Jacksonville Criminal Attorney Blog http://www.jacksonvillecriminalattorneyblog.com/ Published by Mussallem & Forbess, P.A. en Copyright 2009 Sat, 27 Jun 2009 16:20:38 -0500 http://www.sixapart.com/movabletype/?v=3.33 http://blogs.law.harvard.edu/tech/rss Florida State Football Player Arrested for Grand Theft Florida State football player, Maurice Harris, has been arrested for Grand Theft and altering the VIN number on a motorcycle. In order for the theft to be considered "Grand", the value of the property stolen has to be over $300. If considered "Grand", the crime is a third degree felony punishable by up to 5 years in prison.

Harris has been suspended indefinitely from the team.

If you have been arrested for Grand Theft in Jacksonville, call our Jacksonville Theft Attorneys at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/florida_state_football_player.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/florida_state_football_player.html Theft Sat, 27 Jun 2009 16:20:38 -0500 This weekend is "Operation Dry Water" in Florida Across the country this weekend, law enforcement is conducting "Operation Dry Water". This program is also being used in Florida to conduct BUI checkpoints and collect safety compliance information.

BUI stands for Boating Under the Influence in Florida. Just like in a DUI, if your blood alcohol level is over .08 and you are operating a boat, you can be arrested for BUI. The Florida Fish and Wildlife Conservation Commission estimate that 20% of deadly boating accidents are the result of alcohol use while operating the boat.

Call our Boating Under the Influence (BUI) Attorneys at (904) 634-0900 if you have any questions.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/this_weekend_is_operation_dry.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/this_weekend_is_operation_dry.html DUI - Driving Under the Influence in Jacksonville, Florida Fri, 26 Jun 2009 15:53:50 -0500 Police Officer in Oregon Enters Guilty Plea to Official Misconduct A police officer in Sandy, Oregon, has entered a guilty plea to official misconduct. William Bergin took people's driver's licenses when they were pulled over for driving on a suspended license. He was accused of then giving the confiscated licenses to an underage girl so she could buy alcohol.

Bergin was placed on 2 years probation for official misconduct. He has to spend one day in jail, perform 120 hours of community service, and pay a $500 fine. If Bergin violates his probation, he could be sent back to jail.

In Jacksonville, if you are placed on probation for a crime and you violate that probation, you can be sent to jail for the maximum time punishable for the original crime you were convicted of. The prosecutor has to prove that you "willfully and substantially" violated.

If you have any questions about probation violations in Jacksonville, contact our Jacksonville Probation Attorneys at (904) 634-0900 for a free consultation.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/police_officer_in_oregon_enters_guilty_plea_to_official_misconduct.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/police_officer_in_oregon_enters_guilty_plea_to_official_misconduct.html Police Thu, 25 Jun 2009 15:20:53 -0500 New Jersey Police Officer Arrested for Theft A Jersey City 21 year vet of the police force has been arrested for theft and police misconduct. Eugene Falconetti was charged with taking a bribe for not performing a police duty, such as arresting someone. The court set a $50,000 bond for Falconetti.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/new_jersey_police_officer_arre.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/new_jersey_police_officer_arre.html Police Wed, 24 Jun 2009 15:10:28 -0500 Lake City Man Arrested for Capital Sexual Battery A man in Lake City, Florida, was arrested last week for two counts of capital sexual battery. Michael McMilliam allegedly discussed touching children under 12 on an online chat. The arrest stemmed from a tip received by the Florida Department of Law Enforcement's Computer Crime Center.

Sexual Battery in Jacksonville and all of Florida means that there was oral, vaginal, or anal penetration or a touching of the sexual body parts of another without their consent. A child under the age of 18 cannot give consent to someone over the age of 18. If convicted of sexual battery on someone under the age of 12 years-old, there is a mandatory life sentence in Florida.

If you have any questions about sex charges in Jacksonville, call our Jacksonville Sex Crimes Law Firm at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/lake_city_man_arrested_for_cap.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/lake_city_man_arrested_for_cap.html Sex Crimes Tue, 23 Jun 2009 14:31:41 -0500 Former Wisconsin Police Officer Will Be Released from Prison A former Wisconsin police officer has served his sentence for sex assault and official misconduct. Daniel Wineski was sentenced in 2004 to 7 years in prison. When he is released, he will have to register as a sex offender for 17 years. Wineski, a 25 year veteran of the police force, was originally arrested for sexual assault of a child, witness tampering, false imprisonment, and official misconduct.

In Jacksonville, if you are convicted of a sex charge, you will most likely be required to register as a sex offender or sex predator for the rest of your life. (there is no time limit)

If you have been arrested for sex charges in Jacksonville, contact our Jacksonville Sex Crime Attorneys at (904) 634-0900 for a free consultation.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/former_wisconsin_police_office.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/former_wisconsin_police_office.html Police Mon, 22 Jun 2009 10:30:30 -0500 Louisville Officer Arrested in Florida A man who is a police officer in Louisville has been arrested in Tampa, Florida. Lt. Jerald Fifer was arrested for

Aggravated Domestic Battery with a Deadly Weapon and

False Imprisonment

Florida State Troopers say he dragged a woman into a car on the side of the interstate. Fifer is no stranger to the criminal justice system himself. Six years ago, he was arrested for DUI after getting into an accident.

Call our Jacksonville Criminal Attorneys if you have any questions about criminal charges in Jacksonville, Florida. Our criminal attorneys in Jacksonville are available for a free consultation at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/louisville_officer_arrested_in.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/louisville_officer_arrested_in.html Police Sun, 21 Jun 2009 11:21:07 -0500 Donte Stallworth's Case in Florida for DUI Manslaughter NFL player, Donte Stallworth, recently entered a plea to DUI manslaughter in Miami, Florida. His plea agreement with prosecutors recommends that he spend only 30 days in jail followed by 2 years house arrest and 8 years probation. The state attorney cited his cooperation, lack of criminal record, and financial settlement with the victim's family as reasons for the sentence.

Stallworth's sentence for DUI manslaughter is considered a "departure". Normally, if you are convicted of the DUI manslaughter in Florida, there is a 4 year minimum mandatory. That means you have to serve 4 years day for day. If you have no criminal record, your guidelines are around 10 years. Guidelines are minimum sentences the court should follow unless the state attorney waives them or the court cites reasons to depart from them. The maximum Stallworth was facing was 15 years in prison.

If Stallworth had not been a wealthy NFL player, the chances he would have received that same sentence would have been greatly diminished.

If you have been arrested for DUI in Jacksonville, call our Jacksonville DUI Attorneys at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/donte_stallworths_case_in_florida_for_dui_manslaughter.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/donte_stallworths_case_in_florida_for_dui_manslaughter.html DUI - Driving Under the Influence in Jacksonville, Florida Sat, 20 Jun 2009 10:56:00 -0500 Jacksonville Police Officers Shoot and Kill Man Not Walking on the Sidewalk JSO officers shot and killed Kiko Battles, a Jacksonville resident, on Monday. Two off-duty officers were working for Springfield Preservation Council. They noticed two men walking in the street. Instead of letting the men walk, as free men are allowed, they went up to them. This is called a "consensual encounter" and you are free to leave at any time if you don't want to talk to the police. Apparently, one of the men didn't want to talk to the police and was grabbed by the officer. Police say that a gun fell off the man and he picked it back up. The officers then shot the man to death. Other witnesses at the scene report that there was no gun. The police chief said that the officers questioned the men because they were not using the "two perfectly good sidewalks".

If walking in the street raises police suspicion that much, perhaps JSO should set up a sting in Deerwood or Atlantic Beach on a Sunday. Get there all day and question all the people walking their dogs or getting their exercise in the street. If the walkers act nervous, the officers could, for officer safety, search all these walkers.

The two men in Springfield were not acting suspicious. They were not breaking state law. They were not bothering anyone. Police have to have reasonable suspicion to believe you are breaking or about to break the law in order to detain you.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Arrest Attorneys at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/jacksonville_police_officers_shoot_and_kill_man_not_walking_on_the_sidewalk.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/jacksonville_police_officers_shoot_and_kill_man_not_walking_on_the_sidewalk.html Police Fri, 19 Jun 2009 01:55:33 -0500 Blood Alcohol Content Statistics in DUI Arrests When you are arrested for DU in Jacksonville or anywhere else in the country, the police will have a test to determine your blood alcohol content (BAC). Their machines give an estimate on how much alcohol is in your system. The most popular way to test the BAC is through the use of a breathalyzer. The police can also test urine and blood in certain circumstances. When there is a death as a result of traffic accident, blood must be drawn in Florida. To be legally "impaired" in Florida, the limit is .08.

According to the National Center for Statistics and Analysis, here is the percentage of drivers involved in alcohol-related traffic deaths in 2007 by blood alcohol content:

41% had a blood alcohol content over .19
9% were between .17 and .18
10% were between .15 and .16
8% were between .13 and .14
7% were between .11 and .12
7% were between .09 and .10
5% were between .07 and .08

If you have been arrested for DUI in Northeast Florida, call our Jacksonville DUI Law Firm at (904) 634-0900 for a free consultation.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/blood_alcohol_content_statisti.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/blood_alcohol_content_statisti.html DUI - Driving Under the Influence in Jacksonville, Florida Thu, 18 Jun 2009 01:11:28 -0500 West Palm Beach, Florida Police Officers Arrested Two former West Palm Beach officers have been arrested for battery and falsifying a police report. Kurt Graham and Louis Schwartz found themselves on the wrong side of their dash video camera. Police say they had a handcuffed suspect in custody and beat him on camera. After the alleged beating, the two sworn officers are accused of lying on reports to cover it up. The two are no longer with the force, Schwartz was fired and Graham quit.

Some police officers in Jacksonville have cameras on the dashboard of their police cars. Many DUI enforcement officers in Jacksonville have the cameras, but that does not mean your case will be on video. As a Jacksonville DUI Lawyer, I have had cases where the officer wrote that their was a video, but later claim there was a video malfunction. There is no way to know if that is in fact happened, but a trained DUI Attorney in Jacksonville can ask the officer if he or she requested a work order to fix the camera. The DUI lawyer can also ask to see the disc that malfunctioned.

If you have been arrested for DUI in Jacksonville, call our Jacksonville DUI Law Firm at (904) 634-0900 for a free consultation.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/west_palm_beach_florida_police_officers_arrested.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/west_palm_beach_florida_police_officers_arrested.html Police Wed, 17 Jun 2009 01:44:15 -0500 Minnesota Police Officer Arrested for Assault and Criminal Mischief A police officer in Minnesota has been arrested for:

misconduct of an officer
assault
disorderly conduct
criminal damage to property (referred to as criminal mischief in Florida)

Michael Ficken is accused of going into a jealous rage and using his status as a law enforcement officer to damage property and threaten people.

After being arrested on the criminal charges, Ficken was released on his own recognizance. (commonly known as ROR) In Jacksonville, Florida, a judge can release someone on their own recognizance if he or she finds that the person is not a danger to the community and is not a flight risk. The person arrested is trusted to come back to all future dates and does not have to post a bond to get out of jail.

If you have been arrested in Duval County, contact our Duval County Criminal Defense Law Firm at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/minnesota_police_officer_arres.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/minnesota_police_officer_arres.html Police Tue, 16 Jun 2009 01:33:44 -0500 Oregon Police Officer Arrested for Harassing Phone Calls A police officer in Portland, Oregon has been arrested for telephone harassment and official misconduct. Joseph Wild was arrested and charged with 60 criminal counts of telephone harassment and 71 counts of official misconduct. The investigation started after the department received complaints from women who said Wild repeatedly called them. Wild has been with the department for 4 years and it is not known if he has arrested other citizens for the same misconduct.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/oregon_police_officer_arrested_for_harassing_phone_calls.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/oregon_police_officer_arrested_for_harassing_phone_calls.html Police Mon, 15 Jun 2009 01:25:11 -0500 Indiana Police Chief Indicted A police chief in Petersburg, Indiana has been indicted for criminal wrongdoing and has been forced to resign. Joe Hill is now charged with official misconduct and obstruction of justice stemming from allegations that he and his girlfriend illegally obtained prescription medication.

This crime is called Fraudulently Obtaining a Controlled Substance in Jacksonville and is a felony. If convicted of this felony in Florida, you are facing up to 5 years in prison.

If you have been arrested on drug charges and need help, our Jacksonville Drug Attorneys are only a phone call away at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/indiana_police_chief_indicted.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/indiana_police_chief_indicted.html Police Sun, 14 Jun 2009 09:12:46 -0500 Marijuana Grow Houses Raided All Over Florida Last week, 142 people were arrested for cultivation of marijuana in Florida. The arrests were the result of "Operation Eagle Claw", which was law enforcement's attempt to target pot grow houses all over the state. More than 6800 pot plants were seized by police all over Florida.

You could be arrested for a drug felony in Jacksonville if you have even one marijuana plant growing and the plant was in your possession. Cultivation of Marijuana is a third degree felony punishable for up to 5 years in prison.

Call our Jacksonville Marijuana Law Firm for a free consultation about pot charges in Jacksonville. Our Jacksonville Drug Attorneys are available at (904) 634-0900.

]]> http://www.jacksonvillecriminalattorneyblog.com/2009/06/marijuana_grow_houses_raided_a.html http://www.jacksonvillecriminalattorneyblog.com/2009/06/marijuana_grow_houses_raided_a.html Drug Crimes in Jacksonville, Florida Sat, 13 Jun 2009 08:40:20 -0500