Jacksonville Criminal Defense Lawyer Blog

A Jacksonville Domestic Battery charge is one of the worse misdemeanors that a person can be charged with in Florida.  Most misdemeanors do not carry a mandatory sentence.  However, Domestic Battery and Driving Under the Influence (DUI) carry a mandatory probation sentence.  Under Florida Statute Section 741.281, if a person is either adjudicated guilty of the offense or the adjudication is withheld, he or she must attend the Batterers' Intervention Program (BIP).  While this does not sound too difficult, it can be.  BIP is a six month program and can be very expensive.  It begins with a $30 fee that is due at orientation.  Then, the student must pay $65 for a evaluation.  After that, he or she must attend six months of classes that occur once a week.  These classes can range anywhere from $10 to $50 depending on the student's income.  The defendant is placed on probation to complete BIP.  The probation office charges approximately $60 a month for the cost of supervision.  Not to mention, court costs are almost $1000. Thus, the costs can really add up.  

As a Jacksonville Criminal Defense Attorney, I get asked, "how can you defend someone when you know he is guilty?"  My answer is, "you must have never committed a crime in your life."  We have all committed a crime at some point, no matter how minor.  Justice is served when the punishment fits the crime.  However, in some cases, a person is charged with a crime that he did not commit.  For example, imagine that a Jacksonville criminal defendant breaks into a car.  In this case, he should be charged with one count of burglary to a structure or conveyance as defined in Florida Statute Section 810.02.  He should not be charged with every other automobile burglary that occurred in that neighborhood.  In some cases, the prosecutor will charge the burglary criminal defendant with the other automobile burglaries, although the evidence does not support it.  This is unfair and a waste of the State of Florida's money.  

Today, I received an interesting inquiry.  Someone asked me, "if a person has his Florida Criminal Record sealed, can he possess a firearm?"  There are a few reasons that a person may be prohibited from carrying a firearm in Florida as established by Chapter 790 of the Florida Statutes.  Most Jacksonville residents that I have talked with are unable to possess a Firearm due to a prior felony conviction.  Therefore, let us assume that a convicted felon would like to have his record sealed in order to purchase a firearm.  He cannot do this.  

"I have a Jacksonville Injunction Hearing coming up, but I don't know if I should hire an attorney?"  According to Florida Statute Sections 784.046 and 741.30, the answer is "no, you do not need an attorney."  However, failing to hire an attorney to protect your best interests could be devastating to your case.  When a person petitions for an injunction (also known as a restraining order), that person is alleging that you are violent.  If the injunction is granted, you cannot possess a firearm (Florida Statute Section 790.233).  Also, this will reflect on your character when you apply for jobs and can effect professional licenses that you hold.  A Jacksonville Injunction hearing should be taken as seriously as any criminal offense, because if it is violated, you can be arrested for Violation of an Injunction.  Therefore, you should hire an attorney to protect your rights and help prevent the injunction from being issued in the first place.  

Jacksonville Restraining Orders are available anyone that is a victim of violence.  A restraining is an injunction that protects the victim from any further violence.  Many Jacksonville residents believe that they must be the victim of some type of "physical violence" before they can petition the court for an injunction, but this is not true.  Violence includes the crimes of assault and stalking which do not require physical contact whatsoever.  Under Florida Statute Section 784.11, an assault occurs when a person intentionally and unlawfully threatens to do violence to the person of another coupled with the apparent ability carry the violence out.  The victim of the assault must be in fear that the violence is imminent and will readily take place.  Stalking can also result in a Jacksonville restraining order.  Under Florida Statute Section 784.048, stalking occurs when a person "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks" and other person.  The harassment must cause substantial emotional distress and fail to serve a legitimate purpose.

When Jacksonville criminal defendants plea guilty or no contest to any of the sex offenses listed in Florida Statute Section 794.011, 800.04, or 847.0135(5), they must register as Florida sex offenders twice a year.  In Jacksonville, registering as a sex offender can be a tedious and embarrassing process.  Jacksonville sex offenders have the obligation to register at least twice a year.  They must register during their birth months and six months after that birth month.  If a person does not register by the end of the required month, he or she can be charged with a third-degree felony.  This is punishable by a maximum of five years in Florida State Prison.  Additionally, as the Florida guidelines stand, a defendant charged with Failure to Register as a Sex Offender will score a minimum of 21 months.  Thus, a Jacksonville sex offender is looking at a sentence of 21 to 60 months in the Florida State Prison.

"Thirty-year-old convicted murderer, Thaddeus Jimenez, was released from prison after serving only sixteen years on a fifty-year prison sentence."  When people here something like this, they can't believe it.  Why are we letting violent criminals out of prison?  The answer: he is innocent.  That being said, let's rephrase the headline:  "Wrongfully convicted man is exonerated after serving sixteen years in prison for a murder that he did not commit."  Mr. Jimenez was arrested for the murder at age 13 and spent the last 16 years trying to prove his innocence.  

In St. John's County, Florida, students attending St. Augustine High School had to evacuate their school due to a bomb threat.  The students were sent to Sebastian Middle School.  Later, the middle school also received a bomb threat, and all students were evacuated.  While bomb threats at a local school may seem like a childish hoax, it is a serious criminal offense in Florida.  According to Florida Statute Section 790.163 and 790.164, a person that makes a bomb threat will be charged with a second-degree felony.  Second-degree felonies are punishable by up to 15 years in the Florida State Prison.  Also, these Florida bomb threat statutes specifically state that a judge may not withhold adjudication of guilt.  Therefore, this charge will result in a criminal conviction that can follow a person for the rest of his life.  

Can a convicted felon possess an antique firearm in Jacksonville, Florida?  It appears that the Florida Supreme Court has not directly answered this question.  According to Florida Statute Section 790.23, a convicted felon is prohibited from possessing a firearm.  This crime is known as Jacksonville Possession of a Firearm by a Convicted Felon.  Florida Statute Section 790.001(6) defines "firearm" and specifically exempts antique firearms, unless it is used in the commission of a crime.  From the plain language of these Florida laws, it would seem obvious that a Jacksonville convicted felon may possess an antique firearm since it is not prohibited by the statute.  However, Florida case law does not support this rationale.