Jacksonville Criminal Attorney Blog

It is rare that prosecutors have mercy on defendants, but when an experienced Jacksonville criminal defense lawyer can point out mitigating evidence to show charges should be dropped or a sentence should be lighter, the defendant can benefit.

This is especially important in cases of juvenile crime in Jacksonville. Teenage defendants can see their entire lives be ruined with a conviction for a serious crime.

The juvenile criminal justice system is designed to rehabilitate and teach teenagers the consequences of their poor decisions in the hopes that they don't get in trouble in the future. The criminal justice system, in contrast, punishes. It doesn't put much stock in helping convicts in the future, but housing them in accordance with the sentence they receive from judges.

When teens are locked up with older criminals, it can hurt their future because they can learn things that hamper them from improving their lives. But the juvenile system allows for them to serve time with other juveniles, with counselors and in educational and working situations to take their minds off criminal activities and focus them on better behavior.

Cristian Fernandez, the famed 12-year-old murder defendant, is in a tough position. On the one hand, he's the youngest Jacksonville murder suspect in the city's history after being accused of slamming his 2-year-old half brother into a bookcase.

As the Jacksonville Criminal Attorney Blog has covered in the past, his mother is also charged in the case, accused of neglecting the care of the 2-year-old after the incident.

But in a recent interview, the prosecutor handling Cristian's case said that she doesn't intend for him to spend the rest of his life in prison, despite charging him with first-degree murder, which is punishable with a life sentence. The newspaper reports that a plea agreement is close and neither side expects a trial.

But the prosecutor stopped short of saying she would be going lenient on the boy murder defendant, saying that he should be punished for his alleged crime. The boy has suffered through years of abuse, having watched his stepfather commit suicide in Miami before the family moved north to Jacksonville.

He needs years of therapy and guidance in order to improve his life. What he doesn't need is 20 years in a prison where he essentially grows up and forms his opinion of right and wrong based on grown men who have made their choices and landed in prison.

Sometimes it takes a less-than-popular choice to do what is fair and just. The 2-year-old boy didn't deserve to die, but the 12-year-old obviously has some issues that need to be addressed and they won't be if he spends decades of his young, impressionable life spent in prison.

Continue reading "Cristian Fernandez Won't Get Life in Prison for Jacksonville Juvenile Murder" »

A recent ruling in the Georgia case of McFolley v. State shows why expert testimony can be so critical to any type of criminal case in Jacksonville.

This particular case was based on a felony murder and cruelty to children case where a man was charged in the death of a baby. Charges of murder in Jacksonville likely require expert witnesses. But there is an opportunity for experts in other types of cases as well, including sex crimes and computer-based crimes.

That's not to say that a Jacksonville criminal defense lawyer will employ an expert in every situation because they are expensive and sometimes can alienate the jury. But there are cases in which a well-placed expert witness can help the defendant dispute key evidence presented by the state and can be an asset to the defense in explaining certain aspects of the case.

This case was based on an appeal where the defendant believed that expert testimony by the state should have been objected to by his trial attorney. The expert testified the baby could not have accidentally died. The Georgia Supreme Court ruled that he didn't get ineffective assistance of counsel based on the non-objection.

In 2005, the man was indicted on charges of malice murder, felony murder and cruelty to children. His son died and authorities charged him with the death. The boy went into cardiac arrest and when paramedics arrived, the boy was nonresponsive. He died several days later.

Authorities concluded the boy had a skull fracture to the back of his head, hemorrhages in his retinas and bleeding on the brain. The medical examiner ruled the boy had been shaken and hit against a flat surface. The medical examiner ruled that the injuries couldn't have been the result of regular play.

To bolster its case, the state brought in a doctor who is an expert on Shaken Baby Syndrome. That witness testified that the child couldn't have been injured by a mere accidental fall, but that force was used.

On appeal, the defendant argued that his attorney should have objected to the expert testimony. But the Georgia Supreme Court ruled that especially considering the man had told police the baby had taken several spills in the weeks leading up to the death, the testimony was necessary to explain whether or not those falls could have contributed to the boy's death.

Cases involving the death of a child, or any death for that matter, can be highly emotional. Jurors must remain objective and decide the case based on the facts alone. But expert testimony used by the defense can often dispute key facts presented by the state.

In cases where there is a fundamental issue at hand that will decide the fate of the accused, an expert can provide doubt where the state's expert provides an idea of truth to the charges. Experts must be deemed so by the judge based on their experience, education and prior testimony in other courts on the issue at hand. Judges have the discretion to not deem a witness an expert if he or she doesn't show she is qualified.

Continue reading "McFolley v. State Highlights Importance of Expert Testimony in Jacksonville Defense" »

A recent case out of Daytona Beach shows why the mental capacity or possible retardation of a defendant is such an important piece of information in a Jacksonville murder case or other violent felony.

It is extremely important that if a defendant has mental problems they make their Jacksonville criminal defense lawyer aware as soon as possible. It is often noticeable in communication with a defendant that they may have a disability, which must be explored.

While it may not be possible for charges to be dropped based on a person's mental capacity, their ability to understand the court system and the penalties they face can lead to them being deemed incompetent to stand trial.

Also, it is unconstitutional for the state to execute a mentally retarded person, which means bringing up such evidence can keep a defendant alive even if they have been convicted of the most serious charge on the books.

In State v. Herring, the issue came down to an appeal of the defendant's conviction for armed robbery and first-degree murder.

A judge found that the defendant had established the first prong of the state's test for whether a person is mentally retarded -- significantly subaverage general intellectual functioning. On appeal, however, The Florida Supreme Court reversed the decision and denied the defendant's appeal.

In 1981, Herring shot and killed a convenience store clerk during a robbery. He was tried and convicted and was recommended to die by an 8-4 vote by the jury. He was 19 at the time and the judge found four aggravating factors -- legally defined reasons to support a death sentence -- vs. two mitigating factors -- reasons to avoid the death sentence.

After years of appeals, Herring's appellate attorneys brought up the issue of whether he is mentally retarded and therefore can't be executed. During a 2005 evidentiary hearing, mental health experts testified about his intellectual functioning.

While two state witnesses testified he did not qualify as being labeled mentally retarded, one defense witness did. Four IQ tests, taken from the ages of 11 to 42 were submitted and fell around the range of 70 to 75.

The judge vacated the death sentence, ruling that the defendant satisfied the three prongs of mental retardation according to the Florida Rules of Criminal Procedure and the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

They are:
-Significantly subaverage general intellectual functioning
-Deficits in adaptive behaviors
-Manifested before age 18

The state appealed and argued that to be considered to have "significantly subaverage general intellectual functioning" requires an IQ score of 70 or under. The Florida Supreme Court in its opinion agreed with state prosecutors and put the death penalty back in play.

Continue reading "State v. Herring Shows Why Mental Capacity, Retardation Key in Jacksonville Murder Cases" »

It's the type of thing that has journalists licking their lips -- a jailhouse letter received from a high-profile defendant.

Yet, it's the type of thing that makes a Jacksonville criminal defense attorney cringe. Defendants certainly have a right to do what they want, but they must also be smart about their situation and consider the years of experience their attorney has in giving them sound legal advice.

The court of public opinion can be a strong force, especially in heavily covered cases of murder in Jacksonville. Defendants often want to explain their side of the story. They see what is in newspapers and what is broadcast on television and don't want friends and family to think badly of them.

But what they must consider is that what a jury thinks of them and their case is much more important. If they say something to a jail inmate while awaiting trial or to a friend or neighbor while out on bond, it can be used against them. And certainly writing a letter to the local newspaper can be potentially devastating.

This happened recently in the case of a Jacksonville mother whose 2-year-old was beaten to death, allegedly by his half-brother while she was at home. Police have charged the 12-year-old with first-degree murder, the youngest such defendant in Jacksonville history, and the mother with aggravated manslaughter of a child. Prosecutors believe her negligence led to the boy's death.

Both she and her 12-year-old son are now in custody awaiting trial. The Florida Times-Union recently reported that the 25-year-old sent a letter to the newspaper. The letter is in response to stories the newspaper has written about the situation, in which police allege the woman put ice on the 2-year-old's head and researched concussions while the boy was dying. She allegedly waited two hours to get him professional care.

In the letter, the woman said the Florida Department of Children & Families knew that the 12-year-old had been abused by his father, who killed himself in front of the family months earlier in Miami. Yet, they were put on a waiting list for therapy that never came. Her 4- and 6-year-old children have been put up for adoption.

It appears the letter doesn't contain significant facts about the case, but rather the situation she finds herself in, sitting in a jail awaiting trial while her firstborn son does the same and she has no access to her other children.

But this can be a very dangerous situation for a defendant. Most in the public don't recognize that anything said or written can be used as evidence by the state. They can tape jailhouse phone calls and play them to a jury or use another inmate's testimony against the defendant. Prosecutors will go to extraordinary lengths to secure a conviction, especially in a case they know the entire city is following.

A defendant should follow the advice of their lawyer. Certainly there are times when going to the media can be to a client's advantage.. But without your lawyer, don't discuss your case in jail or even while awaiting trial if you are free on bail. It can come back to be used against you at trial.

Continue reading "Mother of Slain Son and Accused Murderer Contacts Jacksonville Newspaper" »

Perhaps the most commonly cited defense to a murder charge in police drama shows on television is self-defense. Many in the public consider it the perfect defense, yet it rarely is used in actual cases despite its seemingly perfect fit for a defendant in a murder case.

It seems simple -- you feared for your life and used force in order to not be injured yourself. But it is so infrequently used because the opportunity doesn't often present itself. But in Florida, under the Castle Doctrine and the Stand Your Ground laws, self-defense is applicable.

Unfortunately, though, law enforcement and prosecutors sometimes disregard the law and still slam people with serious charges such as murder in Jacksonville, requiring them to take the case to trial to allow the truth to be revealed.

An experienced Jacksonville Criminal Defense Attorney revels in the opportunity to get a client out of the charges and out of custody by using a self-defense theory at trial.

In Jacksonville recently, a homeowner heard glass breaking and took his shotgun and a flashlight to investigate. When he saw a person trying to break into his house, he fired, injuring a 16-year-old and 19-year-old, who were found with gunshot wounds at a nearby house, The Florida Times-Union reports.

While police haven't filed charges against the homeowner, in some cases, prosecutors would take a hard look at the homeowner in possibly filing charges, whether the burglary suspect died or not. Charges in that case could range from aggravated battery to attempted murder if the wrong prosecutor gets the file.

But under the two sets of laws, homeowners are allowed to protect their "castle" by using deadly force, if necessary. Under Stand Your Ground, a person can use force if he or she feels they were at risk for harm by someone else.

According to a recent article in the Sun Sentinel in Fort Lauderdale, many defendants are using Stand Your Ground, enacted in 2005, in an effort to get out of murder charges. The Florida Supreme Court has ruled that judges must evaluate a defendant's claim for protection under the law before trial and, if denied, defendants are still able to use the defense before a jury at trial.

Stand Your Ground gives added protection because, unlike the Castle Doctrine, it allows people to defend themselves in a car, on a boat or even walking down the street.

This is great news for someone who is attacked or whose home is broken into and fears for their safety. For those who face serious charges as a result of defending themselves, this may be a viable defense at trial. Jacksonville murder charges are serious and must be defended, using any legal means necessary.

Continue reading "Homeowner Defends Himself By Shooting Jacksonville Burglars in Self-Defense Case" »

Homerville police stopped a Jacksonville woman recently after she was driving erratically and they say she admitted to killing her husband, The Florida Times-Union reports.

When people hear the Miranda Warning that anything you say can and will be used against you in a court of law, it's true and this is a prime example. Statements made by suspects, especially someone accused of murder in Jacksonville are extremely important to the state's prosecution.

There are times when an experienced Jacksonville Criminal Defense Attorney may be able to keep those statements out of trial, but it depends on the circumstances. A bit of free advice -- if you are suspected of a crime, don't talk to authorities.

In this case, the woman was driving in Homerville when she was pulled over by police after they said she was driving erratically. Before they could stop her, though, she pulled to the side of the road.

She allegedly told the officer she was feeling faint and that she had killed her husband in Jacksonville. So, police there called the Jacksonville Sheriff's Office. When officers went to her house in the 1200 block of Peacefield Drive, they say they found a man dead of gunshot wounds. Inside the home, officers also found a gun.

This is probably a unique situation, since most people who are pulled over by police officers don't go on to admit they killed someone, but when people get nervous, some decide to talk to police. It's usually not the right choice.

When most of us were children, we would try to explain to authority figures -- our parents, teachers and other adults -- why we weren't guilty. We'd blame others, try to prove an alibi and whatever else it took to get out of trouble.

Adults are, in general, the same way. When many suspects get arrested, they believe they can talk their way out of a crime by simply explaining, or lying, to detectives. But police officers are smart and they are trained to detect when a person is lying. Therefore, this rarely works out. Police are legally allowed to lie and make up facts to confuse suspects, which can make talking your way out of a crime more difficult.

In fact, it usually ends up hurting the suspect in the long run. When a person is advised that what he or she says can be used against them in court, that means that a taped statement by detectives can be played to a jury at trial and will likely end up working against them. If a suspect keeps quiet, he or she usually has a better chance at having a successful outcome at trial because the police and prosecution will have all the pressure to prove the case on their own.

Continue reading "Police: Jacksonville Wife Admits to Killing Husband" »

A Jacksonville woman who faces an aggravated manslaughter charge in connection with her 2-year-old son's death may be able to go free to attend the boy's funeral, The Florida Times-Union is reporting.

The 25-year-old mother faces the charge after a 12-year-old slammed her 2-year-old into a bookcase in March, beating him to death. The aggravated manslaughter of a child charge in Jacksonville is based on allegations that she caused the death by covering up the fact that the toddler's leg was previously broken and leaving him in the care of the 12-year-old, who has a past history of violent outbursts, the newspaper reports.

Legally, aggravated manslaughter of a child means killing a person under 18 unlawfully and by culpable negligence. Prosecutors are seeking to prove she failed to provide the boy with care, supervision and services necessary to maintain the boy's health, according to Florida Statutes 782.07.

Offenses involving children are always heartbreaking. But, like any charge, the allegations must be proven beyond all reasonable doubt, not just written about in the newspapers, broadcast on television news or blogged about on websites.

This particular case has been a particularly high-profile incident, with the news media covering just about every step of the proceedings. So, the question remains -- can either the 12-year-old or the boy's mother receive a fair trial.

In this news story, the newspaper is reporting on the fact that the woman's attorney has asked that she be allowed to attend her son's funeral. Thus far, the prosecutor and judge have not opposed the motion, but the woman would have to pay for the Jacksonville Sheriff's Office to escort her to the service.

She wouldn't be allowed to talk to anyone or touch anyone and she would be forced to wear shackles and a jail jumpsuit. Certainly, it would be embarrassing and even more saddening for the woman if she can't afford to go.

Certainly, this case has gotten the public talking. So much so, that a judge has issued a gag order in the case, the newspaper reported, because of the intense media attention. Gag orders mean the attorneys aren't allowed to talk to the media about the case and such orders are reserved for only the most high-profile cases that get the highest amount of media attention.

The 12-year-old who faces the first-degree murder charge is the youngest person in Jacksonville history to face such a serious charge and ranks among the youngest nationwide. Both the charges against the mother and the boy are extremely serious and must be fought hard. Both are first-degree felonies that could keep either in prison for a very long time. A first-degree felony in Florida is punishable by 30 years to life in prison, meaning the defense should be as aggressive as possible in order to ensure their rights are protected.

Continue reading "Jacksonville Mom Charged in Son's Death May Be Able to Attend Funeral" »

A recent argument ended in a 46-year-old being shot to death and the Jacksonville Sheriff's Office arresting a 54-year-old transient, The Florida Times-Union reports.

Murder charges in Jacksonville carry the most serious penalties and therefore must be defended the most aggressively. And while television crime shows make a murder investigation look easy, they are very complex and there are many factors that must be considered.

An experienced and aggressive Jacksonville Criminal Defense Attorney must be brought in on these types of cases in order to ensure a defendant gets the best possible representation.

In this case, the 54-year-old transient faces a charge of murder. According to the newspaper's account, authorities don't know why the victim and, allegedly, the suspect got into an argument at the man's home on Moncrief Road.

Witnesses reported hearing several gunshots and then saw a man with a gun in his hand walk away quickly, police said. Detectives believe the two got into an argument and then the man returned and shot the victim to death.

The homeless man has a criminal record in Jacksonville dating back 25 years. Among the charges is a 1996 arrest on charges of murder and accessory after the fact. But the murder charge was dropped and he was sentenced to five years in prison on the accessory after the fact charge.

The article doesn't state how witnesses were able to identify this man as the shooter. Police found him the next day, which probably wasn't difficult because most transients frequent the same area over and over and police on patrol typically know where they stay.

But there's nothing to indicate how the men knew each other, how a homeless man would have a gun and why police believe this man committed the crime. There are a lot of holes that must be filled in.

And that is sometimes the big hurdle for prosecutors. Police sometimes make a quick arrest and leave the state in a tough position. Do they go ahead with charges and put a person's liberty on the line or do they drop charges and risk public outcry that sometimes comes with that? State Attorneys are elected and politics do play a role in these decisions, whether that is said or not.

And that shouldn't be the case. Prosecutors should bring charges that they can prove, not what they hope they can prove despite having little or no proof. And while it's frustrating that good people get charged, it's good to know that dedicated Jacksonville Criminal Defense Attorneys are available to defend people from the allegations.

Too many times, people try to defend themselves or don't do research an attorney and end up paying for it. A good lawyer will research the facts, the law, file motions, aggressively question the state's case and prepare a solid defense at trial. For murder charges in Jacksonville, an attorney can do nothing less.

Continue reading "Homeless Man Arrested in Connection With Jacksonville Murder" »

DNA evidence has allegedly linked a man to the scene of his wife's death, The St. Augustine Record is reporting.

DNA is a very complex tool used by law enforcement ; the public often doesn't understand just how in-depth this science is. Television shows like CSI and Law & Order simplify the use of DNA by law enforcement so the general public can still stay engaged. But DNA use, especially in a Jacksonville Murder case, is much more difficult to understand and explain. In the hands of a proper defense, it's also not as damaging for the defendant as it seems on television.

An experienced and well-versed Jacksonville Criminal Defense Lawyer is able to sort through the DNA reports that law enforcement get from the state-funded laboratories and even hire experts who can analyze the data and testify about whether the DNA really is a match to the defendant.

According to the newspaper's account, a 42-year-old from Jacksonville has been charged with killing his 35-year-old estranged wife. Detectives say she was shot to death.

The newspaper cites deputies' records, which state that "following the execution of several search warrants and the results of DNA testing," the man was arrested and charged with the crime. Officials wouldn't discuss the nature of the DNA evidence nor the search warrants. Keep in mind it would not be unusual to find a husband's DNA on or about the wife.

When officials found the body, deputies determined she had been shot several times and had other trauma, which officials haven't released details about. She later died at a local hospital. A medical examiner ruled that the cause of death was blood loss from injuries that included gun shots, stab wounds and blunt force trauma.

The case, it appears from the autopsy results, was very brutal. It's likely that the scene was very messy, which means investigators could easily have contaminated the scene. When law enforcement officers get to a scene, their first reaction is to make sure there is no danger. Then, they call in rescue workers if they find a victim. Throughout this activity, evidence is trashed and the scene is contaminated. People are walking in and out, touching things and causing problems for the prosecution, though that's not their first responsibility.

By the time crime scene investigators get on the scene to document everything and take samples, they may be working with a scene that has far less value for the state's case. And in the case of domestic violence in Jacksonville, police are always going to first look to an ex-spouse as a suspect, regardless of whether any evidence actually moves them in that direction.

Continue reading "DNA Evidence Cited in St. Johns County Domestic Violence Homicide" »

A 39-year-old Jacksonville man faces a murder charge after he allegedly crashed his truck into a barrier on Interstate 95 in Jacksonville, The Florida Times-Union reports.

The charge stems from an allegation that he killed a woman he was sharing a home with.

Murder charges in Jacksonville require an attorney with extensive experience handling these kinds of cases because a person's liberty, and possibly their life, is at stake. An experienced Jacksonville Criminal Defense Lawyer must be consulted and used on a case of this magnitude.

According to the news article, a 61-year-old woman was found dead by her daughter recently. Police said there were no signs of forced entry into the home.

The man was arrested by authorities after he allegedly drove a truck into a barrier on the highway. Police said he went into medical distress during police questioning after his alleged use of Fentanyl patches. He was taken the hospital and later re-questioned. For the alleged driving under the influence, he was charged. He also faces a charge of murder.

The article, however, doesn't make clear why police believe the woman was killed by another person and why they believe this man committed the crime. The article states the two lived together, but that isn't proof he did the act.

The fact that there were no signs of forced entry doesn't necessarily show that this suspect committed the crime, either. It's possible the woman was at home and let inside someone else she trusted. Additional details might make clear why investigators narrowed their search solely to the woman's roommate.

What's left unsaid in the article is what the defendant may have told police during questioning. It is important for anyone who is a suspect in a crime or has been arrested and charged with a crime not to speak with police without first talking with an attorney.

Courts have ruled that police are allowed to lie to suspects. They can say they have evidence they don't; they can tell suspects they have three witnesses who saw the person around the crime scene when they have nothing and they can say a co-defendant fingered them when they haven't.

A detective's goal isn't to make friends with a suspect or treat them fairly. The detective's only goal is to get a confession. His or her job depends on it and they constantly get pressure from their bosses, especially in a murder case. So, the best advice for someone who finds themselves sitting in a small room at a desk in police headquarters with two officers is not to sign a waiver of rights and simply say they aren't speaking until they get a lawyer.

Continue reading "DUI Arrest in Jacksonville Leads to Murder Charge" »

A 20-year-old was recently arrested in connection with a stabbing that followed an argument at a party, The Florida Times-Union reports.

Weapons charges in Jacksonville, especially those that end in homicide, are among the crimes with the most severe penalties on the books because Florida lawmakers have gone out of their way to increase the penalties year after year. It makes good political sense to increase penalties to crimes because it gets voters -- and financial backers -- on their side.

Under the state's 10-20-Life law, which was promised in the campaign of former Governor Jeb Bush, penalties for crimes involving guns now require long mandatory prison sentences. And while the law doesn't apply to knives, other laws have gone into place since that require mandatory sentences and increased penalties for weapons-based offenses. That's why an experienced Jacksonville Criminal Defense Attorney must be consulted in order to protect the defendant's rights and in order to seek justice.

According to the news report, authorities were called around 3 a.m. recently to the corner of North Jackson Avenue and Texas Street, where they found a 21-year-old man inside a truck. They say he had backed the truck down a driveway 100 feet and into a fence.

The victim was rushed to the hospital, but he died. It's unclear whether he was stabbed inside the vehicle or before. A 20-year-old was arrested and charged in connection with the death, the newspaper reports. A second person was taken tot he hospital, but was treated and released, the report states.

The news report doesn't provide details about the relationship between the victim and the suspect, how police determined the suspect was involved and whether there are any witness accounts that backup the claim by police.

Murder is the most serious charge in the state of Florida and is punished as such. Someone convicted of first-degree murder can be punished with death by lethal injection. Even a second-degree murder conviction can result in a prison sentence of 30 years to life. A conviction for manslaughter -- an unintentional killing -- is punishable by up to 15 years in prison. All of these various degrees of homicide are defined in Florida Statutes Chapter 782.

But even if a person doesn't die during a fight where a weapon is used, the suspect can face serious, life-altering penalties. According to Florida Statute 784.045, aggravated battery is striking someone and causing great bodily harm, disfigurement or disability or by using a deadly weapon.

If convicted of aggravated battery in Jacksonville, a person can be sentenced to up to 15 years in prison for the second-degree felony. A knife, along with a gun, baseball bat and even perhaps a heavy boot if a person is continually kicked, is considered a deadly weapon.

Continue reading "Stabbing at Party Turns Fatal; 20-Year-Old Charged With Murder in Jacksonville" »

A 12 year-old boy has been arrested and charged with premeditated first-degree murder in Jacksonville. Christian Fernandez is accused of beating his brother, David, to death. David was two years-old.

In Jacksonville and all of Florida, before a child (juvenile) under 14 years-old can be charged as an adult, the state attorney's office has to obtain an indictment from a grand jury. That means the prosecutor's office has to present the evidence they have to a panel of citizens and the grand jury members decide whether or not to charge the child. The process of treating a child as an adult in criminal court is called "direct file". If the juvenile is over 14 years-old, the state attorney's office has the sole discretion to direct file the child.

Fernandez faces life in prison if he is convicted of first-degree murder. According to police, his brother, David, sustained a skull fracture, subdural hemorrage, subdural hematoma, bruising on his left eye, and bruising on the bridge of his nose. JSO interviewed the boy and claimed he admitted to shoving David into a bookshelf two times. They also claim Fernandez said he broke David's leg in January.

Fernandez's mother, Biannela Susana, was also arrested in Jacksonville. She is charged with Aggravated Manslaughter of a Child, which is a first degree felony. The state attorney's office would have to prove that Susana unlawfully, by culpable negligence, caused the death of someone under 18 years-old. They have to prove she failed to provide David with care, supervision, and services necessary to maintain the child's physical and mental health, including but not limited to food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child. Authorities claim Susana, when initially interviewed about David's injuries, told them she was at home in the kitchen when the injuries occurred. Later, she said she was not home at the time and when she arrived home, Christian told her David fell off a bunk bed. JSO also claims Susana waited two hours before taking David to the hospital and never called 911.

In January, David had a broken leg and Susana told authorities he fell off a jungle gym. Later, she said Christian broke David's leg while the two boys were wrestling.

In movies and on television, we hear the words "premeditated murder" on a daily basis. What exactly does "premeditation" mean?

In Florida, in order to convict someone of first degree murder, the state has to prove that the killing of a human being was perpetrated from a premeditated design to effect the death of the person killed. The essential element distinguishing 1st degree murder from 2nd degree murder is premeditation.

Premeditation can be formed in a moment and has to only exist long enough for the accused to be conscious of the nature of the act he or she is about to commit and the probable result of the act. Premeditation can occur a second before the intentional killing. Under Florida law, there are factors to consider when determining whether or not the killing was premeditated. They are:

1. the nature of the weapon used
2. the presence or absence of provocation
3. prior disputes between the parties
4. the way in which the killing was committed
5. the type of wounds inflicted

The murder rate is high in Jacksonville and when people are arrested for homicide, the state attorney's office has a decision to make. They have the very powerful decision of whether or not to seek the death penalty. If the state attorney decides to seek the death penalty, a "death qualified" lawyer must represent the accused. These cases are extremely expensive and the families of the accused generally cannot afford the representation. The public defender's office is appointed to these cases and in the event there is a conflict, there are other criminal defense lawyers in Jacksonville who are appointed.

The state of Florida has set minimum standards criminal defense lawyers in Jacksonville and all of Florida must have in these cases. A capital case is a 1st degree murder case where the state is seeking death. Jacksonville has a list of death qualified criminal attorneys who accept court appointments. The lead lawyer in these cases must be a member of the Florida Bar, has at least 5 years criminal law trial experience, has been lead counsel in at least 9 serious and complex jury trials, sat as co-counsel in at least 2 death penalty cases, has been lead counsel in at least 3 murder cases.

The Jacksonville defense attorney must also be familiar with the procedures of Jacksonville courts, is familiar with using and questioning expert witnesses, has attended 12 hours of continuing legal education focused on defending death cases, and must demonstrate competence in these cases.

If you kill someone in Florida, it is excused under certain circumstances. They are:

1. When it is committed by accident when doing a lawful act while using ordinary caution without illegal intent.

2. When the killing happens by accident in the heat of passion with sudden provocation.

3. When the killing is committed by accident as a result of sudden combat if a dangerous weapon is not used.

An excusable homicide is different than justifiable homicide. Justifiable homicide is a killing that is done while resisting an attempt to murder you or resisting a felony in your home.

To convict someone of premeditated first degree murder in Florida, the prosecutor must prove several elements. The elements are:

1. The victim is dead.

2. The death was caused by the criminal act of the suspect.

3. The killing was premeditated.

Premeditated killing is when you kill someone after making the conscious decision to do so. You must have the intent to kill at the time of the killing. The time between your decision and the killing has to be long enough for you to reflect.

Whether or not the murder was premeditated is up to a criminal jury.

In Florida, capital felonies are punishable by death or life in prison. Capital felonies in Florida are restricted to murder cases.

Capital Murder is the unlawful killing of a person

1. which is premeditated. That means you kill someone after consciously deciding to do it. The decision must be in your mind at the time of the killing.

2. when the murder was committed, you were involved in

a. Trafficking drugs
b. Arson
c. Sexual Battery
d. Robbery
e. Burglary
f. Kidnapping
g. Escape
h. Aggravated child abuse
i. Aggravated abuse of an elderly person
j. Airplane Piracy
k. Unlawful throwing, discharging, or placing of a bomb
l. Carjacking
m. Home invasion robbery
n. Aggravated Stalking
o. Resisting an Officer with violence

If you have any questions about criminal charges in Jacksonville, call our Jacksonville Criminal Lawyers at (904) 634-0900.