Jacksonville Criminal Attorney Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Supreme Court will make a decision in 2010.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

First Degree Felony: 4 years

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

Most other felonies in Jacksonville: 3 years

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

Under Florida law, the police can strip search you only under certain conditions. Strip search is defined as having someone who is under arrest take off or arrange their clothing so an officer can do a visual or manual inspection of your genitals, backside, anus, or breasts. You can only be strip searched if:

1. The officer has probable cause to believe you are hiding a weapon, drugs, or controlled substance.

2. A judge at first appearance denies bond and you can't get out of jail.

3. Every search is performed by someone the same sex as the arrested person and is conducted in a private place.

4. The search is performed in clean environment.

5. The officer gets written permission from a supervisor.

When you have been arrested in Jacksonville for a felony and you enter a plea to a charge, you may be eligible for a "withhold" of adjudication. That means that you will not be convicted of the charge and thus not a convicted felon.

If you are found guilty or enter a plea to certain felonies in Florida, the judge cannot withhold adjudication. They are for any capital, life, or first degree felonies.

If the charge is a second degree felony, the judge cannot withhold unless:

1. The prosecutor asks for it in writing or

2. The judge writes reasons based on circumstances surrounding the case.

If you were charged with a third degree felony in Jacksonville, the judge can withhold adjudication if it is your first time. If this is your second third degree felony, the judge cannot withhold unless the prosecutor requests it in writing or the judge makes written findings about why it is appropriate a second time.

You cannot get a withhold of adjudication if you have two prior withholds for felonies.

As a Jacksonville Felony Lawyer, if my client has been arrested for a felony, my first goal is to get the case dropped. If the state attorney files the case, our Jacksonville Criminal Law Firm fights the charges in court. If our client wants to enter a plea to a felony, we do everything we can to prevent our client from becoming a convicted felon.

If you have pending criminal charges in Jacksonville or are a friend or relative of someone who does, witness tampering can come up. As a Jacksonville criminal defense lawyer, I have had many clients who want to contact the alleged victim in a domestic battery case or call the witnesses to their DUI case. I always warn them to be careful to not try to sway the witness or victim because they could be charged with witness tampering.

You can be charged with this in Jacksonville if you use intimidation, force, or threat to make someone to:

1. Withhold testimony

2. Alter or destroy evidence

3. Evade a lawful summons (subpoena)

4. Not appear at an official proceeding when they have been served with a subpoena)

5. Testify falsely at an official proceeding

If the pending criminal charge in Jacksonville is a misdemeanor, tampering with a witness is a third degree felony punishable for up to 5 years in prison.

If the criminal charge was a third degree felony, tampering carries a 15 year maximum as a second degree felony.

It will be a first degree felony to tamper with witnesses in a second degree felony case in Jacksonville.

Restitution is money that is paid to a crime victim to compensate for loss caused by a criminal defendant. Many times, if you are arrested for theft crimes in Jacksonville or criminal mischief crimes in Jacksonville and you enter a plea, paying restitution will probably be part of your sentence.

The prosecutor has the burden to shoe that your criminal offense cause the victim's loss, directly or indirectly. It is not enough to show that the victim suffered losses at the same time. The amount of restitution has to be based on more than speculation. The prosecutor has to present competent and substantial evidence. Jacksonville criminal lawyers can explain the concept of restitution further.

In our country, you are entitled to a trial if you are arrested and charged with a crime. You have that right under the United States Constitution and under Florida's Constitution. The state attorney has to prove you guilty beyond a reasonable doubt at trial. Even though you are not supposed to be punished by going to trial, that sometimes happens.

Judges sometimes enter into plea negotiations before trial. A judge may make a "court offer" if the case cannot be resolved with the prosecutor. Let's say that a judge makes a court offer of probation before trial and the defendant rejects it and wants a trial. If the jury returns a verdict of guilty on the charge, the judge should not sentence the defendant to something higher than probation if no new bad facts came out at trial. In other words, unless the judge heard something he or she didn't know until the trial, the harsher sentence is considered vindictive.

There is an analysis that is done to determine if a judge's sentence is vindictive. The analysis asks:

1. whether the judge initiated the plea discussions

2. whether the judge, through comments on the record, appears to have departed from the role of an impartial arbiter by urging acceptance of a plea

3. whether the judge implied that the sentence hinged on future decisions of the defendant

4. was there a disparity between the plea offer and the sentence exposed

5. was there a lack of any facts on the record that explained the reason for the increased sentence?

A police officer has many charges he can arrest you for, and a common arrest in Jacksonville Beach is Disorderly Conduct. In order to commit this crime, you have to commit an act that corrupts public morals, or outrage the sense of public decency, or affect the peace and quiet of people who may witness your behavior. Speech alone cannot support a conviction for this misdemeanor in Florida.

Just speaking or yelling cannot support this charge, but if your words incite or intend to incite others to breach the peace, that can be considered disorderly conduct.