Jacksonville Criminal Attorney Blog

The average Jacksonville resident does and has felt safe in their home and neighborhood. Unfortunately though, when the unthinkable happens, the average freshly distressed resident has very little ability to identify their own attacker, leaving holes for the average criminal to escape from. However, this also leads to the possibility of mis-identification. If one has been charged with such a crime, one should contact an experienced attorney to fight for one’s case.

According to the Bradenton-Herald, a man, while in his drive way, was robbed by an unidentified mugger, according to the Manatee County Sheriff’s office. The man was robbed just as he was getting to his home. The unidentified man ran up, pointed a gun at the man, stole his belongings, and then ran. The victim believes that he might have seen the assailant previously at a convenience store that day.

Most Jacksonville theft crimes involve some manner of shock to the victim. For some, this shock of being robbed allows for them to imprint on their minds a very decent description of the suspect in question. However, this is not always the case. For many, the shock, confusion and feeling of pure distress is something that is very blinding. Furthermore, the description becomes even worse the longer it has been since the crime.

Most victims, when asked for a description of their attacker, be it a mugging, sexual assault, or convenience store robbery, will give a very vague description as to the suspect. This is enough for the Jacksonville police to conduct a very loose search for a suspect; however, many times, it is not enough to confirm one person on. This problem has increased the use of lineups.

Typically, when the police have too many suspects to go on and the victim is not entirely clear as to the suspect’s description, the police will have the victim identify the suspect via a line-up, a procedure by which police take loose descriptions of the assailant, find people that could have been within the vicinity of the crime that match the description of the suspect, and allow the victim to point to which person they think committed the crime.

Line-ups have been used for some time by police; however, this common usage is not a good practice because there is a great possibility that mis-identifications can occur, leaving good people falsely accused of crimes they did not commit. These false accusations lead to charges that can completely wreck someone’s life, even if their name is cleared. However, if one contacts an experienced Jacksonville theft crimes attorney, one can make sure that if one has not committed the crime, one’s charges will be dropped, and if one has committed the crime, one will have the best defense to that crime and will hopefully have the possible punishment lessened.

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

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

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

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

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

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

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

Robberies tend to be some of the less brazen and more quiet of offenses, being most of the time at night and with the least amount of witnesses possible. However, some robberies are becoming more common place and during the day. If one has been charged with a crime such as this, one should contact an experienced attorney to fight for one’s case and bring to light defenses that one may not know about otherwise.

According to the Florida Times-Union, a Boost Mobile sales clerk was shot at the Boost Mobile retail store on Kings Rd. The incident occurred around 5pm. A still unidentified man walked into the store, demanded money, and when the clerk confronted the man, the robber shot him in the arm.

Jacksonville theft crimes are very common in kind and in practice. Most involve a smaller store, such as a gas station, an identifiable target, and a weapon. However, most of these crimes have one major problem that is inescapable: security-cameras. Security cameras have been the major culprit for why robberies have been solved and in a reasonably short amount of time. However, robbers know this and have taken steps to combat the problem.

Most robbers now were masks, as most know. However, there is an increasing problem as to identifying the robber. If, for instance, a person robs a store with an average height, average build, and is masked, and possibly is wearing baggy clothing, and the police have no opportunity to know whether the robber has facial hair, what color skin the person has, or any identifying marks, then, in a sense, the robber is now a ghost.

This growing problem of identifying suspects is becoming an issue with false identification. Many people who might match one or two characteristics of a robber might be subject to police questioning or even possibly an arrest. Some happen to be in the wrong place at the wrong time. However, just because you have been arrested for a crime you didn’t do, doesn’t mean that there is no hope.

An experienced Jacksonville theft crimes attorney can provide one the best defense possible to fight for one’s case and have the truth of one’s innocence brought to light. Being falsely identified by the legal system can be one of the most horrifying things possible, especially when one’s job might be on the line or reputation in the community.

You should not have to go down for a charge that you were not involved in. Just because someone else made a mistake, does not mean you have to live with the consequences. If you know you have been falsely accused of a criminal charge such as a theft crime, do the right thing. Do the smart thing. Contact an experienced attorney to fight for your case and ensure that the charges against you are dropped.

Continue reading "False Identification Defense To Boost Mobile Store Robbery in Jacksonville" »

Jacksonville police have many duties and responsibilities that many of Jacksonville’s citizens ignore or forget. However, one duty that the public does not overlook is public safety, particularly reasonless speeding. If one has been charged with such a crime, one should contact an experienced attorney to aggressively fight for one’s case.

According to the Florida Times-Union, two Putnam County Deputies were fired for driving well over 100 miles per hour on a rural road which posted speed limit was 45 mph. These deputies were responding to a noise complaint and as initial investigation shows, the deputies decided to race.

Jacksonville police crimes normally are reported for something controversial, be it improper evidence tampering, unlawfully discharging firearms, or police brutality. However, unreasonable speeding is one crime that police officers normally cite for but do not self-regulate.

The two police officers said they had been holding on responding to the noise complaint for an hour, and were thus responding quickly to recover time. However, the Putnam County Sheriff’s office believes otherwise. Most police departments have a device in their vehicles called an Automatic Vehicle Locator that helps the police station know the state of their vehicles. This device is similar to the electronic black box that records speeds and engine signal communications sent in the car during normal operation.

According to the Automatic Vehicle Locator, one officer was going 124 mph and the other was going 119 mph. The first officer tried to pass, and during this pass, the officer hit a concrete median and damaged his vehicle. The Sheriff’s office said that there was no need for these officers to be speeding that fast. The Sheriff’s office has since fired these two officers; however, the actions of these officers may be in question criminally.

These officers have broken Florida’s reckless driving laws, and will be subject to some possible scrutiny from the legal system as well as the court of public opinion. However, these officers still need a defense. If these officers are to be held to any standard, it should be the standard of the law, not the standard of public opinion. Should these officers end up being charged criminally, or if this kind of situation arise in a private citizen’s own personal life, one should contact an experienced Jacksonville police crimes attorney to fight for one’s case and ensure one’s rights are protected.

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Jacksonville’s drivers sometimes drink and drive; most do at some point. However, one’s rights concerning DUI stops are changing quickly in not only Florida but other states around the nation. Therefore, as one’s DUI arrests rights are diminishing, one should contact an experienced attorney to ensure that one’s rights are known, used, and protected.

According to The Missoulian, Daniel Carrell, a Montana resident, was arrested for a DUI by way of a blood sample obtained via a telephoned warrant in the middle of the night. This arrest was Carrell’s second DUI offense, and according to Judge Reardon, the Judge who approved the warrant, a second offense is enough for probable cause.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink or someone calling the police, reporting a tag number of an erratic driver, and that driver being later arrested for a DUI. However, as Jacksonville Criminal Attorney Blog has reported, one can refuse the commonly performed breath test, be charged with a civil penalty for refusing the test, and survive a criminal penalty for a DUI charge. However, this may no longer be an option for Jacksonville drivers.

Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUI’s, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.

In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.

Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.

If one obtains an experienced Jacksonville DUI crimes attorney to fight for one’s case, one will be able to ensure that the police are going about proper procedure and that if the blood sample was taken improperly, it will be excluded in one’s case. In many cases like this, one’s charge could either be reduced or in many cases, dropped.

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Jacksonville’s youth have some of the brightest futures in the world. However, on the road to the future, some children suffer setbacks that can severely hinder their ability to progress. However, this does not mean that the legal system should hold them back as well. If one’s child has been charged with juvenile sex abuse, one should contact an experienced attorney to fight for one’s case.

According to The Boston Globe, children have become more prone to sexual violence in their early youth, mostly from adults; however, there is a growing number of child sexual abuse cases growing in Jacksonville as well as other cities that are solely child-on-child sexual abuse cases. One of the more well-known Jacksonville juvenile crimes case involving sexual abuse is that of Cristian Fernandez, who was recently indicted for the sexual battery of his 5 year old half brother.

Many state legislatures have had to think up new statutes and punishments for this budding problem. However, a problem has erupted from this new debate about what to do with these children: How does the legislature identify the problem children who will be prone to be repeat offenders, and how do they identify the children who are unlikely to re-offend?

Studies have been done that show that a staggering majority of these childhood offenders do not actually re-offend. Most of these children do these acts of sexual misconduct simply out of peer-pressure or curiosity.

However, the legislature, the legal system, and the Judges who have the unfortunate responsibility of sentencing these children to punishments for their actions, cannot always look at each cases very particular facts. Many times, Judges are worried about some of these children repeating these kinds of behavior as adults. However, this does not mean that every child is doomed to harsh punishment. These children need an intermediary; these children need an advocate.

When a child in a situation like this has been accused of sexually abusing another child, the parent of that child should contact an experienced Jacksonville juvenile crimes attorney to fight for these children’s rights. These youth need help, not a jail cell or a sex offender registry listing to scar them the rest of their lives. They need to be able to move into recovery and get back on the path to that bright future that society wants so badly for them to have.

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Jacksonville families have many things that plague their lives and cause problems with husband, wife and children happiness. Unfortunately, sometimes these stresses push people over the edge. When this happens, one should contact an experienced attorney to fight for one’s case and ensure that one can get back on one’s feet and not let a domestic violence charge be another plague in one’s life.

According to the Florida Times-Union, Devin Juan Wilkes, 24, has been charged with felony domestic battery, aggravated assault, and child abuse. The charges come after Wilkes was reported to have attacked the mother of his year-old son, Sheena Hunter, with a kitchen knife. Hunter was reported to have used the child as a human shield, which Wilkes threw out of her hands.

Jacksonville domestic violence crimes typically involve some sort of assault and battery charge. However, what is interesting about this particular case is the manner in which the child abuse took place: both parents used the child as a reason for their actions, but still, the child was physically abused, something both parents said they were trying to avoid.

Wilkes has been charged with aggravated assault, felony domestic battery, and child abuse, which under Florida law are all third degree felonies, each charge carrying up to five years of jail time. However, with an experienced Jacksonville domestic violence attorney, Wilkes, like others in his situation, could have these charges’ penalties lessened or maybe even dropped.

An experienced attorney can offer defenses and mitigating factors that could possibly lessen the possible penalties to Wilkes’ actions, such as:

- Wilkes put the knife in a drawer when Hunter tried to use the child as a human shield

- Wilkes only waved the knife at Hunter, and did not actually attack her violently with the knife.

- Wilkes asked multiple times for Hunter to put the child down before Wilkes removed him by force from Hunter.

One problem that Wilkes might face as a defendant is his criminal record. This incident marks the third domestic violence charge Wilkes has received in the past three years. The legal system will look to this very same criminal record in the sentencing phase of proceedings, should the case go that far.

The legal system tends to view those who have criminal records, particularly those who are repeat offenders of the same crime, as people who just have not learned their lesson. However, these people are people who need help from the court system, rather than a jail cell.

An experienced attorney could use a prior criminal record such as Wilkes’ to shed a different light on the case. Wilkes needs anger management and psychotherapy rather than an abusive and antagonistic environment within a jail which will only fuel the fire to his rage. The legal system is meant for helping people get better, rather than worse.

Continue reading "Jacksonville Woman Uses Baby As Human Shield, Father Arrested" »

Jacksonville police are gearing up for the increasing drug crimes that are present in our city. One of the many ways in which the police do this is by conducting drug stings. If one has been a victim of the drug sting, one should obtain an experienced attorney to ensure their rights are protected.

According to the Florida Times-Union, Jacksonville police busted Wayne Jenkins for selling crack cocaine to an undercover detective on Friday and again on Saturday. This sting was part of a city wide operation to arrest known drug dealers, traffickers, and buyers.

Jacksonville drug crimes cases normally involve someone who happens to be possessing a drug, and sometimes selling a drug to a undercover police officer, who then arrests them for selling the drug. However, sting operations, not as widely used, are quite interesting and sometimes rather complicated.

The most common forms of stings, when used for the purposes of drug busts, are where an undercover police officer poses as a seller looking for a buyer, or as a buyer look for a seller. However, Jacksonville, as well as other cities, are using these sting operations in conjunction with other operations such as beefed-up patrols, crackdowns, and sweeps.

One problem with sting operations is the numbers of drug dealers, sellers, distributors and buyers that are arrested. The Jacksonville Police Department reports the numbers of drug crime arrests are going up and that they are cleaning up the streets. This reporting increases faith in our police officers protecting and serving us. However, sometimes, one or two police officers pressure people who normally would not commit the drug crime to commit the crime: This is entrapment.

Entrapment is a very widely known defense; however, most only know very little about this very important defense. The entrapment defense comes into action typically when a police officer pressures or pushes someone to commit a crime, in this case, a drug crime, when they normally would not. Most times this involves the undercover cop egging the accused on and pushing him or her to sell or buy the drug.

This happens many times with police stings and undercover drug busts. Unfortunately, most do not know this defense exists until it is too late. However, if one obtains an experienced Jacksonville drug crimes attorney to fight for one’s case, one will be able to know if this defense applies to them, and may be able to have their charges completely dismissed.

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Jacksonville’s residents have many things that make them angry. Sometimes, those things or people are law enforcement. However, actions against law enforcement carry heavier punishments. If one is accused of a crime against a police officer, 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, Brad Germain, 35, has been charged with attempted murder of a Jacksonville police officer. The incident began after the police were advised that Germain had rammed a police car with his pick-up truck earlier that night. Germain led police on a 1am chase, which led to Germain hitting another police officer and his car.

Jacksonville felony violent crimes tend to be some of the more common crimes, however, typically not as vehicular as Germain’s case. Most vehicular crimes are accidental or at most reckless, but not intentional. On the other hand, felony violent crimes are normally intentional. As one can see, in the case of Germain, intent is something that will play a big part in his sentencing.

Germain has been charged with attempted murder, a first degree felony, which can bring up to 30 years in prison. This may seem complicated enough in itself, but even tough problem that Germain will face is that the attempted murder was against a police officer. This may be tough for Germain to deal with, both as a defendant, and as a prisoner, should that situation arise.

Many cases in Jacksonville where police are injured are immediately seen as cop hater cases, and in many situations, those charged for crimes against police will receive the maximum punishment for their crimes, no matter what the circumstances. This is due to the fact that the court system wants to punish those who try to hurt those that protect and serve our great city. However, Germain still has rights.

One in a situation such as Germain’s should contact an experienced Jacksonville felony violent crimes attorney to fight for one’s case and ensure that all options, rights and privileges are known to that individual so one will be protected. In many cases, obtaining an experienced lawyer is the only way one can ensure Constitutional protections.

In Germain’s case, the Judge will look at the fact that Germain did intentionally hit the cop car with the cop inside; however, an attorney could argue that there was no intent specifically to injure a police officer, even though one was injured, and that the Germain is apologetic for his actions and is willing to make amends. In many cases, these kinds of arguments can significantly lower the amount of time or severity in the manner in which time is served.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Jacksonville is growing rapidly every year in the technological world, making life easier for its citizens every day. However, as technology advances, so does the knowledge and ability of criminals to steal using that same technology. No matter what the reason for the theft, when one is charged with an online theft crime such as this, one should contact an experienced attorney so that one can ensure one’s rights are protected.

According to the Florida Times-Union, the police are investigating a theft crime involving a Wells Fargo account. The Jacksonville police say that $20,495 was stolen out of a man and his sister’s joint account by way of 37 online payments over a period of about 5 months.

Theft crimes in Jacksonville are typically associated with muggings, robberies, or burglaries. However, thieves are becoming more non-personal and operated via cyberspace. As such, most criminals are able at times to get away with online theft. As such, law enforcement, banks, and other online-accessible financial institutions are gearing up their security.

Even though online bank account theft is a relatively new form of theft, the crime itself remains the same, until the legislature makes a new, more specified criminal charge for it. Even though there is not a new charge for the crime, the police and other investigative units have methods of finding out where the money is being stolen from, where the stolen money is going, and most of the time what the money is being used for.

In the case of the Wells Fargo bank account theft, the police have been able to tell that the money stolen was used to pay for a number of different things, including a mortgage, a JEA bill, and a few credit card bills. However, the police are still investigating who was actually responsible for the theft.

One method by which police investigate bank account theft is by tracing where the account was accessed, how and by who’s computer. Unfortunately, people can be arrested for online theft even though they themselves may not have been the actual thief. Someone accused of a crime such as this may see no way out in this particular situation. However, there are defenses than experienced Jacksonville theft crimes attorney can provide:

- the accused did not access the computer at the time the theft was said to occur
- the accused never used the computer at all even though it was registered to the accused
- common public or common private familial usage of the computer
- the accused has no possession of any of any possessions bought
- the accused is not recorded nor is connected to any bills paid

No matter what the particular set of facts, one will normally have a defense that an experienced attorney will use on behalf of the accused to make sure that at minimum, the charges can be reduced, and if possible, have the charges dropped entirely.

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