Jacksonville Criminal Attorney Blog

Smuggling - The crime of importing or exporting illegal items.

Sobriety Checkpoint - Many times in Jacksonville, JSO will set up a DUI (Driving Under the Influence) checkpoint at various areas around town. The police set up a roadblock to detain drivers in order to determine if they are impaired. The Jacksonville police must follow specific guidelines when conducting these checkpoints. Often, they are set up at the base of Jacksonville's intercoastal bridges, including Atlantic Blvd. and Beach Blvd.

Statute - Laws passed by the Florida legislature. Every crime has its own statute number.

Statute of Limitations - A time limit for prosecuting a crime based on the date the incident occurs. The reason we have this is to require the government to diligently prosecute known crimes while evidence is reasonable available and fresh.

Subpoena - A court order commanding the appearance of a witness in a criminal case.

Subpoena duces tecum - A subpoena ordering not only the witness to appear, but to also bring specified records.

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Self-Defense - The use of force to protect yourself from a threatened physical attack. This is called an affirmative defense from the criminal defense side of the table. This defense can be asserted in violent crimes in Jacksonville, including Aggravated Battery, Aggravated Assault, Domestic Battery, Simple Battery, and Fighting.

Self-Incrimination - The act or declaration that you admit guilt or connection with a crime.

Sentence - The judgment that a criminal court formally pronounces after finding a defendant guilty of criminal charges.

Concurrent Sentences - If you are found guilty of more than one crime, your sentences for both charges can run concurrent, which means they are served a the same time. For example, if you are convicted of both DUI and Resisting an Officer Without Violence, a judge could sentence concurrently to 5 days on the DUI and 10 days on the Resisting charge. Because you will be sentenced concurrently, the full amount of time you will serve is 10 days.

Consecutive Sentences - Separate sentences that are to be served back to back, not together. For example, if you are convicted of Possession of Marijuana and Possession of Drug Paraphernalia, the judge could sentence you to 5 days on the pot charge and 20 days on the paraphernalia charge. You will serve the 5 day sentence first and then begin your 20 day sentence after.

Sixth Amendment - The constitutional amendment that guarantees, in criminal cases, the accused to a right to a public and speedy trial by a jury of your peers. You have the right to be informed of the charges against you, the right to confront the witnesses in the case, the right to have a criminal defense lawyer to represent you, and the right to compel witnesses who have information favorable to you.

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Retainer - A fee paid to a Jacksonville criminal lawyer to secure legal representation for your criminal charges.

Retrial - A new trial in a case that has already been tried.

Right to Counsel - If you are facing criminal charges, you have a constitutional right, which is guaranteed by the 6th Amendment, to be represented by a criminal lawyer even if you can't afford to hire one.

Ruling - The outcome of a judge's decision on some point of law.

Scofflaw - A person who treats the law with contempt.

Search - The examination of people or their property with the intent to find evidence not in plain view.

Search Warrant - A judge's written order on behalf of the state authorizing the police to to search for evidence at a specific address.

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Privilege - A special legal right that is granted to a class of people. In cases of Attorney-Client Privilege, the client can refuse to disclose and prevent any other person from discussing confidential communications between a client and their criminal attorney.

Probable Cause - A reasonable ground to suspect that a person has committed a particular crime. The standard is "more likely than not".

Probative - Tending to prove or disprove something.

pro se - When you are pro se, you are acting on your own behalf without the assistance of a criminal lawyer. You are acting as your own attorney.

Cruel and Unusual Punishment - Punishment that is disproportionate to the crime you are charged with. Degrading, inhuman, or otherwise shocking to the moral sense of the community.

Reasonable Doubt - A doubt that prevents you from being firmly convinced of a criminal defendant's guilt. The belief that there is a real possibility that the defendant is not guilty.

Rehabilitation - In criminal law, the improvement of a criminal defendant's character so that he can function in the community without committing future crimes.

Restitution - The money that is owed to a crime victim for damage they have suffered. It can be money for damaged property, doctor bills, even for bad checks.

Restraining Order / Injunction - An order from the Court that prohibits a person from contacting or approaching another person. Typically, if an injunction is entered, in addition to no verbal contact, you cannot go within 500 feet of the other person, their home, or work. If you do, or the other person tells the police you did, you can be arrested for Violation of Injunction, which is a first degree misdemeanor punishable for up to 1 year in jail.

If you have any questions about crimes in Duval County, Clay County, Nassau County, or St, Johns County, call our Jacksonville Criminal Lawyers at (904) 634-0900.

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Pardon - The act of officially stopping punishment or other legal consequences of a crime. The pardon is issued by Governor Charlie Christ in Florida.

Petition - In Juvenile criminal cases in Jacksonville, a petition is filed as the charging document. It lets the child and the criminal defense lawyer know the specific crimes the child is being charged with.

Plea Bargain - An agreement between a Jacksonville criminal defense lawyer and the prosecutor to resolve a case on behalf of the client. An agreement can only be reached with the permission of the person charged with the crime.

Pleading the Fifth - Asserting your right against self-incrimination under the Fifth Amendment of the United States Constitution.

Polygraph - A machine that evaluates truthfulness by recording involuntary physical changes in the body. It's results are not admissible in a criminal trial, but if a person facing criminal charges "passes" the test, they can be presented to the prosecutor to try to persuade them to drop criminal charges.

Possession of Drugs or Guns - Many times in criminal charges of possession of drugs or possession of a firearm, the type of possession is critical. Actual possession means the police found the item on your person. Constructive possession means that the item was in your control, but not literally on you.

Precedent - A decided criminal case that is the basis for determining later cases involving similar facts or issues.

Presentence Investigation Report (PSI) - If you plea straight up to the judge in a criminal case, it is out of your hands what happens to you. The judge has to make a decision about your sentence and the presentence investigation report helps him or her with that decision. The Florida Department of Corrections looks into your educational, familial , criminal, and social background and presents a picture of who you are to the judge.

Presumption of Innocence - If you are arrested for criminal charges, you are presumed innocent until proven guilty beyond a reasonable doubt. This is a fundamental criminal law principle that makes the government prove you guilty of what they are charging you with. The burden is on the prosecution, not you.

Prior Inconsistent Statement - A witness's earlier statement that conflicts with their testimony in a criminal trial. The Jacksonville criminal defense lawyer can introduce the prior statement to point out to the jury that the witness is saying something different this time than before. It goes to their credibility as a witness.

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Larceny - The criminal taking and carrying away of someone else's property with the intent to permanently or temporarily deprive them of it. Categories of larceny in Florida include petty theft and grand theft.

Laundering - The federal crime of transferring illegally earned money through legitimate people or accounts so that the original source of the money cannot be traced.

Malice - The intent to commit a criminal act with a reckless disregard of the law.

Miranda Rule - The requirement that, before the police can question you about a crime while you are detained, they must inform you of the right to remain silent so as to avoid self-incrimination and the right to have a lawyer present.

Misdemeanor - A crime punishable by a year or less in the Jacksonville jail, not prison. Examples include DUI, Domestic Battery, Petty Theft, Resisting an Officer Without Violence, Possession of Less than 20 grams of Marijuana, and Possession of Paraphernalia.

Mistrial - A trial that ends without a verdict because of a procedural error or misconduct during the trial. A mistrial can also occur if the jury cannot agree on a verdict.

Motive - The willful desire to cause one to act.

If you have any questions about criminal charges in Duval, Nassau, Clay, or St. Johns County, contact our Jacksonville Criminal Attorneys at (904) 634-0900.

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Jailhouse Lawyer - A prison inmate who gives legal advise to other inmates.

Judicial Notice - When a criminal court accepts a well-known and indisputable fact without requiring the lawyer to prove it. (The trial court took judicial notice of the fact that government offices are closed on Christmas)

Jurisdiction - A court's power to decide a case or issue a decree. (Criminal Circuit Court has jurisdiction over felony criminal cases)

Juris Doctor - Also known as J.D. It means Doctor of law and is the law degree given by American law schools.

Jury - A group of people selected according to law and they are given the power to decide questions of fact and return a verdict in the case submitted to them.

Jury Instruction - A guideline that a judge gives a jury concerning the law of the case.

Jury Nullification - A jury's intentional rejection of the evidence or refusal to apply the law. Juries do this because they want to send a message about some social issue that is bigger than the case itself or because the result dictated by the law is somehow unjust.

Juvenile Delinquent - A child (minor) who is guilty of criminal charges and is punished by special juvenile laws that do not apply to adults.

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Impairment - The fact or state of being damaged, weakened, or diminished. You can be arrested for DUI (Driving Under the Influence) in Jacksonville, Florida if you are driving a car while under the influence of alcohol to the extent your normal faculties are impaired.

Implicate - To claim that a person is involved in a crime.

Impound - To place a car or other personal property in the custody of the police. Many times, when you are arrested for felony criminal charges in Jacksonville and the police claim that a car was used in the commission of the felony, the police will impound your car. If money is owed on the car, the police will usually release the car back to you if you pay the impound and towing fees. If you own the car free and clear, the police are more likely to try to keep your car.

Imprisonment - The act of confining a person in prison in Florida.

Inchoate - When a crime is partially completed.

Incriminate - To charge someone with a crime or indicate someone's involvement in a crime. (The state incriminated the robbery suspect in Jacksonville)

Indigent Defendant - A person who cannot afford to hire a criminal lawyer is eligible to receive the services of the Public Defender in Jacksonville. Everyone, no matter their financial status, is entitled to a criminal defense lawyer if they are charged with a crime.

Informant - Someone who gives the police information on another person usually in exchange for something. If you have pending criminal charges in Jacksonville and you have information on another crime, you may receive some consideration if you tell what you know.

Information - The formal criminal charging document filed by the prosecutor. The information shows the actual crimes you are being charged with. It has to be sworn-to by the prosecutor who signs it.

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Felony - A crime that exposes you to imprisonment for more than one year or death. Felony crimes include Aggravated Assault, Aggravated Battery, Burglary, Arson, Robbery, Child Abuse, and Carrying a Concealed Firearm.

Felony-Murder Rule - The Florida law that makes you accountable if you are committing a felony with someone and the police kill your partner while investigating the crime.

First Chair - The criminal defense lawyer who acts as the lead attorney in court for a trial.

Gag Order - When the judge orders the attorneys, witnesses, and criminal defendants to not speak about a case to anyone, including the media.

Habeas Corpus - It literally means "you should have the body" In criminal law, you have to be brought before the court to determine if your imprisonment legal or not.

Harboring - The act of giving shelter or refuge to a criminal, or person accused of criminal charges.

Hearsay - A statement made out of court that is offered as true. These statements are not allowed unless they fit into a hearsay exception.

House Arrest - The confinement of a person who is accused of a crime or convicted of a crime to their home. They can also be monitored by an ankle monitor. Many times with house arrest in Jacksonville, you will be allowed to leave home only for work, to see the doctor, or school.

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

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Under the Florida Constitution, if you are accused of a crime, you have certain rights.

1. You have the right to receive a copy of the specific criminal charges you are accused of committing.

2. You have the right to compel the testimony of all witnesses relevant to the criminal charges against you.

3. You have the right to confront (or cross examine) all of the prosecutor's witnesses used against you in court.

4. You have the right to a speedy trial by an impartial jury in Duval, Clay, Nassau, or St. Johns County, depending where the prosecutor says you committed the crime.

Often, there is a "trial penalty" for exercising your right to a have a trial. If you believe you are innocent of the criminal charges against you and the prosecutor will not drop the charges, you may have a trial. If you are found guilty of the crime, it is up to the judge to sentence you to any way they wish. Many times, you will receive a more lenient sentence if you negotiate with the prosecutor or plea straight to the judge than you would if you exercised your right to have a trial.

If you have any questions about criminal charges in Duval, Clay, Nassau, or St. Johns County, call our Jacksonville Criminal Attorneys at (904) 634-0900.

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Discovery - Required disclosure of facts or documents relevant to a criminal case. When requested, the state attorney has to give all police reports, videos, and any other evidence in the case. The state attorney has to also give evidence that tends to negate the guilt of the arrested suspect.

Deposition - A witness's out-of-court sworn testimony. A Jacksonville defense attorney is able to ask any state's witness questions under oath.

Due Process - The conduct of legal proceedings according to the rules established for the protection of your rights.

ex post facto - After the fact. ex post facto criminal laws are unconstitutional because if you do something that is later made illegal, the government cannot then go back and arrest you for an act that was legal at the time.

Expungement of Record - The removal of convictions from your criminal record.

Extradite - To surrender or deliver a fugitive to another city or jurisdiction. If you have an outstanding warrant in Clay County and are arrested in Jacksonville, you could get extradited to Clay.

If you or anyone you know has questions about criminal charges in Jacksonville, Clay County, Nassau County or St. Johns County, call our Jacksonville Criminal Attorneys at (904) 634-0900.

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Confrontation Clause - The 6th Amendment to the Constitution that guarantees a criminal suspect's right to directly confront (cross-examine) the people accusing him or her of a crime.

Criminal Contempt - Conduct that defies the authority of the court or judge in a criminal case. If you are held in contempt of court in Jacksonville, you could have to pay a fine or even be put in jail.

Conviction - The act of finding someone guilty of a crime.

Corpus Delicti - The substance on which a crime has been committed. It literally means the "body" of the crime. What it means is that you cannot be convicted of a crime if the only evidence that you committed the crime is your confession.

Affirmative Defense - A criminal suspect's assertion raising new facts and arguments that, if true, will defeat the prosecution's allegations.

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

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Bail - The security (cash or a bond) required by the court for inmate release from jail.

Bond - To get released from jail by providing some security for a future appearance. To release after receiving the security.

Capias - A bench warrant.

Castle Doctrine - The criminal law doctrine that says you can use deadly force in your home and you don't have to retreat from danger in your own home.

Clemency - The power of the President or the Governor of Florida to pardon or commute (lessen) a criminal sentence.

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

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In the world of Jacksonville criminal defense, there are many words that can be confusing. Here are some definitions of commonly used legal words:

Accessory - A person who aids or contributes int he commission of a crime.

Accomplice - A person who knowingly, voluntarily, and intentionally gets together with teh principal offender in committing a crime.

Acquittal - When you are found not guilty of a crime.

Admission - A voluntary acknowledgment that facts are true.

Adversary Proceeding - A hearing involving a dispute between opposing parties. (usually the prosecutor and criminal defense attorney)

Affidavit - Written down facts sworn to by you before an officer authorized to administer oaths. (even a arrest and booking report made by the arresting officer is a sworn document, an affidavit)

Aggravated - Made worse or more serious by circumstances, usually violence in criminal cases. (like if you possess a gun while committing a crime)

Alibi - A criminal defense based on the physical impossibility of a suspect's guilt by placing them in location other than the scene of the crime during the commission of the crime. If you have witnesses that you were somewhere else at the time the crime was committed, you have an alibi.

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

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Many people wonder whether or not they can be arrested for a crime they did not directly commit. The answer is yes. You can be considered a "principal" or "accessory after the fact".

In Florida, you are a Principal if you had the intent that a crime be committed and did some act or said some word to encourage someone else to commit a crime. You don't even have to be at the crime scene to be charged as a principal!

You can also be considered an Accessory After the Fact. The prosecutor must prove that:

- A felony was committed by someone.
- After the felony was committed, you assisted the person who committed the felony.
- At the time, you knew the person had committed the felony.
- You helped that person escape or avoid arrest.

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

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Recently, an inmate at the Duval County Jail in Jacksonville was forced to cut his hair against his wishes. Jagmohan Singh Ahuja claims having his hair cut is against his religious views. Ahuja is a Sikh and they believe that men and women should not cut their care and men have to cover their hair with a turban.

The Jacksonville Sheriff's Office cites security concerns for the haircut. All sentenced inmates have to get a short haircut and wear no head coverings. This prevents the Jacksonville inmates from hiding any possible weapons or other illegal items. As soon as a defendant pleas to a charge and is sentenced or is found guilty and sentenced, their hair is cut and they are transferred to the Montgomery Correctional Center (also known as the p-farm) on Lannie Road in Jacksonville.

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If you are arrested in Jacksonville, what exactly can the police search?

If the Jacksonville police officer makes a lawful arrest, they can search the area within the accused person's immediate presence, including the car they are in, for the following purposes:

1. To protect the officer from attack.

2. To prevent the arrested person from escaping.

3. To discover the fruits of the crime.

The police can take (seize) anything discovered on the arrested person's body or within their control.

If you were arrested and have questions about your rights, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Recently, Jacksonville Jaguar Fred Taylor was issued a Notice to Appear instead of being arrested for Disorderly Conduct. In Florida, a Notice to Appear is a written order issued by the police in place of a physical arrest. The Notice requires the person accused of violating a law to appear in court at some future date to handle the criminal charges.

Jacksonville police can issue a Notice to Appear instead of arresting someone if the criminal offense is a first degree misdemeanor, a second degree misdemeanor, or a violation of a Jacksonville ordinance. It is up to the arresting officer whether or not to issue the Notice. The police will not issue the notice to appear if:

1. The accused does not identify himself or herself or give all their information to police.

2. The accused does not sign the Notice to Appear.

3. The police believe leaving the accused out of jail will be a risk to others.

4. The accused has no ties to Jacksonville that are sufficient to secure their appearance at a future court date.

5. The police believe the accused has may have a warrant in another city.

6. The police believe the accused previously did not appear in court on a past Notice to Appear.

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In Florida, your property can be seized if you are arrested for a felony, That includes your:

- Car
- Money
- Guns
- Tools
- Books
- Records

These items have to be used in the commission of a felony, aid in the commission of a felony, or are bought with the money gained from committing a felony.

In Jacksonville, particularly in drug busts, narcotics detectives like to seize the cars and money that belong to the people they arrest. If any money is owed on the car, the probability of JSO keeping the car is reduced.

You are entitled to a civil forfeiture hearing before JSO completely takes ownership of your property. Call our experienced forfeiture attorneys at (904) 634-0900.

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