Jacksonville Criminal Attorney Blog

Orlando police officer, Wendell Robey, has been arrested in Florida for grand theft, dealing in stolen property, and identity theft. The officer and his wife are accused of selling employee tickets to Disney World and Universal Studios on craiglist.com. Employees are given these tickets by the companies and are not for resale.

In order to convict Robey of Grand Theft in Florida, the state would have to prove that he knowingly took someone;s property with the intent to temporarily or permanently deprive them of the property. If the value of the property is over $300, the crime is a third degree felony punishable for up to 5 years in prison.

Dealing in Stolen Property is a second degree felony punishable by up to 15 years in prison. The prosecutor would have to prove Robey bought or sold property he knew or should have known was stolen.

Identity Theft, also called Criminal Use of Identification Information, is a multi-level felony in Florida. The prosecutor would have to prove Robey willfully and without authorization, fraudulently used the personal identification information of someone else without obtaining their consent. If the value received is less than $5000, this is a third degree felony punishable up to 5 years in prison.

If the value received is $5000 or more or if the suspect fraudulently used 10 or more people's information but less than 20, the crime is a second degree felony punishable to up to 15 years in prison. It also carries a 3 year minimum mandatory, which means if convicted, a suspect would have to spend 3 years in prison day for day.

If the value received is $50,000 or more or 20 up to 30 people got the their identities stolen, the suspect could receive up to 30 years in prison with a 5 year minimum mandatory.

A ten year minimum mandatory is applied if the value received is $100,000 or more or 30 or more people are victims of the ID theft in Florida.

A police lieutenant has been arrested in Flagler County for Elderly Abuse and battery. Robert Milstead has been a police officer for 32 years and has been with the Flagler Beach Police Department for 3 years. He is charged with yanking a disabled driver out of his car, putting him in handcuffs, and spraying him with pepper-spray during a traffic stop. The battery charge comes from another man who said Milstead used pepper-spray on him as well and called him racist names.

The Florida Department of Law Enforcement has been investigating these allegations and says they have other police officers who were witnesses.

A police officer in Lawtey, Florida has been arrested on felony charges. Kenyatta Sheffield was arrested for two counts of bribery and two counts of receiving unlawful compensation. When Sheffield pulled people over for speeding in Lawtey, which is what most officers in Bradford County spend their time doing, he would allegedly offer drivers a "special" payment option. Instead of paying the fine to the clerk of court, the officer would ask for cash on the spot and allegedly keep it. Over his career, Sheffield wrote about 200 traffic tickets.

As Jacksonville Traffic Lawyers, we represent many people who are written traffic citations and even arrested for traffic offenses in Jacksonville. If you are given a ticket, you can pay the ticket and will be assessed points on your license, go to traffic school, or fight the ticket in court. If you hire a Jacksonville Attorney to represent you on a ticket, the Jacksonville Lawyer will go to traffic court for you and try to get the ticket dismissed or at the very least, get NO points assessed on your license.

Officer Marc Garza has been arrested in Jacksonville for a second time. Garza has a pending felony charge of official misconduct and misdemeanor charge of filing false police reports. He is out of jail on a 150,000 bond in Jacksonville. The charges in the new arrest are aggravated battery, a second degree felony in Jacksonville and official misconduct, a third degree felony. Garza, a 15 year JSO officer, is now facing three felonies in Jacksonville and one misdemeanor.

In the new felony battery charge, Garza is accused of beating a handcuffed suspect in the back of a patrol car. The suspect was arrested for possession of cocaine, battery on a law enforcement officer, and resisting an officer with violence in Jacksonville. The suspect was reportedly repeatedly struck in the head by Garza causing a 2 inch cut. The suspect had to be taken to the hospital where he received staples for his injury.

The Florida Department of Law Enforcement keeps track of crime data all over our state. The department tracks arrest data, reported crimes, and information about police officers.

In 2009, many law enforcement officers were assaulted or battered while in the line of duty. Here are the numbers of officers assaulted over the last 3 years without injury:

6449 in 2007
6103 in 2008
5709 in 2009

Here are the numbers of officers battered with injury for the past 3 years:

1995 in 2007
1998 in 2008
1791 in 2009

JSO officer, Marcus Kilpatrick, will be fired after entering a plea to culpable negligence in Jacksonville. This was a misdemeanor and he was sentenced to probation and community service. Kilpatrick was going 98 miles per hour in a 40 mph zone, supposedly chasing a car for improper window tint, and killed a citizen in a traffic wreck.

Kilpatrick was originally additionally arrested in Jacksonville for lying to law enforcement and failure to use due care, but those charges were dropped by the state attorney's office. Witnesses at the scene told the Florida Highway Patrol that he did not have his lights or sirens on, but after the accident turned them on. Kilpatrick told the FHP he had his lights on the whole time.

Kilpatrick was not sentenced to ANY jail time and as long as he completes his probation, will be "punished" no more.

At our Jacksonville Criminal Law Firm, many of our cases begin with our client talking to the police. Some criminal clients invoke their right to remain silent, but a majority do talk to the police and try to explain their side of the story. Talking to the police is almost always a detriment to a criminal suspect. The police wear handcuffs for a reason. Their job is to put you in jail.

Recently, there was a suspect shot by police at the Wendy's on Baymeadows Road. Police shot 42 times in a carjacked car that had 3 innocents in it as well as the suspect. Two of the innocents, one child, are in the hospital with gunshot wounds at the hands of these police officers. Baymeadows Road was shut down for around 8 hours so an investigation could be conducted. Not an investigation about the carjacking, the suspect was dead. Law enforcement was supposed to be investigating the police shooting.

Today is 6 days after the incident and the police officers who shot into the car still have not given a formal statement about what happened. They "lawyered up". They will not talk to any law enforcement agency without discussing the case in detail with their union attorney.

When police interrogate civilian suspects, they almost always tell them to simply tell the truth. "If you don't have anything to hide, why wouldn't you talk to us?" is the line that is commonly used by police. If this is true, why don't the police officers involved in a police shooting simply "tell the truth".

As a Jacksonville criminal lawyer who whose practice is 100% criminal defense, I am constantly dealing with police officers who have made decisions about my client's liberty and life. Police officers are one of the few class of people in our society who can kill you with virtual immunity and it is of vital importance that the men and women who wear the uniform be of sound mind and temperament.

JSO officer, Darin Bickle, has received a reprimand for unbecoming conduct and abuse of authority. He was mad at a Lowe's employee about the warranty on his pressure washer. When Bickle did not get his way, he told the employee he was a police officer, yelled, and pointed his finger in the employee's face. Bickle told the employee he is a police officer who helps people and this employee was about to help him. Bickle admitted he was out of control.

This is not Bickle's first problem at work. He was cited for incompetency 2 years ago and did not take appropriate action last year.

A police officer who gets "out of control" about a pressure washer has no business walking the streets of Jacksonville with a gun and the power to use it. What if he was in a high stress situation and loses control again?

Another JSO officer has been arrested in Jacksonville. Arnold Sharkey is accused of aggravated assault with a deadly weapon and aggravated domestic assault. Both are third degree felonies punishable for up to 5 years in prison. The alleged victim, Sharkey's wife, told police he waited for her to leave work. Her brother picked her up and Sharkey allegedly pulled in front of them and started swerving back and forth blocking their way. Sharkey then made a u-turn, getting behind them and used his car to hit the rear corner of their vehicle. His wife then told police that he struck their car again twice and flipped his car in a ditch. Sharkey's wife's brother gave the same story to police. Upon being questioned, Sharkey told police he was in "big trouble".

The state attorney's office has not made a decision about what to file, if anything, against Sharkey. When someone is arrested for a felony in Jacksonville, the state attorney's office has discretion on what criminal charges to bring. The state can elect to file the exact charges someone is arrested for, can reduce the charge to a misdemeanor, or drop the criminal charges all together. That is why it is important to contact a Jacksonville Felony Attorney as soon as possible after you are arrested in Jacksonville.

There are now 4 JSO officers facing pending felony charges in Jacksonville.

An Avon Park police officer has been adjudicated guilty of a felony and sentenced to a year in jail. Adam Willis entered a plea to grand theft after he was arrested for taking a wallet from an unlocked car while he was on duty to protect the citizens of Florida.

There are many levels of theft crimes in Jacksonville and in all of Florida. A theft is committed if you knowingly obtain, use, or try to obtain property that belongs to someone else with the intent to permanently or temporarily deprive them of it. Depending on the value of the property, the crime can be a felony or a misdemeanor. If the value is under $300.00, it is a misdemeanor. If the value is over $300.00, it will be considered a felony grand theft.

As a Jacksonville Driving Lawyer, I have represented people charged with all kinds of driving infractions, from driving on a suspended license to DUI. The most common driving charge is a civil traffic infraction, such as speeding or careless driving.

A Florida Highway Patrol trooper has been arrested for writing hundreds of fake tickets to up his quota. Paul Lawrence was arrested in Miami for official misconduct, which is a third degree felony in Florida. Many of the tickets have been dismissed and authorities are searching for more. Many of the fake tickets issued did not have the driver's signature. The victims were people Lawrence had pulled over in the past and because he had their information, it made the scam easier.

Two JSO police officers have been arrested for lying. Sgt. Marc Garza and Off. David Cervone were arrested on Tuesday for official misconduct, a third degree felony, and falsely reporting the commission of a crime, a first degree misdemeanor.

They wanted to get into what they believed was a drug house, but no one answered the door. They attempted to use a technique called "Knock and Talk". This is when JSO does not have a warrant, but knock on someone's door to try to get consent to search the house. When the person refuses to let them in, the police inevitably smell the odor of burnt marijuana or see drugs, paraphernalia, or a weapon in plain sight. This makes it easier for the police to search the house.

In the case of Garza and Cervone, since no one was home, Garza is accused of moving an air conditioning unit and his officers entered the house without a warrant. Neither of the officers has been charged with burglary in Jacksonville, but they should be. In order to sustain a charge of burglary, the officers had to enter the house with the intent to commit a crime therein. The crime the officers intended to commit was official misconduct. Police are not allowed to enter a home without a warrant and these officers clearly did not have one. These officers then went further. They intentionally falsified a police report by stating that a woman flagged them down and reported that she saw someone break into the house. There was no such woman.

All of these officer's cases are now subject to scrutiny. How many other citizens have they arrested under false pretenses?

JSO police officer, James Toner, was arrested in Neptune Beach for false imprisonment and simple battery earlier this week. Police were dispatched to Pete's Bar in reference to a disturbance. When they arrived, the alleged victim was handcuffed in the rear and Toner was standing over him. The victim told police that the officer approached him and asked if he could buy cocaine from him. They started to argue and Pete's bouncer told Toner to leave. Toner was escorted out of the bar and Toner allegedly hit the victim several times on the head while yelling at him. While the victim was lying in the middle of 1st St., Toner allegedly put the victim in handcuffs and put him in Toner's patrol car. There were 3 witnesses who saw Toner hitting the victim and putting him in his patrol car.

Toner drove his patrol car up to the bar where he consumed alcohol. He was also carrying a gun on his person while, according to Neptune Beach Police, he was intoxicated. Before going to the bar, Toner was at a restaurant.

If a normal citizen is arrested for a felony, the police will seize anything used in the commission of that felony. False imprisonment is a felony in Jacksonville and anywhere in Florida. A non-officer would have had his car seized and the gun placed in the property room. Toner's weapon was released to JSO and so was his car.

JSO officer, Marcus Kilpatrick, has entered a plea to the criminal charge of culpable negligence following the accident he caused which killed a man. He was placed on probation in Jacksonville to perform community service hours.

Kilpatrick was originally arrested in Jacksonville for falsely reporting to law enforcement. Witnesses at the scene of the accident say Kilpatrick did not have his lights on when he was traveling at a high rate of speed that led to the accident. Witnesses say he turned on his lights after the wreck and told the Florida Highway Patrol that his lights were on the whole time.

In his criminal case, the state attorney's office listed 20 category A witnesses. Category A witnesses are people who have direct knowledge and evidence in the case. Only one of these "A" witnesses was a JSO officer. All the others are citizens and Florida Highway Patrol. The state attorney's office decided to drop the charge of lying to law enforcement and instead opted to pursue culpable negligence for him not having his lights on while going so fast pursuing someone for window tint.

In Jacksonville, JSO officers have been convicted of murder, rape, and theft, but never for lying. In this case, Kilpatrick almost assuredly lied and it is amazing that he was not prosecuted. As Jacksonville Criminal Defense Attorneys, we have our clients prosecuted by the same office with less evidence. If Kilpatrick was not a police officer at the time of this vehicular homicide, the results may have been different. Police officers should be held to the same standard, if not a higher one, as the rest of the public. Officers have the discretion to take away liberty and life and there should be no question about their integrity and honesty.

Kilpatrick is still employed as a JSO officer for now.

Normally, if a citizen wants to report a crime in Jacksonville, he or she has to call and wait for the police to report to the scene. The Jacksonville Sheriff's Office now has an online crime reporting site. Citizens can only report certain kinds of crimes on this system. They are:

Petty Theft in Jacksonville
Grand Theft Auto in Jacksonville
Burglary to a Conveyance (car) in Jacksonville
Criminal Mischief

If you can identify the suspect of the crime, you can't use this system. Apparently, you can only use it if you have no idea who committed the crime. You also have to submit your email address. The same rules about falsely reporting a crime apply to this online system. As Jacksonville criminal defense lawyers, we have many cases where the "victim" of a crime recants after our client is arrested. The state attorney's office rarely does, but can charge these "victims" with falsely reporting a crime.

A police officer in Sumter County, Florida was arrested this past Thanksgiving weekend for DUI in Marion County. Police say that Benjamin Muecke was swerving on the road and was driving a card with an expired tag. After being pulled over, police say Muecke had a strong odor of alcohol on his breath and had red and watery eyes. He also reportedly struggled with getting his driver's license and registration. After completing the field sobriety exercises, he was arrested for DUI.

Many DUI arrests in Jacksonville begin with police pulling a car over for some traffic infraction. Police have to have a "reasonable suspicion" that a suspect has committed a traffic offense. Once they pull you over, in almost every DUI arrest and booking report, police observe red/bloodshot/watery eyes, the moderate/strong odor of alcohol coming from the suspect's breath, and slurred/thick-tongued/stuttered speech. If these things are noted by the officer, that gives him reasonable suspicion to request that the suspect perform field sobriety exercises. If the suspect refuses, they will most likely be arrested for DUI and the refusal can be used against the suspect. If the suspect does not perform up to the officer's standard, they will be arrested for DUI if the officer thinks he has probable cause for arrest. A Jacksonville DUI attorney can analyze every step of your DUI arrest to make sure the police used proper procedure. If they did not, the Florida DUI attorney could attempt to suppress evidence and that could lead to the DUI being dropped or reduced to a lesser charge such as reckless driving.

An evidence technician was arrested in St, Johns County yesterday for grand theft and official misconduct. Officer Paul Robinson is accused of stealing the drugs he was in charge of collecting from recent arrests. Evidence technicians are supposed to take pictures, look for fingerprints, and collect evidence. After the evidence is collected, they are supposed to take it to the property room where they are held. Many of the drugs allegedly stolen by Robinson are said to be pills.

A then-pregnant woman who was arrested at an ER in Jacksonville can sue the police officer for an illegal arrest. Melanie Williams was arrested in 2005 for fleeing and eluding a police officer and reckless driving in Jacksonville. She was bleeding and felt as if she was going to pass out. As she was driving, police say she ran a red light. After pulling over, she told the officer she was sick and drove to the hospital. Police followed and then arrested her at the scene.

The felony charge of fleeing and eluding an officer and the misdemeanor charge of reckless driving were dropped shortly after her arrest. When you are arrested in Jacksonville, the state attorney's office makes a decision on what to do. They can file the case as charged, reduce the charges to lesser crimes, or drop the charges all together. Both the police and the state attorney's office have great power and discretion over people's liberty.

An officer in St. Marys, Georgia has been fired for inappropriate behavior on Facebook. This is not the first time the officer, Robert Godley, has been in trouble. When he applied at the St. Marys police department, he did not disclose his prior misconduct at other law enforcement positions.

One law enforcement position was a security officer at Kings Bay. Godley was fired from there because he looked at pornography while on duty and the porn he was viewing on work time took him to a child pornography site.

Godley was also told to step down in Arizona as a police officer after a woman accused him of stalking her.

Police officers have a very important job to do and should be held to the highest standards. Officers can kill you and take away your liberty with virtual immunity. Hopefully, all of this officer's arrests were legitimate.

Taser International, the company that manufactures the "Taser", has now introduced a new product to law enforcement. It is a device that records, both by video and audio, an officer's entire shift. The camera is worn like a Bluetooth on your ear.

In theory, the police would pick up the recorder at the beginning of their shift and at the end, download the entire day onto a database. Taser claims that the video cannot be deleted, but can be viewed and "managed" by the officer.

Some police officers in Jacksonville have cameras on the dash of their police cars. It is not known how particular officers get picked to have the cameras, but the majority of the officers with cameras are DUI officers. If you are arrested for DUI in Jacksonville by a DUI officer, it is likely that you are captured on video. Even if the officer has a camera, it sometimes "malfunctions". In my experience as a DUI Lawyer in Jacksonville, when there is no video in a DUI case, the officer will not even attempt to have the "problem" fixed. They claim that the camera just malfunctions sometimes.