Jacksonville Criminal Attorney Blog

New court paperwork reveals that prosecutors have unlocked a great deal more information from Trayvon Martin's cellphone, including satellite-tracking information that shows where it was in the days leading up to his shooting, making many wonder if it also lays out the teenager's movements Feb. 26 — the day Trayvon was shot and killed by George Zimmerman. Zimmerman was originally arrested for his involvement in the shooting death of Trayvon Martin. Zimmerman allegedly killed Martin in self-defense, and as a result, is pleading the controversial defense of the stand your ground law, which will see some rocky roads ahead. The trial is currently set for June 10.

One who has been charged with committing a crime must plan a proper defense for trial. In order to ensure that this goal is accomplished, one must be aware of everything that might be used against one in the government’s possession. One has the legal right to have access to many types of evidence before trial.

Discovery is the procedure of exchanging information between the prosecutor and defendant, more likely defense counsel, in pre-trial criminal proceedings. Once the defendant is charged with a crime, the court sets the time for when a request for discovery can be made. The defendant can then make a motion for information. The State must then disclose the information requested by the defendant.

An experienced Jacksonville criminal defense attorney will know what to request and what evidence will be key to one’s proper defense. Key evidence may include alibi witness statements, DNA samples, co-defendant statements, and in some cases, drugs or paraphernalia essential to proving the crime. Failure to comply with a valid discovery request may lead to sanctions or exclusion of witnesses at trial. However, work product, which is material that reflects an attorney's impressions, conclusions, opinions, or legal research or theories, is exempt from discovery admission.

A police officer has the right to search open containers on one’s person. Sometimes, those accused of a crime may think that a cell phone does not fall under this category and thus may not be searched or the contents used to incriminate oneself. However, According to the 5th Circuit in Florida v. Ricardo Glasco, a cell phone will now be viewed in the same way as any other open container, as it is a case that may hold within it evidence of a crime. Remember, all evidence is important evidence.

The State Attorney has a continuing duty to disclose evidence after a request for disclosure has been made. It must promptly disclose additional evidence whenever it discovers it, even during trial.Many times, a motion to suppress evidence is the only thing that forces law enforcement to adhere to the Constitution, by making sure that if the search is not done correctly, the evidence will excluded, leaving the State with no case. If one obtains an experienced Jacksonville criminal defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

Continue reading "New Cell-phone Evidence In Trayvon Martin Case Might Show Trayvon’s Martin’s Last Movements" »

Florida Man Wanted For Murder Gunned Down By Police Serving Warrant
Jacksonville’s citizens get angry sometimes and say things they should not say. Other times, they do things out of anger that are illegal. However, a person is not guilty just because they have been charged with a crime. Unfortunately for many, the process the State uses to prove guilt is not always fair. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure that one’s rights and defense are known and protected.

According to the Cape Coral Daily Breeze, Billy Ray Retherford of North Fort Myers was gunned down by police outside his home. The shooting occurred after Lee County Police attempted to serve a warrant on Retherford in connection with the murder of a Fort Myers woman. Retherford was armed and confronted police, who subsequently shot him.

Jacksonville felony violent crimes cases typically involve someone who has made a serious mistake because of a temporary lapse in judgment. However, just because one made a mistake, does not mean that one must suffer the maximum punishment for the crime, particularly when one is remorseful. However, many accused parties do not know how to seek any avenues of relief that one might take, and suffer the harsh punishments rendered.

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

Many times in Jacksonville, an accused party may have received word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; however, eventually the police will find one, no matter how long they have been on the run. Unfortunately, many Judges may feel no sympathy when punishing one with an outstanding warrant.

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

Many times, people accused of violent crimes think that the police will not be able to find them and will eventually give up the search. In this case, if Retherford was guilty of the murder he was accused of, he probably knew that a warrant was out for his arrest. If so, Retherford should have obtained an experienced attorney to recall the warrant and turn himself in, allowing him to stand trial and have his defense mounted for him in court by an attorney, rather than stand gunfire from police and a tragic death.

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

Continue reading "Florida Man Wanted For Murder Gunned Down By Police Serving Warrant" »

Jacksonville’s citizens many times make mistakes that will cause them to spend some time within the legal system. However, one’s stay should not be worsened because one cannot pay one’s own bond so one can speak to an attorney outside of jail. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to the Florida Times-Union, George Zimmerman’s bond has been revoked. Zimmerman was charged with second-degree murder in the shooting death of 17-year-old Trayvon Martin. Circuit Judge Kenneth Lester, presiding over Zimmerman’s bond hearing, stated that Zimmerman and his wife lied to the court about how much money was available at the time the bond hearing was set, and as a result, received a much lower bond.

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

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

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

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

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

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

Jacksonville’s citizens get angry sometimes and say things they should not say. Other times, they commit actions out of anger that are illegal. However, a person is not guilty just because they have been charged with a crime. Unfortunately for many, the process the State uses to prove guilt is not always fair. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure that one’s rights and defense are known and protected.

According to the Florida Times-Union, Kishon Larhame Birch of Jacksonville has been charged with the murder of Birch’s girlfriend, Rolanda Michelle Harrell. The murder was said to have occurred at their apartment, when Birch slammed Harrell against kitchen appliances and then beat her to death. Police say Harrell’s two young daughters and son were in the apartment.

Jacksonville felony violent crimes typically involve some action on the part of the accused which causes unwanted physical harm or death. Unfortunately, many of these actions are not thought out, nor are they wanted after the fact. However, many accused parties do not feel that a mental state such as anger to be important to their case. On the contrary, a picture of the mental state of the accused or the perceived mental state that a State prosecutor might paint for a jury is crucial in determining whether a jury will be swayed to believe that one is either guilty or innocent.

Many times in the legal system, the State will gather testimony from any and all parties involved, directly or indirectly with the crime in question and use that testimony to show guilt. However, much of that testimony may be skewed or altered by the time that the jury first hears it. Unfortunately for many that will face this sort of altered testimony against them, the odds of being able to show that error or disprove an alleged witness will be a tough battle to fight on one’s own.

In this case, the first red flag in testimony gathering will be the testimony of the deceased’s children. Children are very impressionable and simply unaware of the weight of their statements to police, the State and any other official that might be involved in a court proceeding. Furthermore, as much as most would like to think that children do not have the intent to lie under their free will, the reality is that children could be given incentives to say certain things that they would not have otherwise.

From what can be seen from the facts, all of the children witnessing the event were under seven years old and as such, probably do not have the ability to properly or accurately describe what actually happened. At such a young age, a loaded or leading question to a small child might provoke an incorrect or inaccurate response, but a response that the State will attempt to use against the accused. What is even more unfortunate for the accused is that if the case goes to trial, the State will put the children on the stand to testify before a jury with this most likely inaccurate testimony.

Many times, the accused will face testimony and evidence hurdles that seem too tall to jump over. However, if one obtains an experienced Jacksonville felony violent crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected, one can be sure that one will not fall victim to the State’s attempt to use misleading statements against one in one’s case.

Continue reading "Jacksonville Man Accused of Killing Girlfriend In Front of Children" »

Jacksonville’s legal process starts very quickly, leaving the slow to be eaten by the harsh process of the criminal system. However, if one follows a few simple steps towards a better future in one’s road ahead, one will stay away from being mauled by an overly-aggressive process who is abusing the system. One in this situation should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, George Zimmerman has been released on $150,000 bail in Seminole County. Zimmerman was originally arrested for his involvement in the shooting death of Trayvon Martin. Zimmerman allegedly killed Martin in self-defense, and as a result, is pleading the controversial defense of the stand your ground law, which will see some rocky roads ahead.

Jacksonville felony violent crimes may vary in type of harm as well as venue, but when the person accused of such a crime begins first steps into the criminal system, the crime becomes very similar in process, and thus is very important no matter what offense one is charged with. If one knows one’s options and allows for consideration of all options, one’s choice will be the best and most well laid plan for a better future free from the criminal justice system.

Many times in Jacksonville, the accused is scared of the thought of being in jail and just wants to go back home. Some of these people immediately make bail and run as far away from the legal system as possible. This may seem like the best idea at the time; however, the consequences of the action after it has been done can sometimes be hard to take back. In a situation like this, running away after posting bail can be the worst mistake in a case.

Sometimes, depending on the circumstances surrounding the case, one’s attorney can have one released on one’s own recognizance. Being released on one’s own recognizance means that the court will release one without imposing bail costs for release, on the promise that one will appear to all court proceedings one is involved in, and that one will cooperate with the court.

In this case, Zimmerman’s attorney as well as opposing counsel and the judge had to assess whether to first allow Zimmerman to leave police custody, as he might be a flight risk, and furthermore, the amount of money that would be reasonable for Zimmerman to be released. However, in many situations, it might be a safer idea to rest easier in jail knowing that one has at least some manner of police protection, especially in a high-profile crime such as this.

Many times, the minute one’s bail is set, one rushes to the bail bondsman’s office to be released from police custody, as any smart individual would. However, one should not hesitate on the next and most crucial step to a proper defense. One should obtain an experienced Jacksonville felony violent crimes defense attorney to fight for one’s case and ensure one’s rights are protected.

Continue reading "George Zimmerman Released On Bail In Florida Murder Case" »

Jacksonville’s citizens have many problems within their lives that bog them down, depress them and cause them to sometimes go insane. Unfortunately, actions typically occur during that period of insanity that might be subject to criminal prosecution. If one has been in a situation like this and believes they were not in the right mental state, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Verna McClain is charged with capital murder in the shooting death of Kala Marie Golden. The murder was said to have occurred over a child kidnapping, resulting in McClain shooting Golden multiple times and driving away in her car. McClain was said to have recently suffered a miscarriage and wanted a baby no matter what the cost. She has sense turned herself in and confessed.

Jacksonville felony violent crimes typically involve some sort of anger, rage or mind-altering emotion or state that would make one not aware of the consequences of one’s actions, or makes them think that their actions are right and thus they are justified in the action. Unfortunately, this state does lead to serious harm and death if the individual cannot cope with the situation.

Under Florida Statute 775.027, the defense of insanity allows for the accused to show the court that at the time the crime was said to occur, the accused was suffering a mental infirmity that caused the accused to not know the consequences of one’s actions and that one’s actions were wrong. This defense is particularly notable in this case because McClain was recently mourning the death of her unborn child.

A perfectly normal person of a reasonable mind may still have tendencies toward the insane, particularly when a traumatic event such as a close death or a car accident. No matter what the particular circumstance surrounding the event, if the person is truly insane during the period of the crime, then that person will have to show that something caused this mental infirmity and that the infirmity caused them to not think about their actions.

In this case, it is easy to see from very few facts that McClain was suffering from the death of her unborn child, decided to give in to her ideas of obtaining a child through kidnapping, and the first child that she happened to see caused her to snap and become violent. Her insanity was temporary, because after the crime was committed, she realized what she did was wrong and turned herself in. Her showing of recognizance by turning herself in further shows that actions like her deathly behavior was not normal for her, suggesting a brief period of insanity.

Many times, people go through with actions that they would not normally ever think of doing because of altered states of mental acuity. When this happens, things said, acts done, and effects rendered can leave the accused what seems like a very rough position with no way out. However, if one obtains an experienced Jacksonville felony violent crimes defense attorney to fight for one’s case, one can ensure one’s rights will be known and protected.

Continue reading "What Insanity Plea Means For Jacksonville and Texas Woman in Child Kidnapping/Murder Case" »

Jacksonville’s citizens like to have fun, but like most, when alcohol is involved, the risks of harm are increased considerably. Unfortunately, when intoxicated people get behind the wheel of a car, someone else may suffer a life-changing injury. However, all is not lost for the person responsible for the crime. One in a situation like should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to the Florida Times-Union, Francisco Jose Mendez of St. Augustine has been charged with DUI-manslaughter in the death of Justin David Reif in Jacksonville Beach. The crime allegedly occurred as a hit-and-run incident, when Mendez was driving down the road, striking the victim with his car. Mendez was stopped by police 14 miles away from the scene and was subsequently arrested.

Jacksonville DUI crimes involve someone who has had too much to drink, and yet, feels like they are good enough to drive. However, the consequences of that action can be horrible, especially for the people involved in a situation such as a DUI coupled with manslaughter. For the person accused of the crime, this can also mean a significant amount of time in prison.

Under Florida Statute 782.071, vehicular homicide is a first degree felony punishable by up to 30 years in prison. However, the agony one faces at the hands of the court system can begin much sooner than the time that one enters jail. The very nature of court proceedings can be very trying on someone accused of such a crime, who shudders at the thought that they might have done something like this.

The police and the State will attempt to sway one into submission and cooperate. Many times, even if guilt is obvious, the authorities will still try to coax the accused into saying more incriminating statements that will yield more unfavorable results. However, one should not say anything to the police, friends, family or anyone else other than an experienced Jacksonville DUI manslaughter defense attorney who will fight for your case and ensure that your rights are protected.

One in a situation like this will face much opposition in the legal system, from angry prosecutors to cops who have a score to settle and the accused happens to be the victim. However, one’s experienced attorney will be one’s advocate and protector in one’s fight for a better future. In a hard-pressed battle to prove that the act done was not intentional and that one is truly remorseful, the only person who can be sure to provide one the best defense possible is one’s lawyer.

Continue reading "Florida Man Arrested in DUI-Manslaughter in Jacksonville Beach" »

Throughout Jacksonville, as well as other areas across the nation, there are crimes that go unsolved. Robberies, murders, and other crimes go unpunished and the perpetrator not found, leaving the victim and family of the victim without relief. However, when one of these older unsolved crimes is brought before the court, there is a much greater margin for bad and tainted evidence. However, if one obtains an experienced attorney to fight for one’s case, one can be sure that one’s rights are protected and that one will not be punished because of old and unusual evidence.

According to the Florida Times-Union, Craig Lester Thrift of Ware County, Georgia, has been charged with first degree murder in connection with the 21-year-old disappearance of Thrift’s first cousin Terry Rouse. The charge came after alleged “repeated admissions” by Thrift to members of the Ware County community that he had killed Rouse because of an affair Rouse was having with Thrift’s wife. Rouse’s body has yet to be found.

Murder crimes in Jacksonville as well as everywhere else in the United States require a burden of proof beyond a reasonable doubt. That means that the prosecutor has to prove for almost a 100% certainty that the person accused of the crime committed that crime and that there is no possibility that someone else could have committed the crime but the accused. However, that proof becomes very hard to come by, particularly when the crime was said to have occurred 21 years ago.

Thrift was charged with first-degree murder, which is punishable by up to life imprisonment or the death penalty, if the prosecutor seeks that punishment. This is a serious punishment for someone to be accused of, particularly when the time frame for such a crime is long. When crimes go unsolved, the evidence needed and required for a conviction is possibly old, tainted or even absent. This leaves holes in the case that a prosecutor simply cannot maneuver around.

In this case, the evidence that the police found is very slim. Rouse’s car was found running and out of gas on the side of the road in the Okefenokee swamp. Rouse’s body was never found, and only testimony from the community is available to show that Thrifty was in fact the killer. What evidence is available in the case was most likely not preserved properly, and therefore DNA evidence will probably be absent. This is not and should not be enough to convict a man and send him to jail for possibly the rest of his life.

Many times in Jacksonville and other areas, the accused will be subjected to a process in which accusations are thrown around without any backing by which the prosecution can prove that the accused actually did the crime. Fortunately, if one has been accused of such a crime, one should obtain an experienced Jacksonville murder crimes defense attorney to fight for one’s case and ensure one’s rights are protected. One should not risk being subjected to and incarcerated by a prosecutor who does not have the evidence to prove that one committed the crime.

Continue reading "Georgia Man Arrested In Connection With 21-Year-Old Unsolved Murder" »

Jacksonville’s elderly are some of the wisest of our individuals in the city. However, age brings more than just wisdom. Unfortunately for some, wisdom is coupled with illnesses and ailments that make one’s mind not as able to reason as it could in years before. However, when these illnesses cause one to make a decision not of their own volition, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Amanda Celestine Rice Stevenson, a 96-year-old woman from St. Augustine, has been found incompetent to stand trial in the shooting death of her nephew Johnny Rice. The charge came after an ongoing dispute ended in Stevenson allegedly shooting Rice in the chest with a .357-caliber handgun. A hearing has been set to determine where Stevenson will be placed if she will never be able to competently stand trial.

Jacksonville felony violent crimes are typically crimes of passion, based on a lack of reason that a normal calm objective individual would have. However, that reason can be stripped from an individual without any control on their own. Illnesses such as Alzheimer’s, Dementia, and other untreatable mental ailments can cause someone to not know what they are doing. However, an illness such as this would provide someone with an invaluable defense: incompetency.

Competency in the law is a major issue that will determine whether a person can stand trial and subsequently being sentenced as a sane individual. One is declared incompetent in a legal proceeding when one is not able to comprehend the nature or consequences of the legal proceeding and is not able to help one’s attorney with one’s defense. A person diagnosed with a debilitating disease such as dementia or other mental illness can be considered incompetent in a legal proceeding.

If one’s self as well as one’s attorney believes that the best course of action for one’s case is to be declared incompetent by the Court, there are certain hurdles that will have to be crossed. One’s attorney will first file a motion for a competency hearing, then obtain a psychological or psychiatric evaluation, and then finally stand for the competency hearing. At that point, if the Judge presiding over the competency hearing believes one to be incompetent, one will be committed to a hospital for no more than four months, to make sure that competency can
be restored.

Many times, the State will attempt to prove that an individual who sincerely had no knowledge, ability or understanding of their actions to be completely sane, and thus hammer the accused for a crime that they did not mean to commit. However, if one obtains an experienced Jacksonville felony violent crimes attorney to fight for one’s case, one can ensure that one’s defenses will be known and used to mount the best defense possible to fight one’s charge and make sure that one will have the best outcome.

In Stevenson’s case, it is not hard to prove that she was incompetent to stand trial because of her age and other factors that would influence her mental capacity that her attorney would have had to show the court to prove incompetency. However, if the mental hospital can improve her, the Prosecutor responsible for her case could in fact lock a 96-year-old woman up in jail for the remainder her few years. One should not let this happen in one’s own case.

Continue reading "96-Year-Old Woman Declared Incompetent To Stand Trial in Jacksonville Area Shooting Case" »

Jacksonville’s teenagers take chances every day, be it in the economy, relationships, and other activities. However, those chances can have major consequences, consequences that could vastly change one’s life both personally and within the legal system. However, if one obtains an experienced attorney to fight for one’s case, one can be sure that one will have the best defense possible to the crime committed.

According to the Florida Times-Union, 18-year-old Dequan Taji Dodson has been sentenced to 45 years in prison for fatally shooting of B. Barrington Jevon Nickerson II. This sentencing comes after the Dodson was charged and convicted of shooting Nickerson over a $10 bet he made during a dice game at an empty house on the Westside.

Jacksonville murder crimes tend to be some of the more emotionally driven crimes in our society. These crimes are committed because something that person wanted did not go they wanted it to, and cannot handle the defeat of their wants and desires. Take that deeply and powerfully driven emotion and combine it with financial pressures of today’s economy, and you have a recipe for disaster.

Second degree murder is a first degree felony which a person can serve up to life imprisonment for. This is a very serious punishment that is not often sought by prosecutors. However, this is a crime that often receives many times a very substantial punishment. The system allows for harsh punishment; that does not mean that harsh punishment must be imposed.

Prosecutors, post-conviction, will try to bring out factors that show that the accused has intended the crime, had reckless disregard for human life, and bring out any other factors that would help the accused receive more time for their crime. Many times, these factors are present and show very convincingly that the accused is a horrible individual who should never be let out of prison ever again. However, this is not always the case.

Many times, people who commit murders are not horrible people by nature. Those people are just individuals who, in a moment of weakness, acted out of anger and thoughtlessness, resulting in the unfortunate death of someone. People in these situations need counseling, rehabilitation and an ability to be reentered into the world outside of the legal system as a productive member of society, rather than an ex-convict who knows nothing other than criminal culture.

In the case of Dodson, the crime was seemingly committed out of anger and desperation, as Dodson thought he was cheated out of his money. However irrational the mental state of Dodson, Dodson is not a killer. He is simply a man who overreacted and needs mental counseling. This man could one day be an upstanding member of society. However, a 45 year prison sentence greatly hinders that possibility.

If one in a situation such as this obtains an experienced Jacksonville murder crimes attorney to fight for one’s case, one might be able to have the possible punishments lessened so that one can be reentered into society as an individual who can start over on the right side of the law.

Continue reading "Jacksonville Man Stripped Of Free Adult Life In $10 Murder Case" »

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" »