Jacksonville Criminal Attorney Blog

Law students, like many other types of students, have many stresses placed on them. Sometimes, these law students cannot handle these stresses and simply overreact, leading to criminal charges. When this happens, one should contact an experienced attorney to fight for one’s case.

According to the Naples Daily News, Robert Ringley, an Ave Maria law student, has been accused of trying to shoot his roommate, a fellow law student, and threatening his ex-girlfriend’s life. Thet altercation began after Ringley, 25, asked for his ex-girlfriend to come to his apartment and talk about their relationship.

Florida gun crimes can be some very intriguing cases, especially when one throws law students into the mix. Between relationships, grades, having enough time for sleep and having enough time for a social life, stresses such as these can be very taxing. Unfortunately, when one combines alcohol with a broken heart, things can get ugly.

Ringley has been charged with attempted murder, a first degree felony, which can bring as much as life imprisonment. On top of that, Ringley has been charged with aggravated assault with a deadly weapon against his ex-girlfriend.

In the legal system, one has many options for obtaining an attorney, be it through privately seeking an attorney, obtaining a court appointed attorney, or defending one’s self. Sometimes, one may feel competent enough in their knowledge of the law to defend themselves in court. Sometimes this option works; other times, it ends in very harsh consequences.

In many situations, a law student, especially one with decent grades, would consider him or herself as a master of the law. However, this is not normally the case. Like anyone, when thrown into the heat of facing criminal charges, is likely not able to see possible defenses that an outside source such as an experienced Jacksonville gun crimes attorney can and will provide.

Furthermore, the accused, whether accused falsely or not, is significantly better suited with an experienced attorney at his or her side. The attorney, in many ways, acts as a sort of intermediary, which softens some of the blow with respect to punishment. However, with an experienced attorney who knows the judge that one will go before, that punishment may be lessened even further.

In the case of Ringley, Ringley already has a misdemeanor DUI arrest, for which he was placed on a 12 month probation, and had to agree to undergo random alcohol testing afterwards and have no alcohol in his residence. As the facts show, Ringley broke all three requirements. This case will not pan out well if Ringley goes before the Judge by himself.

Continue reading "Law Student Arrested For Attempted Murder in Florida " »

Jacksonville’s juveniles can have some extreme thoughts about obtaining what they want. Even though the actions juveniles choose are most of the time non-violent, sometimes the results of those non-violent actions can be deadly to the juvenile. When this happens, one should contact an experienced Jacksonville juvenile crimes attorney to mount the best defense possible for their deceased love one.

According to the Florida Times-Union, Jacksonville police gunned down a 17 year-old who held up a West-side convenience store with a fake gun. The 17 year-old, Craig Ruise, was shot by two officers after the teen was said to have been holding the store up at gun point at around 3am.

Jacksonville juvenile cases can be quite difficult to deal with, and as this case in particular shows, juvenile cases can be quite heart-breaking. Ruise was carrying a plastic Colt 1911 handgun, which police mistook for a real gun, as it was painted black. The police shouted for Ruise to drop the weapon, which when Ruise failed to do so, the police officers shot him.

Jacksonville police actions have been scrutinized for many years, and for good reason. Many people from Jacksonville have had run-ins with the police that could have ended very differently, had the actions of that officer or set of officers been more thought out.

Many law enforcement officials, when considering facts similar to Ruise’s unfortunate case, will say, like Jacksonville police’s Chief Hackney said, that the police responded in the proper manner. However, police do not often consider without a superior suggesting it, that alternative methods of subduing suspects could and should be used.

Jacksonville police have at their disposal the ability to tase, bean-bag, or at least partially wound a suspect without fatally wounding them. However, most police officers, when put under the pressure, will react at the first remedial measure available: a gun.

The actions of some police officers tend to be just assumed right and the actions of the accused or deceased assumed completely wrong. However, in many situations, the police officer’s actions should be more scrutinized, specifically those cases with fatal consequences.

Many gun cases are similar to Ruise’s, even those that are not fatal. Most tend to be cases where the accused was not given time to put down the weapon, the police thought that the accused was acting in a way that seemed threatening, or the police felt that the problem of the accused needed to be dealt with more aggressively. Whatever the case, the accused in these cases tends to suffer at the hands of the police rather than the hands of the judicial system.

Continue reading "Jacksonville Juvenile Gunned Down After Attempted West-side Robbery" »

Jacksonville is a city that has many gun owners. However, when guns are put in conjunction with drugs, things sometimes go wrong. When these sorts of cases arise, it is imperative that one obtain an attorney that is experienced so that one’s rights are protected.

According to the Florida-Times Union, Tyler Woody Willis, a West-side man, shot his friend in the head with a shotgun after smoking marijuana. Willis said that he had dropped the shotgun and as it hit the floor, it went off, shooting his friend, William Brandon Hodge, in the head. Willis was charged with attempted manslaughter, discharging a firearm while under the influence of a controlled substance, and drug paraphernalia possession.

In Florida, the charge of discharging a firearm while under the influence of a controlled substance is covered under Florida Statutes 790.151. Under this statute, “using a firearm” means that a person must discharge a firearm or have a firearm readily accessible for immediate discharge. Furthermore, “readily accessible”, means that the person must have the gun ready and loaded in their hand while under the influence.

In many Jacksonville gun crime cases, the accused has been caught red handed: the gun is in the person’s hand, they are intoxicated, and the gun accidentally goes off, fitting with the statute. However, in the case of Tyler Willis, Willis was not holding the gun.

An experienced Jacksonville gun crimes attorney would be able to provide a series of defenses for Willis and others in similar situations, so that either the charge could be dropped or at minimum lessened.

Many times police will assume that the defendant, no matter what the situation is, that the person they arrest intentionally did whatever action they were arrested for. However, not always does the accused wantonly commit the act; many times, the act was by its very nature, an accident.

Willis told police that the shooting was an accident and that the gun hit the floor, shooting his friend William Hodge in the head. Police disagree with the series of events Willis told them because of how the gun hit the floor and the built-in safety mechanism in the gun. However, none of the police’s ideas about how the crime happened can be confirmed; the safety mechanism may not have been functioning properly.

Continue reading "Jacksonville West-side Gun Crime Leads To Attempted Manslaughter Arrest" »

Florida Representative Jim Boyd filed House Bill 947, requiring a mandatory minimum prison sentence on convicted felons if they are caught carrying a gun, are attempting to commit a crime with a gun or are in commission of a crime with a gun, the Bradenton Herald reports. As Florida is now gearing up its gun crime laws, one should gear up one's defenses to those laws.

The bill, proposed by one of Florida’s more pro-prison representatives, will be an amendment to Florida’s current 10-20-life law, which set minimum prison sentences for anyone convicted of a gun-related crime.

Jacksonville gun crimes may seem like very specific and overt acts, such as robbing a store with a gun or pulling a gun on someone during a fight. However, gun crimes can be very broad yet simple, such as merely having a gun in a vehicle one is driving.

Under Federal Statute 18 U.S.C. §922, if a person is convicted of a felony, that person cannot possess a firearm or ammunition. This law is typically meant to protect citizens from those felons who would be violent if they were allowed to possess a firearm. However, not all felons are violent.

Take this situation for example: Someone is convicted of grand larceny, typically a non-violent felony; the person serves their time and is released. Six months later, the same person is stopped while driving somewhere by a police officer; the vehicle is searched, and ammunition is found in the glove compartment, but no gun. Under federal law, that person is guilty of possession of ammunition by a felon, a gun related crime. Under the 10-20-life law, this felon will receive a set minimum prison sentence, which will soon be enhanced, if House Bill 947 is passed.

In these sorts of situations, felons will be facing major sentences for relatively minor offenses that fall under the felony category. The light at the end of the tunnel can seem dim or non-existent. If one obtains an experienced Jacksonville gun-crimes lawyer to mount the best defense possible, one will have a better chance of making it out of the tunnel with hope for the future and putting the gun charge in the past.

Continue reading "Jacksonville Firearm Felons May Face Harder Times in Florida" »

A recent case out of Massachusetts shows the obligation state prosecutors have in charging citizens with crimes.

In this case, four men are facing gun charges and the police didn't secure a video tape that could have cleared their names.

Surprisingly, this happens with more frequency than one might expect. Jacksonville criminal defense lawyers have seen time and time again where police get some type of evidence in a case and manage to lose it, mislabel it or otherwise taint it.

This violates a defendant's due process rights. Every person charged with a crime has the right to examine evidence that the prosecution intends to use to try to put them in prison. It's a basic right that sometimes gets trampled upon.

In drug cases in Jacksonville, for instance, police must carefully store evidence they find in order to prove the weight, which goes a long way toward proving a person is guilty of the crime. In other cases, evidence seized may stay in a cop's trunk for an entire shift, get mixed up with other evidence or otherwise lose its authenticity.

Police are notorious for tramping through crime scenes and doing harm to their own cases and potentially denying a defendant evidence they may be able to use in their favor. When officers get a call of a violent nature, their first goal is to rush into the house and ensure it's secure and that there are no people with weapons inside.

Their second goal is to make sure that if someone is harmed, they get the medical attention they require. In the meantime, officers will leave fingerprints everywhere and trample upon potential footprints, DNA and fingerprints. This can contaminate the evidence they hope to use to find a suspect.

In the case outside Boston, The Sun Chronicle reports, four men were charged earlier this year with being involved in a gun offense outside a gas station. But rather than secure the video tape from the scene, police left it at the gas station. One officer saw it because he mentioned it in his police report.

But rather than get a copy, the gas station workers were allowed to eventually tape over the surveillance video, so the defendants no longer have it available to use in their defense. They believe the video will show that they aren't guilty. But because it's not available, they will never know.

A judge is expected to rule on whether not having the tape violates the defendants' Constitutional rights. Their lawyers are asking that the judge drop the charges against them. The judge is expected to make a decision in the next few weeks.

Prosecutors are required to ensure that all evidence that is available -- not just what is favorable to their case -- is handed over to the defense. That means that even if they speak with a witness who may not have seen anything, they should note it in a report so that the defense can speak with that person. This is essential to guarantee a Jacksonville criminal defendant gets a fair trial.

Continue reading "State Must Provide All Evidence in Jacksonville Criminal Cases" »

A 20-year-old Jacksonville man has been arrested and charged in connection with a robbery and shooting at an Orange Park apartment, The Florida Times-Union reports.

Drugs and guns tend to go hand-in-hand in criminal enterprises, which gives police and prosecutors plenty of avenues to charge individuals accused of these crimes. Along with many possible drug charges in Jacksonville, such as possession, distribution, trafficking, buying, possession of drug paraphernalia or even racketeering, prosecutors can also tack on gun charges, such as carrying a concealed weapon, possession of a firearm by a convicted felon and others, most of which are felonies.

These charges can lead to potential serious prison sentences if not aggressively defended by a skilled Jacksonville criminal defense lawyer. Ensuring that the client's rights are upheld and that the evidence police intend to use is credible are two of the top concerns of a defense lawyer.

In this case, a 20-year-old, who lives in the 8000 block of Renault Drive North, is now charged with aggravated battery with a deadly weapon in the alleged attack October 22. A man was robbed and shot twice in his Orange Park Apartment, 2020 Wells Road.

According to police documents, investigators believe the shooting was the result of a drug deal. The alleged victim was hospitalized and expected to recover. The newspaper first reported that detectives believed it was a case of home-invasion robbery.

So, police have already made two allegations that they haven't been able to prove. First, they said they believed the case to be a robbery, yet the defendant isn't charged with robbery in any form. Second, they believe the case to be related to drugs, but they haven't made any drug-related arrests.

These are points that may be brought out at trial to show that detectives may have been going on a fishing expedition in order to bring charges against the suspect. It's possible that victims of crimes can embellish in order to get another person in deeper trouble than they are already in. Alleging that drugs were involved can do just that.

If police believe they have evidence that a victim knew the person who shot them, detectives may consider their credibility higher than a person shot by an unknown intruder. So, if they make additional allegations, it could lead to additional charges, which means possible increased penalties.

Shooting are serious crimes, but police still must have sound evidence in order to bring charges. Ballistics, which can match bullets to guns, are a key piece of evidence, supposing officers recover a weapon. Eyewitness identification can be spotty in shootings, especially in a crowd. An admission by a suspect is the strongest evidence police can have, so keeping quiet is important for suspects.

If you are arrested, the first thing you should do is ask for a lawyer. Don't attempt to talk your way out of the charges -- detectives have heard just about everything. Ask for an attorney by using your right to silence and discuss the case with him first. A Jacksonville criminal defense attorney can advise you of your rights and help you decide whether or not to talk to the police.

Continue reading "Jacksonville Man Accused in Drug-Related Shooting" »

Police have arrested two men and charged them with second-degree attempted murder after a shooting spree in a commercial strip center parking lot, The Florida Times-Union reports.

Charges of attempted murder in Jacksonville can sometimes be grossly exaggerated by police officers. The line between aggravated battery and attempted murder sometimes is razor thin and yet there is a large disparity between the possible punishments.

Filing decisions made by prosecutors after gathering information aren't set in stone and an experienced Jacksonville criminal defense lawyer may sometimes be able to talk things over with the prosecutor, pointing out problems with the case and be able to get charges reduced before trial. Sometimes, it doesn't work out and only a trial can sort out the true facts.

In this case, a 19-year-old and 25-year-old were arrested by police after allegedly participating in the recent shooting. Officers were working an undercover operation when they heard gunfire, the newspaper reports.

After looking in that direction, officers said they saw one of the men fire a pistol at the other. As the alleged victim of that shooting ran away, he was picked up in a Chevrolet Impala and he began firing back. The initial shooter ran away.

Police pulled over the Impala. Later, a man suffering from gunshot wounds walked into a hospital with non-life-threatening injuries. The newspaper previously reported that three people were in custody, though they only announced two arrests.

In cases where there is a shootout between individuals, officers will usually look to see if there are gang ties between the alleged shooters to try to find the bad blood between them. Detectives will hit up their neighborhoods and try to find witnesses -- providing first-hand knowledge or not -- who can try to paint a picture of why the two would be willing to shooting each other.

If they get any hint of a reason to prove this wasn't a chance meeting and perhaps it was a one-time argument over something, police may consider charging the suspects with attempted murder.

As Florida Statutes 782.051 reads, attempted murder is committing a felony and during the commission of that felony committing an intentional act that could kill another person. It can be charged as a first- or second-degree felony. That means a person could face up to life in prison, if convicted.

But aggravated battery, according to Florida Statutes 784.045, means committing a battery with a deadly weapon. This means causing great bodily harm, disability or disfigurement with a deadly weapon. It is a second-degree felony, punishable by up to 15 years in prison.

Police must prove that a person was committing another felony when they attempted to kill someone to prove attempted murder. To prove aggravated battery, they could show that a person simply was shooting at another person. But police often arrest people on a charge that is the highest penalized, knowing that prosecutors could reduce the charges once they get the case report.

And a qualified Jacksonville defense attorney will then look at the evidence and it will be his job to look at the police reports, witness statements, ballistics tests, crime scene evidence and reports and other evidence provided by the state to ensure a defendant's rights are upheld and that they aren't over-charged by the state.

Continue reading "Two Charged After Jacksonville Strip Mall Shooting" »

The future of a 21-year-old man is now in doubt as he has been arrested and charged with accessory after the fact in a string of Jacksonville shootings, First Coast News reports.

It appears the man is charged with participating in a string of shooting at vehicles on Branan Field Road in Jacksonville. The charge of accessory after the fact is a tough crime to assess without more details. According to Florida Statutes 777.03, a person facing that charge can be punished with a first-degree felony to a misdemeanor, depending on the circumstances.

Complex criminal cases such as these require an experienced Jacksonville criminal defense attorney who has the ability to separate the fact from fiction and help a defendant get a fair shot at trial.

According to news reports, police say vehicles were shot at around 4 a.m. one Saturday and again that Sunday. One person was struck in the shoulder was treated by fire and medical personnel at the scene.

Police believe two people were shooting at vehicles from a nearby patch of woods. While the police report charging the 21-year-old offers few details, it states another person is suspected of participating in the shootings. Up to five vehicles and drivers may have been victimized.

The charge of accessory after the fact also indicates that police don't believe the 21-year-old is the main culprit, but rather his alleged co-defendant may be the most responsible for the crime.

Accessory after the fact can apply to many different charges, according to Florida law. any person who assists an offender, knowing that the person has already committed a crime, can be charged with accessory after the fact. But accessory after the fact is charged based on the charge of the co-defendant.

For instance, if a person kills someone then calls a friend and asks them to help them move the body, accessory after the fact can come into play. But the severity of the charge depends on what charge the initial offender faces. If the person is charged with capital murder, then the accessory after the fact charge would be a first-degree felony, punishable by 30 years to life in prison. If the person is charged with second-degree murder, the person who aided faces a second-degree felony, punishable by up to 15 years in prison.

The charge is actually twice as difficult to defend because defending the person charged with accessory after the fact largely hinges on the state's case of proving the co-defendant's charges. If there are holes in the case against that person, the state may not be able to prove a first-degree felony, but only a second-degree felony. That, in turn, could mean the client charged with accessory after the fact faces a third-degree felony, a much less serious charge.

This is a complex area of criminal law in Jacksonville that requires an experienced and dedicated attorney. The charges can be serious and the penalties severe, so it shouldn't be left up to just anyone.

Continue reading "Branan Field Road Shootings Lead to Arrest of Jacksonville Man" »

In a recent case out of Texas, police violated a defendant's civil rights during a traffic stop, which led to the case being sent back and a motion to suppress being granted.

The case of United States of America v. Robert Macias Jr. shows why an experienced Jacksonville criminal defense attorney is critical to making sure law enforcement officers are held accountable for their actions.

Especially when you are dealing with gun charges in Jacksonville, where prison sentences await and defendants are governed by the state's 10-20-Life law and three strikes law -- both allow for steeper penalties when guns are involved.

This gun charge came down to a traffic stop that resulted in a defendant's rights being cast aside by an officer who just couldn't shut up. According to the ruling by the 5th Circuit Court of Appeals, Macias was driving down the interstate in a pickup truck when he passed a state trooper waiting in the median on a November 2009 day.

The trooper noticed the man wasn't wearing a seat belt -- a violation of Texas law -- so he pulled the man over. When he walked up to the vehicle, he noticed the passenger also wasn't wearing a seat belt. He asked for identification and insurance and the man provided an ID, but said it was his girlfriend's truck and he didn't have the insurance on him.

Three different times, the trooper asked the man about the insurance, even though he clearly explained several times he didn't have it. The trooper also asked where they were traveling and about his work status -- all irrelevant questions to a traffic stop for not having a seat belt on. The interaction was recorded by his dashcam video.

During testimony in a motion to suppress hearing, the trooper said he asked so many questions because the man seemed nervous. He asked the man to walk to his cruiser and began asking him more questions about his work, his travel and other questions in an effort to pinpoint why the man was nervous.

How about because he had just been pulled over by police?

After talking with the driver, the trooper again acted out of order by questioning the passenger, the daughter of the man's girlfriend. He launched into a serious of questions about their relationship, how long they had been traveling, what they intended to do once they got to the Texas city they were heading to after driving straight through from Arizona. He also asked where their stuff was in the truck, why the man's girlfriend wasn't with them and other irrelevant questions.

After telling Macias he was going to cite him for the seat belt and insurance infractions, the trooper ran a background check, minutes after coercing out of the man that he had served time in prison for an attempted murder charge. The trooper had vaguely asked if he ever been in "trouble" before. After running the background check, a possession of marijuana charge came up. The man explained that the charge had been dismissed and it had been nearly two decades since he had used marijuana.

The trooper then asked the man if he had anything illegal in the truck, like drugs or large amounts of money. He protested that there was nothing, but the trooper asked for permission to search the vehicle. After finally consenting, though nervous because it wasn't his vehicle, and 45 minutes after the initial stop for a seat belt violation, the trooper found an unloaded gun and ammunition in a bag.

Some 1 hour and 39 minutes after the stop, the man was arrested. The man was indicted and during a motion to suppress the evidence, the judge denied it, saying the man was free to leave after getting the citations. The man later pleaded guilty to possession of a firearm by a convicted felon and was sentenced to 33 months in prison and three years on supervised release.

On appeal, the court ruled that the search wasn't consensual and therefore, all evidence should have been suppressed. The extensive questioning violated Macias' rights and the conviction was vacated and the man ordered freed from his sentence.

Continue reading "United States v. Macias Shows Why Police Must Be Held Accountable in Jacksonville Gun Cases" »

A gun and some drugs were recently found on a man who was trying to enter the Duval County Courthouse, The Florida Times-Union reports.

Drug charges in Jacksonville, much like Duval County gun charges, can put people away for a long time. These charges require an experienced Jacksonville Criminal Defense Lawyer, who will work to eliminate potential evidence against a defendant as well as challenge all aspects of the case.

According to the news report, a 21-year-old was attempting to get into the building one recent morning, but he was stopped with three small bags of marijuana and a double-barrel Derringer, a palm-sized revolver.

The man was allegedly carrying a backpack that contained the weapon inside a shoe. The man now faces a felony charge of carrying a concealed weapon and misdemeanor charges for the marijuana possession.

The news article states that the man didn't have a concealed weapons permit and even if he did it wouldn't have mattered since all weapons are prohibited from entering the courthouse. The man allegedly told security guards he didn't realize the weapon was inside his backpack. It's unclear why he was at the courthouse that day.

According to Florida Statute 790.01, carrying a concealed weapon is a first-degree misdemeanor or could be punished as a third-degree felony, depending on the circumstances.

For the misdemeanor offense, a person must have carried a "concealed weapon or electric weapon or device." The felony offense pertains to a firearm. While people are allowed to get a concealed weapons permit, without one, a person can be charged with a very serious felony offense, which is punishable by up to five years in a state prison.

Drug charges in Florida can vary greatly. The severity of the charges depend on the quantity of the drug that is seized by law enforcement, as well as the type of drug and the location of the arrest. It's possible for suspects to face more serious charges if they have the drug at or near a church or school, for instance.

These cases are complex, even if television shows make them seem simple. Law enforcement must ensure they have probable cause to arrest someone for gun or drug charges in Florida. That means, they must have a reasonable suspicion that a person is committing a crime before arresting them.

They also have a long list of rules and procedures they must follow while dealing with a suspect they intend to arrest. If those rules are broken, it's possible all the charges can be thrown out because a suspect's rights may have been violated. While some people would call that a "technicality," it isn't. Protection of one's rights is the fundamental issue in our society and in our criminal justice system.

An experienced Jacksonville Criminal Defense Lawyer can spot where rights have been violated and where a person must get relief and justice by being acquitted or having the charges dropped before trial.

Continue reading "Gun, Drugs Seized at Duval County Courthouse" »

A Jacksonville teen was recently arrested on charges that he shot a man inside his garage and then chased him, shooting him again, News4Jax.com reports.

Gun charges in Jacksonville, especially those involving juveniles, can be some of the most contentious. That's because the State Attorney's Office often wants to prove a point and make a statement with a long prison sentence in order to serve as a deterrent for others. But a Jacksonville Criminal Defense Attorney wants leniency, to show that the young adult has learned the lesson and will curtail the behavior in the future.

It is a battle that is fought every day in every courthouse across the United States. There is a fine line between age and punishment that must be walked gingerly in order to ensure justice and not irreparably harm the defendant.

According to the news report, the 19-year-old was inside a house he was staying at with some others when around noon his girlfriend was walking down the stairs and saw a person's reflection on a television stand and told the teen someone was breaking into the house.

Police say the teen got a shotgun and loaded three rounds, finding an 18-year-old in the garage. Police say the two know each other, but the 19-year-old pointed the gun at the younger teen and fired, hitting him in the chest.

Police say the 19-year-old then chased the alleged victim from the garage to the back of the house, where he shot him two more times. The man was taken to a hospital with life-threatening injuries. The 19-year-old faces a charge of attempted murder. Now an adult, the juvenile system will no longer be available to him.

Police say there was no sign of forced entry and that the front door was unlocked and the garage open at the time. The shooting was initially reported to be a burglary and police are looking for two other people wanted in connection with the case. Prosecutors said witnesses revealed that the two other people were running from the house because they heard gunshots.

This is an interesting case because at first glance, it appears that self-defense could come into play. Under Florida's Castle Doctrine as well as the Stand Your Ground laws, a person has no obligation to retreat from his or her home. If a person feels threatened, they are allowed to use force to protect their property, even deadly force. However, prosecutors also often look at the appropriateness of the response.

If this teenager did, in fact, know the alleged victim, there may have been bad blood and he may have had a reasonable fear that he was going to come after him. Running after him after allegedly shooting him once could hurt that defense, however. The fact that police are looking for two other people may shed some light on the whole situation.

In these cases, consulting a lawyer immediately is critical. Being represented before others are taken into custody and have a chance to talk -- or deal -- with authorities, can go a long way toward ensuring the best outcome possible in your case.

Continue reading "Teen Faces Attempted Murder Charge in Westside Shooting" »

An armed man and police struggled inside his vehicle during a recent traffic stop, leading to the man facing numerous charges, including possession of a firearm by a convicted felon, The Florida Times-Union reports.

Florida has taken a hard stance against someone who has a previous conviction and who is caught with a firearm. Under the state's 10-20-Life law, a convicted felon who is found guilty of having a firearm, regardless of the prior conviction, must spend a minimum of three years in prison. Jacksonville gun charges are serious and must be aggressively defended by an experienced Jacksonville Criminal Defense Attorney.

In this case, the man faces a host of charges after getting into a struggle with police, the newspaper reports. According to the report, the man was stopped a day earlier by police, though it's unclear why police attempted the initial stop.

The next day, he was pulled over again and according to the news report, he and an officer began struggling when the man allegedly reached for something inside his vehicle. Officers say they saw that he had a gun in his other hand and another officer head-butted him and punched him in the arm before taking the weapon.

After tossing the .25-caliber handgun out of the vehicle and handcuffing the man, officers spotted plastic bottles with pills, marijuana and crack cocaine, according to officers. The man has two prior felony convictions in Florida, the most recent in 2002, according to the newspaper.

The man now faces charges of resisting an officer with violence, possession of a firearm by a convicted felon, armed trafficking in opium, armed possession of cocaine and armed possession of a controlled substance. He is being held without bail.

Along with the mandatory prison time this defendant may face under the 10-20-Life law, he also faces a host of drug charges. drug crimes in Jacksonville can be tough to disprove when officers find several different kinds of drugs in someone's possession.

In this case, it appears the police have stacked the charges, meaning they have charged the suspect with possession of and trafficking of several different kinds of drugs. The trafficking of opium charge alone is a first-degree felony, punishable by up to 30 years in prison. The possession charges may be enhanced for purposes of sentencing because he is charged with being armed while possessing those drugs.

It may be possible, depending on the circumstances, to prove the officers illegally searched a defendant's vehicle when they find illegal drugs inside. The fact that officer's used violence against a defendant must also be scrutinized and police must be able to justify their actions. Eye witnesses may be able to dispute the scene, since it allegedly took place in front of a gas station near I-295, presumably a populated area.

Like any crime, an experienced Jacksonville Criminal Defense Attorney will look at all of the state's evidence and look to disprove each and every charge along the way. The sooner an attorney is contacted, the better chance the defendant has at a positive resolution to the case.

Continue reading "Man Charged With Possession of a Firearm by a Convicted Felon in Jacksonville" »

First Coast News reported that a road rage incident shut down Interstate 295 recently and led to criminal charges for a teenager.

The Jacksonville Criminal Attorney Blog reported not that long ago of an 18-year-old who allegedly pulled a gun on a driver who yelled at another driver after he was pulled over.

Gun charges in Jacksonville are among the most serious a person can face not only because of the potential for violence that comes with firearms, but also because police and prosecutors can take the use of a firearm in a crime and try to enhance the penalties under the state's 10-20-Life law. Sometimes, a Jacksonville Criminal Defense Attorney can work to prove a gun wasn't "used" in a crime, but simply present, which is a possible defense.

Under the 10-20-Life law, a person who commits certain felonies or attempted felonies while using a gun must serve a minimum 10 years in prison. If the firearm is discharged, the minimum sentence jumps to 20 years and if someone is injured or killed, the penalties become 25 years to life.

According to the news report, the Florida Highway Patrol says one vehicle was blocked by another in rush hour traffic and the two vehicles began erratic and aggressive driving. The 19-year-old allegedly told police he was trying to merge from I-95 onto I-295 and attempted to get in front of an SUV.

When the SUV driver began yelling at him, the teen told police he threw a can of air freshener at the SUV, hitting it in the side. The driver of the SUV then allegedly pulled out a gun in a non-threatening manner, telling police he thought the can hitting his vehicle was a gunshot. The driver then said the gun accidentally went off, striking a passenger in the teen's car in the leg.

The teen allegedly started chasing the SUV, despite pleas from his passenger to go to the hospital. The two vehicles chased each other at speeds up to 80 mph, including several times when the two cars bumped. The teen faces charges of aggravated assault and throwing a deadly missile.

Aggravated assault is defined under Florida Statutes 784.021 and means an assault with a weapon without the intent to kill or with an intent to commit a felony. An assault is simply an unlawful threat that's intentional and that causes a well-founded fear that violence is imminent. It is a third-degree felony punishable by up to five years in prison.

Shooting a deadly missile into a dwelling -- in this case a air freshener can -- is considered a second-degree felony, which is punishable by up to 15 years in prison. This must be done "maliciously" and "wantonly" shoots at or throws a hard substance that could produce death or great bodily harm.

In this case, its hard to imagine an air freshener can causing great bodily harm or death and if the teen's account of doing it as a scare tactic is accurate, it's hard to see this charge sticking. But regardless of what happens in this case, these charges are serious as the 19-year-old currently faces 20 years in prison for allegedly getting into a stupid road rage incident with another driver.

Continue reading "Second Road Rage Incident in Weeks Leads to Jacksonville Gun Charges" »

A 23-year-old man now faces an extensive list of charges after allegedly getting into a gun battle with another man outside a Jacksonville nightclub, The Florida Times-Union recently reported.

Gun charges in Jacksonville can be difficult because lawmakers have increased possible penalties for people convicted of firing a weapon in public and using a weapon while committing another crime. An experienced Jacksonville Criminal Defense Attorney, however, can sift through the evidence provided by the state and work to exclude evidence from trial and provide theories of defense to dispute the charges.

In this case, the 23-year-old now faces charges of firing a gun in public, possession of a gun by a convicted felon and possession of marijuana after shots were traded in front of Club Steppin' Out recently, the newspaper reports. He is in jail in lieu of $48,000 bail.

According to Jacksonville Sheriff's Office deputies, a man started firing at a group around 2 a.m. and the group fired back. One witness said she hit behind a telephone pole while bullets flew, including one that ricocheted off her nearby car.

After responding to a 911 call, an officer pulled over a Buick Century that was leaving the area after a witness yelled at him that it contained one of the gunmen. Inside the vehicle, police found marijuana and a .40-caliber handgun on the ground next to the car. No one from the other group was found, police said.

The newspaper reports that the club has been the scene of violence before -- including a drive-by shooting in late 2009. The club's owner was shot and killed there in 2007, as well.

These charges are serious and can lead to possible prison time. A convict charged with possessing a weapon, according to Florida Statutes 790.23 can face up to 15 years in prison if convicted of the second-degree felony.

Shooting a weapon in public, according to Florida Statutes 790.15, is punishable as a second-degree felony, as well, and carries the same possible penalty.

But what must be considered in cases like this is how people are credible witnesses. For one, they were at a club and were likely drinking, which can alter their ability to accurately recall what happened. Also, how could they have seen a shooter if they were hiding behind objects to avoid being hit, as the one witness was?

And in cases where gunfire was exchanged, it's possible the firing was done in self defense. How can police be sure it wasn't? An aggressive defense attorney will also question how police had probable cause to pull over a vehicle without having a good idea it contained a person involved in the shooting. There are many vehicles, especially in a city as large as Jacksonville, that can match a vague description.

Defending a case this serious requires a lot of work and dedication of an attorney who has been doing it for years. Trust experience to protect your rights if charged with a crime in Jacksonville.

Continue reading "Jacksonville man Faces Gun Charges After Shots Outside Nightclub" »

According to The Florida Times-Union, a man pulled a gun recently in a traffic incident, leading to charges of aggravated assault and auto theft against an 18-year-old.

The use of weapons in crimes can be dangerous and they can turn arguments into years-long prison sentences and fights into homicides. And in an effort to cut down on the crime, lawmakers have boosted penalties against people convicted of committing gun crimes in Jacksonville and throughout Florida. These charges carry steep penalties that can include up to a life sentence in Florida, so consulting with an experienced Jacksonville Criminal Defense Attorney, who can defend the charges and seek a good resolution is imperative.

In this case, according to the newspaper, a white Acura cut off a truck on Busch Drive, leading the truck driver to yell out to the driver of the Acura that's how "accidents happen and people get hurt," according to sheriff's deputies.

According to investigators, the driver of the Acura pulled out a silver revolver and yelled back, "Oh, people gonna get hurt?"

When the victim saw the gun, he wrote down the license plate number and called police. Detectives found the Acura and trailed it after discovering it had been stolen. After the driver and passenger abandoned the car, officers tracked down the pair and arrested them, though a gun wasn't found. The unnamed passenger was also arrested on a charge of auto theft.

This is a disturbing case because authorities have charged a man with aggravated assault, which is a serious crime, despite no evidence he had a gun. The driver of the truck could have made up the part about the gun simply to get back at the driver he was mad at for cutting him off in traffic.

Now, an 18-year-old faces up to five years in prison, according to Florida Statute 784.021. Aggravated assault can mean beating someone with a deadly weapon or simply waving it around in an intimidating manner. In this case, it appears the charge comes from the latter definition.

In any aggravated assault charge, it is essential that the state prove the defendant was using or carrying a weapon and used it in an intimidating way. Without proof of a weapon, the charge becomes a simple assault, which is defined in Florida Statute 784.011. Under that law, it is a second-degree misdemeanor, which is much less serious.

In Florida there are ways prosecutors can enhance the possible penalties in any given crime if a weapon is involved and that's the way lawmakers have sought to end the problem of violent crimes. For that reason, immediately consulting with an experienced Jacksonville Criminal Defense Attorney is critical. Don't make a statement to detectives without first asking to speak with a lawyer, who can determine whether or not talking is a good idea.

Don't surrender any rights without first consulting with an attorney to determine the best course of action. These charges are serious and can put a person away in prison for years and sometimes decades. Don't take them lightly.

Continue reading "Gun Drawn in Jacksonville Traffic Incident Highlights Severity of Gun Charges" »

As a Jacksonville gun crime lawyer, I see people charged with many crimes involving weapons. Here are some gun crimes JSO can arrest you for:

1. Carrying Concealed Firearm, a third degree felony.

2. Open Carrying of a Firearm, a second degree misdemeanor.

3. Improper Exhibition of a Firearm, a first degree misdemeanor.

4. Discharging a Firearm in Public, a third degree felony. It will be upgraded to a second degree felony if the gunshot is within 1,000 feet of a person.

5. Possession of a Short-Barreled Rifle, a second degree felony.

6. Possession of a Firearm by a Convicted Felon, a second degree felony.

As a Jacksonville Criminal Defense Attorney, I deal with gun charges on a daily basis.

If you are arrested for possession of a firearm by a convicted felon, the state attorney has to prove several things. First, they have to prove beyond a reasonable doubt that you did in fact possess the gun. Possession can be actual or constructive. Actual possession is when you have the gun in your hands or on your person. Constructive possession is when the gun is under your control. For example, if the gun is under the driver's seat and you are the driver when no one else is in the car.

The prosecutor also has to prove that you are a felon. Specifically, the state has to prove the historical fact of a prior felony conviction and that felony was committed by you. Just having your name on the judgment and sentence is not enough. A judgment and sentence is a form that is generated whenever someone enters a plea or is convicted of a crime in Jacksonville. The form states whether or not the person was convicted, the sentence they received, and will usually have fingerprints. The state attorney usually proves identity by taking your fingerprints and compares them to the prints on the judgment and sentence.

There are many crimes in Jacksonville and all of Florida concerning guns. You can be arrested for carrying a concealed firearm, possession of a gun by a convicted felon, improper discharge, etc. Here are some definitions applicable to gun laws in Florida:

Firearm - any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. An antique gun is not considered a firearm unless it is used in the commission of a crime.

Machine Gun - a firearm that shoots more than one shot automatically by the single function of a trigger.

Short-Barreled Shotgun - a shotgun having a barrel less than 18 inches in length.

Short-Barreled Rifle - a rifle having a barrel less than 16 inches in length.

Weapon - any knife, brass knuckles, or device that is deadly, but is not a firearm.

If you are arrested on gun charges in Jacksonville and you have questions, contact a Jacksonville gun attorney.

It is common knowledge that convicted felons cannot possess guns in Florida. If found to have one, a felon can be arrested for possession of a firearm by a convicted felon. This is a second degree felony punishable for up to 15 years in prison. What people may not know is that it is the same punishment for possessing ammunition if you are a convicted felon.

In order to prove the crime of possession of ammunition by a convicted felon, the prosecutor mus prove that the defendant:

1. knew the ammunition was in his presence,

2. had the ability to maintain control of the ammunition, and

3. knew that it was illegal for him to have the ammunition.

If you are arrested for this felony in Jacksonville, a Drug Lawyer in Jacksonville can investigate the case further and make sure your rights are protected.

If you do not have a concealed weapons permit and carry a concealed gun on or around you, you can be arrested for a felony charge in Jacksonville. However, there is an exception to this law if you have the gun "securely encased" or otherwise not readily accessible for immediate use.

The key is to determine what securely encased means. Generally, you can have the gun in your glove compartment, snapped in a holster, in a hard or zippered gun case or in any container that has a lid that has to be opened.

Even though there are exceptions, the law is whatever the arresting officer thinks it is. Even though you may have the gun securely encased, you still can be arrested on gun charges in Jacksonville. A Jacksonville Gun Crime Lawyer can look into the gun charge to see if the officer made a valid arrest.