Jacksonville Criminal Attorney Blog

Robberies tend to be some of the less brazen and more quiet of offenses, being most of the time at night and with the least amount of witnesses possible. However, some robberies are becoming more common place and during the day. If one has been charged with a crime such as this, one should contact an experienced attorney to fight for one’s case and bring to light defenses that one may not know about otherwise.

According to the Florida Times-Union, a Boost Mobile sales clerk was shot at the Boost Mobile retail store on Kings Rd. The incident occurred around 5pm. A still unidentified man walked into the store, demanded money, and when the clerk confronted the man, the robber shot him in the arm.

Jacksonville theft crimes are very common in kind and in practice. Most involve a smaller store, such as a gas station, an identifiable target, and a weapon. However, most of these crimes have one major problem that is inescapable: security-cameras. Security cameras have been the major culprit for why robberies have been solved and in a reasonably short amount of time. However, robbers know this and have taken steps to combat the problem.

Most robbers now were masks, as most know. However, there is an increasing problem as to identifying the robber. If, for instance, a person robs a store with an average height, average build, and is masked, and possibly is wearing baggy clothing, and the police have no opportunity to know whether the robber has facial hair, what color skin the person has, or any identifying marks, then, in a sense, the robber is now a ghost.

This growing problem of identifying suspects is becoming an issue with false identification. Many people who might match one or two characteristics of a robber might be subject to police questioning or even possibly an arrest. Some happen to be in the wrong place at the wrong time. However, just because you have been arrested for a crime you didn’t do, doesn’t mean that there is no hope.

An experienced Jacksonville theft crimes attorney can provide one the best defense possible to fight for one’s case and have the truth of one’s innocence brought to light. Being falsely identified by the legal system can be one of the most horrifying things possible, especially when one’s job might be on the line or reputation in the community.

You should not have to go down for a charge that you were not involved in. Just because someone else made a mistake, does not mean you have to live with the consequences. If you know you have been falsely accused of a criminal charge such as a theft crime, do the right thing. Do the smart thing. Contact an experienced attorney to fight for your case and ensure that the charges against you are dropped.

Continue reading "False Identification Defense To Boost Mobile Store Robbery in Jacksonville" »

Jacksonville, like many cities throughout the United States, have very sophisticated K-9 units, trained to sniff the slightest smells of drugs and other illegal contraband. However, these highly trained animals are causing some constitutional controversy. This controversy is currently making it’s way to the Supreme Court.

According to The Wall Street Journal, Joelis Jardines was arrested for possession of marijuana plants in his home. The arrest came after the police had received an unverified “crime-stoppers” tip that Jardines was growing marijuana in his home. The police brought a drug dog to the door, the dog smelled drugs, and almost solely on the dog’s alert, the police obtained a search warrant.

Warrant cases in Jacksonville can range from bad arrest warrants, improper search warrants, searching the wrong address with a search warrant, and more. No matter the particular warrant case, one should seek an experienced attorney to mount one’s case and make sure one’s constitutional rights are protected.

There are many different types of warrants, but all focus around one particular theme; there must be probable cause for the police to obtain the warrant, be it for searching one’s house, arresting someone, or tracking someone down.

The main theme for the controversy however, is where that probable cause comes from. Under the 4th amendment of the U.S. Constitution, citizens of the United States have “the right...to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...shall not be violated, and no Warrants shall issue, but upon probable cause...”

This means that not only can a person’s house and personal items not be searched without probable cause, but that these are the strongest of one’s 4th amendment rights. People have the right to feel protected in their homes without having police intrude on them unreasonably.

In Jardines’ case, the police had no evidence to obtain probable cause to get the search warrant they had, except for the drug dog’s alert. Police have been able to get around entering one’s home through this manner, because neither the police nor the dog actually enters one’s home.

This is not the only manner in which police have obtained probable cause for search warrants. In one major case, police used a thermal imaging device to see into the home of a suspect the police believed was growing marijuana. The thermal imaging device has since been struck down by the courts as a violation of one’s rights to unreasonable search.

Continue reading "Supreme Court May Change Drug Dog Use For Search Warrants In Jacksonville" »

America is a country of immigrants and as the years have passed, more and more has been made of being in the country "legally" or "illegally."

Sadly, this has had an impact on people charged with crimes and who are dealing with the consequences. For people not born in the United States, a simple conviction can put in jeopardy their status in the country.

Even something as simple and seemingly minor as a drug arrest in Jacksonville can lead to a possible deportation. That's why fighting a criminal charge is so important. There are many consequences beyond a conviction and a possible jail or prison sentence. Any person can face tangential sanctions if they are convicted of a crime.

One such case discovered by Jacksonville criminal defense lawyers is that of Moncrieffe v. Holder Jr. out of Georgia.

In this case, a man who is a native of Jamaica, but who entered the country legally in 1984 when he was 3, was arrested and eventually pleaded guilty to a charge of possession of marijuana with intent to distribute in 2008. He was sentenced to five years probation.

The Department of Homeland Security discovered the plea and took action to remoce him under federal immigration laws, saying that the controlled substance offense made him an "aggravated felon" because the conviction was considered a "drug trafficking crime." A judge ruled that the state conviction was essentially equal to a federal felony and that the man was subject to removal from the country.

An appeals court looked at the case and agreed with the lower court. It found that "drug trafficking crimes" are considered "aggravated felonies" even if the state crime is a misdemeanor. The appeals court ruled that the defendant had the responsibility in immigration court to prove that his conduct was only misdemeanor in nature.

Immigrants, even those who entered the country legally as this man did some 25 years ago, must also consider the consequences of a conviction or a plea. It is a burden they have that American citizens do not.

But that's something that must be part of the discussion with a Jacksonville criminal defense lawyer. All things must be taken into consideration when someone decides to enter into a plea agreement with the state. That is magnified for an immigrant.

In many cases, that's why going to trial and taking an aggressive approach to the case is the best bet. There is always the chance of a not guilty verdict at trial or a conviction on a less-serious charge that can keep a person in the country. A plea only guarantees the charge to which a person agrees to plead.

Continue reading "Moncrieffe v. Holder Jr. Shows That a Jacksonville Conviction Can Have Immigration Implications" »

Many Jacksonville criminal defense lawyers would admit that it's not the suit they choose to wear or the questions and presentation they make, but who sits on a jury that is the most important aspect of a criminal trial.

Whether it's a case of a Jacksonville sex crime or an allegation of theft in Jacksonville, the six or 12 people chosen to sit on the jury and decide the defendant's guilt or innocence play an extremely important role.

They are called on to make an important decision regarding a person's future and must have all the facts. But what is said to them and how the court handles questioning are important in making sure the defendant gets a fair trial.

In the case of Lamb v. Alabama, critical mistakes led to justice not being done.

In this case, the defendant, James Beauford Lamb Jr., appealed his conviction of first-degree sexual abuse. During trial, the jury delivered two inconsistent verdicts as to the sexual abuse charge. The written verdict on a form given to them in the jury room found him "not guilty." In court, when polled, jurors said he was "guilty."

The jury was discharged from its duty, and under Alabama case law once a jury is discharged, it cannot be reconvened. An appeals court dismissed the defendant's appeal, but the Alabama Supreme Court ruled that the judge's decision to try to amend the "not guilty" verdict wasn't proper.

The jurors were already discharged, having left the presence of the court and were called back by the judge. The Alabama Supreme Court decided that the actions of the judge amounted to double jeopardy and shouldn't be allowed.

Even more strange about this case is that the judge was able to find only seven of the 12 jurors. When they discussed the case, that portion of the jury -- not the jury as a whole -- decided that they had meant for count two, the first-degree sexual abuse charge, to be guilty, but for count four -- a second-degree sexual abuse charge -- to be not guilty. The foreman in court mixed them up.

Looking back, the interesting part of the entire situation, once a jury has been dismissed, they are done. Their service has ended and anything that they were needed for should have been handled before then. For a judge to make decisions about the guilt or innocence of a defendant with only a portion of the jurors recalled and others not present is unjust.

It's a good thing one court in Alabama had the sense to shut down this verdict. And cases like this show that how a jury is handled and what is said to them is of extreme importance. They are not lawyers, but common citizens who may be intimidated once they step into a courtroom. They trust the judge and may be skeptical of the lawyers. If a defense lawyer doesn't stand up for his client, what the judge says can taint the jury and run over the defendant's rights.

Continue reading "All Aspects of a Jacksonville Jury Trial Critical, Lamb v. Alabama Shows" »

Recently, a man was arrested in Jacksonville for a burglary after being stopped by the Jacksonville Sheriff's Office for not having a light on his bicycle. The Florida Times Union reported that Joshua Emmanuel Jones was arrested after being stopped on his bike at night. Police searched the bag that was on him and found items that had been reported stolen from a woman's apartment a few days ago.

This type of "traffic" stop is common for Jacksonville police, but only in certain areas of town. When someone in Jacksonville rides a bike without a light on after dark, that is a civil traffic infraction. The Jacksonville Sheriff's Office can pull you over for not having the light. Once the officer stops you, he or she is supposed to write you a citation and be on their way. Unfortunately, most officers don't stop there. As a Jacksonville Criminal Attorney, I have read many arrest and booking reports where the arrest began with this kind of stop. Many of these reports claim that the person who was stopped consented to a search of their person or their bags. Our Jacksonville Criminal Defense clients often tell us they never consented to any type of search, the officer just did it. If JSO finds drugs or a gun, they have the basis for an arrest for all kinds of crimes, such as possession of a controlled substance or carrying a concealed firearm.

Many people in Jacksonville ride their bicycles at the beaches, but few are cited for riding without a light. The great majority of people who are cited for this are in the Northside and Downtown areas. If JSO wants to protect the safety of bike riders by enforcing law making them have a light on their bikes, they should cite people around the city, not just in places they think they can eventually make more arrests.

When you are detained by law enforcement or are arrested in Jacksonville or anywhere in Florida, you have the right to remain silent. Often referred to as your "Miranda Rights", if an officer is trying to get information out of you, he or she has to read you these rights. They are:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

Your right to remain silent is taken very seriously in the criminal justice system. If you ask for an criminal attorney before or during a police interrogation, the officer must stop all questioning and make an attempt to get you a criminal defense lawyer.

If you have a trial and force the state of Florida to prove the charges against you, the prosecutor cannot make a comment on your right to remain silent. They must not mention your invoking your right because it could impair your right to a fair trial. The due process clause of the Florida Constitution prohibits comments on a defendant's post-arrest silence regardless of whether the "Miranda" warnings were given.

If you have been arrested in Jacksonville, Clay County, or Nassau County and have questions about your detention, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900 begin_of_the_skype_highlighting              (904) 634-0900      end_of_the_skype_highlighting for a free consultation.

Our Jacksonville Criminal Defense Law Firm has represented many people charged with violent crimes, such as Domestic Battery, Aggravated Battery, Simple Battery, and Assault. When someone is arrested for a violent crime, the defense of self-defense may be an issue.

In Florida, any person who is not engaged in illegal activity and who is attached in any place where he or she has a right to be has no duty to retreat. That person has the right to stand his or her ground and meet force with force. This includes deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Reasonable fear of "great bodily harm" is sufficient to justify the use of deadly force when the person against whom the force was used was in the process of illegally and forcefully entering, or had illegally and forcefully entered, a home or occupied car, or if that person had removed or was attempting to remove another against that person's will from a home or occupied car.

If you have been arrested for a violent crime and believe you were defending yourself, you should contact a Jacksonville Self Defense Attorney to discuss your rights.

We all have heard of the "insanity defense", but what does it really mean in Florida? Claiming the defendant was insane at the time of a criminal offense is considered an affirmative defense, meaning the defendant is asserting it.

If the insanity defense is claimed in trial, a jury must determine whether the person was insane. Under Florida law, a person is to be considered insane when:

1. He or she had a mental infirmity, disease, or defect.

2. Because of this condition

a. he or she did not know what he or she was doing or its consequences or

b. although he or she know what he or she was doing and its consequences, he or she did not know it was wrong.

A defendant who believed what he or she was doing was morally right is not insane if the defendant knew what he or she was doing violated society's standards or was against the law. All people are presumed sane and it is the defendant's burden to prove the defense of insanity by clear and convincing evidence. Clear and convincing evidence is defined as evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief, without hesitation, about the matter in issue.

If a jury believed a defendant was insane at the time he or she committed the crime, they should find him or her not guilty by reason of insanity.

When you are arrested in Jacksonville, you will be brought to first appearance court. In first appearance court (also called J-1), if you have been arrested for a misdemeanor, you may be able to resolve your case that day. (enter a plea of no contest or guilty to the misdemeanor in Jacksonville) If you enter a plea of "not guilty", you will be given a bond and another court date to report to.

As Jacksonville Criminal Attorneys, there have been times when people call us because they have missed their court date. When you miss a court date in Jacksonville, the judge can issue a capias or summons. A summons is when the judge is telling the court system to send you notice that there is another court date set. This is essentially a second chance to appear.

If you fail to appear, another route the judge can take is to issue a capias. This is a bench warrant. The judge will usually put a bond on the capias. The judge is telling the sheriff's office to arrest you and when you are brought to jail you can bond out if there is a bond attached to the capias. If there is no bond or if you cannot afford to pay the bond, you will be in jail until you go before the judge.

A rarely used Florida law is referred to as "bond jumping". This means if you miss court, the state can prosecute you for failing to appear. The prosecutor would have to prove you willfully failed to appear. If you fail to appear for a felony in Jacksonville, bond jumping is a third degree felony punishable by up to 5 years in prison. If you fail to appear for a misdemeanor in Jacksonville, bond jumping is a first degree misdemeanor punishable by up to 1 year in jail.

If you miss a court date in Jacksonville, Clay County, or Nassau County, contact a Failure to Appear Attorney in Jacksonville to discuss possible ways to get yourself on the judge's calendar without turning yourself in.

If you are arrested for a crime in Jacksonville or anywhere in Florida, there are several possible outcomes to your case. The state attorney's office could drop your case because of a lack of evidence, your case could be sent to a diversion program (such as Pretrial Intervention), or the prosecutor can file the case against you. If the state files a case against you, you can have a trial and make the prosecutor prove the case against you, you can enter a plea of guilty or no contest to the judge, or negotiate a sentence with the prosecutor.

If you enter a plea of guilty or no contest, you give up certain rights. Those rights are:

1. The right to a trial by judge or jury

2. The right to be represented at trial

3. The right to have counsel appointed to represent you if you cannot afford to retain counsel

4. The right to present witnesses on your own behalf and to compel the attendance of those witnesses

5. The right to confront the witnesses against you

6. The right to require the state to prove the case against you beyond a reasonable doubt

7. The right to appeal all matters relating to the judgment, including the issue of guilt or innocence.

Because our Jacksonville Criminal Defense Law Firm practices 100% criminal law, our criminal attorneys get asked many questions. One of the most common questions we are asked concerns pleas in criminal cases.

A "plea" is an accused person's formal response of "not guilty", "guilty", or "no contest" to a criminal charge.

A "Not Guilty" plea is telling the court that you are going to fight the criminal charge. This plea denies that the defendant committed the crime and will force the prosecutor to prove the charge beyond and to the exclusion of every reasonable doubt.

A "No Contest" plea is also referred to as a "nolo contendere" plea. This is Latin for "I do not wish to contend". You are not admitting guilt with this plea, but this plea functions the same as a "Guilty" plea.

A "Guilty" plea is admitting responsibility for the crime.

Once you enter a plea of no contest or a plea of guilty, you will be sentenced for the crime. This may be a negotiated sentence between you, your criminal lawyer, and the prosecutor or a plea straight up to the judge. When you enter a "straight up" plea, your sentence will be determined by a judge. You are entitled to present all of the good things about you, including having witnesses testify on your behalf, having the judge read letters written for you, and having the judge listen to anything you want to say. You should discuss any possible pleas with your criminal attorney in Jacksonville.

Our Jacksonville Criminal Defense Law Firm represents many individuals who's arrest stems from being searched by the police. A police officer cannot just walk up to you and start to pat you down. The officer has to have a VALID reason to do so.

As a Criminal Lawyer in Northeast Florida, I have read thousands of police reports that say the suspect gave the officer "consent to search" them, even though the client tells me they did no such thing. In order for there to be a valid consent, the consent must be freely and voluntarily given, not just satisfied by showing a mere submission to a claim of lawful authority.

Once you are arrested based on something that is found by the search, such as drugs, a Jacksonville Criminal Defense Attorney can analyze the seizure to determine whether or not your rights were violated. Whether consent is voluntary is a question of fact to be determined from analyzing the totality of the circumstances. Some factors are:

1. the age of the defendant
2. whether the defendant has been arrested in Jacksonville or anywhere before
3. whether there is evidence the defendant was drunk or otherwise intoxicated
4. whether the defendant has a mental deficiency that impaired the defendant's ability to make an intelligent decision

Criminal trial lawyers in Jacksonville take depositions. Depositions are sworn out-of-court statements taken before a trial. If you are arrested for a felony in Florida, your criminal defense attorney should conduct depositions of all the witnesses listed in your case.

Conducting an effective deposition is key to any criminal case. Our Jacksonville Criminal Defense Attorneys go into each deposition like we are going into trial. Depositions are taken well before any trial and an good deposition can lead to the case being dropped or resolved short of trial. A criminal lawyer can ask the witnesses almost anything, even if the answers would not be admissible in a trial. The questions can reveal witness' possible bias and motivation to lie in a case.

If you are arrested for a misdemeanor in Florida, you are not automatically entitled to depositions. If good cause is shown, like a witness refusing to speak to the criminal lawyer or an investigator, depositions may be conducted in a misdemeanor case, such as a DUI.

The Forbess Law Firm is a Northeast Florida Criminal Defense Law Firm. We practice 100% criminal law and all of our clients have been accused of a crime, whether or not they have been arrested. As criminal lawyers, we analyze Florida crime information, particularly statistics that relate to Jacksonville and the surrounding counties.

In Jacksonville / Duval County, there are 13 law enforcement agencies that have the power to arrest you. They are:

Jacksonville Sheriff's Office
Jacksonville Beach Police Department
Atlantic Beach Police Department
Neptune Beach Police Department
Florida Department of Law Enforcement
University of North Florida Police Departmenttarg
Jacksonville Port Authority
Duval County School Board
Florida Department of Environmental Protection
Department of Alcoholic Beverages and Tobacco
Florida Game Commission
Florida Highway Patrol

The Jacksonville Sheriff's Office, by far, arrests the most people. From January to June 2010, JSO arrested 19,013 people. The Florida Highway Patrol came in second, with 1,312 arrests. Jacksonville Beach PD arrested 846, Atlantic Beach arrested 417, and Neptune Beach arrested 219.

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".