Jacksonville Criminal Attorney Blog

You are pulled over by police. Officers approach your vehicle not as if you've just run a stop sign, but possible with guns drawn or with an aggressive attitude as if you've done something very wrong.

They drag you out of the vehicle and start patting you down while looking through your car. You likely feel the itch to explain yourself, prove you didn't do what they're accusing you of doing. Every child has dealt with this scenario, but it's a different ballgame as an adult.

When police are involved, you shouldn't say anything, because it can be used against you. Every American has the right to remain silent, a very valuable right that many people take for granted or don't realize they have. Jacksonville criminal defense lawyers have seen countless defendants have a shot at beating charges only to have their fate sealed because they gave a statement to police.

This is especially critical in cases of burglary, gun crimes or murder in Jacksonville. In situations where police are working tirelessly to figure out who is the culprit, they tend to lean on suspects to try to get a confession.

Officers have one goal when it comes to a suspect being in custody and that is to get a confession. They rarely bring in someone who they don't believe committed the crime. Otherwise, it would be a waste of time.

So, officers use the years of training and experience they have to try to scare a person into confessing or admitting enough that they can be charged with a crime. Anything to keep them in custody.

A case out of Iowa highlights just how important keeping quiet is when you're charged with a crime -- and that applies to any time before the case is resolved.

In State v. Pearson, a 17-year-old was charged with robbing and beating an elderly man. After he was arrested, the teen smartly refused to waive his Miranda Rights and give a statement to police.

Miranda Rights are the right to remain silent. It's what most people are used to hearing on police TV shows when a person is arrested.

But the teen made a horrible decision when he told his social worker the next day that he had committed the crime, even though he wasn't with his attorney. His social worker, not having a requirement to keep the conversation quiet, told authorities and she was allowed to testify after a motion to suppress was denied.

The teen was convicted of first-degree burglary, willful injury and going armed with intent. On appeal, the conviction was reversed on the going armed with intent, but otherwise the charges were upheld. The Supreme Court upheld the verdict, ruling that the interview was not a custodial interrogation and that the confession was voluntary.

Continue reading "Your Right to Silence and State v. Pearson in Jacksonville Crimes" »

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" »

Our Jacksonville Criminal Defense Law Firm handles all felonies and misdemeanors in Florida. A felony in Florida is any crime punishable by over one year in jail. A misdemeanor, on the other hand, is punishable by up to one year in jail.

There are different levels of felonies. The levels are:

A. Capital Felony
B. Life Felony
C. First Degree Felony
D. Second Degree Felony
E. Third Degree Felony

Capital felonies are punishable by death or life imprisonment without the chance of parole. If you are convicted of a first degree felony, you can be sentenced to prison for up to 30 years. A second degree felony is punishable by up to 15 years in prison. A third degree felony is punishable by up to 5 years in prison.

There are also different levels of misdemeanors. They are:

A. First Degree Misdemeanor
B. Second Degree Misdemeanor

A first degree misdemeanor is punishable by up to one year in jail and a second degree misdemeanor is punishable by up to 60 days in jail.

As a Jacksonville Criminal Lawyer, almost all of my cases involve witnesses. In many cases, such as domestic battery cases or violent crimes in general, the witness is considered a victim. Usually, the victim of a crime is known by the defendant. They are a family member, love interest, friend, or acquaintance. Our clients often ask us about contacting the "victim" while the case is pending. Contacting any witness during a criminal prosecution can be dangerous and even unlawful.

In Florida, it is a crime to tamper with or harass a witness, victim, or informant. Any person, not just the defendant, who knowingly uses or attempts to use intimidation, physical force, bribes, or threats toward someone with the intent to cause the person to:

1. Withhold testimony from an official investigation or official proceeding;

2. Alter, destroy, change, or hide an object with the intent to hurt the integrity of the object for use in an official investigation or proceeding;

3. Hide from legal process summoning that person to appear in court as a witness;

4. Not come to an official proceeding when that person has been subpoenaed;

5. Testify untruthfully in an official investigation or an official proceeding.

If the official investigation or official proceeding involved is a misdemeanor in Florida, witness tampering is a third degree felony. If the official proceeding affected involves a third degree felony, witness tampering becomes a second degree felony. If the proceeding is a second degree felony, witness tampering becomes a first degree felony.

When you have a criminal defense law firm in Florida, you come across the charge of fleeing or attempting to elude a law enforcement officer often. This is a felony that can be punishable from 5 years to 30, depending on the level.

If you are driving a car and you know that you are being ordered to stop by a police officer and willfully refuse to stop, it is a third degree felony. Likewise, if you are fleeing a patrol car with the police agency insignia, siren, and lights activated, you are committing a third degree felony. Both of these crimes are punishable for up to 5 years in prison. If, in the process of fleeing, you drive at a high speed or drive with disregard for the safety of people or property, you are facing a second degree felony. This is punishable for up to 15 years in prison. If, in the process of fleeing, you cause serious bodily injury or death to another person, this is considered an aggravated fleeing and the crime is punishable for up to 30 years in prison because it is a first degree felony.

The state of Florid has many laws that protect elderly people. An elder person is defined as someone who is 60 years-old or older who suffers from the infirmities of aging. It is a crime in Florida to knowingly, by lying or intimidation, to use an elderly person's funds or property with the intent to deprive that person of the possession of their money or property. The police take into account whether or not the person committing the crime is in a position of trust with the elderly person or whether or not they have a business between them.

If the money or property involved is valued at $100,000 or more, the suspect can be arrested in Jacksonville for a first degree felony.

If the money or property is valued at between $20,000 and $100,000, the suspect can be arrested for a second degree felony.

If it is valued at less than $20,000, the suspect can be arrested for a third degree felony.

There are two types of criminal cases in Jacksonville, Florida. They are felonies and misdemeanors. Felonies, in general, are crimes that are punishable for over one year in prison. Misdemeanors are punishable for 12 months or less.

There are several felonies. A capital felony is punishable by death if the appropriate hearings occur. A Life Felony is punishable by life in prison. A First Degree Felony carries 30 years maximum in prison. A Second Degree Felony is punishable for up to 15 years in prison. A Third Degree Felony is the lowest degree felony punishable for up to 5 years in prison.

Middleburg residents, Keith Allen and Gary Connor, have been arrested for Grand Theft by the Jacksonville Sheriff's Office. They are accused of stealing roadside railings and hardware. They are being held in the Duval County Jail on $100,003 and $50,003 bonds. Grand Theft is a third degree felony punishable for up to 5 years in prison.

Grand Theft is a non-violent crime. There are two reasons to set a high monetary bond:

1. If the accused person poses a danger to the community or

2. If the person accused is a flight risk.

A judge would have looked at these two men's criminal records and considered their ties to the community.

If you have any questions about a bond reduction in Jacksonville, please call our Jacksonville Bond Reduction Attorneys at (904) 634-0900.

When you are arrested for a felony in Jacksonville, the prosecutor has about 21 days to make a decision about what to do with your case. They could:

1. File felony charges in Jacksonville.

2. Reduce the felony charge to a misdemeanor charge.

3. Send you to the Pretrial Intervention Program.

4. Drop your criminal charges outright.

That is why it is so important to hire an attorney as soon as possible after an arrest in Jacksonville. An experienced Jacksonville criminal lawyer can look at the charges and make contact with the state attorney assigned to the case.

If you have any questions about felony charges in Jacksonville, don't hesitate to call our Experienced Jacksonville Criminal Attorneys for a free consultation 24 hours a day at (904) 634-0900. You will speak to a lawyer.