Articles Posted in Battery – Domestic Battery/Violence

Florida Woman Jailed after Turning in her Husband’s Firearms to Police

Courtney Irby has been arrested for armed burglary for acts committed while trying to protect herself from domestic violence in Polk County Florida.  News4Jax covered the recent story regarding Irby who is currently charged with Armed Burglary, a felony punishable by life under Florida Law.  The arrest has caught the attention of law makers as well as both sides of the “gun control” debate.

The MSN news article lays out the facts as police reported what happened in these two cases.  Irby and her estranged husband are going through a divorce.  Her husband, Joseph Irby, was recently arrested for Aggravated Battery- Domestic when he allegedly rammed Courtney Irby’s motor vehicle with his own motor vehicle.  He was arrested on June 14, 2019.  The incident began in the courthouse parking lot and continued to the roadways were the husband continued to attempt to run the victim off the road.  A review of the police report on the husband shows that the victim was speaking with 911 during the incident, so this 911 call’s recording will certainly be used as evidence.  When the police spoke with the victim the report states that the victim was uncontrollably crying and stated numerous times “She was in fear for her life.”

A further review of the court records show when the husband went through first appearance court (Bond Hearing), the Judge set a $10,003.00 bond with Pretrial Services.  Pretrial Services is a program that acts similar to probation while an individual is out on bond.  A defendant may be required to wear a GPS monitor, SCRAM monitor (anti alcohol leg monitor), weekly drug testing, weekly visits with a case manager,  ordered to have no contact with the victim,  ordered not to travel or leave the county of arrest, and various other conditions.  In the instant case the husband is required to call into Pretrial Services every Monday, Wednesday, and Friday as well as to check in with Pretrial Services after each and every court date.  The husband was also ordered to have no contact with the victim, and to follow the conditions ordered in an injunction between the husband and the wife.  The husband is also prohibited from leaving the State of Florida without permission from the Judge.  Should the husband violate any of his court ordered conditions of pretrial release, he is subject to his bond be revoked and set at zero and he will wait in jail until his case or the resulting sentence is over.

The husband bonded out of the Polk County Jail on June 19, 2019 and his attorney has already filed a motion to request his Pretrial Services order modified so that the husband may travel out of the State of Florida for work purposes.

After the husband was arrested, the wife filed with the Court system a Domestic Violence Injunction for Protection from her husband.  A temporary injunction was granted by the Court and hearing date was set for June 28, 2019.   A temporary injunction acts very similar to a regular injunction, and is often granted by a Judge to keep individuals safe until a hearing can be conducted with live testimony in which the Judge will then make a decision to grant a permanent injunction.  An injunction has two parties. A petitioner is the person seeking the injunction.  A respondent is the person the injunction would placed on.  When deciding to grant or deny a temporary injunction, all the Judge has to review is the sworn affidavit or the words written down by the petitioner.  If a temporary injunction is granted, the respondent must forfeit all of his/her firearms and have no contact with the petitioner. The injunction is not a criminal matter. It is handled in a civil court division normally referred to as Domestic Violence Court.

After the temporary injunction was granted against the husband is where the wife has found her own self fighting a criminal case of her own.  On June 15 the wife entered the Lakeland Police Department to surrender the firearms owned by her husband.  Her rationale was that the husband would not surrender the firearms on his own, so in fear of her own life, she went to his home, went through a locked front door, took the guns, and brought them to the Police Station.  During this time, the Police Officer asked the wife if she had permission to be in the husband’s home, which the wife admitted she did not.  The officer at this time determined that the wife had broken into the husband’s home, which is a burglary (Second Degree Felony, punishable by up to 15 years in Florida State Prison).  Further complicating matters for the wife, since she took the firearms out of the home, she was charged with an armed burglary (First Degree Felony, punishable by up to life in Florida State Prison).  The wife was also charged with two counts of Grand Theft of a Firearm (Third Degree Felony, Punishable by up to 5 years in Florida State Prison).

In first appearance count, the Judge Determined probable cause existed, and set bonds of $1000.00 for each grand theft and no bond on the armed burglary.  It is important to note, that a punishable by life felony under Florida law gives the Judge the ability to set no bond.  The wife’s attorney filed a motion to set bond shortly after the defendant’s arrest in which the Judge went from the no bond on the armed burglary charge to a $5,000.00 bond in which the wife posted shortly after. Continue reading

Reports say beat girlfriend’s 3 year old with a belt

A registered sex offender was recently arrested and booked into the Duval County Pretrial Detention Facility on a first degree felony charge of aggravated child abuse.  The allegations are that the defendant beat the three year old boy with a belt because the child kept falling asleep in the bathtub.  A first degree felony, under Florida law, carries a maximum sentence of 30 years.  The defendant was released from the Florida Department of Corrections in June of 2013.  Records show that he went to prison twice on a 2007 case for lewd battery, victim between 12 to 15 years.  He originally served 15 months, was released on probation, violated probation and was subsequently sentenced to what was a total of 6 years.  He left prison as a designated sexual offender subject to lifetime registration. His residence will always be available by checking online with the Florida Department of Law Enforcement, FDLE for short.  If this defendant pleas or is convicted here, he will “score” prison under the Florida Criminal Punishment Code.  The state attorney assigned to the case, in addition to the offender’s  defense attorney, will quickly be able to calculate his minimum prison sentence exposure. Unless there are statutory departure qualifiers here, the judge assigned to this case, must give what is called a “guideline sentence” as a minimum.   Factored into his score will be his criminal record to date since Florida law uses the cumulative history of an individual much like a potential lendor views a loan applicant’s history of payments or non payments which helps formulate a credit score. As people with a checkered credit history pay more to borrow money, offenders with serious criminal histories pay more in terms of incarceration for their instant offenses.  The present offense will also be scored and that score may include extra points for the level of injuries to the 3 yr. old.

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Baltimore Ravens Star Rice Indicted One Day, Marries Victim of the Charged Crime Very Next Day

NFL running back Ray Rice was indicted last week in New Jersey for aggravated assault against his fiancee, Janay Palmer.  Parts of the domestic violence episode were captured on security cameras at the Revel Casino and Hotel, located in Atlantic City, New Jersey.  Rice can been seen on one video dragging the unconscious Palmer by her arms out of an elevator.  Rice was charged with a third degree felony which could carry a three to five year sentence.  Ms. Palmer was also arrested for simple assault with prosecutors later deciding to drop that charge.  Rice married the victim in the case the day after the indictment on felony charges.  Rice signed a five year $35 million contract with his team prior to the 2012 season.  The couple is together, happy and in counseling according to The Press of Atlantic City after the paper spoke to Mr. Rice’s attorney. It is also reported that the victim, the new Mrs. Rice, does not wish to pursue the prosecution of her husband.

Spousal Privilege, Can She Be Forced To Testify?

The now happily married Mrs. Rice may or may not have to testify against her husband.  Many women in these type of domestic situations decide to be reluctant, recalcitrant, defiant witnesses for the prosecution to manage. Also, in the majority of states, a crime involving a victim is heavily victim-driven in the prosecutor’s office, with the victim’s desire for prosecution or lack of any interest in further prosecution weighing in on the prosecutor’s discretion to proceed or just drop the case.   Certain legal analysts, such as Lester Munson of ESPN, have stated that Mrs. Rice could claim spousal immunity, meaning a spouse can’t be forced to testify against the other spouse.  She could claim it but that does not guaranty it would be granted.  Although this is a New Jersey case, many states have similar evidence codes. Under Florida Statute 90.504(1), either spouse may claim a spousal privilege to communications  intended to be made in confidence between the spouses while they were husband and wife.  Additionally under Statute 90.504(3) (b), there is no spousal privilege during a criminal proceeding where one spouse is charged with a crime, committed at any time,  against the other spouse.   Under Florida’s laws Mrs. Rice could be forced to testify. If the prosecutor can prove the case without her through videos or other witnesses, they may take that route. Continue reading

Earlier this week, a 22-year old man and a juvenile female were arrested by police in relation to an overnight crime spree that started in Flagler County and ended in Hardeeville, South Carolina. According to a report by the Fox News affiliate in Jacksonville, police are claiming that the couple called for Chinese delivery and beat the delivery driver upon his arrival. Allegedly, the couple pretended to be law enforcement officers and, after beating the man, handcuffed him and put him into the back of his own car.

According to police, the couple then pushed the delivery driver from his own car before committing an armed robbery in St. Johns County. Police spotted the couple in Georgia, and the couple led them on a high-speed chase. Ultimately the couple got away until they were again spotted, and this time stopped, in Hardeeville, South Carolina. Although charges have not yet been filed, the adult male faces charges of: kidnapping, aggravated battery, robbery and grand theft.

Juveniles Can Be Tried as Adults in Florida

While juveniles are generally tried in the juvenile justice system, Florida lawmakers have carved out certain exceptions to that general rule. In these cases, juveniles are tried just as adults are in regular court, with the same exposure to the lengthy sentences.

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After calling police to report that her roommates stole a bag of crab legs from her, a Fort Pierce woman threatened police with a packet of chicken. According to a report by the International Business Times, the woman noticed that her food was missing from the freezer and blamed her roommates, who denied responsibility. The woman then called police who, upon responding to the call, determined that no crime had been committed.

The police officer allegedly claims that the woman was intoxicated at the time and became increasingly angry, eventually threatening the officer with a package of chicken for failing to take action against her roommates. The woman was then immediately arrested and charged with disorderly intoxication and resisting arrest. She now remains free after posting $250 bail.

Intoxication and Police Don’t Mix

Police generally do not like dealing with intoxicated people. Whether they are behind the wheel of a car, outside a bar getting into a fight or, in some cases, even in their own home. Police see an intoxicated person as unpredictable and as a potential threat to their safety. Therefore, police sometimes take extra precaution when dealing with an intoxicated citizen.

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Simone A. Baker, the mother of a kindergarten boy Kansas City received a citation for criminal assault because, police say, she inflicted a vicious beating on the boy’s teacher at Truman Elementary School. Baker allegedly entered the school and proceeded directly to the unidentified teacher’s classroom at about 6 p.m. After stating to the teacher, “You better not touch my kid again,” she punched the teacher in the head five to ten times, jerked the teacher out of her chair by the hair, and then smashed the teacher’s head twice against a filing cabinet. There were no students in the classroom when the incident occurred.

Baker had a motive. Earlier in the day, her six-year-old son had come home with a scratch on his neck. He apparently told his mother that the teacher caused it when she had punished him for something during the school day. Hickman Mills School District officials told the local NBC affiliate that something did, in fact, happen between the kindergarten teacher and the student, but they provided no additional details.

Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent or intentionally causes bodily harm to another person.” A Battery becomes an Aggravated Battery if “during the commission of a battery, he/she: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Uses a deadly weapon.

Seeing one’s child harmed can cause many to lose their cool, and coupled with the accompanying accusation that the teacher was the cause of the harm, has landed many of Jacksonville’s citizens on the wrong side of the law. Sometimes because one cannot control one’s emotions, things get out of hand, for some, acting in a manner consistent with temporary insanity. Unfortunately, if a court feels that one’s sanity could be questioned when around the alleged victim, or the victim feels reasonably threatened by the accused, a restraining order may be obtained in certain situations that may restrict one’s movement in certain locations.

In this situation, the school district has already stated that they will attempt to prosecute Baker to the fullest extent of the law. That being said, a restraining order will most likely be brought against Baker forbidding her from entering school grounds. This will make taking her son to and from school a challenge, particularly if there is no school bus for her child to ride.

In the eyes of the law there is no excuse for acting out in rage. The outcome when acting on an unsubstantiated claim of abuse against one’s child can leave one in a lot of trouble and with a need for legal assistance to protect one’s rights, especially if that claim is later found baseless. 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.

Some become enraged at the idea of someone causing harm to someone important in their life and act out in defense. However, the consequences of acting out may be worse than one may realize, and may appear the end to someone just charged with the crime. If one has been charged with a similar crime, one should obtain an experienced attorney to fight the case and ensure ones’ rights are protected.

The key to obtaining a favorable outcome when being accused of an assault or battery crime of this nature is thorough investigation of the circumstance of the offense, particularly establishing that one’s actions were for the protection of one’s young children Through proper investigation, one’s experienced violent crimes defense attorney can determine if the prosecution has satisfactory evidence to establish guilt, and if so, will be able to help the accused fashion a sentence which satisfies the requirement for punishment, but is beneficial to the accused’s rehabilitation and is compatible with the accused’s parental responsibilities.

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Florida Department of Juvenile Justice Secretary Wansley Walters has personally revised her agency’s recommendations about sanctions for the teenagers accused of beating a 13-year-old on a school bus in Gulfport. She is now advocating a tougher form of probation. The department previously had recommended giving two of the three 15-year-olds nine months of a program known as court-supervised probation. Prosecutors had recommended they get at least a stricter form of probation known as DJJ-supervised probation; upon further consideration, the DJJ determined that the highly violent nature of the incident warrants highly structured probation under DJJ supervision, as the state attorney’s office recommended.

Despite a decline in juvenile offending over the past decade, the population of youth confined in pre-trial secure detention has steadily grown. On an average day, more than 27,000 youth are estimated to reside in locked detention centers — a number that has grown 72 percent since the early 1990s. Further, many jurisdictions continue to rely on incarceration for youth in spite of research demonstrating that juvenile detention has critical, long-lasting consequences for court-involved juveniles.

In many cases, if a juvenile is given an alternative sentence, it is in the form of treatment or punishment in the community rather than incarceration. There are a few exceptions, many times allowing for the court to combine different forms of treatment and punishment. Sometimes, this blending of the sentences of a juvenile offender who has committed a serious crime may end in the offender receiving a sentence that combines both a juvenile sentence and an adult sentence.

The State would wish that all juvenile offenders, regardless of the seriousness of their offenses, leave the system understanding that actions have consequences and that they are responsible for their own actions. No prison sentence can achieve this result for every offender, but mediation, restitution, and rehabilitation programs are some much more beneficial ways to encourage offenders to take personal responsibility for the harm inflicted by their acts.

School-based probation is a supervision model in which the juvenile probation officer works directly in the school rather than the traditional courthouse environment. This model allows the probation officer to contact clients more frequently, observe client interactions with peers and behavior in a social setting, and actively enforce conditions of probation such as school attendance.

One police department in Illinois has begun passing out green 3-by-5 cards to parents of youths suspected of being involved in crimes. The cards give notice of a time and date for an appointment for the youth and at least one parent or guardian to meet with a juvenile officer. The card also advises parents why the meeting is important, stating, “It may be possible for an Urbana Police Department Juvenile Officer to work with your child and discuss alternative options to the criminal justice system”.

Even if a juvenile has been arrested, the process of going through the court system can be stopped. If one obtains an experienced attorney, one’s attorney can work with the juvenile, the parents, and the prosecutor to see if staying out of the system, clean of a charge, is possible.
In Florida, some juvenile offenders are able to take advantage of one form of alternative punishment, called Pre-trial Intervention (PTI). Pre-trial intervention is a diversionary program administered by the State of Florida through the Department of Corrections (DOC). Eligible individuals who enter into a PTI agreement will be required to participate in a supervised program similar to probation, except at the end of the intervention term, if all conditions are successfully completed, the charge will be dismissed.

The key to obtaining a favorable outcome when young children and juveniles face criminal charges is thorough investigation of the circumstance of the offense. Through proper investigation, one’s experienced juvenile crimes defense attorney can determine if the prosecution has satisfactory evidence to establish guilt, and if so, will be able to help the juvenile fashion a sentence which satisfies the requirement for punishment, but is beneficial to the juvenile’s rehabilitation.

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Jacksonville is a large diverse city with diverse people from all walks of life. Some of Jacksonville’s citizens choose take a path that leads to being charged with crimes. Any circumstances that leads one to being charged with a crime still entitles one to seek legal assistance to ensure that one‘s rights under the law is protected. One who finds themselves in this situation needs an experienced defense attorney to assist in ensuring one’s rights are protected.

A Florida man has been charged with child abuse and battery after allegedly choking a teenage driver who gave him the middle finger. Edward Lepore, 57, of Palm Bay, got into an argument with the 16-year-old boy, and the teen wound up flipping him off and driving away. Lepore then allegedly tailed the boy in his car until the teen pulled over, when he out of his vehicle and approached the window. The victim asked why he was being followed. That’s when Lepore allegedly reached in through the window and strangled the boy for a few seconds.

Assault is defined as an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent. Assault is a second degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine.

In many situations, the victim of a crime may be charged with a crime because of an act or set of acts leading to their being harmed by the person who battered them. In cases like these, sometimes teenage conduct rises to the level of an assault, such as cases like and in others, there is simply no evidence of an assault.

Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent or intentionally causes bodily harm to another person.” A Battery becomes an Aggravated Battery if “during the commission of a battery, he/she: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or Uses a deadly weapon. Also, a person commits aggravated battery if the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.”

Battery is a first degree misdemeanor, which has a maximum penalty of 1 year in jail and a $1000 fine. Due to a lack of evidence often associated with choking cases, the punishment inflicted on those convicted tends to be rather minor. In order to impose more severe punishments for choking incidences, thirty states have initiated measures that permit choking or strangulation to be classified as a felony criminal offense.

Choking or strangulation impedes the ability to breathe and can reduce the amount of oxygen flowing to the brain. As a result, choking can cause permanent brain damage and other physical injuries. A major problem with many of these cases is that there is a lack of enough physical evidence in these cases to pursue higher charges, yet the case has the support of police officers and prosecutors who try them. Other times, the violent act is only prosecuted as a misdemeanor, without the fear that the offender will likely repeat the violent act against the victim since the criminal punishment is minor. In either case, a restraining order may be obtained in certain situations that may restrict one’s movement in certain locations.

Roadrage and the accompanying actions have landed many of Jacksonville’s citizens on the wrong side of the law. Sometimes because one cannot control his emotions and things get out of hand one acts in a manner consistent with temporary insanity. In the eyes of the law there is no excuse for acting out in rage.The outcome when acting on road-rage can leave one in a lot of trouble and with a need for legal assistance to protect one’s rights. 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.

Fortunately, one does have an option for relief. One should contact an experienced attorney who can work with the Judge. 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. Fortunately, if one obtains an experienced Jacksonville battery 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.

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The Sarasota County Sheriff’s Office has captured and arrested Roy Pandeloglou, an alleged violent fugitive who has been on the run and in violation of his state probation for the past 13 months. Pandeloglou was on probation for a 2010 felony battery case in which he caused great bodily harm to the female victim, according to the sheriff’s office. Pandeloglou, who absconded in June 2012, is being held without bond.

Each Jacksonville aggravated battery case is unique and will involve both negative facts and positive enlightening information on the case to prove that the prosecution does not have a case that proves the defendant guilty beyond a reasonable doubt. Strong legal representation provided by an experienced Jacksonville aggravated battery defense attorney could be the difference between a one’s freedom and severe penalties.

Under Florida Statute §784.045, An Aggravated Battery is a second degree felony, exposing one to a maximum penalty of 15 years in jail and a $10,000 fine. A Battery becomes an Aggravated Battery if during the battery, one intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon. Also, a person commits aggravated battery if the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.”

Many times, the “primary aggressor” will be going to jail and will be held until First Appearance. Many times one party will lie or embellish the story in order to have the other party arrested. Other times, one party will leave out the fact that they hit the other party first. Other times, police will assume that because the assumed victim has more bruises, that they are not the primary aggressor. Many forget bruising is subjective, leaving many to think that the harm caused was much more severe than in actuality. As result, the wrong person is determined as the “primary aggressor” and charged with domestic violence assault or domestic violence battery.

In this case, the victim was a female. Many times, with battery charges involving a female, the investigative strategies and techniques used by police in handling what may or may not be a potentially violent situation will change, becoming very aggressive towards the accused. The method for determining who the primary aggressor is in a domestic violence case has many holes in it. For example, a male and female have an argument in the house that they occupy together. The female throws three punches that the male does not respond to. Eventually the male retaliates, by yelling, and slamming the door in the female’s face, which bludgeons the female’s head, causing major injury. The male has taken the punches, but exhibits no major outward injury. The police arrive 15-20 minutes later to a busted, bloody door and bloody-faced female. Who was the actual primary aggressor? In the eyes of the police, probably the male, who will be arrested and will sit in jail until First Appearance.

Remember, even though simple battery, aggravated battery, and domestic battery cases can often be the result of baseless and false accusations by angry partners, one should obtain an experienced Jacksonville battery defense attorney to protect one’s rights and help one follow the right path in one’s case. Without an attorney, one might waive a worthy defense and plead guilty, thinking cooperation will be rewarded. However, one’s reward will often be mandatory jail time and anger management counseling, and permanent criminal record that cannot be sealed or expunged.

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 an outstanding arrest warrant. If one is in a similar situation, one should obtain an experienced attorney to have the situation resolved, and if such a warrant or capias is currently outstanding, having that recalled.

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John Andrew Welden, the son of a Tampa-area fertility doctor, is accused of tricking his girlfriend into taking an abortion drug to kill her unborn child. Prosecutors allege Welden forged the doctor’s signature on a prescription for Cytotec, relabeled a pill bottle as “Amoxicillin” and told the woman his father wanted her to take the antibiotic. This incident was said to have occurred after an ultrasound at Dr. Stephen Ward Welden’s office that confirmed the pregnancy. The doctor is not accused of a crime.

If one has been charged with unlawfully taking another person’s life, one may be exposed to some of the most severe criminal penalties available in Florida. One must be proactive now to prevent a guilty verdict and the severe consequences this charge could have on one’s future.

In this case, Welden is accused of murder under federal statute 18 USC 1841(a)(C), his punishment being guided by the Federal murder statute. 18 USC 1111(a), the federal murder statute, allows for death or life imprisonment if one is found guilty of first-degree murder. First Degree Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, may be considered worthy of a first-degree murder charge.

In Florida, Injuries to a fetus are charged in the same degree that injuries to the mother would be. In other words, an injury to the mother that would constitute manslaughter if she died could be charged as manslaughter of the unborn child as well. The punishments correlate all the way up to murder in the first degree. Florida considers any viable fetus an unborn child. Because this is a serious crime involving substantial potential jail time, it is essential to mount an experienced legal defense with the help of a Jacksonville criminal defense attorney.

Many crimes involving a fetus or newborn child being killed is in cases where one have been driving one’s vehicle recklessly or carelessly and accidentally kills another person, either the child, the expectant mother and fetus, or the fetus alone. One may be charged with vehicular homicide or vehicular manslaughter in this case.

Remember, police are normally not witnesses to crimes, including intentional conduct or accidents that cause death; normally, the police arrive on the scene after the fact. As such, law enforcement may be quick to assume guilt on the living party due to intentional conduct or recklessness. However, homicide cases are not always cases of clear cut guilt. One’s charge may be pled down to a second-degree felony or possibly even lower,, depending on the circumstances.

The State Attorney’s Office many times takes upon themselves the duty to “throw the book” at every potential criminal defendant within the legal system, bringing forward new forms of evidence of the crime as well as strong arguments of one’s guilt. As such, one should obtain an experienced Jacksonville criminal defense attorney to fight the case and ensure one’s rights are protected. If one obtains an experienced attorney, 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.

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