Jacksonville Criminal Defense Lawyer Blog

Jacksonville Leaving the Scene of an Accident is a crime in Florida that can range from a felony offense to a misdemeanor depending on the injury or damage caused by the accident. Florida Statute Section 316.027 govern crashes involving involving injury to a person or death. Florida Statute Section 316.061 addresses accidents that result in only damages to a vehicle or other property. Regardless of the injury or damage caused by the accident, Jacksonville drivers have a duty to stop and remain at the scene until they fulfill the requirements of Florida Statute Section 316.062. This Florida law requires that they give information and render aid. If this law is violated, the driver can be charged with a crime in Jacksonville, Florida.

Additionally, Florida Statute Section 316.065 states that you have to report the crash if it results in injury or death or damage of $500. Thus, not only do Jacksonville drivers need to give all pertinent information and render aid, but they also must report certain crashes to the Jacksonville Sheriff's Office. If this Florida Statutes is violated, the result is a nonmoving, noncriminal traffic infraction.

If you are charged with a Jacksonville Driving Offense, contact a Jacksonville Traffic Lawyer.

In October 2009, Jacksonville, Duval County, Florida began a post-conviction drug court. This Jacksonville drug offender program is aimed at rehabilitating drug users in Duval County. It is a Jacksonville drug program that can be used in lieu of a Florida prison sentence. Duval County was awarded grant money in the amount of $1.4 million to fund the program. However, court officials rejected the program due to opposition from the State Attorney's Office.

The Jacksonville post-conviction drug program was not intended to give drug offenders a "break" from serving jail time. Instead, "the new program [gave] judges the opportunity to send nonviolent drug offenders to drug court after they'e been convicted with the knowledge they go strait to prison if they fail." In general, prison is not going to stop a drug addict from reoffending, because the point of prison is to punish, not rehabilitate. The Jacksonville Duval County post-conviction drug court would have created an alternate sentence that would rehabilitate drug addicts while saving the State of Florida and City of Jacksonville money. Jacksonville Criminal Attorneys that represent defendants charged with drug crimes will no longer be able to help their clients obtain a sentence involving this program. However, Jacksonville Drug Crimes Attorneys will be able to pursue other similar remedies, such as probation.

Florida Statute Section 562.11(c) makes it a second degree misdemeanor "for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises." Due to the hard work of many Florida Criminal Defense Attorneys and the Florida Association of Criminal Defense Lawyers, the Florida Legislature passed an amendment to this Florida Law, regarding service of alcohol to minors.

The Amendment is listed in Florida Statute Section 562.11(c) which states that "a licensee who violates paragraph (a) shall have a complete defense to any civil action...if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked" a listed form of identification and acted in good faith.

The new Amendment to this Florida Law regarding selling and serving alcohol to minors will be beneficial to Jacksonville vendors and sellers of alcohol. It makes sense to have a law that protects minors, but not at the expense of Jacksonville business owners and there employees that act in a prudent manner.

When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham's case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham's case, visit The Florida Times-Union.

Jacksonville resident, Aundria Fischer, was arrested for Jacksonville Forgery of Bank Bills and Uttering a Forged Bill. Local media reports state that she is accused of forging a check that was given to her as charity from Beaches Emergency Assistance Ministry (B.E.A.M). B.E.A.M. gave Ms. Fischer a $200 check to help her pay an electric bill. Ms. Fischer altered the check and made it payable to herself, instead of the electric company.

Jacksonville Forgery of Bank Bills (Florida Statute Section 831.07) and Jacksonville Uttering a Forged Bill (Florida Statute Section 831.09) are third degree felonies which are punishable by up to five years in prison each. Therefore, these charges should not be taken lightly. If you have been charged with Jacksonville Forgery of Bank Bills or Jacksonville Uttering a Forged Bill, contact a Jacksonville Criminal Defense Lawyer immediately.

Florida Law prohibits any person convicted of a fourth DUI (Jacksonville Driving Under the Influence) from obtaining a Florida Driver's License. In Jacksonville, if you receive a conviction for driving under the influence for the fourth time in your life, your Florida license will be suspended permanently. Thus, you will never be able to legally drive a vehicle, and you are not eligible for a hardship license.

However, this could change if House Bill 971 is passed. This Bill permits those convicted of four DUI offenses to obtain a Florida driver's license after the completion of a Jacksonville DUI treatment program. In addition to the DUI program, the Jacksonville driver is required to have an ignition interlock device, similar to a breathalyzer, installed in his or her vehicle. The Bill will be presented to Governor Charlie Christ.

Under Florida Statute Section 837.05, a person that knowingly gives false information to law enforcement about the alleged commission of a crime commits a first degree misdemeanor. If the information is in reference to a capital felony, that person may be charged with a third degree felony.

Recently, a Daniel Foote was arrested due to a false allegation of rape. His accuser, Amy Sutton-Slack, recanted her story, and Mr. Foote was released. The Jacksonville Sheriff's Office obtained a warrant for Ms. Sutton-Slack's arrest. She will be charged with Jacksonville filing a false police report. It is important for Ms. Sutton-Slack and Mr. Foote to have a Jacksonville Criminal Attorney to represent them with charges pending.