Articles Posted in Gun Crimes

Duval Man Arrested for Gun Charge in Case Involving Deceased Five Year Old

A thirty four year old man has been arrested and charged with Possession of a Firearm by a Convicted Felon after an investigation into a murdered five year old girl.  According to a news report,  the incident occurred on Saturday, February 4th at the Roosevelt Garden Apartments.   Before the incident occurred a mother went to the store leaving her eight year old son, five year old daughter, and four year old neighbor alone in the apartment.  During this time the eight year old accidentally shot a gun tragically killing his five year old sister and wounding the four year old neighbor.

The Investigation Lead to the Arrest of Maurice Antonio Mobley

The Jacksonville Sheriff’s Office Homicide Unit conducted an investigation as to what occurred to leave an innocent five year old dead at the hands of her eight year old brother.  Certainly a question that needed to be answered is why were the three minors left in an apartment alone, and how on earth did an eight year old get his hands on a firearm.  Based on the recent arrest of Maurice Antonio Mobley, it is clear that Jacksonville Sheriff’s Office is placing the blame on Mobley for bringing the firearm into the apartment.  Based on the reports, Mobley was not present during the tragic shooting, however it is clear that someone saw Mobley possess the gun in the past.  More than likely the mother of the deceased five year old told Jacksonville Sheriff’s Office that the gun belonged to her boyfriend.  Jacksonville Sheriff’s Office would then run the background of Mobley and discovered he is a multiple time convicted felon as well as a Registered Sex Offender. Continue reading

Florida Residents May Carry Weapons Openly

Florida is a very pro gun rights and 2nd Amendment state.  Florida also has a  huge number of concealed weapons permit holders.  Recently, stories have hit the press describing how certain gunowners go fishing while wearing their sidearms old West style.  As strange as this may seem, the openly armed anglers are within the law.  Open carry is permitted under Florida law when the person carrying is fishing, hunting, camping, attending a gunshow or shooting.  The law also allows a person to carry while going to  these activities or leaving such activities.  This leaves plenty open to interpretation by law enforcement and state attorneys.  Many gun rights activists have taken to carrying a fishing pole in their vehicle at all times.  Telling an arresting officer, “I am going fishing”, could mean one is driving from Pensacola to Key West to go fishing.  It could mean going out back into your yard when you get home and throwing a rubber worm into the retention pond for bass or bream.  An aggressive officer trying to make an arrest is going to usually ask a series of rapid-fire questions of the detained individual.  The officer will be trying, on the spot, to disprove any story about going fishing, camping etc.  Most individuals will probably talk too much and help the officer’s case.

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Earlier this month, a sixteen year old Florida teen was sentenced to 25 years in prison for the attempted murder of a transgender woman. According to a report by NBCNews.com, the teen thought that the transgender victim was a biological woman, when she had actually been assigned male at birth. This upset the teen, so he followed the victim into a vacant house and shot her.

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According to police, the victim pretended to be dead and watched as the teen fled. But then, as the victim began to get up, the teen came back and shot her again.

Both the teen and his grandmother took the stand during the sentencing hearing and pleaded for the court to have mercy on the teen. The teen’s grandmother explained that he did not grow up with a male role model and that, despite this crime, her grandson “has a very good heart. He’s funny. He’s kindhearted. He has a problem.”

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Giovanna Borge A 19-year-old Port St. Lucie, Fla., was arrested after she squirted her boyfriend with a water pistol while he was playing an Xbox video game quietly in his bedroom. Three witnesses told police that Borge was angry when she squirted her boyfriend, who retaliated by pouring water over her and hitting her with a pillow. Borge was charged with misdemeanor battery for being the “primary aggressor” with the water pistol.

Jacksonville juvenile cases can be quite difficult to deal with, and as this case in particular shows, juvenile cases can be quite interesting. Borge was carrying a plastic water pistol, which witnesses claimed felt threatening. The witnesses did not act with reason when speaking to police, and as a result of her actions in front of those witnesses, she is now facing misdemeanor battery charges. indexwaterp.jpg

Jacksonville police actions have been scrutinized for many years, and for good reason. Many people from Jacksonville have had run-ins with the police that could have ended very differently, had the actions of that officer or set of officers been more thought out.

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.” In this case, the most that Borge should have been charged with was misdemeanor property damage, and even then, her experienced attorney would be able to plead the defense of co-ownership.

Many law enforcement officials, when considering facts similar to Borge’s unfortunate case, will say, like the Jacksonville police chief has said in the past, the police responded in the proper manner. However, police do not often consider without a superior suggesting it, that alternative methods of subduing suspects could and should be used, as well as whether the witness testimony alone is enough to charge.

Many gun cases are similar to Borge’s, especially in regards to plastic toy pistols that when spray painted properly, look like working firearms. Most tend to be cases where the accused was not given time to put down the weapon, the police thought that the accused was acting in a way that seemed threatening, or the police felt that the problem of the accused needed to be dealt with more aggressively. Whatever the case, the accused in these cases tends to suffer at the hands of the police rather than the hands of the judicial system.

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Members of the Armed Citizen Project of Florida have been dropping leaflets on doorsteps in the Sunshine Gardens community near Orlando, Fla., offering to “arm volunteer households,” with free shotguns and ammo. This is perfectly legal because what we’re doing is we’re offering first of all a certified gun-instruction class, but we’re not handing out the shotguns whatsoever.” the ACP state director Ron Ritter told local NBC affiliate WESH. Ritter said a firearms retailer would supply the shotguns and ammunition and transfer ownership once the volunteer passes a background check. Many residents interviewed by local media seemed a baffled by the effort, particularly since the community isn’t known as a high crime area.

Some neighborhoods form watch programs over their neighborhoods to look out for any suspicious activity in their areas. Many neighborhood watch volunteers, when faced with what might be considered a dangerous situation, especially at night, exercise the option they feel ensures the most safety for themselves. indexshotty.jpg

For some, safety means calling police after seeing a person who’s walking around the window of a house, who they might think is a home burglar. However, that is the point of a neighborhood watch: to watch. The police will handle the apprehension of the suspect and will be held accountable to the law if they fail in the process, meaning a dismissal in many cases of a baseless charge.

Many organizations are taking upon themselves the responsibilities of law enforcement. In this case, the group is in the process of obtaining nonprofit status and contacting gun shops and NRA instructors willing to donate shotguns and training. ACP is hoping to train and arm 1,000 volunteers by year’s end. This means that 1,000 people will have a weapon that they might not have before thought of owning, but now that they do, they might use.

Unfortunately, as one can see from recent gun related crimes in the news, background checks do not always mean that one should own a gun. There are those who do not control their anger. Put a gun in one of those people’s hand and one may have a recipe for mass murder. However, this does not mean that one should not own a gun. Home defense is a choice, not a requirement.
When a private organization first initiates circumstances like this, the potential for danger skyrockets. The accused may suffer at the hands of partial jury pool, and may not have a smoother time in the court system. Many times, when activities like this are highly publicized, the charges are not filed immediately, giving the media has ample opportunity to inform the public as well as fill the public’s minds with the many opinions on the issues, making the jury pool tainted.
Unfortunately for the accused in a situation like this, one has a very slim opportunity to make sure that the jury and even the judge one goes before will not be tainted and be unfavorably swayed away from impartiality. However, if one in a situation like this obtains an experienced Jacksonville gun crimes defense attorney to fight for one’s case, one can ensure one’s rights are protected and that one will have the best defense possible to one’s charge.

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National lawmakers have been reminded of the need to give mental health providers better resources to treat dangerous people and prevent them from buying weapons. The shooting at the Washington Navy Yard by a man who authorities say showed telltale signs of psychosis is spurring a push to move ahead with bipartisan mental health policy changes. The new debate over gun control is beginning to turn not on weapons or ammunition, but on the question of whether to spend more money on treating and preventing mental illness.

Modern day gun laws assume that probable wrongdoing will occur simply because a certain type of conduct is admitted to have occurred in the past. However, simply because an individual checks themselves into rehab or anger management does not necessarily mean that the individual is or should now be considered dangerous or of a level that would not allow ownership of a gun. For example, on July 1st in Florida, the legislature passed House Bill 1355 that blocks gun sales to some people who voluntarily admit themselves for mental-health treatment. The government uses an assumption as the sole grounds for the justifying the law. However, the law fails to consider that the alternative; that maybe the person who checked themselves into treatment got treated, and that they will not be a danger to society. indexgunc.jpg

Many have fought for gun regulation for years because of terrible gun involved crimes such as Sandy Hook and movie theaters. HB 1355 is such a response to these crimes. For nearly 40 years, federal law has barred certain individuals with a history of mental health treatment from purchasing, receiving, or possessing firearms. State laws are a patchwork of regulations, some being identical to the federal statute, while others are much more inclusive than the federal statute,. In some states, such laws are nonexistent. For the past 20 years, it has been possible to petition for relief from the federal prohibition; however, this is no longer the case in Florida.

One can talk to any number of clinicians and physicians who will probably recall a past patient of theirs who should not possess a firearm and have never been treated involuntarily. However, that same number will also state that there are those that were committed voluntarily who have completely recovered from whatever mental condition was ailing them and are fine to possess a firearm.

While it is presumably less difficult for the purpose of background checks to identify patients who have been committed, it would also be possible for states to mandate reporting of psychiatric patients who should be barred from possessing firearms, as is done for driving privileges in cases of epilepsy, narcolepsy, dementia, and so on.

Unfortunately, there are many federal and state laws being created every day that are leading the push towards making owning and operating a gun legally extremely difficult if not impossible. Even more unfortunate is that these laws are not cleaning the streets of criminals, but law abiding citizens who many times are just coming back from the shooting range with spent brass they could have used in a reloading kit.

For example, Washington D.C. police are arresting tourists and other non-residents for traveling with spent bullet or shotgun casings, a crime that carries a $1,000 fine, a year in jail and a criminal record. Under this federal district law, live or empty brass and plastic casings must be carried in a special container and unavailable to drivers. Having one, for example, in a cup holder or ash tray is illegal. Obviously, one can see that this law is not meant to take care of a dangerous offender, but create a thousand dollar deposit in the State’s pocketbook every time someone is found with empty shell casings.

Many times throughout Jacksonville, the accused is just someone who never knew they left their gun in the car, or never thought someone else might have put a gun in the car; because of their lack of knowledge, they suffer at the hands of a powerful State operated legal system. Fortunately, if one obtains an experienced Jacksonville gun crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one may not win on one’s own.

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U.S. Marshals have arrested and charged Joubrun Rick Edmond, and Jamar Mousakheel with carkacking with a firearm, that was caught on surveillance video at a 7-Eleven. The victim, a 25-year-old man, rolled up to the gas pumps in a 2004 gray Ford Mustang. The man was approached by one of the robbers, who brandished a black, semi-automatic handgun. He pointed it at the victim’s face and demanded the car keys. The victim told the carjacker the keys were on the front seat. A few seconds later, the second robber approached and stood behind the victim, apparently toting a gun in his waistband. Both robbers then got into the Mustang and sped off.

Jacksonville carjacking crimes are serious offenses for all involved, because of the violent nature and complicated nature of the crime. Unfortunately, more young people are accused of crimes of this nature simply because of the thrill involved. However, the terror that will fill one’s life when charged with a crime like this will make one wish one could turn back the clock.
In Florida, carjacking means the taking of a car from the person or custody of another with the intent to permanently or temporarily deprive that person of the car and in the course of the taking there is the use of force, violence, assault, or putting in fear. If a gun or other deadly weapon is used while committing the carjacking, the crime is considered a first degree felony punishable by up to life in prison. If no gun, deadly weapon, or other weapon is used during the commission of the carjacking, the crime is considered a first degree felony, but is punishable by up to 30 years in prison. indexcarjack.jpg

Crimes that involve guns are typically prosecuted more vigorously by the State and are typically punished harder, especially those crimes that involved actual gun-fire or other forms of violence. The United States Department of Justice estimates that in about half of all carjacking attempts, the attacker succeeds in stealing the victim’s car. The goal of the State Attorney’s Office is to deter criminals from committing gun-related crimes by pushing harsher punishments for accused parties when they are sentenced.

A law was passed in 1992 making carjacking a federal crime. This change occurred amidst great media attention into the apparent spate of carjacking thefts, several of which resulted in homicides. The first federal prosecution of a fatal carjacking involved the shooting death of two men by carjackers using a stolen 9mm pistol in Osceola County, Florida in 1992.

Unfortunately, being convicted of car-jacking has a number of consequences that make re-integration into the community an extremely difficult process. When the police come accusing one of carjacking, the first statement one should make is a request for an experienced attorney who can fight the case and ensure one’s rights are protected.

Carjacking is an extreme offense to have on one’s record, and unfortunately, this charge is not one that can be sealed or expunged from one’s records. What is even worse is that there are many ways other than through government agencies that a potential employer might find one’s records, making finding employment after prison improbable, if not impossible.

Sometimes the circumstances of the crime are of such a heinous nature that a Judge might decide to render a harsher punishment upon the accused. However, if one has a good record, such as documented good behavior in the community, or no run-ins with the law, then the Judge might take a second look and lighten one’s punishment.

Many accused parties throughout Jacksonville face criminal charges of this nature all of the time. For some, the reality of a lengthy jail time is faced because of a shoddy defense. However, if one in this situation obtains an experienced Jacksonville carjacking crimes defense attorney to fight the case and ensure one’s rights are protected, one will be able to know that one will have the best defense possible to one’s charge and that one will be able to move on from this bump in the road to the future.

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In the wake of national criticism over Florida’s self-defense laws, the public should be informed about the many common misconceptions and unknowns about self-defense, as well as the differences between raising self-defense in the home and raising defense of self or others in public. If one has been charged with a violent crime and one believes one was acting in self-defense, one should contact an experienced defense attorney who can mount the best defense possible to the charge.

When law-abiding citizens carry a gun, they implicitly decide to take the responsibility of protecting themselves against potential threats and also accept the legal and moral consequences of carrying a deadly weapon. Pulling your concealed firearm to stop a crime in progress is a life-changing decision. indexgun.jpg

Before carrying your gun again in public, ask yourself whether or not you are prepared to go to jail to stop a crime. Most concealed gun carriers will risk their lives and freedom to defend themselves and their immediate family. But defending others, even when the use of deadly force is warranted, ups the ante. Is it your moral obligation to step in and help when a crime is in progress?

Many times, people view those who have committed crimes in the past as always intending to commit a crime once again. This aids society’s illegitimate fear for their safety from those citizens possessing firearms. As such, denying gun permits to otherwise eligible persons on an irrational basis might be in some circumstances, uniquely unconstitutional. Many times, people are denied having a weapon at all because of a prior criminal history, whether violent or non-violent, a previous or current failure to register one’s weapon, or being listed on a sex offender registry. In fact, being a member of these groups might give one more cause for carrying a deadly weapon, not only for the defense of others, but the defense of oneself from vigilante violence.

Jacksonville murder crimes typically involve some intent on the part of the accused to harm the victim, or an intent to kill, typically without regard to human life. However, the issue of self-defense arises in crimes where a person has been attacked violently and fears for their lives. The question of whether a person is justified in using a firearm against another, in some situations, no one can truly answer. However, the question of one’s location at the time of the incident may determine what defense one raises to the alleged crime.

There are many defenses that one can raise in home invasion situations when charged with “murder” of the burglar or invader of any sort. Reasonable fear of “great bodily harm” is sufficient to justify the use of deadly force when the person against whom the force was used was in the process of illegally and forcefully entering, or had illegally and forcefully entered, a home or occupied car, or if that person had removed or was attempting to remove another against that person’s will from a home or occupied car.

The decision to pull a gun in public can lead to unfortunate consequences, even if the reason for pulling one’s weapon is for the defense of another’s life. What might one do in a situation in which one’s spouse or children are threatened or harmed, where if one does not intervene, there is a high likelihood someone will get killed or severely injured?

The principle that person may use deadly force in self-defense if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm has been the law in Florida for well over a century. The most recent of cases involving George Zimmerman and Michael David Dunn, both who claimed they felt threatened and used firearms to defend themselves, have raised the defense of Florida’s now-infamous Stand Your Ground defense.

Unfortunately for many though, the State as well as Judges draw a very fine line as to what meets the criteria for self-defense, and many are prosecuted to the fullest extent of the law. Charges in these cases could range from aggravated battery to attempted murder if the wrong prosecutor gets the file. Therefore it is important to obtain an experienced attorney as soon as possible to ensure one’s rights and defenses are known and protected.

If one has been accused of a crime such as this, one should obtain an experienced attorney who knows the law and will make sure that the proper defense is raised and that there will be a high likelihood of a favorable outcome to the case, possibly even having the case dismissed. When one has been charged with committing a crime like this, one has only one choice that one should feel they have to make. One should obtain an experienced Jacksonville felony-violent crimes defense attorney who has the trial experience and knowledge to properly defend one’s innocence.

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Twenty-two-year-old Steven Ryan Ritchie of Bonaire, Ga., is facing charges of armed burglary, grand theft of a firearm and grand theft stemming from the burglary of a home in Santa Rosa Beach. Ritchie also faces fugitive warrant charges from the Cherokee County, Ga., Sheriff’s Office for vehicle theft charges, aggravated battery on a law enforcement officer, leaving a scene of an accident with injuries, resisting arrest with violence and grand theft auto after he drove a stolen 1999 Jeep Wrangler into a deputy’s patrol car at a gas station.

Many individuals, after having committed a criminal offense, leave the jurisdiction of the court where such crime has taken place, thinking that because they are in another state, that they are free, or the accused hides within the jurisdiction to escape prosecution. In either case, this action makes the individual a fugitive. A fugitive from justice who flees from one state to another may be subjected to extradition in the state to which he or she has fled. A person convicted or accused of a crime who hides from law enforcement in the state or flees across state lines to avoid arrest or punishment will be hunted many times by one of many law enforcement agencies who learn of the accused’s outstanding warrant from Florida. imagesxtradit.jpg

Police from other states are obligated to detain or hold the accused in custody for the benefit of the court system of the state the warrant originated. This power is codified in the Uniform Criminal Extradition Act (UCEA) which was passed in 1941, as well as the Uniform Extradition and Rendition Act, which require a governor who receives a valid request for extradition to issue a warrant for the arrest and extradition of the fugitive. This authority originates from Article Four, Section 2 of the U.S. Constitution, which directs every state to cooperate in the extradition of an individual “on demand” from another state.

Florida Statute 941 sets forth the “Uniform Extradition Act of Florida.” This act sets out the duties of the governor of each state to cooperate in the apprehension and transport of fugitives from justice. The governor can delegate the task of signing of the warrant, which is many times signed by an administrative officer or judge. An extradition warrant authorizes a law enforcement officer or a person to whom it is directed to arrest the fugitive at any time, any place where they may be found. An arrested fugitive is to be brought before a judge before transferring custody of them to an agent of the demanding state.

The effect of extradition warrants on crime is a decreased number of fugitives running from police. Unfortunately, many either are not aware of their fugitive status, or are not aware of the consequences of their movement out of the state, whether for fleeing from the court or just mere travel. What an accused should know is that there is typically no permanent escape from arrest, even if the accused runs to the next state or country.

Fugitive warrants are not only issued for serious crimes, but often for misdemeanor offenses, and carry far greater consequences than the accused previously faced, once filed.
Misdemeanors and felonies that are not considered capital crimes generally have a statute of limitations, a period of time after which a crime cannot be prosecuted if the person has not been charged. For example, a ten-year statute of limitation on tax debt means that a person cannot be charged with tax evasion more than ten years after their occurrence. Warrants, however, do not have a statute of limitations, so once a fugitive warrant has been issued, the limitation for the particular offense is suspended because the judicial system has met its requirement with the filing of charges.

There are currently 60 inter-agency fugitive task forces located throughout the United States, including seven congressionally funded regional fugitive task forces. These task forces, staffed by federal, state, and local law enforcement agencies, target the most dangerous fugitives. Through these fugitive task forces, communities are allegedly protected from criminals, and the rights of the accused are protected through the process of extradition.
While awaiting extradition, the accused will be required to sit in jail. However, an experienced Jacksonville warrants/extradition defense attorney can petition the court to temporarily withdraw the warrant so that one can be released from jail in the other state, and then voluntarily drive oneself to Florida to surrender directly to the court to resolve the case.

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 attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.

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Jacksonville is major city with a large population of diverse people . These people come from all points of the nation. Laws governing conduct when responding to directions of a law enforcement officer to stop are often misunderstood, making many feel safe in evading the police. If one has been charged with such a crime, one should obtain an experienced attorney.

Brevard County deputies captured John F. Meadows, a gun-wielding man who fled from a traffic stop Monday afternoon on Merritt Island, crashed the car and took off on foot, Fernez said. Deputies launched a search of the area, and subsequently Meadows was arrested. Officials said two guns were found inside Meadows’ apartment there. The man is being held in Brevard County jail on charges of resisting arrest, fleeing or attempting to elude police, possession of a firearm in commission of a felony and leaving the scene of a crime. untitled%20%2818%29.png

Florida’s fleeing and eluding statute targets motorists who create high speed chases in an attempt to escape from the police. Fleeing and eluding is a very serious criminal offense under Florida law. You can incur felony penalties if convicted and have your driver’s license suspended and you vehicle impounded. You must act quickly to avoid the ramifications inherent with a fleeing and eluding conviction in Florida.

Under Florida State Statute 316.1935(1) it is third degree felony, punishable by five years in Florida State Prison, for a driver to unlawfully fail to stop after having knowledge that he or she is being ordered to stop by a law enforcement officer. This includes situations where the driver willfully refuses to stop or fails to stop a vehicle in compliance with the order, or attempts to willfully flee in an attempt to elude the officer after having stopped. If convicted of this offense, the court in must revoke the driver’s license for 1 to 5 years.

The elements of the offense that the prosecuting attorney must prove at trial, beyond all reasonable doubt, include the following:

– The defendant was operating a vehicle upon a street or highway in Florida.

– A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.

– The defendant knowing that he or she had been ordered to stop by a duly authorized law enforcement officer did one of the following:

willfully refused or failed to stop the vehicle in compliance with the order; or
having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

Many times, when the accused has been charged with evading police, police will claim a reasonable person would know that a police officer is attempting to pull them over. Unfortunately, factors such as high speed chases, sirens activated or causing bodily injury because of the chase may cause the State to press harder to convict on of the elevated punishments associated with these types of charges.

Remember, the State must still prove that one, as the driver, knowing an order to stop had been given by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer; and that the law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated.

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. 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.

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