but the right to live. One should not have to die because of a skittish police officer who does not know how to handle a situation without violence.

Continue reading " St. John’s Police Shoot Hospice Nurse In Front Yard " »

Jacksonville’s elderly have an astounding amount of mobility for the amount of stress they have put on themselves from working hard labor jobs and trying to put food on the table for their families. Unfortunately, our city’s elderly do not always have their mental capacities and quickness about them for driving purposes. However, that does not mean that that elderly person should go to jail for an accident they did not intend to happen. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Thelma Wagenhoffer of Palm Coast ran her car into a Publix, injuring ten people. The crime was said to occur as around 1:25 in the afternoon, when Wagenhoffer for unknown reasons kept going and ran her car straight into the doors of the grocery store. No one was seriously harmed, Wagenhoffer herself sustaining no injuries. The police are still investigating the incident.

Jacksonville traffic violations cases normally involve an accused party that is within their 20-40’s. At that age, many people feel the need to drive faster or more reckless, and thus are more prone to accidents and mishaps on the road. However, when the accused is an elderly person, the considerations for prosecution as well as possible defenses change dramatically.
Many times throughout Jacksonville ,the accused can also be the victim of the system. In this situation, Wagenhoffer is 76-years-old, an older, frail woman who has just been thrown into the clutches of the legal system. She is shaken up that this kind of accident happened, and even more shaken up at the possibility of having to face harsh penalties for something she most likely did not mean to commit.

Unfortunately for many people in the system, the reality of accidents can be enough to shock one’s conscience into sorrow and remorse. However, the State does not always take that remorse into account when attacking the accused, even if the accused is elderly. Fortunately for one in a situation such as this, if one obtains an experienced Jacksonville traffic violations defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will have the best defense possible to one’s charge and that one will not become victim of the State.

In this case, one’s attorney could negotiate with the Judge to allow this elderly person to continue to live on outside of the legal system, and, should the Judge feel a need to punish this poor woman, the most punishment would be a driver’s license revocation. Any other punishment in this sad case would be too much of a cruel and unusual burden on a woman of her age.

Continue reading " Florida Woman Makes Drive-thru Stop at Publix, 10 Injured " »

Jacksonville’s citizens like to have fun, but like most, when alcohol is involved, the risks of harm are increased considerably. Unfortunately, when intoxicated people get behind the wheel of a car, someone else may suffer a life-changing injury. However, all is not lost for the person responsible for the crime. One in a situation like should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to the Florida Times-Union, Francisco Jose Mendez of St. Augustine has been charged with DUI-manslaughter in the death of Justin David Reif in Jacksonville Beach. The crime allegedly occurred as a hit-and-run incident, when Mendez was driving down the road, striking the victim with his car. Mendez was stopped by police 14 miles away from the scene and was subsequently arrested.

Jacksonville DUI crimes involve someone who has had too much to drink, and yet, feels like they are good enough to drive. However, the consequences of that action can be horrible, especially for the people involved in a situation such as a DUI coupled with manslaughter. For the person accused of the crime, this can also mean a significant amount of time in prison.

Under Florida Statute 782.071, vehicular homicide is a first degree felony punishable by up to 30 years in prison. However, the agony one faces at the hands of the court system can begin much sooner than the time that one enters jail. The very nature of court proceedings can be very trying on someone accused of such a crime, who shudders at the thought that they might have done something like this.

The police and the State will attempt to sway one into submission and cooperate. Many times, even if guilt is obvious, the authorities will still try to coax the accused into saying more incriminating statements that will yield more unfavorable results. However, one should not say anything to the police, friends, family or anyone else other than an experienced Jacksonville DUI manslaughter defense attorney who will fight for your case and ensure that your rights are protected.

One in a situation like this will face much opposition in the legal system, from angry prosecutors to cops who have a score to settle and the accused happens to be the victim. However, one’s experienced attorney will be one’s advocate and protector in one’s fight for a better future. In a hard-pressed battle to prove that the act done was not intentional and that one is truly remorseful, the only person who can be sure to provide one the best defense possible is one’s lawyer.

Continue reading " Florida Man Arrested in DUI-Manslaughter in Jacksonville Beach " »

Jacksonville’s drivers are typically good drivers. However, people are known to make errors in their driving. This is where the police come in to ticket someone for driving incorrectly. However, the addition of red light cameras in and around Jacksonville has caused major concern, concern that should be addressed by and through an experienced Jacksonville attorney.

According to the Florida Times-Union, 25 new red light cameras are going up Jacksonville in the intersection areas that police have and highway patrol have deemed dangerous. The additional cameras come after the company Redflex traffic systems of Arizona presented a deal to Jacksonville’s law makers to increase revenue in citations by the addition of the cameras. Negotiations are underway between the city and Redflex, and the proposed locations of the cameras have yet to be released.

Jacksonville traffic ticket cases typically involve some sort of police officer, who, because of their understanding gained during police training, believes that the person is committing an infraction under the law and then tickets that person. The overarching question with cameras however, is once the human element for traffic violations is removed, what guarantees that the person will not have their rights abused?

A traffic or red-light camera’s basic function is to snap pictures of the person speeding or running a red light and send them a ticket, no officer required. A citation is then sent to the person who allegedly committed the traffic violation along with pictures or a link to view pictures of that person running the light. That person is then required to pay a minimum fine of $158 for the violation. The city believes that by adding these cameras around town, it will deter a majority of offenders from running red lights.

The objective behind adding cameras is a noble one. However, not all people stopped on the side of the road are guilty and not all people snapped up by a camera are guilty either. The police as well as other law enforcement agencies believe that the removal of the human element for error will alleviate the problem of bad tickets being written. Unfortunately, most citizens with computers know that machines do not always operate like they are supposed to.

When the police rely on these time-to-time faulty cameras to ticket its citizens, this puts more pressure on citizens, both mentally and legally, while driving. Not only do Jacksonville’s citizens have to be even more cautious for lights while driving, but they will also be subjected to the hassle of trying to prove that the red-light camera was wrong. This is an unfair burden on the accused to have to prove that one did not run the light, which violates the Due Process Clause of the Constitution.

When a situation happens like this, one has too options. One can either reluctantly pay the ticket, thus telling the police that their improperly functioning camera is good enough to give one a ticket for an offense one did not commit, or one can contact an experienced Jacksonville traffic violations defense attorney to fight for one’s case and ensure one’s rights are protected.

Continue reading " 25 New Red-light Cameras Go Up In Jacksonville Area " »

Jacksonville’s elderly hold positions of trust that allow them to have a greater influence on how day to day activities are run and organized. In many situations however, that trust is abused, either because of personal temptation, or because external pressures beyond one’s self. No matter the case, one in a situation like this should contact an experienced attorney to fight for one’s case and ensure one has the best defense possible to one’s charge.

According to the Florida Times-Union, Betty Barnes has been sentenced to two years house arrest and restitution in full for embezzlement of $161,000 from a church that Barnes was employed at for a number of years. Her conviction came after Barnes was said to have written weekly checks to herself starting in 2006, and over that period deposit the charged amount in her bank account.

Jacksonville theft crimes typically involve a party who is desperate to make a break, be it from poverty, oppression from debts, or other issues that are monetarily related. However, desperation can make one forget or not even care about one’s actions. Unfortunately for the accused, the police and the government can and will try to you that desperation against one in confession form.

The State, as well as the government, is always looking for an easy case, and the easiest of cases would be one in which the police, prosecutor, or other authority obtains a confession from one about the crime. There are many limitations on a confession, as one has a right under the 6th amendment to be protected from incrimination by coercion. However, if one gives one’s self in voluntarily, those rights are waived, leaving one’s defense , as well as options for plea bargain, constructively useless and absent.

Many times, when a government official knocks on someone’s door who has been embezzling, that government official has enough suspicion to believe that one is committed a crime; however, that government official must still act within the Constitution in order to ensure that the proper procedures are followed for arrest and subsequent proceedings.

When the FBI, police, or other investigatory agencies come calling, do not answer those calls. The minute one lets the police in, either physically or psychologically, is the minute that their plan to convict someone of a crime turns in their favor. The state will attempt to put so much subtle pressure on someone that the person accused of the crime cracks under the stress of a guilty conscience. Under that same fear and desperation that caused the accused to do the crime, that person will sometimes go right to the police station and confess to everything, willingly.

One in this situation should not give into police so willingly. Stress and pressure from police is only a scare tactic. If the police and the State had enough to arrest and prosecute someone with an ease of access, they would have already arrested that person for the crime. The only person that one should call in a moment like this is an experienced Jacksonville embezzlement crimes defense attorney to fight for one’s case and ensure that one’s rights are protected, and that one’s defenses are known and fought for.

Continue reading " Elderly Jacksonville Woman Convicted of Embezzling From Church " »

Jacksonville’s children deserve the right to be free from parents who intentionally abuse, neglect, or harm their children in any way. However, the accused parent deserves the right to have their case heard and fought for, particularly when the facts of the abuse are so unknown as to cause doubt whether the abuse even happened. If one has been accused of a similar act, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, a Jacksonville mother has been charged with aggravated child abuse and child neglect after her eight-month-old child suffered burns in a bathtub. Amber Alethea Johnson, mother of two, was charged after authorities were called to her home, and subsequently took the child to a burn center. Johnson’s other child, a two-year-old, was found in the bathtub with the eight-month-old. That child was unharmed.

Jacksonville child abuse cases normally involve a parent who has either beaten their child, harmed their child mentally, or caused some other form of intentional harm to the child that, many times, clearly constitutes child abuse. However, when the facts of one’s case suggest either that one’s guilt is not clear or that another person caused the harm, one has a defense that must be heard.

Under Florida Statute 827.03, covering both aggravated child abuse and child neglect, a person accused of committing these acts could serve more than thirty years in prison. This is an extreme amount of prison time that the accused should not have to serve, based on facts that a State prosecutor cannot use to show that the accused willfully abused their child.

In this case, the accused was charged with aggravated child abuse for having her child in scalding hot bathwater. The problem the State will have with this charge is that the state must prove that Johnson intended to harm her child by knowingly leaving the child in hot water. This is the time when one should obtain an experienced Jacksonville child abuse defense attorney to fight for one’s case and ensure one’s rights are protected.

In this case, an experienced attorney could see that there are many other factors that could have caused the burns. The presence of Johnson in the bathroom is unknown. What is known is that the eight-month-old was found in the bathtub with a two-year-old, who was not burned. That two-year-old may not have had the intent to harm the eight-month-old, but there is a strong possibility that a two-year-old has the strength possible to turn a hot-water knob and scald a child, in the matter of only a few seconds.

Many possibilities like these arise where a parent might have stepped out of the room to grab a ringing telephone, get a towel to dry the children off from a bath, or other very normal circumstances of parenthood. That parent should not suffer at the hands of an angry State prosecutor because of a circumstance they could not expect nor control.

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Jacksonville’s children run free throughout the city, playing games and hanging out with friends like any growing child does. When one of these children is in an accident though, the person accused of harming that child is victimized by cruel police treatment. However, when one of those children is harmed by a police officer, the officer is given a slap on the wrist. If one has been in such a situation, one should contact an experienced attorney to fight for one’s case and ensure that the system treats one fairly.

According to the Florida Times-Union, a Jacksonville Sherriff’s Office Patrol Car ran into a child who rode his bicycle through a stop-sign in the boy’s neighborhood. The incident occurred after a police officer driving through the neighborhood collided with a nine-year-old boy on a bicycle who was crossing the street. The boy was taken to Shands Jacksonville Hospital, where his injuries were treated. The offending police officer has not been charged with any crime.

Jacksonville traffic and police issues typically involve a police officer who has used too much discretion in an action which causes harm to someone or deprivation of one’s rights. However, when the crime involves a police officer who has harmed someone physically, the police officer’s action must be viewed under the strictest scrutiny possible, to ensure that the police did not harm someone intentionally and even more important, lawfully.

As the media and other reporting actors have been digging up more dirt on law enforcement officials, the sad truth has come to light that the people who our city, as well as our state, trusts to protect and serve us is the cause of a staggering number of traffic-problems. However, the unfortunate reality of the situation is that many times, innocent citizens are blamed for the incorrect police action that causes the traffic problem.

In many cases, an incompetent police officer can cause a traffic problem simply by not paying attention to what they are required to pay attention to as drivers: the road. Cases arise quite frequently that involve a police officer who was not paying attention to the car in front of his patrol car, hit the citizen car, and then blamed the citizen for the driver error. However, this is becoming an unaccepted practice now. Unfortunately for the accused is that this problem is not eradicated in every location.

In some Jacksonville-area traffic incidents, the police officer is already irritated that he or she was at fault for the incident and when the citizen asks the police officer what should be done, that thought becomes a negative plan for attempting to put fault on the victim, now the accused. However, if one obtains an experienced Jacksonville police crimes attorney to fight for one’s case, one can ensure that one’s rights will be protected and that one will have the best defense possible for one’s case.

One should not have to feel like that when a police officer becomes involved in any issue that they are already at fault, even if they did not do anything wrong. Get an experienced attorney who will look over the shoulder of the police and make sure that the police abide by the law and the proper procedure to ensure one’s rights are protected.

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Throughout Jacksonville, as well as other areas across the nation, there are crimes that go unsolved. Robberies, murders, and other crimes go unpunished and the perpetrator not found, leaving the victim and family of the victim without relief. However, when one of these older unsolved crimes is brought before the court, there is a much greater margin for bad and tainted evidence. However, if one obtains an experienced attorney to fight for one’s case, one can be sure that one’s rights are protected and that one will not be punished because of old and unusual evidence.

According to the Florida Times-Union, Craig Lester Thrift of Ware County, Georgia, has been charged with first degree murder in connection with the 21-year-old disappearance of Thrift’s first cousin Terry Rouse. The charge came after alleged “repeated admissions” by Thrift to members of the Ware County community that he had killed Rouse because of an affair Rouse was having with Thrift’s wife. Rouse’s body has yet to be found.

Murder crimes in Jacksonville as well as everywhere else in the United States require a burden of proof beyond a reasonable doubt. That means that the prosecutor has to prove for almost a 100% certainty that the person accused of the crime committed that crime and that there is no possibility that someone else could have committed the crime but the accused. However, that proof becomes very hard to come by, particularly when the crime was said to have occurred 21 years ago.

Thrift was charged with first-degree murder, which is punishable by up to life imprisonment or the death penalty, if the prosecutor seeks that punishment. This is a serious punishment for someone to be accused of, particularly when the time frame for such a crime is long. When crimes go unsolved, the evidence needed and required for a conviction is possibly old, tainted or even absent. This leaves holes in the case that a prosecutor simply cannot maneuver around.

In this case, the evidence that the police found is very slim. Rouse’s car was found running and out of gas on the side of the road in the Okefenokee swamp. Rouse’s body was never found, and only testimony from the community is available to show that Thrifty was in fact the killer. What evidence is available in the case was most likely not preserved properly, and therefore DNA evidence will probably be absent. This is not and should not be enough to convict a man and send him to jail for possibly the rest of his life.

Many times in Jacksonville and other areas, the accused will be subjected to a process in which accusations are thrown around without any backing by which the prosecution can prove that the accused actually did the crime. Fortunately, if one has been accused of such a crime, one should obtain an experienced Jacksonville murder crimes defense attorney to fight for one’s case and ensure one’s rights are protected. One should not risk being subjected to and incarcerated by a prosecutor who does not have the evidence to prove that one committed the crime.

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Jacksonville’s citizens sometimes have friends who happen to find themselves in trouble with the law and want help to get out of jail. Unfortunately for the few who do not believe in getting out the proper way through the many avenues available in the legal system, they have their friends try and get them out the illegal way. If one has been accused of such an offense, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Sun-Sentinel, Lebrak Morales-Gomez has been convicted of impersonating a police officer. His conviction came after Morales-Gomez, posing as a police officer, tricked a Palm Beach County prosecutor, a public defender, and a Judge to release Johnny Hernandez Sardinas, his friend and a defendant in a burglary case, into his custody. Morales-Gomez claimed that Sardinas was an informant that was cooperating with the police and needed to be released to continue that cooperation. Sardinas was successfully released and has yet to be found.

Criminal cases in Florida, particularly those involving multiple criminal parties, typically do not involve impersonation. This type of crime is a crime that normally involves an enormous amount of planning and skill, and, as one can see from Morales-Gomez’s case, the crime is extremely hard to get away with. Unfortunately for Morales-Gomez as well is that the penalties associated with that crime are also hard to get out of.

Under Florida Statute 843.08, impersonation of a police officer is a third degree felony punishable by up to five years in prison. However, if the accused has allegedly committed a felony while impersonating an officer, in this case, helping a defendant escape custody, then the charge immediately escalates to a second degree felony which is punishable by up to fifteen years in prison. Complicating the issue for Morales-Gomez though is that the other smaller charges he was convicted of and his prior criminal record, he faces up to 21 years in prison.

The problem that Morales-Gomez faces as well as others in the legal system is that if one has priors, one is seen as worthless and a menace to society. The State as well as police officers see people with prior criminal records as people to be made an example out of and use that record as an excuse to severely punish those who happen to make mistakes. However, a prior criminal record shows only one thing: the accused needs help.

Many times in Jacksonville, as well as other areas, the accused may think that the prior arrests or convictions that one has are not important or bearing on the case one faces currently. However, those convictions can increase one’s length of sentence and severity of fines. Luckily, if one obtains an experienced Jacksonville impersonation crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can greatly increase the likelihood that one will not be run over by an overzealous prosecutor or a judge who wants to severely punish repeat offenders.

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Jacksonville’s citizens like to feel secret about themselves as well as their surroundings. However, when unexplained incidents occur that cause that security to immediately leave, fear rushes in. Unfortunately for those around the scene of the incident, some could possibly be accused of a crime which they did not commit. However, if one obtains an experienced attorney to fight for one’s case, one can be sure that one’s rights will be protected and that one will not face penalties for a crime they did not commit.

According to the Florida Times-Union, a Jacksonville woman was shot in the cheek while on her way home from her boyfriend’s house at about 2:30am. The incident occurred after the undisclosed victim allegedly heard three gunshots nearby, and one of the shots allegedly struck her in the cheek. The woman did not file a police report until three days later when the victim went to the hospital and had the bullet taken out.

Jacksonville gun crimes typically involve some sort of motive or retaliation on the part of the accused. However, there is no accused yet in this case. What is very suspicious from first glance is that the victim did not want to speak to authorities about what happened, nor file a police report until three days later. This might lead one to think that the victim might be hiding some truth to the story behind her injury. Unfortunately for the possible suspects in her case however, is that anyone with any possible motive will be plagued by investigation.

Many times in unexplained cases such as this particular case, the police will leave all possible suspects open to investigation, simply because they do not have any concrete evidence to go on. However, the burdensome investigation of every single suspect causes police to become tired, angry and rash about who they pursue as a suspect. Many times, when even one factor points towards a possible suspect, they will arrest that person and say “case closed.”

Unfortunately, for many, this method of case solving leads to bad arrests and false accusations.
In this particular case, the police will look into the first obvious relationships that the victim had, including parents, the boyfriend, any possible enemies the victim might have had, and random strangers who happened to live near the location where the victim was shot. However, the possible factual scenarios of what happened could be endless. Regrettably, most of those possibilities are unlikely to be looked into by police.

Cases like these boggle the mind of both prosecutors and police, and yet, they both look for someone they can pin the crime to very quickly and without looking at all possible angles. This lack of full investigation can cause an innocent person to be incarcerated, awaiting a trial and a slew of other legal proceedings that they should have never been forced to participate in. However, if one in a situation like this obtains an experienced Jacksonville gun crimes defense attorney to fight for one’s case, one can be sure that one’s rights will be protected and that one’s innocence will be proven before the court.

One should not be subjected to a never ending fight with the State over a case that one had no involvement in. One should not risk losing one’s right to freedom because of the State of the police department’s carelessness in their investigation of a crime. One has rights that are too precious to lose. An experienced attorney can and will protect those rights.

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Jacksonville’s youth have a sense of insatiable want and desire that they carry with them through to adulthood. However, when not reigned in, that want and desire can drive these people to do acts that are illegal, particularly for extra cash flow. Unfortunately, when the police come knocking, one has very few options; the one option that one needs to take however, is obtaining an experienced attorney to fight for one’s case and ensure that one’s rights are protected and make sure that one will be able to move on from this small occurrence to a better life.

According to the Florida Times-Union, Roy William Sugden III of Mayport has been arrested on multiple drug charges, including possession of drug paraphernalia, marijuana cultivation, selling drugs within 1,000 feet of a church, and other drug related charges. Sudgen’s arrest came after undercover officers bought marijuana from Sudgen over a couple of days, after which a search warrant was obtained for Sudgen’s house, Sudgen was arrested and his marijuana seized.

Jacksonville drug crimes are typically smaller crimes of casual use by one’s self or with friends. Particularly in the area of marijuana related crimes, most are police busts in which the accused had a small amount of the drug on them which was then seized and the accused arrested. However, when the amount of marijuana and the manner in which the person operates, stores, and consumes the drug, changes the possibilities of the penalty.

The Jacksonville Sheriff’s office as well as the State attorney’s office has a strict policy for cracking down on drugs. Unfortunately for the accused is that when policies like these are put into effect, leniency and cutting good people breaks goes right out the window. Many times in Jacksonville, the accused suffers at the hands of the system for a small mistake that the system not only frowns upon but also wishes to make examples out of those who make that mistake.

In this case, Sudgen had a major operation based out of his home in Mayport. The police were able to buy drugs from Sudgen with ease. It seems from the report that Sudgen did not even suspect, nor did her ever assume that the police were after him, suggesting that he was not doing the drug dealing in a secretive manner. It would seem that Sudgen is a youth who got mixed up in the wrong field but stayed in for the money he was making from the sales.

Many times in Jacksonville, judges, as well as State attorneys want to crack down on drug dealers in an effort to have a drug free society. This is an admirable goal; however, that goal does not take into account that the people the police arrest are still people with flaws and problems, just like anyone else. The people who become the accused make mistakes and are human, yet they are treated like they are out to destroy the world.

Someone in this situation may see no way out of the punishments, the fines, and the many other penalties associated with the crimes they have been charged with. However, if one in a situation such as this obtains an experienced Jacksonville drug crimes defense attorney to fight for one’s case, one can be sure that one’s defenses are known and brought before the court, and can better ensure a possibility of a much better outcome for the future.

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Jacksonville’s teens get into fights, like any other adolescent children do. However, when one of those teens has a gun, the situation becomes more than mere child’s play. When a deadly weapon is brought to the stage, the penalties for the crime committed becomes much more costly as well. Many times, it seems there is no way out; fortunately, if one obtains an experienced attorney to fight for one’s case, one’s will have the best defense to fight one’s charges and move on back to the life one had before the situation ever occurred.

According to the Florida Times-Union, Quintavis Seay is appealing his 2011 conviction of second-degree murder, under which conviction he was denied immunity on Florida’s “Stand Your Ground” Law. His original conviction was based on Seay shooting in the air at three brothers who jumped Seay and his friend in retaliation for an earlier fight. Seay claimed he feared for his life, pulled a gun and shot in the air to scare his attackers, though one of the brothers was killed.

Jacksonville murder crimes typically involve some intent on the part of the accused to harm the victim, or an intent to kill, typically without regard to human life. However, the issue of self-defense arises in crimes where a person has been attacked violently and fears for their lives. Unfortunately for many though, the State as well as Judges draw a very fine line as to what meets the criteria for self-defense.

Under Florida’s “Stand Your Ground” law, a person who is not in the commission of an unlawful activity and has a right to be at the place that they are has a right to meet force with force and not back down from a fight. The law also states that a person has the right to use deadly force if that person reasonably fears and believes it necessary to use deadly force to prevent imminent death. However, this defense is narrowly viewed and is only allowed to be used very rarely.

In this case, Seay was jumped by three men that were bigger than he was, mauled and back into the foot of a tree, where he allegedly pulled a gun and shot at the three men. However, eye-witnesses say that the fighting had ceased by the time that the gun was pulled. No matter what the actuality of the situation is, the main issue that would cause a problem with Seay’s defense is the presence of a weapon.

At the time that the incident was said to occur, Seay was 16 years old. At that age, a minor is not allowed to have a handgun, which he was said to kill the victim with. A state attorney would use this handgun possession to find the defense invalid. However, if one obtains an experienced Jacksonville murder crimes defense attorney to fight for one’s case, one can ensure that all of one’s defenses will be known and fought for. The rigidity of the law should not make one unable to keep one’s self alive.

One should not suffer because the law does not make concessions for specific circumstances that, though technically illegal, protect one’s right to live. Had Seay not had a weapon, he might have died at the hands of three individuals who planned to harm and possible kill him and his friend. No one should have to go to prison for trying to save one’s own life.

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Jacksonville’s citizens sometimes feel the need to cut loose and have fun. For some, having fun involves drinking; for others, fun involves drugs. These citizens have to get those drugs from somewhere or someone, and typically that someone is a drug dealer. Unfortunately for the drug dealer, the buyer is sometimes working with the police. However, that work must be done legally. If one has been accused of a crime such as this, one should obtain an experienced attorney to fight for one’s case and make sure that one’s rights are protected.

According to the Florida Times-Union, the Jesse Barrett Wallace and Christopher Guilfoyle of Gainesville were arrested after Putnam county police performed an undercover drug bust operation. The arrests come after the two were caught with possession of eight pounds of marijuana and miscellaneous drug equipment in a Wendy’s restaurant parking lot. The marijuana was estimated to be worth a street value of $32,000.

Jacksonville drug crimes cases, many times, involve people who were careful, but not careful enough. Most of the time, the police will stop a person who has drugs on them, is high, or has some other lawful reason to search that person, will find a drug, and arrest them for it. However, the police will typically not stop at just that person.

The Jacksonville police as well as the State Attorney’s office have a policy of being tough on crime, in particular on drug crimes. As such, the police are willing to negotiate with buyers for lower sentences in exchange for helping take down the distributor above him in the chain. This type of negotiated snitching allows the police to find each bigger distributor in the hopes of getting to the source of the drug. However, this still must be done legally.

In this particular case, the two accused men were major distributors of marijuana, as evidenced by the fact that they were in possession of eight pounds of marijuana. Eight pounds of marijuana is considerably more than what would be an amount for personal use. However, based on the amount of time it would take for these two men to acquire that quantity of marijuana, and the gradual increase in networking required to establish one’s self as a decent buyer and distributor, these men would not be subject to carelessness.

It would seem highly unlikely that these men be careless and would most likely conceal the marijuana in a location, lockbox, or other container that the police would not be able to access without a warrant or car impoundment. An experienced Jacksonville drug crimes defense attorney would look at this situation and see that there is a strong possibility that the drug seizure might have been illegal, though the article does not say in particular in what manner the drugs were found.

In a situation like this, if one obtained an experienced attorney to fight for one’s case, if there was enough information to show that the police seized the drugs illegally, one’s attorney could file a motion to suppress the marijuana as illegally obtained evidence, and thus the drugs could not be used against the accused. If the court were to suppress the marijuana, one’s chance of being found not guilty tremendously increases. One will not be convicted of a drug crime if there is no drug.

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