June 2010 Archives

June 14, 2010

New Florida Law Can Help Drivers Pay Jacksonville Traffic Tickets

Unpaid Jacksonville Traffic Tickets can lead to a Florida License suspension, but a new Florida Law will help driver's get their licenses back. Beginning October 1, 2010, Florida law will permit anyone charged with non-criminal traffic citations to pay outstanding tickets through installments. The installment payments will be interest-free. Once all fines and fees are paid for, the Jacksonville driver will be able to get his license reinstated.

As a Jacksonville Traffic Lawyer, I have seen many hard-working people lose their licenses for different reasons. This Florida Law will benefit the community as a whole. When Jacksonville residents obtain a valid license, there are less uninsured motorist on the road. Additionally, it is difficult to maintain employment without a license. With a Jacksonville driver's license, these people are less likely to lose their jobs.

While this Florida Law will affect those drivers with licenses that have been suspended due to unpaid traffic citations, it will not help those that have had their license suspended for other reasons, such as driving on a suspended license, driving under the influence, and excessive points. If you need help obtaining a valid driver's license, contact a Jacksonville Traffic Lawyer.

June 7, 2010

Reversal of Jacksonville Juvenile's Life Sentence Leads to California Senate Bill

Recently, the United States Supreme Court reversed the Jacksonville Juvenile Criminal Case of Graham v. Florida. The Court reversed the case ruling that the Jacksonville Juvenile Court violated the 8th Amendment of the United States Constitution when it sentenced a juvenile to life in prison without the possibility of parole in a non-homide case.

California has taken the reasoning of Graham v. Florida a step further. The state enacted Senate Bill 399 which allows all juveniles to be eligible for parole, even those convicted of murder. Support for this Bill is based upon extensive research that supports the premise that children and teenagers differ from adults in their abilities to reason and control impulses. Additionally, they have a greater potential to be rehabilitated and reformed.

If Florida were to enact a similar law, it could effect many incarcerated juveniles currently serving life sentences without the possibility of parole in Florida State Prison. For example, Joshua Phillips is serving a life sentence without parole. His Jacksonville Juvenile Case is going through the appellate process at this time. If a law prohibiting such a sentence is enacted, his sentence could be reversed on appeal.

Some of Florida's criminal courts have recently ruled on the confessions of Juvenile defendants. William Hanlon a Tampa criminal attorney published an article about suppressing those confessions.

June 3, 2010

Florida Criminal Case Overturned Due to Improper Police Conduct and Interrogation

The Florida Supreme Court overturned Blaine Ross' murder conviction and remanded it back to the lower court for a new trial (

Ross v. Florida). Mr. Ross was sentenced to death after a jury convicted him of Florida first-degree murder of his parents. Among the evidence presented at trial, Florida prosecutors submitted Mr. Ross' confession to the jury, which Manatee County detectives obtained through a police interrogation. Detectives vigorously questioned Mr. Ross and did not read Mr. Ross his Miranda rights until later in the interrogation. This Florida Police Department's actions arose to improper police conduct, which resulted in an involuntary confession. As such, the confession should not have been admitted in Mr. Ross' Florida Murder Trial.

Mr. Ross will stand trail again, but the trial court judge will not be admitting the confession into evidence. Without the confession, the State of Florida will need to rely on other evidence to obtain a Florida murder conviction. This could be the difference between a guilty and not guilty verdict. Therefore, it is important for a Florida Criminal Lawyer to make sure that police gave proper Miranda warnings in a criminal case involving a confession.

To read more about Blaine Ross, visit Bradenton.com.

June 2, 2010

Jacksonville Criminal Defense Lawyer Looks for Miranda Warning Violations

As a Jacksonville Criminal Defense Lawyer, I make sure a defendant's rights were read when I receive a Jacksonville criminal case that involves police questioning.  In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court of the United States ruled that the Fifth Amendment's privilege against self-incrimination required police to inform a criminal defendant of the following rights:

  1. the right to remain silent; 
  2. anything that the defendant says can be used against him;
  3. the right to the presence of an attorney; and 
  4. if the defendant cannot afford an attorney, one will be provided to him.
Miranda warnings must be given prior to the Jacksonville Sheriff's Office's Interrogation.  The interrogation must be a result of government conduct and the Jacksonville Criminal Defendant must be in police custody.  

If you were arrested after being questioned by the Jacksonville Sheriff's Office, contact a Jacksonville Criminal Defense Lawyer at (904) 685-1200, extension 103.