Jacksonville Criminal Attorney Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A 21-year-old Jacksonville man has been arrested and charged with animal cruelty after two dogs, allegedly starving and covered in feces and urine, were found tied to a porch railing at an apartment in North Jacksonville, The Florida Times-Union reports.

There have been several incidents of animal cruelty in Jacksonville in recent months and in many cases, the alleged suspects were juvenile defendants. In this case, the suspect is only 21, only a few years removed from high school.

Teens who face serious charges require the legal representation of an experienced Jacksonville criminal defense lawyer. And that representation should start as soon as your teen believes they have gotten in trouble. Before they make an incriminating statement, they should speak with a lawyer.

There are times when making a statement can be helpful, but they are rare. In most cases, not speaking to police is the better move. Everyone accused of a crime has certain rights. One of them is to remain silent. That means no one is required to speak with police, despite their best efforts to get you to talk.

In cases where people face charges as serious as animal cruelty, which can be charged as a felony in Florida, talking with police may not be the best move. Florida Statutes 828.12 defines animal cruelty as either overloading, tormenting or inhumanely treating an animal. That is the misdemeanor charge.

The felony charge means intentionally committing an act that causes death or pain and suffering to an animal. That is punishable by up to 5 years in prison, while the misdemeanor carries a maximum of a year in jail.

In this case, the newspaper's account doesn't make clear which version of the charge the man faces. Police got a call and went to the apartment one recent afternoon. A dog and a puppy were chained to the corner of the porch of an apartment building.

Police reported that the dogs were weak and thin and had flies swarming around them. Bones showed through their skin and while there was dog food in a bowl nearby, there was mold growing on it.

An animal control investigator arrived and tossed food to the older dog, but it appeared too weak to stand up to get it and instead laid down in a pile of urine, the newspaper reports. The 21-year-old said he had the dogs since June and thought they weren't hungry, which is why they stopped eating.

The man was arrested and the dogs taken by authorities for treatment and healing.

In this case, the statement that the man allegedly made will do little to help him. The average juror likely won't buy that excuse when confronted with pictures of the dogs. Saying nothing would have been the better move.

Continue reading "Jacksonville Man Faces Animal Cruelty Charges For Starving Dogs" »

Many Jacksonville criminal defense lawyers would admit that it's not the suit they choose to wear or the questions and presentation they make, but who sits on a jury that is the most important aspect of a criminal trial.

Whether it's a case of a Jacksonville sex crime or an allegation of theft in Jacksonville, the six or 12 people chosen to sit on the jury and decide the defendant's guilt or innocence play an extremely important role.

They are called on to make an important decision regarding a person's future and must have all the facts. But what is said to them and how the court handles questioning are important in making sure the defendant gets a fair trial.

In the case of Lamb v. Alabama, critical mistakes led to justice not being done.

In this case, the defendant, James Beauford Lamb Jr., appealed his conviction of first-degree sexual abuse. During trial, the jury delivered two inconsistent verdicts as to the sexual abuse charge. The written verdict on a form given to them in the jury room found him "not guilty." In court, when polled, jurors said he was "guilty."

The jury was discharged from its duty, and under Alabama case law once a jury is discharged, it cannot be reconvened. An appeals court dismissed the defendant's appeal, but the Alabama Supreme Court ruled that the judge's decision to try to amend the "not guilty" verdict wasn't proper.

The jurors were already discharged, having left the presence of the court and were called back by the judge. The Alabama Supreme Court decided that the actions of the judge amounted to double jeopardy and shouldn't be allowed.

Even more strange about this case is that the judge was able to find only seven of the 12 jurors. When they discussed the case, that portion of the jury -- not the jury as a whole -- decided that they had meant for count two, the first-degree sexual abuse charge, to be guilty, but for count four -- a second-degree sexual abuse charge -- to be not guilty. The foreman in court mixed them up.

Looking back, the interesting part of the entire situation, once a jury has been dismissed, they are done. Their service has ended and anything that they were needed for should have been handled before then. For a judge to make decisions about the guilt or innocence of a defendant with only a portion of the jurors recalled and others not present is unjust.

It's a good thing one court in Alabama had the sense to shut down this verdict. And cases like this show that how a jury is handled and what is said to them is of extreme importance. They are not lawyers, but common citizens who may be intimidated once they step into a courtroom. They trust the judge and may be skeptical of the lawyers. If a defense lawyer doesn't stand up for his client, what the judge says can taint the jury and run over the defendant's rights.

Continue reading "All Aspects of a Jacksonville Jury Trial Critical, Lamb v. Alabama Shows" »

Two parents were arrested in Jacksonville recently after authorities found a malnourished and abused infant dead in their home, First Coast News is reporting.

Charges of child abuse in Jacksonville will always make headlines, which can make defending a case more difficult. Anyone facing child abuse charges should have an experienced Jacksonville criminal defense lawyer on their side as soon as possible.

Florida Statute 827.03 defines child abuse in Florida and lays out the possible penalties. According to the law, child abuse means to intentionally inflict physical or mental injury on a child.

That third-degree felony -- a five-year possible penalty -- can be bumped to a first-degree felony if the person is convicted of aggravated child abuse. This means physically battering a child. To neglect a child and cause him or her to be injured can result in a third- or second-degree felony as well.

That can mean prison time up to 15 years if a person is convicted. To be charged with a second-degree felony for neglecting a child, the child must have great bodily harm, disfigurement or disability. The injuries must be severe.

In this case, the injuries led to death. According to First Coast News, the 5-month-old boy was found dead inside the couple's 103rd Street apartment. The 23-year-old father told police that the boy was lying on the living room floor when he last saw him. A few minutes later, the 22-year-old mother told him the boy wasn't breathing, according to a police report.

A medical examiner found that the boy died form blunt force trauma to his head and the boy had bruises on his face, chest, right elbow, right ear and head, and had atrophied muscles and a lack of body fat, the news station reports.

The medical examiner ruled the death a homicide, as the boy had little food in his stomach or bowels and he had fractured ribs that were healing.

The child's parents said the boy had been seriously injured months earlier, but that the only medical treatment they offered was ointment for bed bug bites. The parents said the baby wasn't under medical care and they fed him solid baby food, cereal and formula, and force-fed him milk because he wouldn't take it voluntarily.

Both admitted to smoking marijuana the night the baby died. They both currently face charges of willful child neglect causing great bodily harm.

It wouldn't be surprising to see the charges upgraded to murder, especially given their admissions about smoking marijuana, causing injuries and offering little medical attention to the ailing child. The medical examiner's determination that the boy had been bruised and battered also may lead to additional charges.

What police may be doing now is investigating to see if they can determine who was responsible for causing the head injuries that led to his death. If they can prove who delivered the fatal blow, they may be able to file murder charges. If the parents turn against each other, the police may have a way in.

Continue reading "Jacksonville Parents Arrested in Alleged Child Abuse Death" »

It must be something in the water -- literally.

For the second time in the last several months, a Jacksonville-area man has been charged with animal cruelty after allegedly assaulting or killing ducks. Animal cruelty in Jacksonville can be punished as a felony, which can lead to serious prison time for a person convicted of these charges.

As the Jacksonville Criminal Attorney Blog reported in August, a Clay County man found out the hard way after he was charged with animal cruelty for allegedly mowing down some ducklings while landscaping.

Considering all the heinous charges that people do to each other in this world, Jacksonville criminal defense attorneys see prosecutors driving hard plea negotiations and wanting high sentences for animal cruelty charges. And the state rarely charges a person with one count of animal cruelty.

As in cases where they allege a person hoards animals and finds them in various conditions in an unkempt house, they will file a count for every animal found in a house, regardless of whether there is overwhelming evidence of abuse or not.

In this case, a 52-year-old Jacksonville man was arrested, The Florida Times-Union reports, because he allegedly shot some ducks who were defecating on his property with a BB gun.

After a neighbor spotted the man shooting the ducks near a pond and seeing "feathers flying" after they were hit. The neighbor provided police with a photo of the alleged shooter, which led to an arrest.

The man allegedly told police that he could do "whatever he wanted" on his property and that he was trying to stop the ducks from making a mess with their waste, a police report states. When police arrived, they found feathers on the ground.

What the article doesn't state is whether police were able to find any evidence that any of the ducks were actually hit with the BBs or if they were injured. Simply shooting in the area of an animal may not constitute animal cruelty charges, especially if the weapon was a BB gun and not an actual gun.

According to Florida Statutes 828.12, a person convicted of animal cruelty can face up to a third-degree felony, which imposes a possible five-year prison term. There is also a misdemeanor animal cruelty charge, which results in a year in jail penalty.

According to the statutes, the main difference between the two is whether someone "unnecessarily" or "intentionally" is cruel to an animal. In either charge -- either the misdemeanor or felony -- an animal can die as a result of the act.

What animal cruelty cases tend to come down to is how much evidence authorities really have that a person committed the crime and the degree of planning or intention behind it. It can be difficult to prove intent when there are few witnesses to day-to-day activities involving a person and his or her pet.

Continue reading "Jacksonville Animal Cruelty Charges Levied in Duck-Shooting" »

In the recent case of Davila v. State, the Florida Supreme Court ruled on whether a parent can be charged with kidnapping their own child.

The short of it is yes, a parent can face Jacksonville kidnapping charges for taking their own child, based on the language of the law.

According to Florida Statutes 787.01, kidnapping means to forcibly, secretly or by imprisoning a person against their will hold them for several reasons:
-For ransom or as a hostage
-To commit a felony
-To inflict bodily harm upon them
-To interfere with a government operation

The law also states that "confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

Based on the way the statute is written, it is plausible for a parent to be convicted of kidnapping their own child or even for a prankster to be convicted of kidnapping a person as a joke or a fraternity hazing. And the penalties in Florida are no joke. Kidnapping is punishable by 30 years to life in prison, if a person is convicted.

The subsection about a person being confined without consent of a child's parent seems interesting, given this case. In Davila, the man was convicted of kidnapping his 11-year-old son between February and July 2000. Prosecutors alleged, among other things, that Davila intended to hold his son against his will with the intent to harm him.

According to the boy's testimony, his parents would hold him in a storage room or bathroom for weeks on end for misbehaving. He also testified he was beaten while confined this way. Davila was convicted and sentenced to life in prison on the kidnapping charges. On appeal, he argued that a parent can't be convicted of kidnapping his own child.

After the Third District Court of Appeal and the Second District Court of Appeal had conflicting rulings on similar issues, the state's high court took up the case. Only one justice disagreed with the court's ruling that a parent can be convicted of kidnapping. In its opinion, the justices wrote that had legislators wanted to give an exception for parents charged with kidnapping, it would have done so.

In a dissenting opinion, one justice argued that while he believes a child can be kidnapped by his or her parents, the language in the statute about a child being under 13 affords them more protection than a child over 13.

In part, the justice rejected the majority's opinion that if the Legislature had intended to exempt parents from being able to commit the crime of kidnapping, it would have expressed it in the statute. He argued that it isn't right for judges to interpret what lawmakers really meant, but only read what is written.

Continue reading "Davila v. State Rules in Jacksonville Parent-Kidnapping Case" »

We've seen it a million times in real-life criminal cases that make national and even local headlines -- witnesses whose testimony contradicts the facts or leaves them looking less-than-reliable on the witness stand.

In New Jersey, the Supreme Court has seen it enough and has enacted changes to the criminal justice system that may soon become precedent for other states to follow. Jacksonville criminal defense attorneys hope Florida's Supreme Court is listening.

Far too many times prosecutors rely on weak eye witnesses in the pursuit of putting people in prison for life on charges of murder in Jacksonville or other felonies that can lead to decades or life in prison and even the death penalty.

As many news sources in recent weeks reported, Troy Davis, a Georgia man sentenced to death for the killing of an off-duty Savannah police officer, had many witnesses recant or change their testimony, leading to much doubt about whether he was responsible for the crime. Yet, in an act lacking mercy, officials executed him anyway, despite pleas from protesters and influential people, including the Pope and Jimmy Carter.

That's how important the issue of eye witness identification is in felony cases. With poor witnesses, the state can't secure a conviction. With a spot-on witness, it may go the other way. Make or break. Life and death.

In New Jersey, The New York Times reports, the "troubling lack of reliability" in witness identification has caused justices there to create a special hearing for witnesses if defense attorneys there bring up an issue about the credibility of the witness in a criminal case.

At the hearing, the defense can bring up a broad range of issues, including potential police influence, such as nudging a person to select a mug shot from a photo lineup, to the time of day it was, how far away the person was and whether the witness was under the influence of drugs or alcohol at the time.

Even if disputed evidence is submitted and admitted into trial, the judge must explain to jurors, even in the middle of the trial, that witnesses can be influenced by outside factors that can lead to misidentification. In the past, judges held hearings, but they were must less detailed.

New Jersey. Justices wrote that it is the "leading cause of wrongful convictions across the country."

These are strong words, but true. State prosecutors often trot out less-than-credible, barely-saw-anything witnesses that they hinge their cases on. Whether it's a minor theft to a murder, if a witness isn't credible, he or she shouldn't be used. But jurors inherently trust these people and convict defendants anyway. It's a broken system that needs fixing.

Continue reading "Witness Identification Must Be Scrutinized in Jacksonville Felony Crimes" »

A recent case out of New Mexico shows the importance of a Jacksonville criminal defense attorney filing a well-worded motion to suppress in a felony case.

In United States v. Burleson, a New Mexico man was walking down the middle of the street with a dog and his friends when police pulled them over. After the officer was satisfied they hadn't committed a crime, they asked for identification and ran a warrants check, which led to an arrest. A motion to suppress was filed and initially granted, but then was reversed on appeal.

A motion to suppress is a filing made by the defense in cases where evidence or statements were obtained by police in an unlawful manner or in situations where police officers overstepped their bounds in trying to pin evidence against a defendant. These are common in Jacksonville murder cases, for instance.

This area of criminal defense can be a helpful tool for a suspect because it allows him or her to present evidence if law enforcement officers acted outside the boundaries of their duties in trying to get evidence in an investigation.

And this type of motion isn't just limited to evidence -- it can apply to statements, too. Witnesses or even what the defendant told police can be held out of trial if officers made mistakes along the way.

Some ways that a motion to suppress can be successful are if the officer who wrote an affidavit to get a search warrant misled the judge who signed it by omitting key facts, embellishing information or otherwise writing it inaccurately, for example. These motions may also apply in situations where officers don't have probable cause to make an arrest and yet gather information that must be set aside. For statements, motions to suppress are commonly successful when officers fail to present suspects with a proper Miranda Warning, which includes information about the person's rights that they don't have to speak to officers and can get an attorney first.

This case goes back to 2008 when Burleson and some friends were walking down a Roswell, New Mexico, street holding a dog that was unleashed. An officer pulled them over because they were walking in the middle of the street, but also because there had been a rash of pet thefts and other property crimes, including a shooting, in recent months.

After talking with the people, the officer testified, he was satisfied they hadn't stolen the dog and he didn't intend to write them a traffic citation for walking in the street. But what happened next is at the heart of the case.

The officer then asked for their names and identification information so he could check them for warrants. After running Burleson's name, dispatchers found that he had a warrant for his arrest. The defendant told the officer he had two guns and ammunition on him, which the officer found. The man then faced a charge of possession of a firearm by a convicted felon.

In filing a motion to suppress, the man's attorney argued that after the officer talked with the three people, he was satisfied the dog wasn't stolen and no other crimes had been committed. So, why would he check them for warrants? They should have been released.

The judge agreed, and granted the motion to suppress, which meant the evidence of guns and ammunition would have been eliminated. Therefore, the charge would have to be dropped.

But prosecutors appealed and the Tenth Circuit Court of Appeals overturned the ruling, saying that based on there being a shooting and other crimes in the area recently, for officer-safety concerns, the policeman was within his rights to check for warrants. It's unclear whether that decision will be appealed by the defendant.

It certainly seems that after talking with the people, the officer should have let them go, but asking for their names to run a warrants check seems like an overstep of power. If they weren't suspects of a crime at that point, the interaction should have stopped. Instead, it continued.

A well-worded and argued motion to suppress can make a big difference in a criminal case. But each case is different and should be treated as such. An experienced Jacksonville criminal defense lawyer must be called in to review the facts and see if such a motion applies.

Continue reading "Jacksonville Motion to Suppress Highlighted in United States v. Burleson" »

A recent ruling out of the Seventh Circuit Court of Appeals in Chicago underscores why it is important that a defendant's Jacksonville criminal defense lawyer not only be a strong trial attorney, but also have the knowledge and skills to recognize possible appeals issues.

In U.S. v. Combs, a Chicago drug dealer pleaded guilty to a charge of possession of a firearm by a felon. He was sentenced in federal court to the top of the guideline range of imprisonment -- 33 months.

On appeal, the man claimed that the judge made an error by not addressing a motion to suppress evidence of a gun in the case that the judge found was untimely. Yet by pleading guilty, the man waived his right to bring up the issue.

Jacksonville drug crimes can either be charged in state court or in federal court, depending on the circumstances. The two systems are similar, but different in that they calculate the possible penalties differently.

In state court, a defendant can be punished based on the maximum possible sentence for that charge. For third-degree felonies, the max sentence is five years; 15 for second-degree felonies and 30 to life for first-degree felonies. Judges have discretion whether to sentence someone consecutively -- meaning the prison sentences are piled one after the other -- or concurrently, meaning all the charges are served together.

In the federal system, there are maximum penalties based on the charge, but pre-trial officers calculate the possible prison sentence based not only on the crime, but damage done, including injury, financial damage done and the defendant's criminal history.

That's why you'll often see "career criminals" go through the state system several times and then federal prosecutors seek to charge them in federal court because they are penalized more severely after picking up several convictions.

In this case, the defendant was suspected of buying cocaine, heroin and marijuana in Chicago and selling it in nearby smaller cities. An informant told officers the defendant bought and sold large amounts of the drugs and investigators followed his movements, catching him making what appeared to be a drug deal on videotape.

After a search warrant, officers found large amounts of drugs and a gun and ammunition in a house he frequented.

Just before trial, the man's attorney sought a continuance because he said he had problems viewing the DVD and the defendant hadn't watched it. Once he did, he requested a motion to suppress, saying the DVD and search warrant didn't match. But while he got the continuance, the attorney waited more than two months to file the motion, even after the judge warned him that the deadline to file a motion to suppress had already gone by.

The judge denied the motion, based on the fact that the deadline for motions to suppress had passed and the attorney never requested an extension of time. The attorney admitted to botching the situation and used personal and professional excuses for not filing the correct paperwork. Yet, the judge denied the motion based on the deadline situation.

The defendant then entered a guilty plea, without reserving the right to appeal the motion to suppress denial. On appeal, he challenged the judge's decision, yet an appeals court agreed with the judge and wouldn't overlook the defendant's unconditional plea and dismissed the appeal.

While many trial attorneys focus solely on that area of law, they must have enough knowledge in appellate law not to do such a thing to a defendant. Missing deadlines and then not preserving issues for appeal is tantamount to leaving a person in a raft with no paddle on a raging river.

So, while an appeal issue comes up only upon conviction, it really is critical that the lawyer for the defendant be knowledgeable in appeals issues in order to make sure the defendant has options, if needed, in the future.

Continue reading "United States v. Combs Shows Importance of Jacksonville Trial Attorney With Knowledge of Appeals" »

A 33-year-old Palm Coast woman now faces charges of animal cruelty and child abuse after authorities took 31 pets from her house recently, The Florida Times-Union reports.

Charges of child abuse in Jacksonville are serious because they can result in a felony conviction. But also because of the intense media attention these cases receive, which can influence a prosecutor's decision, whether they would admit it or not. And once involved with the child welfare system, it can be all but impossible to rid yourself of these state bureaucrats and their involvement in your affairs.

These charges can be difficult for the state to prove, as well. Let's face it -- children are clumsy and they often act with reckless abandon. They can hurt themselves, and bruising can be tied to a parent or guardian without much proof. And if children make up a story to blame injuries on a parent they're upset with at the time, things can spiral out of control.

A parent never wants to purposely injure their child and they certainly don't want to drag the child through court, but in order to defend their rights, it may be necessary. Hiring an experienced Jacksonville Criminal Defense Attorney to handle this duty is a critical first step in sorting fact from fiction.

In the Palm Coast case, the 33-year-old mother now faces three counts of child abuse and 30 counts of animal cruelty. According to the newspaper, sheriff's deputies report they noticed a foul smell coming from the home when they arrived at the house, though it's unclear from the article why they were there in the first place.

Channel 13 News offers some additional details -- that deputies got a tip and arrived at the home to find children ages 5, 8 and 14 surrounded by garbage and animal feces. Inside, deputies also found six dogs, 22 cats, two ferrets and a rabbit in the house.

According to Florida Statute 827.03, child abuse has a very specific definition that can be difficult to prove by prosecutors. In order to commit child abuse:

-Injuries -- physical or mental -- must be "intentionally" inflicted.

-The act must be intentional.

-A person can encourage another to commit an act that will reasonably be expected to result in injury to the child.

Obviously in this case, there must be testimony about the conditions of the house and the question will be what were the living conditions really like? One must consider that if law enforcement got a tip about a bad situation for children, they are going into the house thinking things are going to be bad. They may not have had an open mind about the situation, but were seeking an arrest.

It's also possible that mental illness can be a defense in a situation in similar situations. If a house's living conditions are so bad that feces, clutter and animals are covering the place, the defendant may have a mental ailment that can explain the situation and lead to treatment over incarceration.

Continue reading "Children, Three Dozen Pets Removed From Palm Coast House" »

The Florida Times-Union reports that a Clay County man now faces charges of animal cruelty after allegedly mowing over four ducklings.

Being charged with animal cruelty in Jacksonville or the surrounding areas can be a daunting realization for some people. In cases like this, sometimes people make a mistake that severely injures an animal. In other cases, mental illnesses can cause people to harm animals. But hiring an experienced Jacksonville Criminal Defense Lawyer to dispute the facts and put together a compelling defense is important to any case.

According to the news report, a public works employee is accused of chasing four ducklings and a mother duck with a lawnmower. The four ducklings were killed. The 29-year-old Middleburg man was arrested and charged with animal cruelty.

According to an arrest report, the incident happened on a recent Friday in Middleburg in an already-mowed section of a subdivision off County Road 220. Some witnesses said the man chased the ducks, and lowered the mower's brush cutting attachment to mutilate them. Four of the seven were killed, the newspaper reports.

According to a police report, one witness said the man then "appeared to laugh and gave ...the thumbs up," after he was done. Another witness said the man bragged about what he did, the newspaper reports.

According to Florida Statutes 828.12, the law that defines animal cruelty, the crime can be charged either as a misdemeanor or a felony.

The distinction between the two forms of charges is the actions of the defendant. For the misdemeanor charge to apply, a person must "unnecessarily" kill or injure an animal. To be charged with a felony, a person must "intentionally" commit the act, which, in this case, appears to be the charge prosecutors have gone with, based on the news reports that site the arrest report.

The difference may seem minor, but the penalties are much different. A misdemeanor offense is punishable by up to a year in jail. But the felony charge carries a possible five-year prison sentence. That's a big difference for one word in the statute.

And, as with any crime, public opinion can sometimes sway the filing decisions made by prosecutors. Perhaps it is even more of a factor in animal cruelty cases because these cases tend to pull at the heartstrings of pet owners and animal lovers. The news media also tends to pick up on these cases for that same reason.

The state has an extreme burden in these cases, however. They must prove the allegations beyond all reasonable doubt. That means if the jury has any doubt that the defendant committed the crime, they must vote to acquit. And an experienced criminal defense attorney must work to keep key evidence out of trial and question all of the state's witnesses in defense of the accused.

Continue reading "Clay County Man Accused of Animal Cruelty on Ducklings" »

Police in Jacksonville Beach are asking for the public's help in finding a person who may have intentionally killed a golden retriever, The Florida Times-Union reports.

Animal cruelty charges in Jacksonville can be among the most high-profile cases because of people's love for animals. And this added attention is rarely good for the defendant, so hiring an experienced Jacksonville Criminal Defense Attorney to not only win the battle in the eye of the public, but as well as in the courtroom, is critical.

Parker, the pet of two Fletcher High School teachers, disappeared from their backyard on Kings Court on July 4. Two weeks later, the dog's remains were found in a creek on Nightfall Drive in Neptune Beach. The body had floated free from a tarp that was weighted down with cinder blocks.

Police told the newspaper that the dog's remains were too badly decomposed to determine a cause of death, but based on the circumstances of the dog's discovery, the case is being treated as an act of animal cruelty. The dog's owners said Parker had no history of running away and was friendly.

Florida First Coast Crime Stoppers is seeking donations in order to create a reward for information leading to an arrest.

Animal cruelty charges in Jacksonville are punishable either as a misdemeanor or a felony charge, depending on the circumstances. According to Florida Statutes 828.12, the variation in facts can lead either to a first-degree misdemeanor punishable by up to 1 year in jail or a third-degree felony punishable by up to five years in prison.

There's obviously a big distinction between the possible penalties, so let's take a look at the difference in the circumstances that lead to each degree of charge.

For the misdemeanor charge, a person must overload, overdrive, torment, deprive of sustenance or shelter, or unnecessarily kill or mutilate an animal. For a person to qualify for the felony, a person must intentionally kill or inflict unnecessary pain or suffering on an animal.

The difference there are the words "unnecessarily" and "intentionally." In both cases, an animal can be killed or severely injured, but it's the intent that makes the difference between the two situations. An example of "unnecessarily" killing or injuring an animal is possibly running over a pet while not paying attention or even if a person was driving drunk. It wasn't intentional, but through negligence, the death occurred. It appears this case, where a dog was taken, killed and dropped into a creek while weighted down with cinder blocks, will qualify as the felony offense.

These charges must be proven beyond all reasonable doubt, however, which means an experienced defense attorney will scrutinize all evidence against the accused and hold the state to the high burden it has in proving a case.

Continue reading "Jacksonville Beach Police Seek Animal Abuse Suspect" »

Former Jacksonville Jaguar, Ernest Wilford, has entered a plea of no contest to a count of Resisting an Officer Without Violence. Wilford was arrested on January 14th after being asked to leave the Ritz Bar in Jacksonville Beach. The Ritz is watched constantly by the Jacksonville Beach Police Department. They have officers standing by and watching that two block radius of bars and restaurants. According to police reports, Wilford was at the Ritz at 1:20 in the morning. After refusing to leave the bar, the bouncers got Jacksonville Beach Police involved. The officer asked Wilford to leave and after refusing the officer's request, the officer put his hands on Wilford. Wilford attempted to pull away from the police, turned and pushed the officer in the chest with both hands moving him backwards four feet. The police deployed their Taser and gave Wilford two stuns because he would not submit. Once on the ground, they say Wilford continued to refuse to be handcuffed. The officer deployed another stun and he still refused. After the officer gave Wilford one knee strike to his right shoulder, the police finally handcuffed him.

After being arrested for Trespassing and Resisting an Officer Without Violence, Wilford was taken to the Jacksonville Beach Police Department before being transported to the Jacksonville Sheriff's Office Pretrial Detention Facility. It is standard for someone arrested in Jacksonville Beach to be transported to the jail in Jacksonville because Jacksonville Beach does not have a jail, just a holding area. If you are arrested at any of the beaches in Jacksonville, including Atlantic Beach, Neptune Beach, and Jacksonville Beach, you will be taken to downtown Jacksonville to be processed, put in a jail cell, and taken before a Jacksonville judge. Your criminal case will be handled in Jacksonville.

Wilford entered his plea of no contest to the charge of Resisting an Officer Without Violence, which is a first degree misdemeanor. A first degree misdemeanor is punishable by up to one year in jail. Wilford has to pay court costs and the judge withheld adjudication. That means that he was not convicted of the crime. The Trespassing charge was dropped by Jacksonville prosecutors.

The State Attorney's Office made a point to explain why they did not place Wilford in the Pretrial Diversion Program. The Pretrial Diversion Program, also referred to as PTI, is for first-time offenders who commit non-violent crimes in Jacksonville, such as petty theft or passing worthless checks. They elected to not place Wilford in that program because he did something to the police.

The Florida Department of Law Enforcement puts out the Uniform Crime Report every year. The report details, county by county, arrest and criminal data compiled for the previous year.

In Nassau County, Florida during 2010, a total of 2,547 people were arrested. Of the people arrested in Nassau, 246 were juveniles arrested and 2,301 were adults. Under violent crimes, FDLE reports that 6 rapes were committed, 24 robberies were committed and 162 aggravated assaults took place.

Of the theft crimes in Nassau County, there were no pick pocketing charges and no purse snatchings reported. There were 123 instances of shop lifting, 329 thefts from cars, 20 car parts, and 39 bicycles stolen. There were 54 grand theft auto charges in 2010. In the reported thefts, the Uniform Crime Report also lists values of the goods stolen. There was $107,669 in case stolen, $265,478 worth of jewelry stolen, $752,223 worth of automobiles, and $118,846 worth of TV's and stereos stolen.

As a Clay County Criminal Law Firm, our attorneys view crime statistics for Florida, particularly Northeast Florida. The Florida Department of Law Enforcement (also called FDLE) keeps track of crime statistics from all counties in Florida and releases the information.

Clay County, Florida had a total of 9,103 arrests in 2010, just down from the 9,578 arrest number the year before. Of that total, 8,038 were adults and 1,065 were juveniles arrested in Clay County. FDLE reports that there were 63 rapes, 117 robberies, 578 aggravated assaults, 906 burglaries, 3,322 thefts, and 162 grand theft auto crimes in 2010.

Different law enforcement agencies in Clay County were responsible for making the arrests. The Clay County Sheriffs Office arrested, by far, the most at 7,787. Next is the Green Cove Springs Police Department that arrested 467 people. The Orange Park Police Department arrested 411 people. The other agencies were the Florida Highway Patrol, Clay DEP Division of Law Enforcement, DABT Clay, and the Florida Game Commission.

Theft crimes in Clay County are even broken down by category in the Uniform Crime Report. There was one pick pocketing incident reported in 2010, three purse snatchings, 702 shoplifting incidents, and 162 stolen cars. Of the total amount of items stolen, $365,136 was cash, $878,846 worth was jewelery, $137,753 was clothing, $1,032,480 was cars, and $276,807 was TV's, Radios and Stereos.

Our Jacksonville Criminal Defense Law Firm follows crime statistics in Jacksonville and the surrounding areas. The Florida Department of Law Enforcement keeps statistics from all regions in Florida regarding the reported crimes in that area every year.

According to the Uniform Crime Report for 2010, a total of 46,019 crimes were committed in Jacksonville, 5,842 were classified as violent and 40,177 were classified as non-violent. Adults arrested totaled at 41,384 and 4,207 juveniles were arrested in Duval County. Total domestic violence crimes committed were 7,798. Domestic violence crimes in Jacksonville are murder, manslaughter, rape, forcible fondling, aggravated assault, aggravated stalking, simple assault, and stalking.

Property crimes in Jacksonville are robbery, burglary, and theft. The total number of robberies committed in Jacksonville in 2010 were 1,773. The total number of burglaries committed in Jacksonville last year was 9,998. The total thefts, including grand theft auto charges committed in Jacksonville was 30,179. The Uniform Crime Report also reports the values of items stolen in the commission of these property crimes in Jacksonville. The amount of cash stolen in 2010 is $5,512,428. The total value of other items stolen in Jacksonville last year, such as jewelery, clothes, cars, tv's, and guns, is $59,074,647. Of the total value stolen from citizens in Jacksonville, only $15,297,873 was recovered.

It is pretty common to see someone robbing a bank with a mask on. The person obviously does not want people to identify them. In Florida, penalties can actually be increased if you wear a mask during the commission of a crime.

If you commit a felony or misdemeanor, the level of that crime will be reclassified to the next higher degree if while committing the crime, you were wearing a hood, mask, or other device that concealed your identity. If you commit a second degree misdemeanor, it will be raised to a first. If you commit a first degree misdemeanor while covered, the crime is reclassified as a third degree felony. The same goes with third degree felonies and second degree felonies.