Jacksonville Criminal Attorney Blog

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.

Continue reading "Jacksonville A Growing Target For Child-on-Child Sex Abuse" »

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

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

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

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

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

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

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

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

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

Jacksonville prosecutors rarely see charges as anything but black and white. If the defendant is guilty, then the guilty party should be punished severely. However, with an experienced Jacksonville criminal defense attorney at one’s side, the defense can argue the mitigating and alternative evidence to show the defendant’s innocence, negligence, and argue against their guilt.

Jacksonville Juvenile crimes cases tend to be simple and relatively quick cases to move through the system. However, in the case of Cristian Fernandez, the defense is not giving up.

Jacksonville Criminal Attorney Blog has been reporting on the new developments in the Cristian Fernandez case. However, a charge change has been a shock to not only the defense, but the court of public opinion.

According to The Florida Times-Union, Cristian Fernandez has been freshly indicted for the sexual assault of his five-year-old half brother. This indictment has been freshly motivated by a new allegation from the 5 year old half brother that Fernandez had molested him. The half brother spoke up to authorities well after the arrest of Cristian Fernandez for the original murder charge.

Prosecutors tend to try to metaphorically throw the book at defendants, especially those defendants who are as high-profile as Cristian Fernandez. In cases like these, the court of public opinion weighs heavily and therefore, the prosecution wants to look as though they are tough on crime and are the bringers of justice. However, justice is not always harsh punishment.

The State Attorney’s office has brought another “life-felony” charge upon Fernandez. This means that the felony charge he is indicted for, if convicted, can carry a life sentence. The State Attorney’s office has stated that they do not want to have Fernandez serve a life sentence; however, prosecutors do not always live up to their word.

Fernandez is currently facing a murder charge, which Fernandez’s defense team is not willing to give in to. As such, the State Attorney’s office has turned their hopes to the sexual battery charge.

It is the hope of many prosecutors, by charging the defendant with every possible charge that could stick, to overwhelm the defense. For most defense attorneys, when their client is charged with multiple crimes, and the defense is spread thin monetarily, the defense will give in to the prosecutor.

Continue reading "Cristian Fernandez Charged With Jacksonville Sexual Battery Crime" »

Young Jacksonville residents love to have fun, be active, and sometimes express their feelings in a very obvious manner, be it through toilet papering houses, forking yards, or drawing graffiti on walls. However, many residents do not appreciate this type of expression. The legal system does not appreciate this type of expression either, and as a result, there can be steep consequences to these expressions.

Criminal Mischief is a crime common to every age group, and as a result, the legal system does not typically take this type of crime lightly.

According to Florida Statute 806.13, a person is charged with criminal mischief when they intentionally and maliciously damage someone’s property, be it through graffiti, arson, or some other form of vandalism.

There are many different types of criminal mischief, as well as many different punishments for each of them. However, without an experienced attorney, one will have a tough time with the penalties for the charge.

Under Florida Statute 806.13, if the damage caused to the property is less than $200, one will be charged with a second degree misdemeanor, punishable by up to 60 days in jail and $500 in fines. If the damage to the property is between $200 and $1,000, the jail time is increased to a year, and fines are increased to $1000. If the damage is more than $1,000, then one will be charged with a 3rd degree felony, which carries up to 5 years in prison and $5,000 in fines.

Criminal Mischief in Jacksonville comes in many forms, but the most common is graffiti. If a person is convicted of criminal mischief involving graffiti, the person will have to pay a fine of $250 for the first conviction, $500 for the second conviction, and $1,000 for the third conviction.

In addition to the extreme amount of fines and jail time one can face, if one is a minor, one’s parents can be held liable for all fines the Court assesses, and, if one has a driver’s license, one can have one’s license suspended for up to a year.

These steep penalties may not seem like something too horrible, but when placed together in a very common situation, they can be very horrible. Take a 16 year old male in his junior year at a local Jacksonville high-school for example. A young man with his entire future ahead of him, a prom to prepare for, friends, and probably a girlfriend. One day this young man, while hanging out with some friends, decides to spray-paint a concrete wall with a symbol from one of his favorite bands.

The young man in this situation would be charged with probably a first degree misdemeanor, be subject to up to a year in jail, $1,000 in fines, an extra $250 fine if this criminal mischief charge was his first offense, and possibly lose his driver’s license for up to a year.

Not only will this young man have to start out his professional life with a criminal record, but his life will be in effect wrecked by the time, energy and money spent dealing with this rather simple crime.

Continue reading "Juveniles Face Harsh Penalties For Criminal Mischief in Jacksonville " »

In Jacksonville, juveniles can face major punishments for violent crimes, such as homicide. However, non-homicidal crimes sometimes carry major punishments as well. It is important for juvenile offenders to know their rights when being sentenced for a non-homicidal crime, particularly in Jacksonville.

Juvenile Crimes in Jacksonville typically tend toward the non-violent, particularly theft and drug crimes. However, the court system tends to be tough on crimes such as these, because the system wants to make sure that juveniles in Jacksonville learn their lesson and that those offenders will not do that crime again. Unfortunately, some courts have attempted to make sure that these offenders never do anything ever again outside of prison.

Graham v. Florida shows a juvenile's right of protection from being sentenced to life imprisonment without possibility of parole for a non-homicidal crime. In this case, Terrance Graham, a 16 year old boy, was charged and plead guilty to armed burglary and attempted armed robbery. Graham was sentenced to two back-to-back 3 year probation terms, which he violated.

Graham went through a trial court sentencing hearing where he received the maximum sentence for his crimes: life imprisonment for the first charge and 15 years for the second charge. Graham challenged his sentence under the Eighth Amendment saying that his punishment was cruel and unusual because his crime was non-violent, his punishment was excessive, and he could not be released on parole.

In Florida, the legislature has abolished the parole system, leaving no realistic opportunity for an offender to be released from a life imprisonment sentence. The only option that an offender has for release in Florida is a grant of executive clemency from the Governor of Florida. These grants are not given often. Therefore, if someone is sentenced to life-imprisonment, most likely, that person is not going to get out.

The Florida legislature abolished the parole system because of Florida’s increasing tough on crime policy. The original target was violent offenders, who many in the Florida legislature felt would do best to serve their remaining sentence in prison for the crimes they had committed, rather than having the possibility of getting out of prison early or at all for some major offenses. However, abolishing the parole system also keeps non-violent/non-homicidal offenders from being released as well.

This is the future that Graham was facing. However, the Supreme Court ruled in this case that the Constitution does not allow someone to be sentenced to life-imprisonment without the possibility of parole when that person did not commit homicide. The Court said that the state does not have to guarantee release for a non-homicidal offense, but if the state, in this case, Florida, is not going to have a parole system, the state has to provide the offender a realistic opportunity to be released before the end of the sentence.

Continue reading "Graham v. Florida Shows Juveniles’ Sentencing Rights In Jacksonville" »

Jacksonville is the type of city that encourages children and teenagers to have fun, explore, and interact with their surroundings. Unfortunately, Jacksonville juvenile crimes occur because some children have too much or the wrong kind of fun.One facing a juvenile crimes case should have an experienced Jacksonville Juvenile defense lawyer to represent, defend, and ensure their rights are protected.

In State vs. Rhoden, Learnhart Rhoden, 17 year old from Florida was charged as a juvenile with discharging a destructive device. This minor was later tried and sentenced as an adult. This case shows that how the juvenile detention system is supposed to function versus how the system functioned in this case are two completely separate things.

In Florida, the Juvenile detention system is aimed at changing behavior rather than punishing children. In Florida, the juvenile court system is different from the adult court system.
In Florida, a juvenile cannot post bond like in the adult court system. When a minor first enters the juvenile court system, they will be taken to Juvenile Assessment Center (JAC), where they must go through a detention calculation, called a Risk Assessment Instrument (RAI) of which they must score under a certain amount of points, or perceived risks, to be released. These points or factors are based on the minor’s criminal record, the particular crime he or she was charged with, and other factors listed and set by Florida statutes. RAI’s are subject to review by a judge. This review hearing occurs within 24 hours of the juvenile being booked.

If the child is to be held in detention, the longest that he or she can be held is 21 days. This is the longest amount of time that the State Attorney’s office is allowed to take to decide whether to try the case. If the State Attorney’s office cannot make a decision in that amount of time whether to try the case, the juvenile is released. Furthermore, Florida statute requires that many children be released, even though the offense would result in a lock-up or an expensive bond in an adult court. However, some children slip through the cracks of the system. But if you have an experienced Jacksonville juvenile crimes lawyer, your child will not be subject to the inadequacies of this imperfect system.

In the State v. Rhoden case, Rhoden was tried as an adult and sentenced as an adult. Sentencing a juvenile as an adult is allowed under Florida Statute §39.111(6)(d), assuming that the judge addresses the six criteria making an adult sanction suitable or unsuitable. Under this statute, a minor can be tried if:

- The seriousness of the offense to the community and whether the protection of the community requires adult supervision
- Whether the offense was committed in an aggressive, violent, premeditated, or willful manner
- Whether the offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted
- The sophistication and maturity of the child, as determined by consideration of his home, environmental situation, emotional attitude, and pattern of living
- The record and previous history of the child, including:
- Previous contacts with the department, the Department of Corrections, other law enforcement agencies, and court
- Prior periods of probation or community control
- Prior adjudications that the child committed a violation of law, and
- Prior commitments to institutions
- The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if he is assigned to juvenile services and facilities

In Rhoden’s situation, the Judge threw all caution to the wind and ignored the 6 criteria for being sentenced as an adult. As a result, Rhoden got ten years in an adult prison.

Continue reading "Jacksonville Juveniles And The Dangers Of Too Much Fun, State v. Rhoden Shows" »

The fact that any person, regardless of age, can be charged with a crime makes it so difficult when a young teenager is arrested by police.

Typical juveniles crimes include -- drug crimes in Jacksonville or theft crimes in Jacksonville. Either can lead to serious penalties.

When a young person is arrested, they are scared because they don't know what is happening to them. If they have no experience in the criminal justice system they don't realize that police officers -- whom they may have been taught are there to help -- can lie to them and that their main goal is making a case against a person, not coddling them.

They probably don't know the rights they have, such as a right to an experienced Jacksonville criminal defense lawyer or the right not to say anything to anyone about their case. No person is required to speak with police after they've been arrested.

In the case of Frances G., a 12-year-old in Rhode Island, she found out the hard way that being a kid doesn't cut you any slack.

In this case, she allegedly threw a rock or brick against the windshield of a vehicle and carved something into the side of the vehicle and admitted such to a law enforcement officer. The other issue raised on appeal was whether the mother of a girl who screamed out that Frances was committing the crime should have been allowed to testify what her daughter said aloud.

Frances was found to be a wayward juvenile by the Rhode Island court and was sentenced to probation and community service. Her mother and she had driven to a relative's house to pick up a piece of their property. When the relative wouldn't answer, they began shouting vulgarities through the door.

Then the relative's daughter shouted out "Willa is at your car with a brick" and the woman arose to see Frances and her mother driving off and her windshield smashed and something carved in the side. When Frances and her father were called by police, she was read her Miranda rights and gave a full confession, saying that her mother told her to do it. The girl's father was with her the entire time.

She appealed, with her attorneys arguing that her Fifth Amendment rights were violated when she was giving a statement and that the relative shouldn't have been allowed to testify about what her daughter shouted out -- "Willa is at your car with a brick."

On both issues, the Rhode Island Supreme Court ruled that the girl wasn't entitled to relief and that the ruling and sentence would stand.

This case shows that even if you're a 12-year-old girl, you can face the same pressures as those of an adult defendant. Police are trained to solve cases, not be nice to people they consider suspects.

Continue reading "Case of Frances G., Shows Hard Stance State Takes Against Juveniles in Jacksonville " »

A 19-year-old has been charged in connection with a reported burglary in the gated Epping Forest community recently, The Florida Times-Union is reporting.

Charges of burglary in Jacksonville shouldn't be confused with robbery in Jacksonville. Burglary is the less serious of the two because it's defined as stealing from a place, whereas robbery is stealing from a person.

Burglary charges can still lead to serious prison time if a person is convicted, depending on several factors, such as whether anyone was in the building at the time of the burglary, whether a weapon was used and the value of what was stolen.

But as an experienced Jacksonville criminal defense lawyer knows, when authorities arrest a person for burglary, they try to match the style of that burglary to others in the area. People who face theft charges are typically looked at for a variety of crimes as police try to make arrests for unsolved cases.

In this case, a 19-year-old was arrested, and while he wouldn't be considered a juvenile by most standards, there are provisions that allow a young person to be sentenced as a "youthful offender" in Florida if they meet certain criteria. In many non-violent cases, if a teen isn't prosecuted in juvenile court, this can be an opportunity to face a reduced charge or not have the charge come up on their criminal history record.

But youthful offender status isn't granted in every case and it takes specific circumstances in order to work out. It's an avenue that an experienced Jacksonville criminal defense lawyer may be able to explore for a young client.

The 19-year-old was being held on $35,000 bail, the newspaper reports. Police were called by neighbors after someone spotted a man inside someone's garage in the 6700 block of Epping Forest Way North. Eventually, more officers and a police dog showed up.

The police dog tracked the man to the front gate of the community and an officer on patrol a few miles away spotted a man that matched the alleged intruder's description and stopped him. The man was walking with a computer, cellphone, iPod and glasses that police say had been stolen from vehicles in that neighborhood.

The article doesn't state what charges the teen now faces, but it's likely that theft or burglary charges could be levied against him. It doesn't appear from the article that he stole anything from the house, so he may face a less severe charge than burglary for being in the garage.

Theft charges in Jacksonville can range from simply shoplifting something to planning a crime to break into a house and stealing from people. Accordingly, the penalties can range from misdemeanors punishable by jail time or probation to felonies that can land someone in prison for years.

Either way, an experienced lawyer should be hired to help a client in this situation. Theft charges can look bad on a person's criminal record, especially a young person who is trying to get into college or have a future career. These can make life very difficult. So, fight the charges aggressively.

Continue reading "Auto and Home Burglaries in Jacksonville Lead to Arrest" »

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" »

You are pulled over by police. Officers approach your vehicle not as if you've just run a stop sign, but possible with guns drawn or with an aggressive attitude as if you've done something very wrong.

They drag you out of the vehicle and start patting you down while looking through your car. You likely feel the itch to explain yourself, prove you didn't do what they're accusing you of doing. Every child has dealt with this scenario, but it's a different ballgame as an adult.

When police are involved, you shouldn't say anything, because it can be used against you. Every American has the right to remain silent, a very valuable right that many people take for granted or don't realize they have. Jacksonville criminal defense lawyers have seen countless defendants have a shot at beating charges only to have their fate sealed because they gave a statement to police.

This is especially critical in cases of burglary, gun crimes or murder in Jacksonville. In situations where police are working tirelessly to figure out who is the culprit, they tend to lean on suspects to try to get a confession.

Officers have one goal when it comes to a suspect being in custody and that is to get a confession. They rarely bring in someone who they don't believe committed the crime. Otherwise, it would be a waste of time.

So, officers use the years of training and experience they have to try to scare a person into confessing or admitting enough that they can be charged with a crime. Anything to keep them in custody.

A case out of Iowa highlights just how important keeping quiet is when you're charged with a crime -- and that applies to any time before the case is resolved.

In State v. Pearson, a 17-year-old was charged with robbing and beating an elderly man. After he was arrested, the teen smartly refused to waive his Miranda Rights and give a statement to police.

Miranda Rights are the right to remain silent. It's what most people are used to hearing on police TV shows when a person is arrested.

But the teen made a horrible decision when he told his social worker the next day that he had committed the crime, even though he wasn't with his attorney. His social worker, not having a requirement to keep the conversation quiet, told authorities and she was allowed to testify after a motion to suppress was denied.

The teen was convicted of first-degree burglary, willful injury and going armed with intent. On appeal, the conviction was reversed on the going armed with intent, but otherwise the charges were upheld. The Supreme Court upheld the verdict, ruling that the interview was not a custodial interrogation and that the confession was voluntary.

Continue reading "Your Right to Silence and State v. Pearson in Jacksonville Crimes" »

A teenager faces charges of aggravated child abuse after an infant was taken to the hospital with severe injuries, First Coast News reports.

Teenagers who face criminal charges must get representation from an experienced Jacksonville juvenile defense lawyer because when people are arrested for a juvenile crime in Jacksonville, a lot in their world changes.

For instance, they are subjected to incarceration -- perhaps up to 21 days -- and now are thrown into a world that may be foreign to them. That is, being handcuffed, clothed in a jumpsuit and brought before a judge, who has the task, along with juvenile justice officials, of determining how best to deal with them.

If they are charged as a minor, they can face sanctions such as community service, a work camp situation, house arrest or others that are aimed at teen rehabilitation in an effort to stop them from committing a crime in the future.

But if they are charged as an adult -- which depends on their age, the severity of the crime and past criminal history -- it's a whole other story. These teenagers face the same difficult penalties that adult defendants face, which means they could be subjected to prison time.

According to this story, the teenager was arrested while he was at home with an infant he said fell from a bad when the teen was playing a game. When officials arrived, they performed CPR and took the infant to the hospital.

Police said that the distance between the bed and the floor -- 20 inches -- didn't match up with the injuries the baby sustained. He now faces a charge of aggravated child abuse. According to Florida Statutes 827.03, aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison. To commit the crime, a person must commit aggravated battery on a child, tortures or punishes a child, or abuses a child to cause great bodily harm, disability or disfigurement.

This is a serious charge that, obviously, is punishable by many years in prison. Even for a 16-year-old, it may be difficult for an attorney to convince prosecutors to pursue charges as a juvenile instead of as an adult. The facts of a case are a big factor in which system the teenager ends up in -- juvenile or adult.

But an experienced Jacksonville criminal defense lawyer can use years of expertise in defending these types of cases to help a teen fight against allegations that could ruin their future. They have many rights and these must be upheld at every critical stage of the proceeding. Regardless of the age of the defendant, the prosecution still must prove the allegations beyond all reasonable doubt.

Continue reading "16-Year-Old Faces Juvenile Charges In Infant Beating" »

Two Jacksonville teens have been charged with animal cruelty after police allegedly found a cell phone video of cats being shot during a drug arrest, CBS News reports.

Given the potential for this turning into a high-profile media case, these two juveniles from Jacksonville may be in for a difficult road ahead in terms of getting a fair trial. As this case progresses, news media will continually report the initial facts as quoted by law enforcement until new facts come out.

And, in this case, the background information will be this initial information provided by police, which makes the defendants appear guilty. In cases where teens are arrested for crimes, especially felony charges, they must get the best possible representation from an experienced Jacksonville Criminal Defense Attorney.

According to CBS News, Officers say they smelled marijuana coming from an apartment and when officers knocked, the 18-year-old answered the door, making the smell even more apparent, they said.

Officers got a search warrant and confiscated about $9,000 in cash, two guns, 20 grams of marijuana and drug paraphernalia. The 18-year-old was charged with possession of marijuana with intent to sell and possession of drug paraphernalia.

Police then found the cell phone, though it's unclear why they believed they had probable cause to search the phone. It's doubtful that the 18-year-old's cell phone had a connection to possessing marijuana. And even if it did, it may be even more of a stretch that the cell phone-shot videos would produce any evidence of drug possession.

After officers found the cell phone videos, they found some that included movies of cats being shot. The 18-year-old told officers that his 17-year-old co-defendant's parents own a restaurant that had a "cat problem," so they trapped the cats and shot them. The 17-year-old has denied making such a statement.

The news station reports that the stories about the incident have cost the 17-year-old's family restaurant business after receiving threatening calls about the cats.

In Florida, animal cruelty under Florida Statutes 828.12 can be charged either as a misdemeanor or a felony. For either charge, a person can kill an animal. But the felony charge requires the state to prove the person intentionally caused the animal's death. The difference is important, however. The felony is punishable by a five-year prison sentence, while the misdemeanor is one year.

But for juvenile defendants, these charges can carry other non court-related sanctions. For a teenager charged with a high-profile felony crime, it can strip them of the opportunity to go to college or earn scholarships to get a degree. A conviction can lead to disqualification of jobs and other opportunities that a teen must have in order to succeed.

This is part of the reason why fighting a juvenile crime aggressively is critical for any teen. Getting a felony conviction as an adult on their record can be particularly devastating. Successfully petitioning to move the case into juvenile court can reduce the possible penalties as well as keep the charge on the person's juvenile record as opposed to the publicly open adult criminal record.

Continue reading "Two Jacksonville Teens Charged With Cat Torture" »

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

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

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

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

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

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

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

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

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

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

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

A 12-year-old boy has been charged in Clay County with felony animal cruelty charges after authorities allege two ponies, three goats and two chickens died or had to be euthanized because of the boy.

Juvenile crimes in Jacksonville are among the most difficult because they have such long-term impacts. A teenager who is charged with a crime must be rehabilitated, not sent into the harsh adult criminal justice system. An experienced Jacksonville Juvenile Defense Attorney may be able to provide mitigation in order to convince the prosecution to try the teen as a juvenile and not an adult or move for lesser penalties, such as being treated as a youthful offender on more serious charges.

In this case, there is little likelihood a 12-year-old boy will be charged as an adult, but mental health professionals and other medical care may be the more appropriate route.

According to the news report, police believe the 12-year-old used a butcher knife, piece of lumber, pipe and golf club to injure the animals. One pony's leg was beaten so badly it was barely still attached and a chick was found on a slab of concrete with its head torn off.

The alleged attacks happened at a stable and the boy was fingered through eye witness accounts and because the boy allegedly left his dog at the stable after one of the attacks.

Police reports state the pony's legs and baby goats were beaten by golf clubs and pipes. One of the pony's legs was broken and cut open so badly it hung only by skin. It was euthanized. A 2-year-old quarterhorse was cut on its shoulder and a 1-year-old billy goat had an injured leg, but both lived. Police say a chick was decapitated.

Charges of animal cruelty often bring out strong emotions in animal lovers -- sometimes they care more about animal victims than human victims. And often this leads to the public calling for severe charges, even against juveniles.

But one must consider the suspect in this case. A 12-year-old boy's mental capacity is much lower than an adult. The brain takes a long time to fully develop and that must be taken into consideration. If a teen doesn't understand the consequences of their actions, it must be a factor in the filing decision of prosecutors.

In the adult criminal system, animal cruelty in Florida is defined under Florida Statutes 828.12. Under that law, someone can be charged with a misdemeanor up to a third-degree felony.

A misdemeanor animal cruelty charge means not providing shelter or food over overloads an animal and causing injury or death. It is punishable by a year in jail. The felony charge is punishable by up to five years in prison and is defined as intentionally causing death. It is punishable by up to five years in prison and a $10,000 fine. Either charge is serious and must be fought diligently.

Continue reading "Jacksonville Juvenile Charged With Animal Cruelty" »

Four South Georgia teens were recently arrested and charged with breaking into a business and stealing 17 handguns. Police in Blackshear arrested three 17-year-olds and a 15-year-old, the Florida Times-Union reports.

For hardened criminals who have multiple convictions, they have made choices again and again that leave them punished in the Florida criminal justice system. But for juveniles charged in Jacksonville, they deserve compassion and leniency not typically afforded to adults. And that requires an advocate and someone who will stand by their side and fight for their rights -- a Jacksonville Juvenile Defense Lawyer.

The juveniles in Blackshear face charges of burglary, theft by taking, second-degree criminal damage to property and possession of burglary tools. If charged as adults, they could be punished with decades in prison if the charges are proven and the sentences are maxed out.

Of course, the justice system recognizes that there is a difference between juveniles and adults when it comes to crime. But sometimes, prosecutors attempt to blur the line and charge juveniles in the adult system because of political pressure or pressure from the media and the public.

An experienced lawyer will petition to get a juvenile charged in the juvenile system rather than the adult criminal justice system. That's because the juvenile system is designed to rehabilitate a defendant, while the criminal system seeks only to punish.

The benefits of being charged in the juvenile system are plentiful. They include having the Florida Department of Juvenile Justice control much of the possible penalties, rather than the prosecutor or the judge. And penalties including community service and work camps rather than prison.

But a diligent Jacksonville Criminal Defense Attorney won't stop at just getting a juvenile defendant into the juvenile system. Beating the charges or greatly reducing them is also the job of an attorney hired to defend teenagers.

That's because picking up a conviction as a teenager can have severe long-term effects. too often parents think such charges magically disappear in adulthood. That is often not the case. Issues obtaining college scholarships or working in certain career fields may also result from having a criminal record.

For those not interested in school, there are cases where the United States armed forces won't consider teenagers for enlistment if they have a criminal record. While juvenile records are protected under law, there are ways for government agencies and others to sometimes get access to them.

That's why aggressively fighting these charges is so important. And while parents want to protect their children at all costs, sometimes they can make things worse. The first thing you should do is consult with an attorney, who can use their experience and knowledge to help you make the best decisions for your child.

Continue reading "Jacksonville Juvenile Crimes Cause Long-Term Problems" »

In a recent juvenile case in Jacksonville, Florida, an appeals court overturned the child's adjudication as a delinquent because the arrest was unlawful. The case was from 2009 and the child was with several teenagers outside a local business. Apparently, the kids were loud and the police were called. When the police came to the scene, everyone was quiet. Even though everything had calmed down, the officer told the teens to leave the premises. The child in this case, M.M., walked away. The officer followed and asked him for his i.d. When the child refused, he was arrested for resisting an officer without violence, a first degree misdemeanor. The appeals court found that the child was not legally detained at the time he refused to give his name and the child's conviction was thrown out.

In Jacksonville and all over Florida, there is a crime called Resisting an Officer Without Violence to His or Her Person. If you resist, obstruct, or oppose any officer in the LAWFUL execution of any LEGAL duty, without offering to do violence to the officer, you can be arrested for this first degree misdemeanor. In M.M.'s case, the appeals court found that the officer was not executing any legal duty because the disturbance was over and because of that, child did not have any obligation to give his name.

The Forbess Law Firm is a Jacksonville Criminal Defense Law Firm and we represent people charged with all kinds of crimes, even juveniles. Juvenile criminal cases in Jacksonville are handled by circuit court judges and juvenile law is slightly different than adult criminal law.

Our Jacksonville law firm has represented children charged with sex crimes. There is a such thing as a "juvenile sex offender". A juvenile sex offender is:

1. a juvenile who has been found by the court to have committed a sex crime

2. a juvenile found to have committed a felony involving juvenile sex abuse. Juvenile sex abuse is defined as any sexual behavior that occurs without consent or as a result of coercion.

When a child is adjudicated a juvenile sex offender, the court has to make a determination about where he or she should be placed. The juvenile judge can order the Florida Department of Juvenile Justice to conduct or arrange for an examination to determine whether the juvenile sex offender is amenable to treatment. The report has to include:

1. The child's account of the incident where the sexual behavior took place.

2. The child's crime history.

3. An assessment of sexually deviant behaviors of the child.

4. An assessment of the child's family, social, educational, and employment situation.

If your child is arrested for a sex crime in Jacksonville, contact a Jacksonville Juvenile Attorney immediately to discuss your child's rights.

Juveniles can be arrested just like adults, but they are taken to a youth jail as opposed to adult. They can be charged with any crime, including DUI, possession of drugs, sex crimes, and violent crimes. Depending on the specific crime alleged, the child can also be treated as an adult and receive adult sanctions. In Jacksonville, this is called "Direct File". It is in the state attorney's discretion whether or not a child is "direct filed". If your child is arrested in Jacksonville, you should contact a Jacksonville juvenile law firm to discuss your child's rights.

Our Jacksonville Juvenile Lawyers keep track of trends in crime in Florida. The Florida Department of Children and Families conducts a survey every year of juveniles in Florida. The children are asked a variety of questions about drug use and delinquent behavior. Here are some results from the 2010 survey:

Children who admitted to carrying a handgun - 5.1% of 9th graders, 5% of sophomores, 5% of juniors, and 5.1% of seniors.

Children who sold drugs - 7.7% of freshman, 9.4% of sophomores, 8.8% of juniors, and 8.3% of seniors.

Children who tried to steal a car - 2.9% of freshman, 2.5% of sophomore, 2.1% of juniors, 1.9% of seniors.

Children who were arrested - 5.2 % of freshman, 5.6% of sophomores, 5.3% of juniors, and 5% of seniors.

We are a Jacksonville Criminal Defense Firm and represent many people charged with drug crimes in Northeast Florida, even juveniles. When a juvenile is arrested in Jacksonville or anywhere in Florida, they are entitled to the same constitutional safeguards as adults. It is very important to consult with a competent juvenile criminal defense attorney in Jacksonville if your child finds him or herself arrested.

The Florida Department of Children and Families, among other duties, surveys juveniles all over Florida about drug and alcohol use. The Florida Youth Substance Abuse Survey questions Florida youth every year on a variety of topics. One topic is their alcohol and drug use. According to the 2010 survey, here are some of the responses:

Marijuana or Hash Use - 3.8% of 6th Graders, 9.7% of 7th Graders, 17.9% of 8th Graders, 25.9% of 9th Graders, 33.7% of 10th Graders, 36.9% of 11th Graders, and 40.7% of Seniors.

Cocaine or Crack Use - 1.1% of 6th Graders, 1.8% of 7th Graders, 2.4% of 8th Graders, 2.6% of 9th Graders, 3.3% of 10th Graders, 4.5% of 11th Graders, and 4.9% of Seniors.

Meth Use - 1% of 6th Graders, 1.4% of 7th Graders, 1.5% of 8th Graders, 1.4% of 9th Graders, 1.3% of Sophomores, .9% of Juniors, and 1.4% of Seniors.

As a Jacksonville Juvenile Lawyer, I can tell you that juvenile law is different than the adult criminal process.

If a child is arrested in Jacksonville, that child has certain rights. A juvenile criminal attorney is required at each stage of a juvenile proceeding. The juvenile has to be told of his right to counsel and if he or she wants to waive counsel, the court has to conduct an extensive inquiry to determine whether the child freely and intelligently made the waiver.

This "waiver" of counsel occurs only if the child had the opportunity to confer with a juvenile defense lawyer regarding:

1. the child's right to counsel
2. the consequences of waiving counsel
3. any other factors regarding the child's rights.

When conducting the inquiry of the child, the judge has to tell the juvenile the benefits he or she would give up and the danger of representing him or herself, determine whether the child's choice was voluntarily and intelligently made, and determine whether any unusual circumstances existed which would prevent the child from exercising the right to represent him or herself.

After the inquiry is conducted, the waiver has to be in writing and given to the court in the presence of a parent, legal guardian or custodian, or a Florida criminal defense attorney.