January 27, 2012

Two Arrests made in Connection with John Travolta's Stolen Car

Jacksonville Criminal Defense LawyerJohn Travolta, famous movie star and Florida resident, recently got the news that his 1970 Mercedes 280 SL will not be returned after Police made two arrests in connection with the grand theft. According to the reports, the two men have "chopped" the car and sold the parts. Travolta's Mercedes was worth approximately $100,000.

The theft occurred last September when Travolta parked it near a Jaguar dealership in Los Angeles. The two men were subsequently arrested in December, but police have just release the news of the car's "chopped" status. One of the men, D.L. Rayford Jr., pleaded no contest to grand theft and was sentenced to 16 months in prison. The other man, Michael Green, was already on probation for other theft crime when arrested for this incident. Although this crime took place in California, grand theft is also common in Jacksonville. Florida Statutes § 812.014defines Grand Theft and penalties therein. In applying these facts to Florida law and under this statute this crime would be grand theft in the first-degree, a first-degree felony. The penalties range up to 30 years in prison and up to $10,000 in fines.

Grand Theft is a serious felony and has harsh penalties if convicted. Furthermore, taking on the legal system is not an easy task; especially if your unrepresented in Court. This is where the advice and counsel of a Jacksonville Criminal Defense Lawyer may prove invaluable. The Jacksonville Criminal Defense Lawyer can review your case, determine which defenses and justifications may apply, and make the proper determination as to the best approach in moving forward. So, if you have been charged with Grand Theft or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

January 26, 2012

Jacksonville Teen Breaks into Home, Charged with Burglary

Jacksonville Criminal Defense LawyerRecently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer's home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer's home and had to be physically restrained until police were able to arrive and take the young man into custody. He is currently being charged with Burglary with the intent to commit battery.

As a Jacksonville Criminal Defense Lawyer, when I hear about these types of incidents; I think about all the mitigating circumstances that surround the incident at hand. Could the alleged suspect have mental disabilities that would hinder his ability to understand his actions? Was the alleged suspect under the influence of medication or other drug that might negate his ability to reason? Or was there some other intervening circumstance that would negate the culpability for this alleged crime? These are just some of the avenues that a Jacksonville Criminal Defense lawyer will consider when handling your Jacksonville Criminal Case.

The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Also, you still have rights after your arrested and must make sure they are being protected. That is why if you or a loved one have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could prove to be all the difference in your case.

January 25, 2012

Truck Driver Murdered over Jealousy Trial Begins

Jacksonville Criminal Defense LawyerThe trial for Colavito Bell began yesterday in Duval County Court. According to opening statements by the Assistant State Attorney which claimed Bell shot Christopher Oney, the victim, because he was jealous that he was getting more work than himself. The Defense Attorney, in contrast, stated Lyn Ragan, fiancé of the victim, was responsible for the distribution of the workload and that she would have lost her job if the relationship or favoritism were discovered. The trial continues today.

So what could Bell, the Jacksonville Criminal Defendant, be facing? Potentially, he could be convicted of first-degree murder. Unless the State fails to prove its case beyond a reasonable doubt or the Defense Attorney establishes mitigating circumstances. In addition, if the facts prove insufficient a conviction cannot be upheld. Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04).

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 24, 2012

Jacksonville Party goes Wild; One Dead, One in Critical Condition

Jacksonville Criminal Defense LawyerSaturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff's Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him "kicking" the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with "shooting a gun at the scene." Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

January 23, 2012

Police Find Body Near Florida Lighthouse

When a prosecutor must prove a murder case beyond a reasonable doubt, the more evidence that he or she has, the better the chances of conviction. On the other hand, when defending a murder case, you must look for the lack of evidence to establish reasonable doubt. The Casey Anthony trial is a prime example of a murder case that had a lack of evidence sufficient enough to result in an acquittal of murder charges. For instance, due to the extensive decomposition of Kaylee Anthony's body, the exact cause of death was unknown. Therefore, this made it more difficult for a jury to convict Anthony.

Yesterday, police found a body near the St. Augustine Lighthouse, and they are working to identify it."

News4Jax reports that "St. Augustine Police Officer Mark Samson said kayakers on an eco-tour found the body of a middle-age man in Salt Run and 10 a.m. and notified authorities. He said there was no visible trauma to the body. The man was carrying no identification and police are reviewing reports of missing men in the area. An autopsy was to be performed to learn the cause of death and dental records would be used to try and identify the victim."

If the body was submersed in the water for some time, it is going to be more difficult to prove the cause of death of the individual. However, if the body has not been under water for very long, the medical examiner will be more successful in making a determination.

January 23, 2012

Jacksonville Soldier Sentenced for Killing his Wife and Child

Jacksonville Criminal Defense LawyerA Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip's behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 20, 2012

Woman Allegedly Robbed at Gunpoint Following a Pizza Delivery

Jacksonville Criminal Defense LawyerOn Tuesday night a pizza delivery woman was allegedly robbed at gunpoint. According to reports, the woman completed a pizza delivery around 8 PM when, on her way to her vehicle, an armed man approached from behind and demanded all her money. The woman proceeded to throw approximately $180 on the ground. As the suspect retrieved the money from the ground, the woman ran back to the apartment and called the police. The identity of the alleged suspect is unknown because he was wearing a ski mask during the alleged incident.

If these facts prove to be true, the Jacksonville suspect could be facing charges of Armed Robbery. In an earlier Jacksonville Criminal Defense Lawyer Blog, I described the nuisances of Robbery and the penalties that could result from being convicted. In this case, the charges of Armed Robbery would constitute a first-degree felony, because a deadly weapon was used during the course of the robbery. The penalty for a conviction of a Jacksonville Armed Robbery could result in 30 years or life imprisonment and/or up to a $10,000 fine.

Armed Robbery is a serious criminal offense and should not be taken lightly. Also, taking on the Criminal Justice system alone is not always advantageous to a Jacksonville Criminal Defendant. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

January 19, 2012

Jacksonville Man Wanted for Alleged Armed Robbery

Jacksonville Criminal Defense LawyerCurrently, Jacksonville Sheriff's Office is on the hunt for a Jacksonville man wanted for the alleged arm robbery of a cell phone store last Friday. According to the Police reports, the man entered a Metro PCS store located on Soutel Dr. and demanded the money from the register while brandishing a weapon to the employee. No one was hurt during the incident, but the suspect did get away with an undisclosed amount of money. This incident leaves the question what is Armed Robbery and what are the penalties?

Robbery is defined within Florida Statute § 812.13; it reads, "'Robbery' means the taking of money or other property which may be the subject of larceny from the person or custody or another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of taking there is a use of force, violence, assault, or putting in fear." Basically, if the property stole was taken in your presence and you were fearful of injury or death from an armed suspect, then an Armed Robbery has been committed.

There are two types of robbery; with or without a weapon. Robbery without a weapon is a second-degree felony, which could have a potential sentence of up to 15 years and/or a $10,000 in fines. In contrast, an Armed Robbery is a first-degree felony, having a penalty of up to 30 years or life imprisonment (as provided for in the Statute) and/or $10,000 in fines. These are harsh penalties and a Jacksonville robbery charge should not be taken lightly.

An Armed Robbery charge could negatively impact the rest of your live. A Jacksonville Criminal Defense Lawyer knows the law and possible defenses to these types of allegations and can work with you for the best possible outcome. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

January 18, 2012

Florida Home Damaged by Fire Leaves the Question: What is Arson?

Jacksonville Criminal Defense LawyerA recent report of a home in Jacksonville being damaged by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. The cause of the fire is still being investigated. But leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads "any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling...any structure...any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being." If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

A Jacksonville Arson charge is a serious criminal offense with serious penalties. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. If you are facing a Jacksonville Arson charge or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

January 17, 2012

Iraq War Veteran charged with Murder in California Homeless Slayings

Former United State Marine, Itzcoatl Ocampo, was charged with four counts of murder in California for the deaths of four homeless men. Media Reports stated that "the killing spree began in December, raising concerns that a serial killer was preying on the homeless. Police and advocates then went on nightly patrols to urge them to sleep in groups or seek shelter." Each victim was stabbed multiple times. There has been no evidence submitted "on the evidence against Ocampo, or a possible motive. But Anaheim Police Chief John Welter has said investigators are confident they have the man responsible for the murders."

According to his family, Ocampo "was deployed to Iraq in 2008 and came back a changed man. He said his son expressed disillusionment and became ever darker as he struggled to find his way as a civilian. After he was discharged in 2010 and returned home, his parents separated. The same month, one of his friends, a corporal, was killed during combat in Afghanistan. His brother said Ocampo visited his friend's grave twice a week."

January 17, 2012

Texas Prison System Seeks to Cut Costs by Going to Two Meals a Day

With a weak economy, everyone is feeling the ramifications of a state with declining revenue. The Huffington Post reports:

More than 20,000 Texas prisoners have been eating two meals a day on weekends since April, in a bid by the prison system to cut food-service costs... The two-a-day weekend meal plan is part of an effort to cut the Texas Department of Criminal Justice's budget by $2.8 million; other cost-cutting measures include giving prisoners sliced bread instead of hamburger or hot dog buns and offering powdered milk instead of carton milk."

Florida is also using cost-cutting measures, but this is more beneficial to decreasing the prison population. "Florida lawmakers passed two bills earlier this week that would expand the state's prison rehabilitation program and reduce jail time for non-violent criminals in a bid to make some headway in the state's $2.3 billion budget deficit."

January 17, 2012

Two Florida Residents arrested in connection with a Prostitution Plot

Jacksonville Criminal Defense LawyerA few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered "sex for $25." The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a "victimless" crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

January 16, 2012

Jacksonville Child Shot in Gun Accident

Jacksonville Criminal Defense LawyerA Report just released stated a 3-year-old Jacksonville boy was shot in the shoulder when a gun he was handling went off. According to the Police report the bullet struck the floor then ricocheted off, striking the young child in the shoulder. The boy was taken to a local Jacksonville Hospital for treatment.

This is a breaking news story and the details are not fully disclosed at this time. But, as a Jacksonville Criminal Defense Lawyer, I do have several points that should be taken under consideration. First, why was a child handling a weapon? Better yet, why was a child handling a LOADED weapon? Second, where were the parents during this incident? Did they approve of his handling or were they neglecting the child and left him to his own devices? All these questions and more will have to be determined for the police to proceed into their investigation.

This type of accident is both tragic and heartbreaking. The 3-year-old will have lasting scars and the horrific memory of being shot; a pain that no one should ever feel. Additionally, depending upon the circumstances, the parents could be facing criminal charges as well. This case is still in the initial stages and only as the facts present themselves, will we be able to predict how this investigation will end.

If Criminal Charges are brought against the parents or other culpable parties, the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. It is important to contact a Jacksonville Criminal Defense Lawyer if you have been charged with a Jacksonville Criminal Offense, they can evaluate your case and make the proper determination as to moving forward so as to protect you and your rights.

January 15, 2012

Italian Cruise Ship Sinks Resulting in Captain's Arrest

The captain of an Italian cruise ship was arrested and will be facing several charges. Francesco Schettino and hist first mate, Circo Ambrosia face potential charges of manslaughter and abandoning ship.

According to the New York Post:

"Prosecutors said the ship had been gliding extraordinarily close to the island of Giglio, off Tuscany, when it slammed into the rocky spur in 'an awkward way.' Some passengers charged that at the time of the crash, 9:45 p.m. local time, the captain was hanging out with elegantly dressed vacationers in the main dining room and that his crew hogged the lifeboats to save themselves... By the time the captain got around to ordering an evacuation, about 100 terrified passengers had taken matters into their own hands and were already bobbing up and down in the freezing Mediterranean Sea."

Naturally, several civil suits will stem from this tragedy. Additionally, it appears that the criminal case will also attract much media attention.

January 13, 2012

Van der Sloot Sentenced to 28 Years in Prison

This week has been a big week for the family of Natalee Holloway. "Six years after teenager Natalee Holloway went missing in Aruba, an Alabama judge has declared her dead. The move, announced in court today, follows a September request by Holloway's father; he wants to stop paying for her health insurance and give her college fund money to her brother..." (Newser.com)

Additionally, On January 10, 2011, Jordan van der Sloot, the only suspect in the disappearance of Holloway pled guilty to the murder of Stephany Flores in Lima, Peru. "He reportedly claimed in a confession shortly after the slaying that he'd killed Flores because she found information linking him to Holloway on his computer." (Yahoo.com)

His attorneys hoped that he would receive five years in a Peruvian prison for manslaughter. The prosecutor sought 30 years. Today, he was sentenced to 28 years from for first degree murder for this strangling death.

As for the Natalee Holloway case, "Van der Sloot had twice been arrested for the disappearance of Holloway, a 19-year-old from Alabama who vanished during a celebratory trip to Aruba with her senior class in May 2005. Van der Sloot maintained that he'd left her on a beach, drunk. That's the last anyone has seen of her. "