Jacksonville Criminal Attorney Blog

Charles Hamilton, a Florida man accused of transporting 60 pounds of marijuana, served as his own lawyer in the trial and sentence hearing, arguing that he disagrees with Illinois drug laws and admitting he brought drugs into the state. In November 2011, Hamilton was arrested during a traffic stop on Interstate 55 north of Bloomington, Illinois. He even gave permission to an Illinois State Police trooper to search the truck. About 60 pounds of marijuana was found in a spare fuel tank on his pickup truck. Hamilton was sentenced to 22 years in prison for felony drug trafficking charges.

Many times, people feel that they are able to represent themselves pro se, or by themselves, without a licensed attorney to represent them or other court appointed officer. This is an option for everyone who enters into the justice system above the age of 18, assuming they are competent to understand the nature of the proceedings and the weight they are undertaking when establishing their own defense. Even though many people every day are found eligible to represent themselves, that does not mean they should. Many do not understand the process nor the repercussions of statements made to anyone regarding the case.

Evidence rules and rules of criminal procedure set out standards of conduct and allowable methods of proving guilt and innocence in the court room. These rules are complex and involve major study to understand the legal possibilities in one’s case. For many, this means having extensive knowledge of 4th, 5th, and, 6th amendment protections. This means knowing almost everything there is to know on search and seizure, admissibility of evidence, rights on appeal, and other very important legal consequences that one may or may not be aware of.

The biggest problem that pro se litigants face when defending themselves is statements made to prosecutors and witnesses. When one is accused a crime, the first thing people do is ask one if one did or did not commit the crime. Sometimes one will make one statement to a witness, and another or substantially different statement to the State Attorney. Whether one has or has not committed the crime, one can cause oneself an extreme amount of grief in the system.

One of the most notorious problems pro se litigants as well as accused parties represented by attorneys is admissions. In Hamilton’s trial, Hamilton admitted he was delivering the drugs to Chicago for a $15,000 fee. Hamilton admitted that he transported drugs because he had little money. Many times, accused parties feel that being honest and forthcoming will end in good consequences. However, the less one says, the better. Words and admissions can extremely hurt one’s defenses.

Remember that one has does have a choice in obtaining an attorney to represent one. However, one should not obtain just any attorney. One charged with a crime of this nature should contact an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses against self-incrimination are known and protected.

Continue reading "Charles Hamilton’s 60-pound-Marijuana Case Shows Importance of Obtaining an Experienced Attorney" »

Manhattan hotelier Vikram Chatwal , a good pal of trouble magnet Lindsay Lohan, was arrested after police allegedly found him with illegal drugs at an airport checkpoint. Police say Chatwal was packing heroin, cocaine, ketamine, pot and an assortment of powerful pills when “behavior detection officers” flagged him for a search at the Fort Lauderdale-Hollywood International Airport. The arrestee provided a post-Miranda statement to narcotics detectives wherein he admitted possessing and purchasing the (drugs) illegally, according to the police report.

According to Black’s Law, self-incrimination is the act or declaration either as testimony at trial or prior to trial by which one implicates oneself in criminal activity. Practically, self-incrimination can occur either directly, where information of a self-incriminatory nature is disclosed by means of interrogation, or indirectly, where information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.

The Fifth Amendment to the United States Constitution protects citizens from incriminating themselves. Protection from self-incrimination requires the government to prove the case against one using corroborating evidence and other witness testimony, rather than coercing an admission of guilt. Some do not realize that refusing to answer a question because the response could form self-incriminating evidence is legal and proper. However, these rights are not always widely publicized, making one who is unaware, at risk.

Protections from self-incrimination stem directly from torturous practices that were and sometimes, still are, being used to extract information and confessions. Sometimes, police officers will physically injure suspects that they feel are guilty, or that they feel will “admit” guilt when they are actually innocent, in order to be removed from such police brutality. Some of the most famous cases involve criminal suspects being subjected to days without sleep under bright lights, or being scared into submission by a group of police officers who are threatening one, either with trumped up charges or other forms of punishment that may or may not be legal.

Fortunately for citizens facing drug interrogation in Jacksonville as well as across the nation, protections from self-incrimination in the form of “Miranda rights” are now mandatorily read to arrestees due to Miranda v. Arizona (1966). Miranda warnings must be given before law enforcement officers initiate questioning after one has been taken into custody or otherwise deprived of one’s freedom of action in any significant way. This means that if one has been arrested, taken into police custody that one cannot leave from, or is in a police dominated situation that a reasonable person would not feel free to leave from, then one must have one’s rights read.

One must be warned, prior to interrogation, of one’s various Miranda rights listed below:
- One has the right to remain silent,
- Anything one says may be used against one in a court of law,
- One has the right to the presence of an attorney, and that,
- If one cannot afford an attorney, an attorney will be appointed.
- Further, only after such warnings are given and understood, may one knowingly waive one’s rights and agree to answer questions or make a statement.

Many think that if they do not say anything to police, that they are somehow implying guilt. However, this is not the case. The only statements that police and subsequently the State may use to claim an admission are the statements that one actually makes. Remaining silent, the most beneficial option one does have, does not mean that one has admitted being guilty to anything.

Remember that one has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville criminal defense attorney to fight the case and ensure one’s 5th amendment rights and defenses against self-incrimination are known and protected.

Continue reading "Lohan “Bud”dy Arrested for Various Drug Possession at Florida Airport" »

The Texas Court of Criminal Appeals issued an acquittal in the case of Megan Winfrey, 24, who has been behind bars since 2007 in a murder case in which her conviction was based almost entirely on evidence from dog-scent lineups. The court’s decision Wednesday in Megan Winfrey’s case was based largely on the finding that the state’s evidence against her was insufficient. In her case, the San Jacinto district attorney had argued that along with dog-scent evidence, her suspicious behavior amounted to enough evidence to support her conviction. Prosecutors alleged, among other things, that she attempted to thwart DNA testing by shaving her pubic hair and that teachers at her school overheard her make threatening remarks about Burr and his money. The court disagreed with the prosecutors.

Dogs are used in conjunction with law enforcement all the time, either as a defense force, for use in detection of drugs and other illegal substances, bomb detection, and in this case, to allegedly identify a murderer.

Drug dogs and other dogs used to determine criminal activity, even though specially trained for a purpose, are still dogs. Dogs get excited and will alert to things like tennis balls in trunks other animals in the vicinity. The Court must consider the totality of the circumstances in determining one’s guilt or innocence. Therefore, determining whether the dog’s identification of a substance or scent was sufficiently accurate and reliable as a detector of the presence of drugs, victims, or other criminal-related activity is very important and comes within the review of the courts.

A dog-scent lineup consists of matching a “scent” sample from a crime scene to a “scent” sample from a suspect by a dog. The practice has been used in several states, including Florida, Alaska, Texas, and New York. Even though the dogs have an fairly accurate sense of smell, the major problem has been with the handlers of these dogs, who have been proven to be frauds.

There is a movement to ban the use of dog-scent lineups, but a Fifth Circuit ruling may put a stop on that; the decision held that even if a person was convicted after a questionable canine lineup, the appellate court can affirm the conviction based on corroborating evidence.

The most notorious specialist of this bogus practice has been Former Deputy Keith Pikett of Fort Bend County, Texas. From 1994-2009 he zigzagged across the state of Texas with his dogs, conducting dog-scent lineups. Pikett always told law enforcement and prosecutors exactly what they wanted to hear. The prosecutors loved him, known for being a “justice system rock star.” At one point, his status as an expert was even recognized by an appellate court decision, which gave him extra footing in the legal community, leaving him unchecked in his work.

If Pikett's name sounds familiar, it's because his scent lineups were involved in Winfrey’s case. Basing a finding of one’s guilt on inference evidence and other hearsay evidence is, at best, mere theorizing or guessing about one's possible guilt rather than a reasonable inference based upon evidence and facts presented.

The same thing happened in 1981 in Florida, when DNA testing wasn’t used in criminal investigations. During that time, law enforcement simply relied on presumed “Scent-Tracking Expert” John Preston’s German Shepherd’s legendary nose to sentence Bill Dillon, to life in prison for killing a man in Canova Beach. Preston testified that his dog had tracked Dillon’s scent to a piece of paper he had touched, and had even tracked Dillon to a room he was in at the courthouse. In Dillon’s case, Preston even told the court his dog had the ability to track a scent under water; to actually smell below the water, which is physically impossible for a dog to do. In 1984, Preston was exposed as a fraud.

Many times, a motion to suppress evidence is the only thing that forces law enforcement to adhere to the Constitution, by making sure that evidence like this will not hold water and will be excluded, leaving the State with no case. If one obtains an experienced Jacksonville criminal defense attorney to fight the case, one will be sure in what the prosecution and police can and cannot not use against one and can be sure that one will have one’s rights protected.

Continue reading "Texas Dog Scent Lineup Convictions Overturned For Fraudulent Practices; Sound Practice For Jacksonville? " »

Does the 5th amendment right to remain silent protecting a suspect from compelled self-incrimination by law enforcement extend outside of the custodial setting? Furthermore, does a suspect not currently or in custody and has not received any Miranda warnings have a right not to speak?

In 1992, police came to suspect Genovevo Salinas of murdering two men, Juan and Hector Garza. During a consensual search of Salinas’s parents’ home, where he too resided, Salinas’s father handed over a shotgun to the police, and Salinas himself voluntarily accompanied the officers to the police station for an interview. Police did not read Salinas any Miranda warnings, nor were they required to do so, as he was not in custody. For almost an hour, Salinas answered a series of questions that the police posed. At one point, however, Salinas became silent. Police had just asked him “if the shotgun [his father had given them] would match the shells recovered at the scene of the murder.” In response to this question, Salinas looked down and said nothing.

The police subsequently received a ballistics report that did identify a match between the casings from the murder scene and the shotgun from Salinas’s house. The State subsequently charged Salinas with two counts of murder. Police were unable to find Salinas to arrest and bring him to trial, however, for another fifteen years. The trial he did have then ended in a mis-trial, and a second prosecution began.

In closing argument during Salinas’s second trial, the prosecution emphasized the following to the jury:

“The police officer testified that he wouldn’t answer that question. . . . You know, if you asked somebody—there is a murder in New York City, is your gun going to match up the murder in New York City? Is your DNA going to be on that body or that person’s fingernails? Is [sic] your fingerprints going to be on that body? You are going to say no. An innocent person is going to say: What are you talking about? I didn’t do that. I wasn’t there. He didn’t respond that way. He didn’t say: No, it’s not going to match up. It’s my shotgun. It’s been in our house. What are you talking about? He wouldn’t answer that question.”

At the end of the second trial, the jury came back with a guilty verdict, and Salinas appealed. He claimed on appeal that the prosecution’s comment on the defendant’s silence unconstitutionally penalized Salinas’s exercise of his Fifth Amendment right to remain silent.

In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel. If law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.

Two of the most important Miranda rights and warnings that one has are (1) the right to remain silent and (2) the warning that anything one does say can and will be used against one

In Berghuis v. Thompkins, the Supreme Court declared that if one has been read one’s Miranda rights (and one has indicated one understands one’s rights and has not already waived them), must expressly state during or before an interrogation begins that one wishes to remain silent and forego speaking to police for protection against self-incrimination to apply. If one speaks to police about the incident before invoking one’s Miranda right to remain silent, or afterwards at any point during the interrogation or detention, the words one speaks may be used against one if one has not stated one does not want to speak to police. The dissenting opinion pointed out that the majority agrees that words must be spoken to either express one’s silence or incriminate oneself, suggesting that only words can be used to incriminate, rather than mere silence

Expressly asking the jury to draw a negative insinuation imposes an unconstitutional burden on one’s exercise of one’s right to remain silent and thereby pressures one to take the witness stand, notwithstanding one’s technical right not to.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville criminal defense attorney to fight the case and ensure one’s 5th and 6th amendment rights and defenses against self-incrimination are known and protected.

Continue reading "Salinas v. Texas Explores Right To Remain Silent Pre-Miranda & Outside Custody " »

New court paperwork reveals that prosecutors have unlocked a great deal more information from Trayvon Martin's cellphone, including satellite-tracking information that shows where it was in the days leading up to his shooting, making many wonder if it also lays out the teenager's movements Feb. 26 — the day Trayvon was shot and killed by George Zimmerman. Zimmerman was originally arrested for his involvement in the shooting death of Trayvon Martin. Zimmerman allegedly killed Martin in self-defense, and as a result, is pleading the controversial defense of the stand your ground law, which will see some rocky roads ahead. The trial is currently set for June 10.

One who has been charged with committing a crime must plan a proper defense for trial. In order to ensure that this goal is accomplished, one must be aware of everything that might be used against one in the government’s possession. One has the legal right to have access to many types of evidence before trial.

Discovery is the procedure of exchanging information between the prosecutor and defendant, more likely defense counsel, in pre-trial criminal proceedings. Once the defendant is charged with a crime, the court sets the time for when a request for discovery can be made. The defendant can then make a motion for information. The State must then disclose the information requested by the defendant.

An experienced Jacksonville criminal defense attorney will know what to request and what evidence will be key to one’s proper defense. Key evidence may include alibi witness statements, DNA samples, co-defendant statements, and in some cases, drugs or paraphernalia essential to proving the crime. Failure to comply with a valid discovery request may lead to sanctions or exclusion of witnesses at trial. However, work product, which is material that reflects an attorney's impressions, conclusions, opinions, or legal research or theories, is exempt from discovery admission.

A police officer has the right to search open containers on one’s person. Sometimes, those accused of a crime may think that a cell phone does not fall under this category and thus may not be searched or the contents used to incriminate oneself. However, According to the 5th Circuit in Florida v. Ricardo Glasco, a cell phone will now be viewed in the same way as any other open container, as it is a case that may hold within it evidence of a crime. Remember, all evidence is important evidence.

The State Attorney has a continuing duty to disclose evidence after a request for disclosure has been made. It must promptly disclose additional evidence whenever it discovers it, even during trial.Many times, a motion to suppress evidence is the only thing that forces law enforcement to adhere to the Constitution, by making sure that if the search is not done correctly, the evidence will excluded, leaving the State with no case. If one obtains an experienced Jacksonville criminal defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

Continue reading "New Cell-phone Evidence In Trayvon Martin Case Might Show Trayvon’s Martin’s Last Movements" »

The Bay County Commission voted Wednesday on raising probation fees from $45 a month to $50 a month, making anyone convicted of a misdemeanor susceptible to paying more in probation fees this year. In April, the commission signed a three-year contract with Florida Probation Service LLC, a Panama City company, for the county court’s misdemeanor probation supervision service, who’s costs would increase by $5 per month, a cost passed on to the offender.

Jacksonville probation cases can stem from simple violations that the person on probation probably did not know about or was mistaken about. Others can stem from direct violations not only explicit clauses of one’s probation, but direct violations of other laws themselves. No matter what the case, one should not have to suffer tremendously for violations of probation.

One of the hardest charges to deal with is a Florida violation of probation (VOP) or Florida violation of community control. When an individual pleads to a charge and is placed on a period of probation or community control, the judge orders that individual to comply with a multitude of conditions. If one of these conditions is not met, then the individual is violated and can face up to the maximum amount of time for which they are on probation. For instance, if an individual is on probation for a third degree felony and fails to comply with one of the conditions set by the court, a subsequent violation charge can subject that person to up to five years in Florida State Prison.

The State has developed a "zero tolerance" standard that was imposed after a rise in probation violators who were not in custody being able to commit serious crimes; this principle even applies to technical violations. "Technical" violations of probation in Jacksonville can come in many forms. Examples of a technical violation can include:

- failure to meet one’s probation officer when required to do so,
- failure to complete community service hours,
- failure to complete a court ordered program such as DUI school or anger management classes,
- failure to obtain or maintain lawful employment,
- failing a drug test,
- failure to pay fines/costs/restitution

"New law" violations occur when is on probation and is arrested and subsequently charged with a new criminal offense. A "new law" violation can result from any new arrest or charge. One slight infraction can turn into a probation termination and a harsh prison sentence. One of the most common of these infractions is simply an inability to pay one’s court-mandated probation fees, which consequences many times ends up costing more than the actual cost of probation fees.

VOP charges are difficult to deal with for a number of reasons. First, the conditions set by the court are usually numerous and difficult to comply with. Often times the court will set unreasonable time limits or costly fines that are simply too expensive, making the likelihood of successful completion of probation minimal. Second, anything can be used to violate the probation or community control. Failing to meet even one of the conditions, or getting arrested for another charge will be used as a basis to violate. Third, violations are treated differently than a new charge.

VOP charges differ from new charges because the standard the court uses to find one guilty is not beyond a reasonable doubt. Rather, the the standard or proof required is a "willful and substantial violation of probation conditions" which is left up to the "conscience" of the court, ie, if the judge thinks one violated probation, one probably did. One does not have the benefit of a jury trial. There is no issue of guilt or innocence on the original charge. The defense of such charges requires knowledge and experience, and a high degree of legal skill.

Usually the courts will try to get a violator to complete his or her conditions and reinstate on a first violation. Without new criminal activity, a violator actually completing terms of probation sometimes outweighs the violator being jailed or imprisoned. With repeat or significant violations one can plan on being locked up. Misdemeanor Duval County probation is monitored by a longstanding contract with the Salvation Army. Felony probationers actually go into the Florida Department of Corrections system. Their information will be on the internet for
public viewing along with their photograph.

Not every accused charged with a probation violation is intending to commit a crime. One in a situation like this should obtain an experienced Jacksonville probation violation defense attorney to fight the case and ensure one’s rights and defenses are known and protected.

Continue reading "Florida County Raising Probation Fee Rate For Violators: Future For Jacksonville?" »

Tampa Circuit Court Judge Daniel Perry dismissed the affidavit of probation violation against former NFL player Jerramy Stevens, after investigating whether or not he assaulted U.S. Soccer goaltender Hope Solo. The couple married the next day. However, Florida prosecutors said Stevens had violated his probation regarding a previous marijuana-related charge. He was arrested and jailed before a judge ordered him released.

The State Attorney’s office has seen a dramatic rise in the number of Violations of Probation that it prosecutes over the last few years,. This is to some extent due to a "zero tolerance" standard that was imposed after a rise in probation violators who were not in custody being able to commit serious crimes.

"Technical" violations of probation in Jacksonville can come in many forms. Examples of a technical violation can include:
- failure to obtain or maintain lawful employment,
- failure to complete a court ordered program such as DUI school or anger management classes,
- failure to pay fines/costs/restitution,
- failing a drug test
- failure to meet your probation officer when required to do so,
- failure to complete community service hours,

"New law" violations occur when is on probation and is arrested and subsequently charged with a new criminal offense. A "new law" violation can result from any new arrest or charge. One minor infraction can turn into a probation revocation and a harsh prison sentence. One needs an experienced criminal defense attorney at one’s side to ensure one’s rights and defenses are known and protected.

A violation of probation (VOP) proceeding differs in many ways from being charged with a new crime. Because one has been previously sentenced to probation, one has less protection than if one was charged with a new crime. When one goes for a VOP proceeding, one must consider certain factors:

- Guilt does not have to be proved beyond a reasonable doubt
- No right to jury trial in a violation hearing
- No right to a bond while awaiting a hearing,
- No statute of limitations effecting the VOP charge, and
- Hearsay is admissible

There are defenses to a violation of probation and that an experienced attorney could provide for those accused of violating their probation. If one obtains an experienced Jacksonville probation violations defense attorney, one will be able to ensure an aggressive defense. Get an experienced attorney who will work towards obtaining a hearing and gaining a favorable recommendation from the probation officer, so one can be free of a very powerful State-operated legal system.

Continue reading "Former Buccaneers Player Freed From Violation of Probation Charge" »

Many times in Jacksonville, people are falsely accused of crimes and are subsequently arrested because of errors in the initial drafting of the warrant. Though some view this as harmless error, the effect on accused parties can be extremely detrimental. If one has been arrested on an inaccurate warrant, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to WAFB Baton Rouge, Gary Conley of Baton Rouge, has a warrant recalled against him after being falsely accused of being a possible predator attempting to pick up a child at the Boys and Girls Club. Conley and the woman he was with later left without the child but the supervisor then gave Conley's photo to the mother of another child with the same first name. With the help of Conley's cousin, the mix up was straightened out and police issued a recall of the warrant saying a staff member called the wrong child to the office and that the victim and the family member of the accused shared the same first name but not last name.

The Fourth Amendment provides that a warrant must describe with particularly “the place to be searched, and the persons or things to be seized.” The place to be searched must be described in the warrant in a manner sufficiently precise that the officer executing the warrant can identify it with reasonable effort. For example, if the warrant specifies an address that is in fact a multiple dwelling building, the police must limit their search to the unit belonging to the person named in the warrant only, which may be ascertained by reasonable effort, such as by checking names on the mailbox or by asking neighbors.

The granting of a hearing on the accuracy of the affidavit requires the defendant to make a “substantial preliminary showing” that:

- a false statement was included in the affidavit;
- the affiant made the false statement “knowingly and intentionally” or with reckless disregard for the truth; AND
- the false statement was essential to the magistrate’s finding of probable cause.

If the allegations are proved at a hearing by a preponderance of the evidence, the warrant is void, and the fruits of the search must be excluded from the criminal trial.

In this case, Conley did not know he had an active warrant out for his arrest. Many find themselves in similar situations and are not aware that warrants are out for their arrest, causing them to miss court dates. In some cases, one may be charged as a fugitive and extradited. In contrast, if one does nothing, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Jacksonville Arrest Warrant.

If one is in a similar situation, one should obtain an experienced Jacksonville warrant defense attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.

Continue reading "Baton Rouge Man Upset After Warrant Issued Mistakenly For His Arrest" »

For many, a statement on a social media website may seem as just that: a statement. However, that statement can lead to a criminal charge that can cause one suffer greatly at the hands of a powerful state-operated legal system. If one has been accused of such a crime, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to the Florida Times-Union, Brunswick police officer Barbara Hartman asked Magistrate Wallace Harrell on Thursday to issue one warrant charging the Rev. Ken Adkins with making false statements or writings and concealing facts from or submitting false documents to the government. She also asked Harrell to issue a “good behavior” warrant to compel Adkins to stop saying bad things about her on Facebook. On Facebook, Adkins accused her of using her police powers to access his criminal history and had named her and her sign company in relationship to an internal affairs investigation.

There are many types of warrants that exist within the legal system. However, one of those types that is not well known is the good behavior warrant. Generally, good behavior warrants are issued only in cases to prevent people from harming or harassing others by direct contact. However, there has been an effort to use good behavior warrants to prevent critical speech on Facebook.

In this case, the parallel crime that an accused party would be charged with in Florida would be Libel, a first degree misdemeanor under Florida Statute 836.01, exposing the accused to up to a year in jail and expensive fines, as well as any other restitution requirements the Judge may require if the charge is proved. These requirements may include letters of apology, printed advertisements negating the false statements, and other measures to remedy the harmful effects of the statements made.

Libel is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures. In order to prove that libel has occurred:

- the person must prove that the statement was false.
- the person must prove that the statement caused harm.
- the person must prove that the statement was made without adequate research into the truthfulness of the statement.

If the person is a celebrity or a public official, the person must also prove that the statement was made with the intent to do harm or with reckless disregard for the truth.

Statements made in a good faith and reasonable belief that they were true are generally treated as true statements and as such are defensible, but only if the defendant also demonstrated that publication was for the "Public Benefit”. Public interest is generally not "what the public is interested in", but rather "what is in the interest of the public.” In other words, defendant must also show that there is a well-founded public interest in the specific information being widely known.

In this case, Adkins told Harrell he had suspicions that Hartman used her position as a police officer to access the National Crime Information Center to get Adkins’ records and post the information on Facebook under the “rogue” account of Liberty Belle. Using the center for anything but official police business is illegal.

Furthermore, Adkins told Harrell that Hartman has a stake in Tucker’s race because Tucker buys campaign signs from Hartman .Adkins’ statements may be saved by the fact that he also stated within the statement the phrase, “what I believed’’, just as Green instructed. Adkins told the Times-Union Thursday the internal affairs investigation did not provide any real answers. It just said the investigator could not access the necessary information without a warrant. “They didn’t say it wasn’t done. They just haven’t told me who did it,’’ Adkins said.

Many times in Jacksonville, people may be accused of criminal libel, slander or other defamation crime. For those accused, the difficulty of defending one’s statements may seem difficult to do, even though one might have thought the statements were true when one made them. If one has been in accused of a crime like this, one should obtain an experienced Jacksonville libel defense attorney to fight the case and ensure one’s rights are protected.

Continue reading "Georgia Police Officer Requesting “Good Behavior” Warrant For Brunswick Reverend" »

Many times in Jacksonville, people are charged with crimes and are either not aware of that charge, or have been wrongfully charged. Some may see this as a small problem in society. However, a mistake in a warrant can lead to shocking consequences for all who are involved. If one has been charged in a similar situation as this, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

Tampa Bay Times staff reported this week that the Pinellas County sheriff's office in Tampa Bay is the only county among Florida's seven most-populated counties that does not have a unit dedicated to serving outstanding warrants. Given the pressure to cut millions in spending, it's understandable why former Sheriff Jim Coats chose four years ago to eliminate the unit with the primary responsibility to serve arrest warrants and hand that task to all deputies. But that approach in Pinellas does not appear to be as effective as the dedicated warrant units still used in other counties.

An arrest warrant in Jacksonville is a warrant granted by a Judge in a court of law to a law enforcement officer granting that officer the right and ability to arrest an accused individual. The arrest warrant is obtained by presenting a judge with probable cause for arresting the suspect. If there is any rationally-related evidence that can be presented to the judge when requesting an arrest warrant that will speed up the process then it should be disclosed. That is why many officers or prosecutors make sure they have probable cause and at least two pieces of evidence to present to the judge before requesting an arrest warrant.

Arrest warrants are most commonly required when a crime is committed out of view of a police officer. If a felony is committed in view of a police officer then an arrest can be made without a warrant.

Outstanding warrant units maintain all current and active warrants, which are filed by all Law Enforcement agencies within each respective county. Warrants Units are responsible for receiving, processing, entering, removing and validating each warrant that is received from the Clerk of Courts. A file is created for each warrant and the original is maintained in the file. When a warrant is executed or unexecuted (recalled by a judge and/or the Clerk's Office), the original warrant has to be taken out of the file and sent back to the Clerk's Office.

A prime example of this frightening situation that accused members of our society face is the case of Gregory J. Johns. Johns was accused of raping and impregnating an 11-year-old girl while there was an outstanding felony warrant for his arrest. Johns was shot and killed by sheriff's deputies earlier this month as they tried to arrest him on a charge of sexual battery. The earlier arrest warrant was for a drug charge, and it is doubtful that any system serving thousands of arrest warrants would have made Johns such a high priority that he would have been arrested and in jail before the sexual assault occurred.

If one or one’s loved one has been accused of a crime and has an outstanding warrant on them, one should obtain an experienced Jacksonville criminal defense attorney to fight the case and have the warrant recalled. One needs a help up, not a lock down.

Continue reading "Pinellas County Warrants In Desperate Need of Review By Warrant Unit" »

Jacksonville’s citizens do make mistakes that lead to criminal charges. No matter whether one’s guilt or innocence is easy to prove, the accused is guaranteed under the Constitution the right to be free from evidentiary taint. If one believes one has been a victim of evidence tampering, one should obtain an experienced attorney to fight the case and ensure that the evidence against one will be suppressed.

According to WFLX.com, Annie Dookhan, a Massachusetts chemist, has been arrested for faking drug test results, forging paperwork and mixing samples at a state police lab, a scandal that has thrown thousands of criminal cases into doubt. Dookhan's alleged mishandling of drug samples prompted the shutdown of the Hinton State Laboratory Institute in Boston last month and resulted in the resignation of three officials, including the state's public health commissioner.

Massachusetts State police say Dookhan tested more than 60,000 drug samples involving 34,000 defendants during her nine years at the lab. Defense lawyers and prosecutors are scrambling to figure out how to deal with the fallout. As more and more suppression hearings are arising for tainted evidence, one should know one’s rights and options under the law.
Tampering with evidence is the crime of altering, destroying, or concealing physical evidence with the intent to affect the outcome of a criminal investigation or court proceeding.

There are many ways to tamper with evidence. A few examples include:

• deleting emails or texts that are relevant to an investigation
• planting biological evidence (blood or DNA, for example) in a way that casts suspicion on an innocent person.
• concealing beer cans in a car after being stopped by police
• throwing a murder weapon into a river
• hiding a damaged car bumper after a hit-and-run accident
• falsifying business records

Each case of concealment, taint, or destruction may be charged as a separate offense. Forgery charges may also be brought if documentary evidence is altered.

Evidence is often hidden, tainted, or destroyed by someone who has committed a crime or wants to help someone else who is. In many cases, the accused is a private citizen who has tampered with evidence in some fashion. However, the officials responsible for ensuring that evidence is properly preserved, such as drug screening and testing in Jacksonville, do not always follow the procedures required under the law.

The latest issue is the rise in crime scene examiners and lab technician convictions for tampering with evidence after they planted evidence, such as blood specks on a weapon or added drugs in a screening, in an attempt to bolster prosecutions. Police officers have also been found guilty of tampering with evidence. The prosecution may try its hand at the evidence, but an experienced drug crimes defense attorney could file a motion to suppress that evidence, ensuring one’s rights are protected under the Constitution.

One should not risk going to jail for a long period of time when an experienced attorney can make sure that their best defense is brought forth and their rights are protected .

Continue reading "Massachusetts Chemist Charged With Evidence Tampering; Appeals In Uproar" »

People make mistakes in their lives that cost them their privacy. Having an unwanted stranger in one’s house can be bad enough, but when that individual is looking for something to arrest one for, the reality is even worse. Many times, the procedures for proper search are ignored or executed incorrectly. If one has been in a situation like this, one should obtain an experienced attorney to fight the case and ensure one’s rights and defenses are known and protected.

According to the Daily Commercial, Bobby Brent Woodlief Jr. of Eustis, Florida, as well as 28 others have been arrested by a strike force of law enforcement agencies in nine Florida counties during a surprise face-to-face contact with hundreds of probationers, according to the Florida Department of Corrections. This strike force of probation officers, deputies and local police officers, collectively part of the Community Justice Coalition, began as a three-county initiative in 2007 and has conducted 14 such sweeps since. The strike force targeted probationers, including gang members, with a history of robbery, sexual battery, drug trafficking, aggravated battery and homicide and conducted walk-throughs of their residences to ensure they were complying with their conditions of probation.

When an offender is put on probation, typically a portion of the jail sentence is suspended. However, probation is conditional, meaning that if the offender does not follow the conditions of probation, probation may be withdrawn, and the suspended jail sentence and/or fines will be re-instituted.

If one is sentenced to probation in Jacksonville, one’s home can be searched without a search warrant, but only while the probation is still active. The search can include one’s home, car, and person. The probation officer must be the one to conduct the search of one’s dwelling. A police officer or social worker does not have the same authority, even though one is on probation. If the probation officer has safety concerns, they may request that a police officer be present and on “stand-by” for security purposes only.

A police officer is not authorized to assist in the warrantless search of one’s home; only the officer’s presence is allowed. The only time the officer is authorized to assist is if the probation officer finds illegal contraband, such as drugs or guns. The illegal contraband, whatever it may be, will then be turned over to the police officer who can then make an on-site arrest.

Even if one is remorseful for a crime, a prior record or history of criminal misconduct might tempt a Judge to render a prison sentence. However, with the help of anexperienced Jacksonville probation violations defense attorney, one could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading "28 Florida Probationers Snagged In Violation Strike Force" »

Jacksonville’s citizens make mistakes every day that may cost them time and energy. Unfortunately, some take mistake making to the limit in the law. Many see people that are repeat offenders as hopeless and beyond help. No matter how many times a person commits a crime, one still deserves the best defense possible to that charge. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Watertown Daily Times, Michael L. Merrifield of Florida has been in arrested in Watertown, New York with an active parole warrant. Originally apprehended for disorderly conduct, Merrifield was arrested as being a fugitive from justice. Merrifield is being held for Florida’s Police Commission.

Under the Constitution, all warrants issued must be supported by probable cause and must describe the places and things to be search with specificity. Including arrest warrants, requirements for warrants based on probable cause and specificity in description protect one’s rights under the Constitution and stands in the way to protect the accused from shoddy police work. However, many times, accused parties with outstanding warrants in Jacksonville or new search warrants do not know whether the warrant on them was executed properly, resulting in wrongful convictions.

Many times in Jacksonville, an accused party may have received word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; however, eventually the police will find one, no matter how long they have been on the run. Unfortunately, many Judges may feel no sympathy when convicting one with an outstanding warrant.

Fortunately, one does have an option for relief when one does know about an outstanding warrant on them. As soon as one becomes aware of a warrant, one should contact an experienced attorney who can work with the Judge to recall the warrant in exchange for appearance for court. At the resolution of most cases, it usually looks more favorable for the defendant who voluntarily turns himself in immediately after learning of the warrant as opposed to a defendant who had no intention of coming forward to face the charges and had to tie up a lot of law enforcement resources and possibly create a dangerous situation to bring them in.

Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a very powerful, state-operated legal system. Fortunately, if one obtains an experienced Jacksonville disorderly conduct crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

Continue reading "Florida Man Arrested For Disorderly Conduct On Active Parole Warrant" »

Jacksonville’s citizens sometimes, like many, make poor decisions about who they associate and what activities they participate in. However, those decisions do not mean that one should be the victim of not only the effects of the activity, but also a victim of the State’s prosecution for a crime one has already been punished enough for. One in this situation should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to Southern Maryland News, James Russell Johnson of North Beach, Maryland, has been arrested on a warrant for failing to notify law enforcement that he had moved out of Calvert County. In 2007, Johnson pled guilty in Calvert County District Court to a fourth-degree sex offense and a second-degree assault, for which he received a five-year suspended jail sentence. Johnson will not be charged federally for interstate sex offender violations.

Jacksonville sexual battery crimes typically involve an accused party who is felt by many to be a menace to society. However, most of the people that are accused of sexual battery crimes were caught in an unlawful situation that they would never become involved in again.

Many times in Jacksonville, an accused party may have received word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; however, eventually the police will find one and attempt to make sure that one suffers for being on the run for so long. Unfortunately, many Judges may feel the same way when convicting one with an outstanding warrant.

Fortunately, one does have an option for relief when one does know about an outstanding warrant on them. As soon as one becomes aware of such warrant, one should contact an experienced attorney who can work with the Judge to recall the warrant in exchange for appearance for court. Many times, when one’s case is pled to a Judge who sees a remorseful accused party, one’s punishment often times is extremely small or nonexistent.

One does have options for a better and quicker experience going through the legal system and coming out of the other side as a free citizen again. In many situations, and contrary to popular belief, many times it is better to turn one’s self in to the authorities. In this case, if Johnson would have obtained an experienced attorney, Some punishments are mandatory by statute; others are discretionary by the court. Sometimes one will serve time even after turning oneself in. However, the safest and most sincere appearing to the court is to surrender oneself as soon as you hear of the warrant.

Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a very powerful state operated legal system. Fortunately, one does not have to fight the battle for one’s freedom alone. If one obtains an experienced Jacksonville sex crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

Continue reading "Maryland Sex Offender Arrested On Warrant In Florida For Address Change Notification Violation" »

Some people have the ability to think incredibly analytically, giving them the opportunity to achieve great things. However, that ability, when used illegally, can cause problems for not only one’s self, but for many other people. One in this situation should obtain an experienced attorney to fight for one’s case and ensure one’s rights are known and protected.

According to WESH.com, Casey Anthony’s probation ends on August 23rd. Casey Anthony, widely known for being accused of killing her child. Anthony was put on probation for check fraud, shortly after her murder trial. Anthony is still on supervised probation somewhere in Florida, though authorities will not say exactly where for security reasons.

Jacksonville probation cases typically involve cases in which someone has wrongfully violated their probation. However, in this case, there was no prior probation sentence. Many times in Jacksonville, people are placed on probation that may seem odd; the difference is that the probation requirements are reasonably connected to the crime that occurred.

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

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

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. Judges have flexibility in setting the terms to the punishment and even personalizing the terms to either help or hinder the individual.

When someone violates their probation, there is usually a small time-frame to hire an experienced attorney and either prevent a warrant from being issued on one, or have any preexisting warrant recalled. This process is called adding a client to the court’s calendar for a “Review of Probation.” One may obtain this review depending on the nature of the violation and one’s prior criminal history as well as the individual Judge’s philosophy on probation and probation violators.

Many times, a simple showing of remorse, a recognition of one’s actions and the consequences of those actions, or attempting to compensate those wronged and change may shift the odds in one’s favor for obtaining a reasonable probation sentence.

Even if one is remorseful for a crime, a prior record or history of criminal misconduct might tempt a Judge to render a prison sentence. However, with the help of an experienced Jacksonville assault crimes defense attorney, could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading "Casey Anthony’s Florida Probation Coming To An End" »

Police are always on the look-out for possible DUI arrests. However, police are becoming quite shocked, as more citizens are becoming aware of what a police officer can and cannot do. When one stopped is arrested for a DUI, one should obtain an experienced DUI attorney so to fight the case and ensure one’s rights are protected.

According to WFTV.com, Florida State prosecutors as well as law enforcement have become discouraged, as four out of 10 drivers stopped for DUI in Florida refuse breathalyzers. That is in spite of what is printed on Florida's drivers licenses, "Operator of a motor vehicle constitutes consent to any sobriety test required by law."As the average citizen is becoming aware of their rights, law enforcement are finding ways around this setback in DUI arrests and convictions.

Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUIs, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.

In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop in Jacksonville, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.

Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.

One of the biggest tests that police will use are field sobriety tests and breath tests. If the breath test finds that one’s blood-alcohol level is above 0.8, the legal limit in Florida, that person can be charged with a DUI. If someone refuses the test, they will be taken to jail for the night just as if they had had a blood-alcohol level of 0.8 or higher; their license will also be suspended.

Florida has a 10-day rule, which says that if one obtains a lawyer within 10 days, the lawyer can try to re-obtain your license before it is officially suspended. If the lawyer is able to stop your license from being suspended, you may not lose your license at all.

If one’s blood alcohol level is above 0.15, in Florida, that person must have an ignition interlock installation installed in their car.

One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "Prosecutors Frustrated At Florida DUI Suspects Refusing Breath Tests" »

Jacksonville’s citizens have for some time communicated with each other using cell phones. As safe as one might feel in communicating messages in private via a cell phone, that privacy is changing. As the State courts and Supreme Court interpret the laws of the land, one must know one’s rights and what the police can search. One in a situation like this should obtain an experienced attorney to fight the case and ensure one’s rights are known and protected.

According to First Coast News, the 5th District Court of Appeals ruled in Florida v. Ricardo Glasco that law enforcement can search a cell phone without a warrant. In the battle over privacy versus public safety, the police now have the right to enter into one’s phone and search the contents within it, possibly leading to evidence being admitted for another criminal charge.

Jacksonville drug crimes typically involve an individual who is dealing drugs in small amounts to friends or neighbors. Most of the time, those kinds of operations are not too complicated. However, when drug sales leave trails via phone, internet or other means, the possibility of getting caught goes up considerably as well as the amount of evidence that may now be used to convict someone of the charge.

This particular case came on appeal to the 5th District after Ricardo Glasco was arrested for possession of cocaine with intent to sell or deliver, possession of marijuana, and use or possession of drug paraphernalia. After Glasco was handcuffed, the police searched him and discovered his cell phone. Glasco was transported to the police station, where officers conducted a further search of the cell phone while he was being processed into the jail. Text messages retrieved from the cell phone revealed that Glasco had cocaine he intended to sell.

In this case, at no point did the arresting officer obtain a search warrant to view the contents of the cell phone. When a police officer has fear that evidence will be destroyed, the officer may seize the evidence without a warrant. However, in this case, the arresting officer had no fear that any evidence on the cell phone would be destroyed once Glasco was handcuffed.

A police officer has the right to search open containers on one’s person. According to the 5th Circuit’s opinion, a cell phone will now be viewed in the same way as any other open container, as it is a case that may hold within it evidence of a crime.

Fortunately, one does not have to fight the battle for one’s freedom alone. If one obtains an experienced Jacksonville drug crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.

Continue reading "5th District Court of Appeals Says Florida Police May Search Cell Phones Without A Warrant" »

Jacksonville’s citizens many times make mistakes that will cause them to spend some time within the legal system. However, one’s stay should not be worsened because one cannot pay one’s own bond so one can speak to an attorney outside of jail. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to the Florida Times-Union, George Zimmerman’s bond has been revoked. Zimmerman was charged with second-degree murder in the shooting death of 17-year-old Trayvon Martin. Circuit Judge Kenneth Lester, presiding over Zimmerman’s bond hearing, stated that Zimmerman and his wife lied to the court about how much money was available at the time the bond hearing was set, and as a result, received a much lower bond.

Jacksonville felony-violent crimes cases, as well as many other crimes, typically involve some sort of bond hearing as an initial proceeding. However, many times, accused parties are railroaded by State attorneys who want nothing more than to see one in sitting in jail during one’s entire case. However, in order to know one’s options, one must know exactly what a bond can is and requires.

A bond or bail bond is an assurance by the accused party that one will remain and attend every proceeding one is required to attend until the end of all proceedings in one’s case. When one goes before a trial judge for one’s bond hearing, one is normally at the mercy of the Judge and State Prosecutor handling one’s case. Particularly if one does not have an attorney present at the time that one’s bond hearing is scheduled, one can be facing a hard road ahead.

A trial court judge has the discretion to revoke, set and modify one’s bond after the bond hearing should any new facts arise that, had they been known at the time of the initial bond hearing, would have changed whether or how much one would have to pay for bond. A judge can further revoke one’s bond if the judge feels one is a flight risk or might be a danger to others.

In many cases, accused parties will claim indigence or an inability to pay an expensive bail, and as such, will have their bail lowered considerably. However, some will abuse this privilege, thus leading to heightened suspicion and unfounded accusations being brought against the rest of the unfortunate who cannot pay for an excessively expensive bond.

Many times throughout Jacksonville, people are accused of crimes they did not commit, but because of a prior crime or history of crimes, one is locked in jail, making one’s ability to defend one’s self an even harder battle. However, if one obtain an experienced Jacksonville felony-violent crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not have an excessive bail attached to one’s freedom, and that one will be able to traverse a smoother path through the legal system to one’s future of freedom.

Continue reading "Bond Revoked in George Zimmerman Murder Trial" »

Jacksonville’s citizens make mistakes every day that may cost them time and energy. Unfortunately, some take mistake making to the limit in the law. Many see people that are repeat offenders as hopeless and beyond help. No matter how many times a person commits a crime, one still deserves the best defense possible to that charge. One in a situation like this should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to WINK News, John Anthony Porter of Charlotte County Florida was arrested on a warrant Criminal Use of Personal Identification, Possession of Cocaine, Pettit Theft, Resisting a Merchant and Trespassing After Warning. This arrest makes Porter’s twenty-ninth charge to date. Porter was arrested at a Wal-Mart after trying to refund merchandize already in the store.

Jacksonville theft crimes typically involve those who have been convicted more than once and merely have a problem with self-control. As one can see from this case, Porter has this very problem and needs help. There are many options one may choose when charged with a crime, but these options are subject to disappear the longer one waits to choose. First, one must establish what type of warrant, if any, is out on them.

Under the Constitution, all warrants issued must be supported by probable cause and must describe the places and things to be search with specificity. Including arrest warrants, requirements for warrants based on probable cause and specificity in description protect one’s rights under the Constitution and stands in the way to protect the accused from shoddy police work. However, many times, accused parties do not know whether the warrant on them was executed properly, resulting in wrongful convictions.

Many times in Jacksonville, an accused party may have receive word about a warrant for their arrest being issued and will attempt to evade the police. This action may seem beneficial in the beginning; however, eventually the police will find one and attempt to make sure that one suffers for being on the run for so long. Unfortunately, many Judges may feel the same way when convicting one with an outstanding warrant.

Fortunately, one does have an option for relief when one does know about an outstanding warrant on them. As soon as one becomes aware of such warrant, one should contact an experienced attorney who can work with the Judge to recall the warrant in exchange for appearance for court. Many times, when one’s case is pled to a Judge who sees a remorseful accused party, one’s punishment often times is extremely small or nonexistent.

Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a cunning legal system. Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

Continue reading "Florida Man Arrested on Warrant For 29th Charge" »

Jacksonville’s citizens want to feel safe in their homes and neighborhoods. Unfortunately though, there are those people who form gangs and attempt to harm others through their associations. However, that when that individual is prosecuted for their crimes, they still have certain rights under the Constitution and laws of The United States that must be protected. If one has fallen victim to this sort of situation, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Eric Steven Ellis has been convicted of federal racketeering charges as being part of a gang, and Maynard Kenneth Godwin is facing similar charges as the gang’s leader. Ellis is facing life in prison, while Godwin is possibly facing a new set of jury deliberations, as one juror’s misconduct in following jury instruction will most likely expel him from the jury, causing an alternate to have to fill his place.

Jacksonville racketeering crimes normally involve some form of organized crime such as gang forces, money laundering, illegal online gambling or other forms of ongoing criminal enterprises. However, the fact that the individual being charged with the crime happened to be a member of a gang does not strip them of their Constitutional right to due process and justice.

The jury, in a trial, is one of the most rudimentary and important parts of a trial because the jury represents the community of one’s peers casting judgment. However, the risk of community judgment in the form of a jury is that outside sources and influences could drive one of the jurors to be impartial. To fight this problem, the legal system imposes an enormous responsibility upon jurors to stay impartial in their findings by following jury instructions from the judge.

When a juror either disregards the judge’s directions as to the intake of evidence for consideration, arguments that were heard and facts to be construed, the juror disregards the defendant’s right to an impartial jury. Therefore, when this sort of misconduct is found in a juror, an alternate juror must take his place, causing jury deliberations to start over. This is the court system’s way of making sure that the jury stays as impartial in their decision as possible.

In this case, the juror accused of misconduct was going to disregard the Judge’s jury instructions and do research on racketeering via Google. This may not seem like a big deal to some, however, this is very important because Google sources have definitions of racketeering that are not the exact law and are not a basis by which to make a decision. Furthermore, what a website’s contents might say might possibly sway the juror in or out of favor with the defendant.

Many times in Jacksonville trials, the courtroom is filled with a tense feeling of anxiety and fear when the jury is let back in for the reading of the verdict. One should be able to feel secure when that verdict is handed down that the jurors involved protected one’s rights to impartiality. One in a situation like this should obtain an experienced Jacksonville racketeering crimes defense attorney to fight for one’s case and ensure one’s rights are protected.

Continue reading "Juror Misconduct Leads To New Jury Deliberations In Jacksonville Racketeering Trial" »