Jacksonville Criminal Attorney Blog

Jacksonville’s citizens have many problems in 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 Latinos Post, Giovanni Martinez of Naples has been charged with three counts of felony battery and a DUI charge. Martinez’s charges stem from a DUI arrest and subsequent transfer to a hospital, where he attacked and bit a nurse, spit blood, threatened to eat people’s faces, and threatened to sexually batter the nurses’ wives. Giovanni’s threats stem from the famous Miami Zombie incident of Miami.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink, someone calling the police, reporting a license plate number of an erratic driver, or someone crashing. However, as simple as the cause may be, the consequences of the crime can be tremendous such as:

- License suspension/revocation
- DUI school enrollment
- Up to 6 months in jail
- Vehicle tow and impoundment
- Ignition interlock installation and monthly access fees
- Expensive court fines and fees

However, the consequences of one’s crime may increase when alcohol is mixed with some sort of anger, rage or mind-altering emotion or state that would make one unaware of the consequences of one’s actions, either permanent or temporary. Particularly when the accused’s state of mind is not rational, the accused may think their actions are justified. 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 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.

A perfectly normal person of a reasonable mind may still have tendencies toward insanity, particularly when a traumatic event such as a close death or a car accident occurs. No matter what the particular circumstance surrounding the event is, if the person is truly insane during the period of the crime, that person will have to show that something caused this mental infirmity and that the infirmity caused them to be unaware of their actions.

Many times, people go through with actions that they would not normally ever think of doing because of altered states of mental acuity. When alcohol is involved, these actions are multiplied. When this happens, things said, acts done, and effects rendered can leave the accused in what seems like a very rough position. However, if one obtains an experienced Jacksonville DUI crimes defense attorney to fight for one’s case, one can ensure one’s rights will be known and protected.

Continue reading " Florida DUI Turns Into Zombie Attack In Naples " »

Jacksonville’s citizens have for some time communicated with each other using cell phones. As safe as one might feel in communicating messages in private via a cell phone, that privacy is changing. As the State courts and Supreme Court interpret the laws of the land, one must know one’s rights and what the police can search. One in a situation like this should obtain an experienced attorney to fight the case and ensure one’s rights are known and protected.

According to First Coast News, the 5th District Court of Appeals ruled in Florida v. Ricardo Glasco that law enforcement can search a cell phone without a warrant. In the battle over privacy versus public safety, the police now have the right to enter into one’s phone and search the contents within it, possibly leading to evidence being admitted for another criminal charge.

Jacksonville drug crimes typically involve an individual who is dealing drugs in small amounts to friends or neighbors. Most of the time, those kinds of operations are not too complicated. However, when drug sales leave trails via phone, internet or other means, the possibility of getting caught goes up considerably as well as the amount of evidence that may now be used to convict someone of the charge.

This particular case came on appeal to the 5th District after Ricardo Glasco was arrested for possession of cocaine with intent to sell or deliver, possession of marijuana, and use or possession of drug paraphernalia. After Glasco was handcuffed, the police searched him and discovered his cell phone. Glasco was transported to the police station, where officers conducted a further search of the cell phone while he was being processed into the jail. Text messages retrieved from the cell phone revealed that Glasco had cocaine he intended to sell.

In this case, at no point did the arresting officer obtain a search warrant to view the contents of the cell phone. When a police officer has fear that evidence will be destroyed, the officer may seize the evidence without a warrant. However, in this case, the arresting officer had no fear that any evidence on the cell phone would be destroyed once Glasco was handcuffed.

A police officer has the right to search open containers on one’s person. According to the 5th Circuit’s opinion, a cell phone will now be viewed in the same way as any other open container, as it is a case that may hold within it evidence of a crime.

Fortunately, one does not have to fight the battle for one’s freedom alone. If one obtains an experienced Jacksonville drug crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

Continue reading " 5th District Court of Appeals Says Florida Police May Search Cell Phones Without A Warrant " »

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 the case.

According to Warchant.com, James Wilder Jr., running-back for the FSU Seminoles, has been arrested for violating his probation. The violation stems from a blood alcohol test taken by Wilder, 20, prior to a court-ordered work camp day. Wilder had a .01 blood alcohol content according to his attorney Tim Jansen, which is below the normal legal limit for people under the age of 21. Wilder Jr. is being held without bond.

Jacksonville probation violation cases typically involve someone has wrongfully violated their probation. However, in this case, the purported violation is in many ways hard to prove . Many times in Jacksonville, people may have probation requirements 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
- Community service hours
- Being Prohibited from alcohol consumption
- Restitution payments to victims
- Submitting to drug testing and treatment
- Letters of apology
- Obtaining a job
- Mental health evaluations
- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Being Prohibited from leaving the state

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. When a person violates that probation, they are not entitled to a monetary bond, even if the crime is a misdemeanor. When the accused goes before the Judge to explain his actions, the accused’s freedom merely hangs on what the Judge thinks about the case.

One problem that Wilder Jr. might face is his prior history with alcohol. This incident marks a new set of alcohol related charges that violated a probationary sentence for a previous misdemeanor. The Judge who initially presided over Wilder Jr.’s case will most likely see this type of violation as a message that Wilder Jr. is unwilling to change.

However, Wilder Jr. has many factors in his case that might prove to resolve his probation without any punishment at all. From the article, it is unclear whether Wilder Jr.’s blood test was done at random or if one of the work camp officials claimed Wilder Jr. smelled of alcohol. Furthermore, a number of different things could cause a .01 blood alcohol content, including swallowing mouthwash after brushing his teeth, that has alcohol in it, or using other normally hygiene-related products that might have alcohol in them.

At this point, there is reasonable doubt whether Wilder Jr. was actually drinking. With the help of an experienced Jacksonville probation violations defense attorney, even if Wilder Jr. had to plea to the violation, his experienced attorney could persuade the Judge to render a much lighter punishment that would involve counseling or a slightly longer probation, rather than just incarceration.

Continue reading " Florida State Running-back Arrested For Violating Probation " »

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 Brevard Times, Yetta Maritza Ospina of Orlando has been charged with DUI-manslaughter in the death of Peter Vergari, also of Orlando. The crime allegedly occurred as Ospina, driving a car, approached Vergari, driving a motorcycle. When Ospina did not slow down on approach, Ospina hit Vergari from behind, turning the motorcycle on its side, throwing Vergari into the road. Ospina has since been booked in the Orange County Jail.

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. However, some are charged with a lesser offense.

A DUI-manslaughter charge is a 2nd degree felony with a 4 year minimum mandatory sentence. Because a DUI-manslaughter charge is a 2nd degree felony, the accused will "score" right at 10.5 years out of a possible 15 year maximum. These cases are very emotional for both the victim's family and the defendant's family. The typical defendant of a DUI-manslaughter charge has a very minimal record, if any, and instantly faces a long prison sentence. No one plans on getting a DUI. Certainly no one plans on killing a friend or stranger while driving drunk. The difference in the two DUI’s is merely luck.

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 may face much opposition in the legal system, as well as inner turmoil caused by the crime. 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 Woman Arrested in DUI-Manslaughter " »

Jacksonville is a city full of people who wish to be better, to have more, and to strive for happiness. Unfortunately, some believe that they can achieve that the easy way. However, the easier way can have consequences when that easier way is illegal. If one has been accused of such an illegal activity, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to the Florida Times-Union, an undisclosed amount of cash was stolen from Fifth Third Bank on the corner of Dupont Avenue and St. Augustine road. The police are still searching for the unknown suspect, who allegedly disabled the building’s electric box, cutting the bank’s power. After the power was disabled, the suspect broke in the back door, and then pried open and stole the cash available in the cashier drawers.

Jacksonville burglary crimes typically involve someone who needs money and in their mind, they need it now. For some, the money stolen might be used for a vacation; for others, it might be used for drugs, debts or other activities that have gotten them into trouble or will get them into trouble. Either way, the costs can be significant to one’s reputation as well as one’s freedom once one is charged with the crime.

According to Florida Statute 810.02, burglary is usually handled as a third-degree felony, which is punishable by up to five years in prison. If another person is in the building, in this case, a bank, at the time of the burglary, or if the suspect assaults someone, the penalties can be bumped up to second- or first-degree felonies. If the accused committed the crime with a firearm, the punishment goes up considerably, making the charge a first degree felony punishable by up to life imprisonment. However, if no gun is involved, the crime is a second-degree felony, punishable by up to fifteen years in prison.

A gun can change the punishments by a monumental degree. Fortunately for someone in this situation, if one obtains an experienced attorney, one can make sure that one’s options are known, one’s facts are presented correctly, and one’s defenses will hold in court and be able to make the charge beatable or the punishment more favorable to the accused.

The only logical choice in this situation is to fight the charge. One needs a knowledgeable and experienced Jacksonville theft crimes defense attorney to fight the case. Don’t allow your life to be ruined by a theft charge. Defend yourself.

Continue reading " Unknown Suspect Burglarizes Jacksonville Bank " »

Jacksonville’s citizens, particularly its youth, make mistakes. Even though the child may have been aware enough of the event to understand what happened, a child may not understand their rights subsequent to that event. If one or one’s loved one has been in a situation like this, one should obtain an experienced attorney to fight the case and ensure their rights are protected.

According to the Florida Times Union, Cristian Fernandez may be subject to a psychologist’s examination and opinion of whether Fernandez understands his constitutional rights, before a Judge will decide on a suppression hearing. Cristian Fernandez was indicted for the sexual assault of his five-year-old half-brother, and the murder of his two-year old half-brother. If the Judge presiding allows a psychologist to interview Fernandez, the prosecution, as well as police, hopes the answers given in that interview will show that Fernandez understood his rights and thus, evidence that might hurt Fernandez would be admitted.

Jacksonville juvenile crimes cases tend to be simple and relatively quick cases to move through the system. However, in the case of Cristian Fernandez, his defense team is not going to give up so easily. The newest issues and possibly the most important to Fernandez’s case are the overarching questions: What exactly does Fernandez understand, and how does that knowledge effect his criminal prosecution?

If the police follow proper procedure by telling the accused their rights, and their attorney explains their rights, then the accused is typically assumed to have understood their rights under the Constitution at the time questioning begins. However, when the accused is barely a teenager, the question of what an adult would understand and what a child would understand comes into play, making one question what Fernandez might or might not understand about his rights.

A reasonable person given the circumstances must understand what one’s rights are before the police begin questioning and use the statements given against the accused in criminal prosecution. In this case, Fernandez’s defense team disagrees with the Prosecution’s take that Fernandez understood what he was saying, being asked, and his rights. Fernandez’s defense team says that a series of answers at the end of the interview proves that Fernandez did not know or understand his rights.

If you are in a situation such as this, do not settle for a mediocre defense attorney. Get an experienced Jacksonville juvenile crimes defense attorney who will fight your case with the best defense possible and the strongest will power available. One should not risk going to jail for a long period of time when an experienced attorney can make sure that their best defense is brought forth and their rights fought for.

Continue reading " Psychologist Exam May Show Cristian Fernandez Knows His Rights In Jacksonville Sexual Battery Case " »

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 the case and ensure one’s rights are protected.

According to WTSP News, Jacob Sanborn of New Port Richey was shot and killed by the owner of Justice Coins. Sanborn was allegedly attempting to rob the store, but was too slow to defend himself from the store owner, who gunned him down. The State had an active warrant on Sanborn for a probation violation. Sanborn had violated his probation after providing falsified information at a pawnshop.

Under the Constitution, all warrants issued must be supported by probable cause and must describe the places and things to be searched with specificity. Including arrest warrants, requirements for warrants based on probable cause and specificity in description protect one’s rights under the Constitution and stands in the way to protect the accused from shoddy police work. Many times though, accused parties do not know whether the warrant on them was executed properly, resulting in wrongful convictions.

An accused party may have received word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; eventually though, the police will find one and bring one back in the legal system, with a series of possible consequences that will be much harsher because one evaded the law.

Fortunately, one does have an option for relief when one does know about an outstanding warrant on them. As soon as one becomes aware of such warrant, one should contact an experienced attorney who can work with the Judge to recall the warrant in exchange for appearance for court. Many times, when one’s case is pled to a Judge who sees a remorseful accused party, one’s punishment often times is extremely small or nonexistent.

One problem that accused parties might face is a prior criminal record. In this case, Sanborn was already on probation for providing false information to a pawn shop. Furthermore, there was already an active warrant on Sanborn. Had Sanborn still been alive and recharged, the Judge would most likely have seen Sanborn’s conduct to be untreatable. With the help of an experienced attorney, someone in a position like that could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a cunning legal system. Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

Continue reading " Florida Man With Previous Warrant Gunned Down At Coin Store " »

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, Stacy TurnerJohnson of Nassau County Commission has been charged with a DUI. Johnson was released on her own recognizance. Johnson was most recently noted for a fight she had with a woman at the Ritz-Carlton in Amelia Island. Reportedly, something Johnson said started the fight, which later resulted in Johnson being punched in the face.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink, someone calling the police, reporting a license plate number of an erratic driver, or someone crashing. However, as simple as the cause may be, the consequences of the crime can be tremendous such as:
- License suspension/revocation
- DUI school enrollment
- Up to 6 months in jail
- Vehicle tow and impoundment
- Ignition interlock installation and monthly access fees
- Expensive court fines and fees
- A conviction that stays on your record essentially for life
- 50 hours or more of community service
- monthly probation reporting and probation fees

Many times, evidence that seems to prove guilt for a DUI charge merely proves that an accident happened, not that the driver was intoxicated or even drove the car. In this case, little has been released about Johnson’s reported DUI. However, what is said is that Johnson has been released on her own recognizance. This means that the Judge feels that Johnson will attend all court proceedings willingly and will not have to post bond. This showing of cooperation may help her defense of character in front of the Judge.

A problem that Johnson may face is that Johnson is a Nassau County public official. The legal system and public opinion feel that our public officials should be held to a higher standard. This higher standard thought may be the force that complicates her defense and possible punishment. However, an experienced attorney would be able to plea to a Judge that Johnson is merely a normal woman who made a mistake that she will learn from and change accordingly.

For many, the arrest was valid and one’s guilt is obvious. Fortunately, a simple showing of remorse, a recognition of one’s actions and the consequences of those actions, or attempting to compensate those wronged and change may shift the odds in one’s favor for obtaining a reasonable probation sentence rather than time in jail.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading " Nassau County Official Arrested On DUI Charge " »

Jacksonville’s citizens sometimes turn angry thoughts into actions. For many, angry words or actions will lead to criminal charges. However, a criminal charge does not mean that one is guilty or that one need be seriously punished. If one is in a similar situation, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to ESPN’s David Newton, NASCAR driver Kurt Busch, currently on probation with NASCAR for his altercation with fellow NASCAR driver Ryan Newman during the Sprint Cup race is facing more charges after threatening a Sports News reporter at the Nationwide Series race. Busch threatened to assault a reporter, remarking that both the language used and action threatened violated his probation rendered by NASCAR.

Jacksonville assault crimes can complicate anyone’s life, but complications increase dramatically when the charge is preceded by a criminal record or an outstanding probation. Like Busch, when prior misconduct is the same or a similar offense, the perception is that one has not and will not learn the easy way to fix the bad conduct. However, if one can show a willingness to change, probation may be possible.

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

- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Submitting to drug testing and treatment
- Letters of apology
- Being Prohibited from leaving the state
- Reporting to a probation officer
- Community service hours
- Being Prohibited from alcohol consumption
- Obtaining a job
- Mental health evaluations
- Restitution payments to victims

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. Judges have flexibility in setting the terms to the punishment and even personalizing the terms to either help or hinder the individual.

Many times, a simple showing of remorse, a recognition of one’s actions and the consequences of those actions, or attempting to compensate those wronged and change may shift the odds in one’s favor for obtaining a reasonable probation sentence.

Even if one is remorseful for a crime, a prior record or history of criminal misconduct might tempt a Judge to render a prison sentence. However, with the help of an experienced Jacksonville assault crimes defense attorney, could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading " Kurt Busch Faces Possible Disciplinary Action For Threatening Reporter " »

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 Palm Beach Post, Brendan Riley Bell of Indiana has been charged with felony-burglary, felony-larceny and misdemeanor property damage in the trashing of Stanwood Higgins’ boat in the Florida Keys. Bell’s arrest came after a warrant was issued based on eye- witness accounts that Bell urinated on the captain’s chair of Higgins’ boat, dumped fishing tackle and equipment overboard, and then stole a security guard golf-cart, attempting to drive it into the ocean.

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 that they are blamed for many criminal mischief activities, even if there were none involved at all.
In this case, Bell has been charged with third-degree felony, a first-degree felony, and a first-degree misdemeanor, which, if convicted on all charges, could result in Bell going to prison for well over a decade. This is too long of a time for a young person to spend in jail when the evidence presented.

The police issued an arrest warrant based on one alleged eye witness who said they saw Bell urinate on the boat. Eye- witness accounts 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. Bell was also allegedly on surveillance footage vandalizing the boat. However, just because someone fits a description on a video camera does not mean that they did the crime.

Furthermore, Higgins reportedly said to interviewers that he had never met Bell before, but that Bell had chosen the wrong boat to vandalize. This statement may not seem to be very important, but an experienced attorney might see this as a possible admission that Higgins might have the ability to maliciously prosecute Bell in order get even with him in criminal prosecution. Furthermore, the fact the in-state warrant issued for Bell’s arrest was amended very quickly to catch Bell in any state shows that Higgins might have heavily influenced the decision.

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 an arrest, 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 " Indiana Teen Accused of Trashing Florida Man’s Boat " »

Jacksonville’s citizens can sometimes be very dramatic and sometimes be very violent while being dramatic. For many, violence against friends and family members will bring about the consequence of a criminal case being brought against them. When coupled with a existing probationary sentence, simple can become complicated. One in a situation like this should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Florida Today, Floyd James Johnson Jr. of Melbourne was arrested for felony battery-domestic violence, felony battery by strangulation-domestic violence, and violating his probation. Johnson Jr.’s arrest came after a verbal argument at the home of the victim turned violent. Johnson Jr. was previously on supervised probation for harboring Christopher Eddy, who shot a Florida Fish and Wildlife Officer in 2009.

Jacksonville assault crimes typically involve someone who has had a problem in the past with controlling their anger. For many, anger control can be fixed with the right amount of therapy and counseling. Many times, counseling may be the best avenue of relief for someone in a situation like this.

When the accused is arrested for a crime of this nature, the accused will most likely be asked a slew of questions that will prove or disprove the accused’s intent to harm the victim, as well as the mental-state the accused was in at the time the crime was committed. Many times, the answers given might help show that counseling or anger management via probation might better help the problem, as opposed to a jail-cell where anger will only continue to build.

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
- Community service hours
- Being Prohibited from alcohol consumption
- Restitution payments to victims
- Submitting to drug testing and treatment
- Letters of apology
- Obtaining a job
- Mental health evaluations
- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Being Prohibited from leaving the state

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. Judges have flexibility in setting the terms to the punishment and even personalizing the terms to either help or hinder the individual.

One problem that Johnson Jr. might face as a defendant is his criminal record. This incident marks a new set of violent crime charges that violated a probationary sentence for a previous felony. The Judge who initially presided over Johnson Jr.’s case will most likely see this type of violation as a message that Johnson Jr. is unwilling to change. However, with the help of an experienced Jacksonville assault crimes defense attorney, Johnson Jr. could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading " Florida Man On Probation For Harboring Murderer Arrested For Domestic Violence " »

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. Someone in a situation like this should obtain an experienced attorney to fight the case and ensure one’s rights and defenses are known and protected.

According to the WTXL News, Heather Goodkin, 61, of Taylor County, FL, has been charged with failure to maintain a lane and may face possible DUI charges, according to the Florida Highway Patrol. Her charges came after Goodkin allegedly crossed the highway, crashing her car into a tree. Goodkin was transported to Doctors Memorial Hospital, and was reported in serious condition.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink, someone calling the police, reporting a license plate number of an erratic driver, or someone crashing. However, as simple as the cause may be, the consequences of the crime can be tremendous such as:

- License suspension/revocation
- DUI school enrollment
- Up to 6 months in jail
- Vehicle tow and impoundment
- Ignition interlock installation and monthly access fees
- Expensive court fines and fees

Many times, evidence that seems to prove guilt for a DUI charge merely proves that an accident happened, not that the driver was intoxicated. In the case of Goodkin, most would see this as a woman who happened to make a bad choice getting behind the wheel of a car while drinking. However, there are many reasons that might have caused Goodkin to lose control of her vehicle:

- Goodkin could have had a steering problem with her vehicle
- Goodkin could have been tired and thus driving erratically
- Goodkin could have had a bad reaction to one or more medications
- Goodkin could have been dodging an animal in the road and lost control of her vehicle

In this case, Goodkin was immediately taken to the hospital, where she was listed in critical condition. The article is not clear, but from the state of her condition, Florida Highway Patrol officers were most likely unable to administer a breath test to determine whether Goodkin was intoxicated. At this point, the only evidence that might be obtained to prove guilt would be a blood alcohol sample obtained at the hospital, though it is unclear whether any sample was taken.

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

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading " Florida Woman Accused of Possible DUI in Taylor County Car Crash " »

Jacksonville’s citizens sometimes feel that the law is too restrictive or not helpful enough, leading them to activities that are illegal. Unfortunately, law abiding citizens are arrested for possessing common goods that, when put together, can be used to implicate them in a crime. If one is in a situation 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, Darrian Denard Corbitt of Jacksonville’s Westside has been charged with arson, loitering and wearing a mask with the intent of committing a crime. Corbitt’s arrest came after Corbitt drove his car into a car wash in Arlington, got out of the car and put on a ski mask. Police questioned Corbitt, eventually finding matches in Corbitt’s pocket and a milk bottle filled with gasoline.

Jacksonville criminal mischief cases typically involve those who are allegedly attempting to harm someone or someone’s property. These charges can take the form of arson, vandalism, graffiti, and other acts of that nature that have paraphernalia attached to the crime. Unfortunately for many, circumstantial evidence becomes the factor that is the tipping point in one’s arrest, and for some, conviction.

When a person is subject to arrest for paraphernalia or tools that could be used to commit a crime, the arresting officer typically feels justified because the officer believes that a crime is being stopped. For example, a person with a shovel and fertilizer in one’s vehicle might be arrested for growing an illegal drug because the accused has frequented a known drug-growing area. However, just because one has the tools or paraphernalia commonly associated with a crime, does not mean that one actually committed a crime at all.

In this case, Corbitt, after being advised of his Miranda rights, admitted his intention to burn the car wash where he was arrested because he was having problems with a nearby business owner. Corbitt tried to handle his problems via the legal system, but then felt that this was the only effective way he could handle his problem. Unfortunately for many who will enter the legal system in this manner, the system will treat them as a problem that needs fixing as well.

Many accused parties, like Corbitt, would probably not commit such a crime but for the fact that they feel wronged by the legal system. Corbitt showed he had faith in the legal system at some point.

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 an arrest, one should obtain an experienced Jacksonville criminal mischief defense attorney to fight the case and ensure one’s rights are known and protected.

Continue reading " Jacksonville Man Arrested For Attempted Arson at Arlington Car-Wash " »

Jacksonville’s citizens make mistakes that may lead them to the criminal justice system multiple times. However, no matter how many times the accused may have been convicted in the past, the evidence of the current crime must be the thing that shows one’s guilt or innocence, not past prior acts. One in this situation should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Sun-Sentinel, James Sexton has been charged with manufacturing narcotics. Sexton was arrested while on his boat near Peanut Island, after a Florida Fish and Wildlife Conservation Commission Officer stopped him for not having his navigation lights on. When the officer boarded the boat, he found three buckets of what looked like psychedelic mushrooms, as well as tools used to grow the mushrooms. The officer subsequently arrested Sexton and confiscated the mushrooms and equipment.

Jacksonville drug crimes, typically involve repeat offenders or those with prior experience with drugs and the drug market. Many times, accused parties fear that a prior history can worsen one’s chances of going free; however, only the evidence of one’s current crime should prove that one is guilty, not prior acts with entirely different circumstances.

The evidence surrounding one’s charge can be one’s best friend or worst enemy in a drug crime. In this case, the type of drug that Sexton was accused of manufacturing, psychedelic mushrooms, allows him a lucrative defense. There are many different types of mushrooms, both legal and illegal that can be grown in a number of different climates and places. Sexton could have simply been attempting to farm edible, non-toxic mushrooms and was not aware of those mushrooms’ psychedelic effects.

Furthermore, in this case, the facts surrounding the finding of the drugs is suspicious. Many times throughout Jacksonville and surrounding areas, the people convicted for drug crimes of this nature were simply people who were careful, but not careful enough. In this case, based on the amount of time it would take for Sexton to acquire that quantity of mushrooms, and the gradual increase in networking required to establish one’s self as a decent buyer and distributor, Sexton would not be subject to such gross carelessness that he would get himself caught easily.

It would seem highly unlikely that Sexton would be careless enough to not conceal the mushrooms in a lockable container, cabinet or other container that the police would not be able to access without a warrant or boat 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.

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 drugs as illegally obtained evidence, and thus the drugs could not be used against the accused. If the court were to suppress the drug, one’s chance of being found not guilty tremendously increases. One will not be convicted of a drug crime if there is no drug.

Continue reading " Florida Man Arrested For Manufacturing of Psychedelic Mushrooms Near Peanut Island " »

Jacksonville’s citizens sometimes, like many, make poor decisions about who they associate and what activities they participate in. However, those decisions do not mean that one should be the victim of not only the effects of the activity, but also a victim of the State’s prosecution for a crime one has already been punished enough for. One in this situation should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.
According to the Bradenton-Herald, police are on the lookout for a man who allegedly robbed a man attempting to having sex with a prostitute at a Howard-Johnson motel in Manatee, Florida. The crime allegedly occurred after the victim hired a prostitute, had consensual sex, and subsequently was robbed by an armed man shortly after the prostitute left the motel. The victim was uncooperative with police at the time and repeatedly insisted on leaving the motel.

Jacksonville robbery crimes normally involve an unsuspecting victim; however, most robbery crimes do not normally involve someone who has just committed a crime themselves. As the economy has taken a dive, prostitution and robbery crimes have teamed up to not only trick the victim into giving money away, but also baiting a trap that not only the robber will try to benefit from, but also the State.

Many times in Jacksonville as well as other areas, when a victim is also an accused party, the victim can be caught in a never-ending rip current of bad consequences. On the one hand, if and when the police find the perpetrator of the robbery, a jury might look at the fact that the victim was engaged in illegal activity, possibly changing the outcome of the case. On the other hand, the victim is also possibly going to face negative consequences, should the State charge victim with engaging in prostitution.

Unfortunately for many accused parties in similar circumstances, what looked like a quick getaway or a change in pace is now a slow and painful process through the court system, with little hope for an entirely planned-positive future. Particularly when police or the State Attorney’s office feels that one has not been cooperative enough, as in this case, the State may threaten one with criminal charges in exchange for information more information on the other accused party.

Many times, the State does not care about whatever reason one is not willing to pursue the accused party who harmed them. In this case, many reasons might surround why the victim might not want to help the State and why the victim might not want to release his name, including work related reasons, as well as embarrassment in the victim’s home. However, the pressure from the State bearing down on a victim may be enough to break one’s spirit, causing more negative consequences.

Many times in Jacksonville, the victim is the accused, and will face an attack from all sides. Many times, it will appear as though no one is on one’s side. However, if one obtains an experienced Jacksonville robbery crimes defense attorney to fight for one’s case, one can be sure that ones’ rights and defenses are known and protected, and will be able to ensure that one can plan for a better future that will end in justice for one’s attacker, and freedom from one’s charge.

Continue reading " Florida Man Robbed After Hiring Prostitute " »

Jacksonville’s citizens many times make mistakes that will cause them to spend some time within the legal system. However, one’s stay should not be worsened because one cannot pay one’s own bond so one can speak to an attorney outside of jail. One in a situation like this 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, George Zimmerman’s bond has been revoked. Zimmerman was charged with second-degree murder in the shooting death of 17-year-old Trayvon Martin. Circuit Judge Kenneth Lester, presiding over Zimmerman’s bond hearing, stated that Zimmerman and his wife lied to the court about how much money was available at the time the bond hearing was set, and as a result, received a much lower bond.

Jacksonville felony-violent crimes cases, as well as many other crimes, typically involve some sort of bond hearing as an initial proceeding. However, many times, accused parties are railroaded by State attorneys who want nothing more than to see one in sitting in jail during one’s entire case. However, in order to know one’s options, one must know exactly what a bond can is and requires.

A bond or bail bond is an assurance by the accused party that one will remain and attend every proceeding one is required to attend until the end of all proceedings in one’s case. When one goes before a trial judge for one’s bond hearing, one is normally at the mercy of the Judge and State Prosecutor handling one’s case. Particularly if one does not have an attorney present at the time that one’s bond hearing is scheduled, one can be facing a hard road ahead.

A trial court judge has the discretion to revoke, set and modify one’s bond after the bond hearing should any new facts arise that, had they been known at the time of the initial bond hearing, would have changed whether or how much one would have to pay for bond. A judge can further revoke one’s bond if the judge feels one is a flight risk or might be a danger to others.

In many cases, accused parties will claim indigence or an inability to pay an expensive bail, and as such, will have their bail lowered considerably. However, some will abuse this privilege, thus leading to heightened suspicion and unfounded accusations being brought against the rest of the unfortunate who cannot pay for an excessively expensive bond.

Many times throughout Jacksonville, people are accused of crimes they did not commit, but because of a prior crime or history of crimes, one is locked in jail, making one’s ability to defend one’s self an even harder battle. However, if one obtain an experienced Jacksonville felony-violent crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not have an excessive bail attached to one’s freedom, and that one will be able to traverse a smoother path through the legal system to one’s future of freedom.

Continue reading " Bond Revoked in George Zimmerman Murder Trial " »

Jacksonville’s citizens make mistakes every day that may cost them time and energy. Unfortunately, some take mistake making to the limit in the law. Many see people that are repeat offenders as hopeless and beyond help. No matter how many times a person commits a crime, one still deserves the best defense possible to that charge. 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 WINK News, John Anthony Porter of Charlotte County Florida was arrested on a warrant Criminal Use of Personal Identification, Possession of Cocaine, Pettit Theft, Resisting a Merchant and Trespassing After Warning. This arrest makes Porter’s twenty-ninth charge to date. Porter was arrested at a Wal-Mart after trying to refund merchandize already in the store.

Jacksonville theft crimes typically involve those who have been convicted more than once and merely have a problem with self-control. As one can see from this case, Porter has this very problem and needs help. There are many options one may choose when charged with a crime, but these options are subject to disappear the longer one waits to choose. First, one must establish what type of warrant, if any, is out on them.

Under the Constitution, all warrants issued must be supported by probable cause and must describe the places and things to be search with specificity. Including arrest warrants, requirements for warrants based on probable cause and specificity in description protect one’s rights under the Constitution and stands in the way to protect the accused from shoddy police work. However, many times, accused parties do not know whether the warrant on them was executed properly, resulting in wrongful convictions.

Many times in Jacksonville, an accused party may have receive word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; however, eventually the police will find one and attempt to make sure that one suffers for being on the run for so long. Unfortunately, many Judges may feel the same way when convicting one with an outstanding warrant.

Fortunately, one does have an option for relief when one does know about an outstanding warrant on them. As soon as one becomes aware of such warrant, one should contact an experienced attorney who can work with the Judge to recall the warrant in exchange for appearance for court. Many times, when one’s case is pled to a Judge who sees a remorseful accused party, one’s punishment often times is extremely small or nonexistent.

Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a cunning legal system. Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

Continue reading " Florida Man Arrested on Warrant For 29th Charge " »

Jacksonville’s citizens have many talents that utilize in their many practices, jobs, and organizational responsibilities. For some, talents are a gift used to help others; for others, talents are just another way to be accused of something one did not do. If one is in a situation like 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, the State has dropped all charges against Adam Blair Halstead of Jacksonville. Halstead had originally been charged with stealing money from a popular downtown nightclub that he was a night manager at. The State that there was insufficient evidence to prove that Halstead was guilty. Halstead’s boss accused Halstead of stealing over $15,000 in drink receipts from the nightclub, voiding the theft out and re-crediting it later.

Jacksonville theft crimes that involve employees stealing from their employer is unfortunately a common practice. However, what is also common is the ease of ability in assigning guilt to someone else for one’s crime. Unfortunately for the accused, the State will believe a business employer faster than an employee. Because of this, many are falsely accused, leaving the actual perpetrator to be free to escape the crime.

Under Florida Statute 812.014, grand theft is a felony of the third degree, punishable by up to $5,000 in fines and up to five years in prison. The reality of this charge is enough to set one into a spiral of fear because of the magnitude of the consequences for being charged with such a crime. This is too great of a risk for someone to take when the evidence is lacking and one’s innocence is obvious.

The State has taken a tough on crime approach when prosecuting accused parties, and will attempt to tamp out a type of illegal behavior that is manageable. However, there are so many accused parties, charges, and cases being brought into the legal system that the State cannot always check evidence and the ability to prove one committed the crime one is charged with. However sympathetic one may be to a state attorney’s work schedule, the real person suffering is the person who has been falsely accused.

Many times in Jacksonville, the police and the State will go after one with very little evidence to speak of, hoping that new evidence will turn up or that the accused will “spontaneously confess” as many law enforcement claim accused parties do. However, when one does not confess to the crime because one did not commit the crime, the State will continue to press on, wasting more of an innocent person’s time in an adversarial legal system.

Many times, Jacksonville’s citizens are accused of things they never did for many different reasons, both reasonable and unreasonable. However, when the unreasonable and unfounded charge is brought against one, one should immediately obtain an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. Only an experienced attorney can ensure that one will be able to move through the system as quickly as possible with one’s innocence proven through every step of the legal process.

Continue reading " State Drops Charges in Jacksonville Night Club Grand Theft Case " »

Jacksonville’s citizens have friends, pets and other things that they fear to lose. Unfortunately for some, people prey on these fears and will attempt to extort money from them. Unfortunately for many, however, people are accused of extortion that never committed a crime. One accused of a crime such as this 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, an unknown suspect allegedly attempted to extort money from a Palatka man who lost his dog, Blue, as well as two other dogs that were later found. The attempted extortion was said to occur after owner Steve Pinder received word that someone had the dog and was demanding reward money in exchange for the dog. The accused extorters allegedly made threats against Pinder at an attempted exchange, after which Pinder drove away empty-handed; Blue has yet to be located.

Jacksonville animal cruelty crimes typically involve a desperate pet owner who wants nothing more than to see their beloved animal back with them again, particularly when that animal is lost and alone. However, the economy has caused people to look for money wherever they can get it. Because of this, extortion crimes have risen, causing more and more people to suffer at the hands of those whose intent is not really to personally harm, but to make a financial gain.

However common and unimportant extortion may be becoming within the scope of animal recovery and rescue, the penalty for such a crime is tremendous. Under Florida Statute 836.05, extortion is a second degree felony that carries with it up to fifteen years in prison, plus an excessive amount of fines, legal fees, and time that one can never get back.

Even though many are guilty of extortion, many times, the accused is the actual victim of a false accusation. Many times, the accused is merely the good neighbor who wants to help in finding the missing animal. However, when the reward money advertised is not paid, the accused is left with nothing. Other times, denial of reward money existing, in order to save face, is the cause of an extortion claim. As simple as the start of an extortion claim may be, the end will be the biggest complication for all.

Another claim that many face in the legal system when missing animals are involved is the condition that the animal returns in. Many times, when dogs, cats, and other types of household pets escape, they hurt themselves or are hurt by other people. Unfortunately for the good citizen attempting to help the animal, the good citizen many times becomes the accused in an animal cruelty case that they had no part in causing.

Jacksonville’s citizens take risks when helping others, it seems. As such, when one is in a situation like this, one should not stand idly by while the State mounts a case against one for a crime one did not commit. One in a situation like this should obtain an experienced Jacksonville extortion crimes defense attorney to fight for one’s case and ensure one’s rights are known and protected.

Continue reading " Jacksonville Area Man Targeted By Extorters In Lost Dog-Case " »

Jacksonville’s citizens fight with each other and have disagreements. Unfortunately for some, guns and other types of weapons will be involved. However tragic the situation may be, when one is charged with enough evidence to prove guilt, one needs to ensure that the one’s rights, defenses and options are known and protected. In a situation like this, one should obtain an experienced attorney.

According to the Florida Times-Union, Quintin Latrelle Mann has been arrested for aggravated assault with a deadly weapon and aggravated battery. Mann was arrested on a warrant in Putnam County after investigators determined that the shooting that left Mann shot several times was caused by Mann. Mann was said to have intentionally shot Jessica Martinez in the arm, after which her brother, Daniel Martinez fired back.

Jacksonville felony violent crimes cases typically involve someone who has made a serious mistake because of a temporary lapse in judgment. However, just because one made a mistake, does not mean that one must suffer the maximum amount of time allowed for the crime, particularly when one is remorseful. However, many accused parties do not know options or avenues of relief that one might take, and suffer the hardened punishments the legal system renders.

Many times, the accused may think the State does not have enough to prove that one committed the crime and that if one is convicted of anything, the punishment will be a slap on the wrist. However, the harsh reality of a very long and hard prison sentence will change one’s perception of the situation at hand. In a case like this, there are two felony charges involved, bringing with them a combined total of twenty years in prison if convicted of both crimes.

A very common thought when a person commits a crime of major concern, such as a gun crime, is that one can outrun the police. However, when the police do finally catch up, one’s options for lower sentences and the possibility of early release will slip through one’s fingers. When one runs from the law, the State will use this fear of being caught or evasion as a sign that one is guilty, and will attempt to sway jurors and Judges to believe the same.

One does have options for a better and quicker experience going through the legal system and coming out of the other side as a free citizen again. In many situations, and contrary to popular belief, many times it is better to turn one’s self in to the authorities. If one is cooperative with police and the State, many times, the State will offer one a great plea bargain that will have one out of prison within a few short years, rather than the twenty year sentence that one will be more likely to serve if one continues to flee.

As good of a help as turning one’s self in is to helping one’s case progress smoothly and easily, turning one’s self in does only so much. One in a situation such as this should obtain an experienced Jacksonville felony violent crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading " Florida Man Arrested On Warrant For Starting Own Shooting " »