Jacksonville Criminal Attorney Blog

There is a greater need for change in Florida’s juvenile justice system, beyond the significant strides our state has made in making changes to the system. For many of Jacksonville’s juveniles, the challenges Florida faces in transforming juvenile justice force juveniles to be harmed by a system that is intended to help.

One of the major changes to the Florida Juvenile Justice system is the attempted return to a state Juvenile Probation Officer (JPO) supervision model for juveniles returning home from a residential program, eliminating the highly successful Community-Based Intervention Services (CBIS) treatment model that has been implemented statewide for over half a decade. National research, as well as past experience with the JPO supervision model in Florida indicate that using state JPOs to supervise reentry youths is remains an largely ineffective model to prevent further reoffenders reentering the justice system.

The CBIS model, developed by DJJ, applicably combines case management, supervision and treatment, and uses local community organizations to see that the juvenile and their family are appropriately supported. Comparative statistical data shows this model has resulted in 76-92 percent of juveniles (varying somewhat by judicial circuit) being crime free one year after release from the program, compared to the 50-59 percent under the JPO supervision model.

Putting troubled juveniles into ever-more severe and life-shattering punishments that will change their perception of society for the worse goes against everything the juvenile justice system stands for, robbing these youth of opportunities to change their behavior rather than giving them ways of behaving that are more positive. Many states' emphasis on incarceration and punishment interferes with effective diversionary, treatment, and rehabilitation practices. Most states only rarely implement evidence-based diversionary practices, mental health and substance use treatment, and rehabilitation practices.

In Florida, some juvenile offenders are able to get into one such diversionary program known as Pre-trial Intervention (PTI). The PTI program is administered by the State of Florida through the Department of Corrections (DOC). Eligible individuals who enter into a PTI agreement will be required to participate in a supervised program similar to probation, except at the end of the intervention term, if all conditions are successfully completed, the charge will be dismissed.

Many times, juvenile Judges will create an option for sentencing that they feel may be more meaningful and beneficial personally to the child, and perhaps less costly in the long-run. For many, this may be military school, holding signs on public street corners, speaking at victim’s advocacy events, and even visiting a mortuary room in some extreme cases involving a possible death.

For many, these options may seem extreme; however, the consequences of the alternative, having one’s child sit in juvenile detention, may potentially hinder the child’s ability to change for the better, being a productive member of society who will be able to escape the chains of the legal system.

The key to obtaining a favorable outcome when young children and juveniles face criminal charges is thorough investigation of the circumstance of the offense. Through proper investigation, one’s experienced attorney can determine if the prosecution has satisfactory evidence to establish guilt, and if so, will be able to help the juvenile fashion a sentence which satisfies the requirement for punishment, but is beneficial to the juvenile’s rehabilitation.

Adolescents are involved in juvenile crimes every day. Not every one of those juveniles were intending to hurt anyone and are just teenagers making bad decisions. One in a situation like this should obtain an experienced Jacksonville juvenile crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected.

Continue reading "Florida’s Juvenile Justice System Making Changes To Better Benefit Troubled Youth" »

Colorado Juvenile Judge Scott Johansen offered the mother of 13-year-old daughter and defendant Kaytlen Lopan, a way to reduce her daughter's sentence. Kaytlen and her friend had befriended a 3-year-old girl at a McDonald's and then cut the little girl’s hair off with a pair of scissors. Judge Johansen had originally sentenced Kaytlen to 30 days in detention and 276 hours of community service, but later offered Kaytlen's mother, Valerie Bruno, a deal. If she used a pair of scissors to cut her teenage daughter's ponytail off immediately in the courtroom, he would reduce her sentence. Bruno cut off her daughter's ponytail, but later regretted it, filing a formal complaint against Johansen.

The juvenile justice system generally has jurisdiction over crimes committed by juveniles until their 18th birthday. Unknown to most is that the juvenile system is not exactly “criminal” at all, being more civil in nature. Should a child be prosecuted in Juvenile Court, the State Attorney and Judge have a number of available options to resolve a pending case, assuming that there are no possible defenses to the charge.

In Florida, there are many forms of alternative sentencing possibilities for juvenile offenders, including drug court, diversion programs and other sentencing measures that involve little or no incarceration time. Particularly for juvenile offenders in Jacksonville, there are many alternatives to jail time that can allow the juvenile to move on without the scars of a prison sentence.

In Florida, a “youthful offender” (YO) is any juvenile who is sentenced as such by the court or is classified as such by the Department of Corrections. There are two ways by which a defendant can become entitled to the benefits of the YO statute:
- the trial court can sentence the defendant as a YO, or
- the Department of Corrections can designate a defendant who was sentenced as an adult to be a YO.

Many times, juvenile Judges will create an option for sentencing that they feel may be more meaningful and beneficial personally to the child, and perhaps less costly in the long-run. For many, this may be military school, holding signs on public street corners, speaking at victim’s advocacy events, and even visiting a mortuary room in some extreme cases involving a possible death.

For many, these options may seem extreme; however, the consequences of the alternative, having one’s child sit in juvenile detention, or other options that may potentially hinder the child’s ability to change for the better.

The key to obtaining a favorable outcome when young children and juveniles face criminal charges is thorough investigation of the circumstance of the offense. Through proper investigation, one’s experienced attorney can determine if the prosecution has satisfactory evidence to establish guilt, and if so, will be able to help the juvenile fashion a sentence which satisfies the requirement for punishment, but is beneficial to the juvenile’s rehabilitation.

Adolescents are involved in incidents like this every day. Not every one of those individuals were intending to hurt anyone and are just teenagers making bad decisions. One in a situation like this should obtain an experienced Jacksonville juvenile crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected.

Continue reading "13-Year-Old Comprehends Eye-For-Eye Principle With Odd Juvenile-Sentence" »

Jacksonville’s residents sometimes experience times in their lives where they will be involved with the legal system, either being the victim of a crime or being the accused. However, if one is convicted of that crime, the punishment should not be unreasonable. If something like this has happened to someone, they should contact an experienced attorney to fight the case.

According to Warchant.com, James Wilder Jr., running-back for the FSU Seminoles, has been arrested for violating his probation. The violation stems from a blood alcohol test taken by Wilder, 20, prior to a court-ordered work camp day. Wilder had a .01 blood alcohol content according to his attorney Tim Jansen, which is below the normal legal limit for people under the age of 21. Wilder Jr. is being held without bond.

Jacksonville probation violation cases typically involve someone has wrongfully violated their probation. However, in this case, the purported violation is in many ways hard to prove . Many times in Jacksonville, people may have probation requirements that may seem odd; the difference is that the probation requirements are reasonably connected to the crime that occurred.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

- Reporting to a probation officer
- Community service hours
- Being Prohibited from alcohol consumption
- Restitution payments to victims
- Submitting to drug testing and treatment
- Letters of apology
- Obtaining a job
- Mental health evaluations
- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Being Prohibited from leaving the state

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. When a person violates that probation, they are not entitled to a monetary bond, even if the crime is a misdemeanor. When the accused goes before the Judge to explain his actions, the accused’s freedom merely hangs on what the Judge thinks about the case.

One problem that Wilder Jr. might face is his prior history with alcohol. This incident marks a new set of alcohol related charges that violated a probationary sentence for a previous misdemeanor. The Judge who initially presided over Wilder Jr.’s case will most likely see this type of violation as a message that Wilder Jr. is unwilling to change.

However, Wilder Jr. has many factors in his case that might prove to resolve his probation without any punishment at all. From the article, it is unclear whether Wilder Jr.’s blood test was done at random or if one of the work camp officials claimed Wilder Jr. smelled of alcohol. Furthermore, a number of different things could cause a .01 blood alcohol content, including swallowing mouthwash after brushing his teeth, that has alcohol in it, or using other normally hygiene-related products that might have alcohol in them.

At this point, there is reasonable doubt whether Wilder Jr. was actually drinking. With the help of an experienced Jacksonville probation violations defense attorney, even if Wilder Jr. had to plea to the violation, his experienced attorney could persuade the Judge to render a much lighter punishment that would involve counseling or a slightly longer probation, rather than just incarceration.

Continue reading "Florida State Running-back Arrested For Violating Probation" »

Jacksonville’s citizens, particularly its youth, make mistakes. Even though the child may have been aware enough of the event to understand what happened, a child may not understand their rights subsequent to that event. If one or one’s loved one has been in a situation like this, one should obtain an experienced attorney to fight the case and ensure their rights are protected.

According to the Florida Times Union, Cristian Fernandez may be subject to a psychologist’s examination and opinion of whether Fernandez understands his constitutional rights, before a Judge will decide on a suppression hearing. Cristian Fernandez was indicted for the sexual assault of his five-year-old half-brother, and the murder of his two-year old half-brother. If the Judge presiding allows a psychologist to interview Fernandez, the prosecution, as well as police, hopes the answers given in that interview will show that Fernandez understood his rights and thus, evidence that might hurt Fernandez would be admitted.

Jacksonville juvenile crimes cases tend to be simple and relatively quick cases to move through the system. However, in the case of Cristian Fernandez, his defense team is not going to give up so easily. The newest issues and possibly the most important to Fernandez’s case are the overarching questions: What exactly does Fernandez understand, and how does that knowledge effect his criminal prosecution?

If the police follow proper procedure by telling the accused their rights, and their attorney explains their rights, then the accused is typically assumed to have understood their rights under the Constitution at the time questioning begins. However, when the accused is barely a teenager, the question of what an adult would understand and what a child would understand comes into play, making one question what Fernandez might or might not understand about his rights.

A reasonable person given the circumstances must understand what one’s rights are before the police begin questioning and use the statements given against the accused in criminal prosecution. In this case, Fernandez’s defense team disagrees with the Prosecution’s take that Fernandez understood what he was saying, being asked, and his rights. Fernandez’s defense team says that a series of answers at the end of the interview proves that Fernandez did not know or understand his rights.

If you are in a situation such as this, do not settle for a mediocre defense attorney. Get an experienced Jacksonville juvenile crimes defense attorney who will fight your case with the best defense possible and the strongest will power available. One should not risk going to jail for a long period of time when an experienced attorney can make sure that their best defense is brought forth and their rights fought for.

Continue reading "Psychologist Exam May Show Cristian Fernandez Knows His Rights In Jacksonville Sexual Battery Case" »

Jacksonville’s citizens have mischievous ways about them at times and do things that are small violations of the law. However, when the time comes for the law to collect for those crimes, teenagers receive the blame. If someone or their child has been accused of a crime such as this, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to The Palm Beach Post, Brendan Riley Bell of Indiana has been charged with felony-burglary, felony-larceny and misdemeanor property damage in the trashing of Stanwood Higgins’ boat in the Florida Keys. Bell’s arrest came after a warrant was issued based on eye- witness accounts that Bell urinated on the captain’s chair of Higgins’ boat, dumped fishing tackle and equipment overboard, and then stole a security guard golf-cart, attempting to drive it into the ocean.

Jacksonville criminal mischief cases typically involve some sort of immature act that is not entirely serious in nature but at the same time, reflects some possible danger for the victim, either monetarily or physically. Unfortunately for Jacksonville’s juveniles is that they are blamed for many criminal mischief activities, even if there were none involved at all.
In this case, Bell has been charged with third-degree felony, a first-degree felony, and a first-degree misdemeanor, which, if convicted on all charges, could result in Bell going to prison for well over a decade. This is too long of a time for a young person to spend in jail when the evidence presented.

The police issued an arrest warrant based on one alleged eye witness who said they saw Bell urinate on the boat. Eye- witness accounts are easily mistakable and as such, the person accused of the crime is often not the person that the eye- witness testimony said it was. Bell was also allegedly on surveillance footage vandalizing the boat. However, just because someone fits a description on a video camera does not mean that they did the crime.

Furthermore, Higgins reportedly said to interviewers that he had never met Bell before, but that Bell had chosen the wrong boat to vandalize. This statement may not seem to be very important, but an experienced attorney might see this as a possible admission that Higgins might have the ability to maliciously prosecute Bell in order get even with him in criminal prosecution. Furthermore, the fact the in-state warrant issued for Bell’s arrest was amended very quickly to catch Bell in any state shows that Higgins might have heavily influenced the decision.

Many times throughout Jacksonville, accused people are subject to hunch theories that lead to their arrest and hassle in the court system. If one or one’s loved one has been the victim of such an arrest, one should obtain an experienced Jacksonville criminal mischief defense attorney to fight for one’s case and ensure one’s rights are known and protected.

Continue reading "Indiana Teen Accused of Trashing Florida Man’s Boat" »

Jacksonville’s youth and adults have addictions. Some can be as simple as tv shows or sportscenter. However, when that addiction causes problems with one being able to function in normal society or even private life, one’s life flips upside down. Much worse is the effects on one’s life when the addiction becomes a charge in the legal system. However, if one obtains an experienced attorney to fight for one’s case, one will have the best defense possible and can be sure that one can get the treatment one needs to move on and have a better drug free life.

According to the Bradenton-Herald, a substantial amount of Florida’s teenagers have popped up on the radar for charges of drug use. Many people know of teenagers’ recreational drug use in society and in many areas of society, this use is accepted. However, use of synthetic marijuana is and has been increasing in teenagers lives, having majorly detrimental effects on not only one’s personal life, but life in the legal system when these teenagers are accused of this use.

Jacksonville drug crimes that involve juveniles are typically cases of peer pressure. Most cases of drug use by minors involves their drug use starting out with very occasional marijuana use. However, this casual use springs into a full-fledged addiction for many of Florida’s adolescents. These addictions have some of the worst affects, particularly when their original drug of choice does not do the trick anymore.

Synthetic Marijuana, also known as K2, Serenity Now, Red Magic, Black Mamba, Mr. Sticky and other names, is typically sold over the counter in incense form. The packaging of this substance has labeled “Not for human consumption”, however, as most know, teenagers do not always follow warning labels. This substance causes hallucinations, increased anxiety, and according to some doctors, psychosis.

This substance was added to the list of controlled substances last year, as its effects over a long period of time can cause major damage to the heart, liver, and other areas of the body. The State is attempting to crack down on the mass use of this drug before it becomes as wide spread as other common drugs such as marijuana or cocaine. However, the State may not be kind to the drug’s unfortunate victims.

If one or one’s child has been accused of partaking in this illegal substance, one should obtain an experienced Jacksonville drug crimes attorney to fight for one’s case. One is already suffering from the harmful effects of an addiction; one should not suffer at the hands of the legal system as well. An experienced attorney can bring to light one’s struggle with addiction. One needs a help up, not a lock down.

Continue reading "Florida Teens Suffer At The Hands Of Synthetic Marijuana" »

Jacksonville’s youth have points in their lives where they feel that they must show the world who they are, in drastic measures sometimes. When that happens, a lot of times the action they chose to introduce them to attention is illegal. However, this does not mean that the child should be severely punished for an act of immaturity. One in this situation needs an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, a Terry Parker High School student has been charged with bringing a gun to the school campus. The charge came after an anonymous tip that the student was trying to sell a gun at the school. The school resource officer removed the student from his class, after which the gun fell out of the student’s pants leg.

Jacksonville juvenile crimes cases typically involve a child who is either abused, neglected, or needs to feel like they have the attention of those who would not normally give a glance towards that child. No matter what the particular circumstance, the accused typically either has a score to settle or has a message to be heard. However, should the child be punished severely for an immature statement?

Under Florida Statute 790.115, possession of a firearm at a school or at any school sanctioned event or property of the public school system is a third degree felony, punishable by up to five years in prison. This would seem like a smaller charge that the State would want to plea down and move on with, however, this may not be the case.

The State Attorney’s office has a very tough stance on crimes that are gun related. Particularly if a gun is brandished, the State will most likely not file tougher charges against the accused, but will also not be willing to settle. These actions are the result of the increase of gun crimes and Florida, which these crimes are now facing a backlash from the State.

In this case, the student told the school resource officer that he had found the gun near his home and just decided to bring it with him to school, without any other reason behind it. In situations like this, the legal system has left open a dilemma that should not exist. Here we have a child who through immaturity or other factors, has not thought about his actions and decided to go to school with a weapon. However, when that child goes before a Judge, that immaturity may not be considered.

If one or one’s child has been accused of such a crime, one should contact an experienced Jacksonville gun crimes attorney to fight for one’s case ensure one’s rights and future outside of prison is protected. In a situation like this, one should not take a chance with a Judge who does not know one’s case and know all of the mitigating factors that might lessen one’s sentence.

In this case, if one obtained an experienced attorney, one’s attorney could bring to light one’s lack of thinking and immaturity, which may show the Judge that one had no intent to commit a violent crime, and therefore, lessen the sentence to a probationary judgment or withhold of adjudication. One should not face bars at the dawn of one’s life. One should be free.

Continue reading "Jacksonville High School Student Charged With Bringing Gun To School" »

Jacksonville’s youth, particularly those who are disadvantaged mentally, do things that are violent and offensive. However, just because they have done something of this nature does not mean that they intentionally did it, nor does it mean that they are bad children. If one’s child has been charged with an offense such as this, one should contact an experienced attorney to fight for one’s case.

An eleven-year-old New Port Richey special education student lit a middle school child’s pants and arm with an aerosol can, the Florida-Times Union reports. The special education student lit a body spray stream on fire and aimed for the victim in the boy’s bathroom at the school. The offending child has been subsequently charged with aggravated battery.

Jacksonville juvenile crimes cases tend to air on the side of the intentional, as most cases involve a teenager who commits a crime such as a battery or other type of offense such as criminal mischief. However, occasionally, intent can have major pull on whether the offense charged will be the offense the juvenile is convicted of.

The accused child in this case has been charged with aggravated battery which is a second degree felony under Florida Statute 784.045. For a person to be convicted of the crime, one must have intentionally or knowingly caused great bodily harm, permanent disability, or permanent disability, or uses a deadly weapon. The statutory language will play a great role in whether this child will be convicted of the crime he was charged with, even more so in the plea deal that the State will most likely offer the child.

Some of our city’s mentally disabled children do not understand the consequence s of their actions. This lack of understanding allows for an experienced Jacksonville attorney to provide a defense to a child like this’ actions. In this particular case, an experienced attorney could argue that the child did not understand that the make-shift torch he created could cause bodily harm.

Further, under 784.045, permanent bodily harm or permanent disfigurement is required. In this particular case, the child that was hurt did not suffer permanent bodily harm or disfigurement from what can be gleaned from the article. What can be discerned is that the child’s pants caught fire and the child’s arm hair was singed off. Even though the child’s burns are unfortunate, the fact is that the child’s hair will grow back and no permanent damage was done.

Finally, under 784.045, if permanent bodily harm or permanent disfigurement is not satisfied, then the battery must have occurred with a deadly weapon. This may be a slight bit tougher for the attorney to beat, but may still be able to be beaten nevertheless. An attorney could make the argument that the lighter and aerosol can by themselves are not deadly weapons, and if the court allows this child to be found guilty because they believe the make-shift torch to be deadly weapon, then the court would be walking down a slippery slope to allowing pens or other objects to be considered deadly weapons when their common purpose is contrary to what they are being called.

Many times, the State Attorney’s Office will see a case like this as an easy every-day case to walk through and be done with, and will charge it as such. However, this is a mentally disabled child that they are dealing with. That child has rights that should be protected. An experienced Jacksonville juvenile crimes attorney can and will protect those rights.

Continue reading "Special Education Student Charged With Florida Aggravated Battery" »

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" »