Jacksonville Criminal Attorney Blog

Sgt. Roderic Feacher, a police officer at JSO for 12 years, was suspended for 10 days without pay for a road rage incident in April. He was driving his personal car, not patrol car, and claims he was run off the road by another driver.

The JSO officer then followed the other driver, Charles Rowe, to his home. Feacher then got out of his car and identified himself as an officer, but was not in uniform, did not have a badge, did not have a gun, and did not have any law enforcement tools. Feacher ordered Rowe to come off his property many times and when Rowe rightly refused, accounts say Feacher threw 3 unprovoked punches with 2 of which hit Rowe. Witnesses also say Feacher choked Rowe.

The State Attorney's Office did not file criminal charges against Feacher, but JSO internal affairs reduced the battery reprimand to unbecoming conduct, improper action, and disorderly conduct. JSO Chief, Wayne Clark, said that Feacher's behavior "demonstrated gross incompetence". In his 12 years on the police force, Feacher has had 13 complaints against him and was ordered to counseling once in 2000.

Although he will receive a 10 day no-pay suspension, Feacher will not face jail time or a fine and will be able to resume his normal police duties. The average (non-police) citizen would have been arrested, at a minimum, for simple battery. A battery charge is when someone touches another person against their will or intentionally harms another. The average citizen would have been arrested, forced to pay a bond to be released from jail, and fight their case in court. The average citizen would have faced a year in jail and a large fine.

Feacher will be allowed to wear the uniform of authority, even though he has "demonstrated gross incompetence" and has been ordered to counseling in the past. He will be allowed to shoot an average citizen with immunity, as there has never been an unjustified police shooting in Jacksonville. Do we want police officers with bad tempers and bad judgment on the streets of Jacksonville, especially as a Sgt.?

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Jon Burge, a former homicide officer in Chicago, has been arrested in Florida for perjury and obstruction of justice for lying on official documents. It is believed that Burge tortured, beat, and choked suspects of crimes to get confessions in the 70's and 80's.

No criminal charges could be filed on the torture because the statute of limitations ran out on that charge. The statute of limitations is a time limit for prosecuting the crime. The reason we have time limits is to make sure the case is resolved while evidence is fresh and available.

Burge made a $250,000 bond.

If you have any questions about bail bonds or bond reductions in Jacksonville, call our Jacksonville Bond Reduction Attorneys at (904) 634-0900.

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The family of Artavious DeBose has filed notice of their intent to sue the City of Jacksonville for his fatal shooting by JSO. Police said DeBose, along with 3 other men, was fleeing from an armed robbery. DeBose was not armed with a gun or any other weapon.

The Jacksonville Sheriff's Office attorney says that police shootings are thoroughly reviewed and that it is too soon to file a lawsuit because the JSO internal review, Response to Resistance Hearing, has not yet been held.

What was not mentioned was that their has never been an unjustified police shooting in Jacksonville in its history. JSO officers have killed 11 people this year and shot a total of 21.

If you have any questions about criminal charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

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Jacksonville has become known for its shootings, particularly police shootings. Many people wonder what the legal standard for justifiable use of force by law enforcement is.

Under Florida law, a Jacksonville police officer can use any force the he or she reasonably believes necessary to defend himself or herself from bodily harm while making a lawful arrest.

That force, deadly or not, is also justified if the officer is capturing a felon who has escaped or arresting a felon who is fleeing.

The use of force by JSO is not justified if the arrest is not lawful.

In the history of Jacksonville, there has never been an unjustified police shooting.

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A 16 year-old Jacksonville Grand Theft Auto suspect who was running away from the police was shot on October 8th by Officer A.K. Hiers.

Florida law allows the police to use deadly force to "catch" a fleeing forcible felon. Officer Hiers chased Tyrone Taylor and said he felt threatened, but this time, we don't know what exactly made the officer feel threatened. Taylor was not armed with any weapon.

This is the 20th Jacksonville police shooting this year. There were 19 total in 2007. In Jacksonville's history, there has never been an unjustified police shooting.

If you have any questions about criminal charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

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Five correctional officers from Dade Correctional Institution have been arrested for attempting to traffic drugs inside the maximum security prison in Florida City. The FBI reports that Captain Jimmy Love Jr., Officer Dennard Flukler, Officer Alex Davis, Officer Ivis Grace, and Officer Shantavia Johnson conspired and attempted to sell drugs to inmates in the prison.

Each of these officers could be punished by serving 20 years in prison and be charged with a $250,000 fine.

All law enforcement officers, including correctional officers, have accepted a position to maintain law and order. When you are in the business of enforcing laws, you should be held to a higher standard in society when you break the laws you enforce on others.

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Posted In: Drug Crimes , Police

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A police officer in Polk County, Florida has been arrested for selling Oxycontin to a detective. Shawn Lucas, who was off-duty at the time, agreed to sell the detective 4.4 grams (15 pills) for $200.00. After the arrest, the detective found a loaded handgun in Lucas' car. He was charged with armed drug trafficking.

The crime of Trafficking in drugs in Florida has different levels depending on the type of drug and the amount of drugs possessed. In this case, because the weight of the Oxycontin is over 4 grams, it qualifies as a trafficking amount. If the amount possessed was over 4 grams, as in this case, there is a 3 year minimum mandatory prison sentence and a $50,000.00 fine. Possessing the gun will also enhance the possible punishment.

If you have any questions about drug charges in Jacksonville, call our Jacksonville Drug Attorneys at (904) 634-0900.

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A Florida police officer was arrested for Stalking, Official Misconduct, and Accessing Computers Without Authority in Gainesville. Adam Treinen is accused of acting like a University of Florida student to gain access to a real student's personal information on the university's computer network. Police say Treinen also used his restricted access to utilize databases only officers can see to conduct searches on the student and his ex-girlfriend. He is on administrative leave until further investigation can be completed.

To be convicted of Misdemeanor Stalking in Florida, the police officer would have to:

Willfully, maliciously, and repeatedly

follow, harass, or cyberstalk this student.

If convicted, the officer could face one year in jail.

If you have any questions about stalking charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

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A Gainesville police officer has been charged with DUI (Driving Under the Influence or Drunk Driving) Officer James Elliott has been placed on paid leave while the criminal charges are pending. The officer blew a .156 and .153, which is well over the legal limit for DUI in the state of Florida.

A fellow police officer saw Elliott "driving erratically" and pulled him over. In order for police to have the right to pull you over, they have to see you commit a traffic violation such as speeding or observe you driving in such a way to make him believe you are driving under the influence of alcohol or some type of drug.

If you have any questions about a DUI charge, call our Jacksonville DUI Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence , Police

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A Sanford, Florida police officer was arrested on August 11th for unlawful compensation for official behavior according to the Florida Department of Law Enforcement. Officer Chris McClendon is accused of using his position as a police officer to aid a Sanford car sale company in repossessing cars. In return for this "help", the officer's personal auto loan was forgiven. Officer McClendon is accused of receiving $8000.00 worth of unlawful compensation.

Under Florida law, unlawful compensation or reward for official behavior is a second degree felony and is punishable for up to 15 years in prison.

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A Sanford, Florida police officer was arrested on August 11th for unlawful compensation for official behavior according to the Florida Department of Law Enforcement. Officer Chris McClendon is accused of using his position as a police officer to aid a Sanford car sale company in repossessing cars. In return for this "help", the officer's personal auto loan was forgiven. Officer McClendon is accused of receiving $8000.00 worth of unlawful compensation.

Under Florida law, unlawful compensation or reward for official behavior is a second degree felony and is punishable for up to 15 years in prison.

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A Miami, Florida detective was suspended for three days after he pursued a relationship with the wife of a suspect he arrested. According to the Miami Herald, Detective Edward Hill arrested David Superville for his involvement in the murder of an electronics salesman. Police say Superville was hired by a jealous Brazilian businessman to follow the salesman.

Superville's criminal defense attorney believes the credibility of the detective is a major issue in the case. In particular, there is no physical evidence or eyewitness statements, just the word of a biased detective.

In criminal cases, the credibility of the police is a major issue. If you have any questions about police misconduct or credibility in a criminal case, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Police officers should be held to a higher standard than the average citizen. They have the power to take away your liberty, property, and life. There are many fine police officers in Jacksonville, Florida that want to make our city streets safe. There are also officers that abuse their immense power.

In 2003, three JSO officers were involved in abducting, robbing, and murdering Jacksonville resident, Sammi Safar. One of the officers worked off-duty at a Westside bank. He noticed that Safar made large cash transactions at the bank. These police officers pulled Safar over in, what looked like, a normal traffic stop. He was taken to R.L. Brown Elementary School where he was strangled in a police car by Karl Waldon.

Karl Waldon is serving life in the United States Penitentiary in Pollock, Louisiana.

Aric Sinclair is serving 17 years and 7 months in Federal Correctional Institution in Loretto, PA.

Jason Pough was sentenced to 5 years in prison and has been released.

In 2007, JSO officer, "Happy Cop" John Hairston, was convicted and sentenced for theft while on-duty. He was investigated because there were many reports that he kept money he found on drug dealers he pulled over while on duty. Police and FBI set up a sting and Hairston stole $3400.00 of bait money.

John Hairston was sentenced to 6 months and has now been released.

In 2008, JSO officer Shawn Pringle, while on-duty, committed sexual battery (rape). He was convicted of sexual battery and unlawful compensation. Shawn Pringle is serving 3 years in prison.

The one crime that a Jacksonville police officer has never been charged with is perjury. Under Florida law, if you make a false statement you know is untrue under oath in an official proceeding, like trial, you are facing up to 5 years in prison. Also, the officer's Arrest and Booking Report is a sworn affidavit that is notarized. Every officer who writes this report is swearing that its contents are true and correct.

With tremendous power comes tremendous responsibility. Let's hope that Jacksonville police officers tell the truth, not just under oath, but always.

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Last Friday at 7:30 a.m. on San Jose Blvd. towards downtown, there sat a JSO officer running radar. It was a clear morning, not a cloud in the sky, with working people headed to work. The question is:

Could that police officer be doing something else to reduce crime in Jacksonville, Florida?

Speeding working folks are not the problem here, the murder and violent crime rate is the problem. Every officer starts as a patrol officer and that is what they should go back to - patrolling.

When it rains, this officer is nowhere to be found. When there is an accident blocking traffic for miles, police officers are not around, the community patrol officers are there. Ticketing speeding working people may increase revenue, but is is not reducing crime in Jacksonville.

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Recently, a Duval County Assistant State Attorney felt threatened by a Jacksonville police officer. Assistant State Attorney, London Hairston, filed a verbal and written complaint with internal affairs against Officer Jason Lederman. She said the officer went on a tirade over a decision she made on a criminal case that left her frightened.

If you or someone you know has a complaint against a Jacksonville police officer for misconduct, contact the Jacksonville Sheriff's Office.

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Jacksonville undercover detectives busted one man and two women for offering sex for money on Craigslist.com. The police scheduled a session of massage after responding to an ad for massages. Police say they were then offered to have sex and a massage with two women for $300. They went to the house once, and then returned later that night. How many detectives and patrol officers were involved with this "operation"?

The three suspects are still in jail. The Florida Department of Corrections estimates an inmate's cost per day to be $52.06. While many inmates stay in jail beyond their next court date, if the three suspects get out of jail on their next court dates, the Jacksonville taxpayers will have paid $2550.94 just to keep these three non-violent offenders in jail. ($989.14 for Lunsford and Schein and $572.66 for Patterson) That amount does not include detectives salaries or gas consumption, not to mention valuable police presence being taken away from more pressing needs like the rising murder rate.

If you have any questions about criminal charges, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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The Jacksonville Sheriff's Office uses "bait cars" to tempt would-be car thieves in Duval County. These cars are equipped with a hidden camera and the police are able to control the ignition and car locks.

In the high-crime areas of Jacksonville, the police leave the car and radio turned on, keys in the ignition, and driver's door open. They wait until someone gets in the car and drives off. In about 30 seconds, the police disable the car and lock the doors. They pull their guns and arrest the suspects for Grand Theft Auto.

While the suspects are caught "red-handed", there are some potential issues with using the decoy car. What if the kill switch malfunctions and the suspect drives off in the Jacksonville city-owned car? Authorities in Dallas, Texas stopped its bait car program recently when the engine would not cut off and the suspect killed an 83 year-old driver in another car. The crash would not have occurred if the police had not created the theft in the first place. By using the bait car, the police are catching opportunists, not professional car thieves. This is not preventing cars from being stolen because when using the bait car, it is the bait car itself that is "stolen" over and over again.

If you have any questions about criminal charges, contact our Jacksonville Criminal Attorneys at (904) 634-0900.

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Jacksonville Mayor John Peyton has introduced his new budget and the Jacksonville Sheriff's Office gets $340.21 million, the largest amount. The goal, he says, is to fight the war on crime in Duval County with more resources.

Perhaps the police can use the resources they have more efficiently. For example, a police officer is patrolling in Mandarin and pulls someone over for speeding. It comes to the police officer's attention that the driver is driving on a suspended license. It is up to the officer to decide whether or not to arrest someone for a driving charge. More times than not, the officers in Jacksonville choose to arrest these non-violent offenders.

When he chooses to arrest the driver, the arrest process begins. The officer has to write a report, decide what to do with the "abandoned" car, drive the suspect to the Duval County Jail in downtown Jacksonville, and book the suspect. This process usually takes about 2 hours. In addition to the fact the jail now has another inmate to add to its large population, a Jacksonville police car has been out of commission for about two hours. The on-duty police officer is busy dealing with a non-violent driver instead of patrolling the streets looking more dangerous situations. In the past, the Jacksonville Sheriff's Office would have a van or a couple of vans driving around Jacksonville. When a patrol officer made an arrest, the van would pick up the suspect and deliver them and their paperwork to the jail. This one step allows the patrol officer to continue his patrol, while effectuating his arrest at the same time.

If you have any questions about criminal charges, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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The Jacksonville Journey wants to immediately increase the number of police officers in Jacksonville, Florida. They believe the presence of more police officers will be a deterrent to crime, improve our quality of life, and reduce the crime rate overall.

In reality, having more police officers on the street may increase crime. If you have more police, expect more arrests. If arrests increase, doesn't the crime rate increase too? It is a cause and effect relationship. Police rarely arrest someone who is in the middle of committing a crime. Police are often dispatched to crimes in progress, arriving minutes later. In many cases, victims of crime notify the police after the crime has occurred.

For this policy to be effective, we have to believe that people who commit crimes weigh all of the costs and benefits on their actions. Many people do not know about increased polic