Jacksonville Criminal Attorney Blog

Most crimes that occur have a "victim". If you are arrested in Jacksonville for any type of violence (Simple Battery, Domestic Battery, and Aggravated Battery), there will be a victim of violence. If you are arrested for theft crimes in Jacksonville, the owner of the items stolen will be a victim.

If you are arrested for a crime and property is damaged, the owner of the property is entitled to restitution. Restitution is compensation, reimbursement, or reparation for a loss caused to another. As a Jacksonville Criminal Defense Lawyer, some of the negotiated dispositions in our criminal cases include an order of restitution. Under Florida law, the court can order a defendant to pay restitution to a victim for:

1. Damage or loss caused directly or indirectly by the defendant's crime; and

2. Damage or loss related to the defendant's criminal episode.

A judge can deny restitution to a victim if the judge states clear and compelling reasons to not order it.

In any criminal case involving a "confession", a Jacksonville Criminal Defense Lawyer should first evaluate why and how the police interrogated their client. "Miranda Rights" came from a criminal case out of Arizona. In order to make sure confessions are voluntary, the police have to read the rights if they are questioning someone who is in custody.

The first analysis involves whether or not someone is in custody. The court must look to the totality of the circumstances as to whether or not a reasonable person would feel that his or her freedom of movement was restricted. To determine whether someone was in custody, the court has to determine whether there was a formal arrest or restraint on freedom of movement. The factors to look at are:

1. the way the police summoned the suspect for questioning.
2. the place and manner of the questioning.
3. the extent to which the suspect is confronted with evidence of his or her guilt.
4. whether the suspect is told that he or she is free to leave the place of questioning.

After the court determines the suspect was in custody, the next thing to determine is whether or not the suspect is adequately warned of his or her rights. If the suspect indicates in any way that he or she does not want to be questioned, the interrogation should not start or if it has begun, it should immediately stop. If the suspect states, in any way, that he or she wants the help of a Jacksonville Criminal Attorney, the police should stop the interrogation until a lawyer is present. Once a suspect requests a Florida Criminal Lawyer, the police can't begin questioning or reinitiate questioning until a criminal attorney is present.

Our Jacksonville Criminal Defense Attorneys represent people who have been arrested or have criminal charges pending primarily in Duval County, Clay County, and Nassau County. When someone has been arrested, a future court date will be scheduled and either the defendant or their Jacksonville Criminal Lawyer will have to attend. Our Florida Criminal Attorneys have our clients sign a "Waiver of Appearance". This document will allow our Clay County Defense Lawyers to appear before the court on behalf of the client.

If a defendant is not represented by a criminal attorney and they miss court, a capias could be issued. A capias in Jacksonville is considered a bench warrant, which means the judge (from the bench) is commanding the Jacksonville Sheriff's Office to bring the person to them. Usually, the capias will have some bond amount attached to it. This means if you are arrested on a capias in Jacksonville and there is a $5000.00 bond, you must post a bond for that amount to get out of jail while your case is pending.

People call our Jacksonville Criminal Law Firm all the time with questions about police searches. People usually ask whether or not JSO is allowed to search their car, home, etc.

Warrantless searches are generally not allowed by the police, but there are a few exceptions. Police can search you, your car, or your home if it is "incident" to your arrest. If you are arrested in your car, they can search it only if you are unsecured (not in handcuffs) and within reaching distance of the passenger compartment at the time of the search or when JSO has reason to believe evidence relevant to the crime might be found in your car. This search is allowed in the interest of officer safety and evidence preservation.

In a recent Florida criminal case, the 2nd District Court of Appeals found the police conducted a bad search when they found a gun in a locked glove box during a search of the suspect's car. The suspect was arrested for fleeing and eluding and was immediately separated from his car, put in handcuffs, and was being watched by police officers when his car was searched. There was no longer a threat to officer safety and the police could not have reasonably believed any evidence of the fleeing would be found in the glove compartment.

At the beginning of every criminal arrest in Jacksonville, the police try to get information out of the suspect. The police are taught and encouraged to lie in certain interrogations to get information.

When a suspect makes admissions to the police, those admissions have to be knowingly, freely, and voluntarily made. It is illegal for the police to threaten a suspect with violence and the police are not allowed to make direct or implied promises, however slight. That means they are not allowed to promise to make your case better if you talk.

The court, when determining whether a confession was legally obtained, must look at the totality of the circumstances to assess whether or not the confession was the result of a free and rational choice. If the officer induces the suspect to confess by using language that amounts to a threat or promise of benefit, the confession is untrustworthy and should be excluded. That is why it is so important to consult with a Northeast Florida Criminal Attorney as soon as possible after an arrest. A Jacksonville Criminal Defense Lawyer can look at your case and any alleged confession and determine whether or not it was freely and voluntarily made.

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".

When you are arrested in Jacksonville, you are entitled to go in front of a judge within 24 hours to review your detention. If you have been arrested for certain misdemeanors, such as petty theft, your bond is set by the jail. You can bond our prior to court and will get a future court date. If you have been arrested for domestic battery or DUI in Jacksonville, you will have to wait until you go before a judge to find out what your bond will be or if you are released on your own recognizance. (ROR)

The judge who is in first appearance can resolve misdemeanors only. That means if you want to enter a plea to the charge you were arrested for, you can. The judge or the assistant state attorney will make you an offer and you can enter a plea of no contest, a plea of guilty, or a plea of not guilty.

If you are facing felony charges in Jacksonville, you will also have to go before a judge to determine the terms of your release. The first appearance judge will not resolve any felony charges in that courtroom. You will be given a bond or released to come back on a future court date. During the time between your arrest date and your next court date, the state attorney's office will make a decision about what to do in your felony case. They can file the charges you were arrested for, bump the charges to a misdemeanor, drop the charges, or send you to a diversion program. That is why it is important to contact a Jacksonville criminal attorney as soon as possible.

As Jacksonville criminal attorneys, we are constantly visiting our clients at the Jacksonville Pretrial Detention Facility, better known as the jail. Criminal lawyers can see their clients face to face in a small room. If you are not a criminal defense attorney and want to visit an inmate in Jacksonville, you will see be behind a glass wall and will be able to communicate with a telephone.

Certain jails in our area have switched over to video visitation. Family and friends of the inmate will sit in front of a video monitor and conduct their visit. The monitor does not have to be at the jail and reduces the amount of traffic in the actual jail. This type of visit also reduces the chances of a visitor bringing contraband into the jail. Right now, St. Johns County Jail and Baker County Jail both have this technology.

Duval County jail has about 200 inmate visitors per day and is considering the video system. The system costs around $1.5 million.

When you are arrested in Jacksonville, you will eventually make it to the pretrial detention facility downtown. After you arrive, you will be formally booked in the jail. The booking officer on duty has to do certain things.

1. He or she has to tell you that you have the right to a Jacksonville criminal defense lawyer.

2. If you request a criminal lawyer in Jacksonville, but can't afford to hire one, he or she has to allow you to call the Jacksonville public defender's office.

3. If you request a Jacksonville criminal defense attorney and you can afford to hire one, he or she has to let you call that criminal lawyer.

When you are arrested in Jacksonville for any criminal infraction, unless your charge is dropped completely, you will probably have to pay a fine and court costs. Even violations of municipal ordinances require some type of monetary payment.

In Florida, fines for the following crimes cannot go above:

1. $15,000 for a life felony
2. $10,000 for a first or second degree felony
3. $5,000 for a third degree felony
4. $1,000 for a first degree misdemeanor
5. $500 for a second degree misdemeanor or non-criminal violation (municipal ordinance)

There are exceptions to these limits if the higher fine is spelled out in the Florida Statutes. If you are convicted of first DUI in Jacksonville, for example, the fines and court costs are around $1600. The fines for DUI (drunk driving or DWI) in Florida are set by the Florida Legislature and change periodically.

A New Port Richey man is going on trial for murder in Florida. The state attorney is seeking the death penalty and Allen Ditullio has many Nazi tattoos. His Florida criminal defense lawyer filed a motion with the court to allow the state of Florida to pay for a makeup artist to cover up the offensive tattoos. The court granted permission because the tattoos could influence the jury negatively, thus preventing Ditullio from receiving a fair trial.

In Jacksonville, it is rare for a judge to allow the defendant to cover up any tattoos, especially if the tattoos help identify the suspect. For example, a prosecutor in Florida can make a defendant stand up and show identifying features to the jury if they can show that the features are relevant in some way to the case. If a witness saw the defendant commit a crime and said he had a rose tattoo on his hand, that is relevant to show the identity of the perpetrator.

There is a Florida criminal case that was recently heard by the U.S. Supreme Court. The issue in the case is about how specific Miranda warnings have to be. If the police suspect you have committed a crime and are investigating you, they have to advise you of your rights. You have the right to remain silent, to have a lawyer present before any questioning begins, etc. The Court is considering expanding those rights.

The case that is before the Court is about a defendant who was convicted in Florida for illegal possession of a gun. The police told the defendant he had the right to talk to a lawyer before answering questions and if he couldn't afford a lawyer, one will be appointed to him before he was questioned. The Florida Supreme Court overturned the defendant's conviction because the Florida court found that he was not explicitly told he could have a Florida criminal defense lawyer with him DURING questioning. The Florida justices were concerned that suspects of criminal activity would not fully understand their right to have a criminal attorney there when they are being questioned by police.

The Supreme Court will make a decision in 2010.

If you are arrested in Jacksonville, the police have to advise you of these rights. DO NOT talk to the police without first talking to a Jacksonville criminal defense lawyer. The police are not there to help you if you are accused of a crime. Their job is to put you in jail.

When you are arrested in Northeast Florida, your criminal case begins. If you enter a plea of "not guilty" or bond out of jail, you will get a future court date. When you hire a private criminal attorney in Florida, that lawyer can get you to sign a piece of paper called a "Waiver of Appearance". That will allow the lawyer to waive your appearance at pretrial conferences, which are the court dates when your case is "passed" for your criminal attorney to complete the discovery process.

You will have to be present at certain court dates, such as motion hearings, jury selection, trial, and any disposition. Many of our clients ask whether or not it makes a difference to the judge if they go to the court dates when they don't have to. Usually the judge will not even think twice about a defendant not being present in court if their appearance is waived. If we as Jacksonville criminal attorneys feel that the client should be in court, we tell them.

When you are arrested in Jacksonville and the criminal charges are ultimately dropped, is that the end of things? When our Jacksonville Criminal Law Firm is able to get our client's charges dropped, clients then ask us if it is off their record. Their record will show that they have been arrested and the charges were dismissed. If it was their first time being arrested, they can usually have their record sealed and expunged. Just because the state attorney chose not to prosecute, you cannot be "unarrested". Even if they get the arrest sealed or expunged, they will still have to report the arrest to certain agencies, such as law enforcement agencies and educational agencies.

At our Jacksonville Criminal Defense Law Firm, we get many calls about withdrawing pleas. There is a system in place for those that have a legal basis to withdraw their pleas.

When you are arrested in Jacksonville and ultimately enter a plea to a charge, the judge must go over certain things with you. You have to have a full understanding of the charges against you, the minimum and maximum possible punishments, and all the evidence against you. You have to understand that you are giving up your right to have a trial, the right to have the state prove all charges against you, the right to cross-examine and confront witness against you, the right to call your own witnesses, etc. If you were not advised of these rights, there may be a basis to withdraw your plea.

Another basis to withdraw your plea when your plea was involuntary. That means you felt forced to enter the plea. A Jacksonville Attorney can discuss your rights with you further.

If you are arrested in Jacksonville or anywhere in Florida and enter a plea to the crime, the judge can either withhold adjudication or adjudicate you guilty. If the judge withholds adjudication, you are not convicted of the crime. If the judge adjudicates you guilty, you have been convicted.

The judge can withhold adjudication more than once if the crime is a misdemeanor. The only exception is a DUI because the legislature mandates an adjudication of guilt on every DUI in Florida.

If you were arrested for a felony in Florida and it is your first, the judge can withhold adjudication. If you are arrested again and enter a plea to a felony, the judge can withhold adjudication if he or she makes certain findings in writing. Under Florida law, you cannot receive a third withhold of adjudication on a felony. A Jacksonville criminal defense lawyer could explain this further.

In a criminal case, the assistant state attorney has discovery obligations. Part of the obligation is to provide the Jacksonville criminal attorney with every piece of evidence in the case, especially evidence that could exculpate the defendant. That includes all paperwork, witnesses, and physical evidence.

If the assistant state attorney neglects to give over this evidence, there can be a "Brady" violation. "Brady" is the name of a case in which the Florida Supreme Court set out a test to establish whether or not to impose sanctions on the prosecution. The defendant has the burden to show that favorable evidence was willfully or inadvertently suppressed by the State Attorney and because the evidence was material, the defendant was prejudiced. The judge can then take actions such as continuing an upcoming trial or exclude the evidence all together.

If your criminal case goes to trial, the very first thing that happens is jury selection. Both the prosecutor and the criminal defense lawyer get to question prospective jurors to ultimately pick the most fair jury to hear the case. Each lawyer gets peremptory challenges, which means the lawyers can strike a certain number of jurors for any reason other than race.

There is an analysis that takes place to determine if the striking of a juror by either lawyer is race, ethnic and/or gender neutral and genuine.

1. The lawyer objecting to the other side's use of a peremptory strike has to make a timely objection, show that the prospective juror is a member of a distinct racial group, and request a reason for the strike.

2. The lawyer that attempted to strike the juror must give a race-neutral explanation.

3. If the explanation is race-neutral on its face and the judge believes the reason is not a pretext, the strike is sustained.

There are many crimes in Florida that prohibit committing "nuisance" crimes. Here are some interesting ones:

1. You can't build a bonfire within 10 rods of a house or building. If you do, you can be arrested in Jacksonville for a second degree misdemeanor.

2. If you have a building that houses public entertainment, such as a theater or music venue, you have to have doors that open outward.

3. You can't own any store, warehouse, home, or structure where drugs are illegally kept, sold, or bought knowingly. If you do, you can be arrested for a third degree felony in Jacksonville.

4. You can't smoke in an elevator. If you do, you are committing a second degree misdemeanor.

Statute of Limitations is a legal term that means if a crime is committed, the government has a certain period of time to prosecute. That means if they think that you committed a crime, such as domestic battery in Jacksonville, the police and state attorney have to arrest and prosecute you within a certain time. Here are some of the time limits in Florida:

Second Degree Misdemeanor, such as reckless driving in Jacksonville: 1 year

First Degree Misdemeanor, such as DUI in Jacksonville: 2 years

Capital Felony, Life Felony, or Felony resulting in Death, such as sexual battery in Jacksonville: No time limit

First Degree Felony: 4 years

If the felony resulted in an injury to someone with a destructive device: 10 years

Most other felonies in Jacksonville: 3 years

The time limits run if you have not tried to evade capture and have stayed in Jacksonville during the period. You should contact a Jacksonville criminal defense attorney if you have questions about the statute of limitations in your criminal case.