Jacksonville Criminal Defense Lawyer Blog

On Thanksgiving morning, Jacksonville resident, Kyle Davis, witnessed a burglary occurring at his next door neighbor's house. He confronted the burglar and discovered that the burglar was armed with a gun. Burglary to a Dwelling that is in unoccupied is a second degree felony in Jacksonville, Florida. Under the Florida sentencing guidelines, this crime will usually carry a minimum guideline of 21 months in Florida State Prison or higher. Due to the fact that the burglar was armed with a gun, this offense will carry a minimum mandatory sentence of 10 years in prison.

If you have been charged with burglary, contact a Jacksonville Burglary Attorney.

To read more about this story, visit News4Jax.

As a Jacksonville Criminal Attorney, I have seen minor offenses become major crimes due to a change in circumstances. A prime example of this occurred this weekend in August, Georgia (story: News4Jax). The United States Marines were collecting toys for underprivileged children at a local Best Buy store. A man was caught shoplifting a laptop computer. Assuming that the value of the lap top was greater than $300, this shoplifter would be facing a charge of grand theft, if the theft would have occurred in Jacksonville, Florida. However, the crime escalated when the shoplifter tried to escape. He was confronted by a marine when exiting the store. The marine stopped him, and the man stabbed the marine in the back. Now, the shoplifter will not only be facing grand theft charges. In Jacksonville, Florida, he would be charged with aggravated battery with a deadly weapon.

A Jacksonville criminal sentence can be concurrent or consecutive. A concurrent sentence it one that runs at the same time as another. Consecutive sentences run one after another. For example, imagine a Jacksonville criminal defendant is convicted of aggravated battery and possession of marijuana. She is sentenced to one year in the Duval County jail on each charge. If her sentence is concurrent, she will serve a total of one year, less any gain time. If she is sentenced to consecutive time, she will serve a total of two years in jail (one year for each charge).

Obviously, a Jacksonville criminal defendant in this situation would seek concurrent sentences. However, there are offenses that may mandate consecutive sentences, such at the 10-20-Life Statute.

In many Jacksonville Florida criminal cases, the State Attorney must prove possession. Examples of "possession" crimes are possession of marijuana, cocaine, or other controlled substances. There is also possession of a firearm by a convicted felon. Possession can be actual or constructive.

Actual Possession occurs when the Defendant has the item in his hand or on his person, the item is in a container in his hand or on his person, or the object is so close as to be within ready reach and is under the control of the person. Constructive Possession means that the object is in a place that the Defendant has control or in which he has concealed it.

In most criminal "possession" cases, constructive possession is easier to negate. Just because the Defendant is close to the item, this does not mean that he was in possession of it. You must look at the circumstances surrounding the situation to determine if there is constructive possession.

Possession of a Firearm by a Convicted Felon is a second degree felony in Jacksonville, Florida. As a second degree felony, this crime is punishable by up to 15 years in Florida State Prison. In a Jacksonville Possession of a Firearm by a Convicted Felon Case, it is important to distinguish wether the defendant was in actual or constructive possession of the firearm. If the Jacksonville criminal defendant is in actual possession, there is a minimum mandatory prison term of three years, pursuant to Florida Statute 775.087 (Florida's 10-20-Life Law). If the Jacksonville criminal defendant is in constructive possession of the firearm, this minimum mandatory sentence does not apply.

In Jacksonville, Florida, a defendant that commits certain crimes while using a firearm. In 1999, Florida enacted the 10-20-Life Law. The 10-20-Life statute mandates the following minimum mandatory sentences:

1. 10 years in prison for certain felonies, or attempted felonies, in which the offender possesses a firearm or destructive device;
2. 20 years in prison if the firearm is discharged; and
3. 25 years to Life in prison if someone is injured or killed.

The Florida 10-20-Life Law requires that a felon found in possession of firearm serve a minimum 3 year prison term. Any 10-20-Life Sentence is to be served consecutively to any additional prison term.

If you have been charged with a crime in Jacksonville, contact a Jacksonville Criminal Lawyer.

See the Department of Corrections website for statistics.

Jacksonville DUI Lawyers will are no strangers to increase in Jacksonville Driving Under the Influence (DUI) cases over the holiday season. Between football games and holiday parties, drinking and driving is bound to occur. While it is not illegal to drink and drive, it is illegal to drink too much and drive. To prevent this from occurring, Triple AAA and Budweiser have teamed up. They are offering a service, during the holiday season, that will transport a driver and his vehicle home. The service is called "Tow To Go." This service is free for AAA and non-AAA members and is offered in Jacksonville, Florida.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville DUI Lawyer, at (904) 685-1200.

Jacksonville Driving Under the Influence of an Alcoholic Beverages occurs in two situations. First, the State of Florida must prove that the person is driving (or in actual physical control) of a motor vehicle. Second, the State of Florida must prove either the driver (1) was under the influence of alcoholic beverages to the extent that his normal faculties were impaired or (2) had a breath or blood alcohol level of .08 grams of alcohol or higher.

This begs the question: "How much is too much?" The first scenario is the easiest to determine. Normal faculties are your ability to see, walk, talk, hear, and to function normally. Therefore, if a Jacksonville driver's ability to so if impaired, he cannot legally drive. As for the breath or blood alcohol level, this is a bit tricky. In general, studies show that if a person has one drink (12 oz. beer, 4 oz. wine, or 1 oz. 80 proof liquor), that person should be below .08 alcohol level. However, there are so many other factors involved, such as the person's size and whether or not the person has eaten. Thus, there is no way to technically determine the blood alcohol level based on consumption alone.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer today.

As a Jacksonville Criminal Lawyer, I find that when defending criminal cases, I often have to practice law as well as psychology. In Florida, if a person has committed a crime, the court must be certain that the defendant is psychologically able to assist in his or her defense and to understand the nature of the crime with which he or she is charged. If a defendant's competency is challenged, the court must order a psychological evaluation. If the evaluation evidences existence of a mental infirmity, the defendant cannot stand trial and must be admitted to a psychological facility until his or her mental competency has been restored.
Recently, in Jacksonville, Jumar Henry was charged with first degree murder for the murder and decapitating his mother. Jacksonville Judge, David Gooding, ordered the man to a mental health facility to evaluate his competency. If Mr. Henry's competency is not restored, he will not be tried in court for the crime.

In some Jacksonville criminal drug cases, police conduct an illegal search and/or seizure. For instance, a police officer may search a person or a person's home in a manner that violates the 4th amendment of the Constitution. If a Jacksonville illegal search occurs and police find drugs (or other incriminating evidence), that evidence may be suppressed. If the evidence is suppressed, the State Attorney cannot introduce this evidence at trial.

Recently, the Florida Third District Court of Appeal ruled on the legality of a residential search. In State v. Ojeda (opinion filed Oct. 27, 2010), the defendant, Ojeda, filed a motion to suppress marijuana on the grounds that his consent to search the residence was coerced by an unreasonable display of police force. Seven police officers went to Ojeda's residence. Some officers went to the door and others spread out around the residence. When Ojeda answered the door, a detective stated that he had been given a tip that pot was being cultivated inside the house. Ojeda invited police into the house and stated post-Miranda that he was willing to cooperate with the investigation. Five officers entered the house, and Ojeda signed a consent-to-search form and led to the discovery of a large amount of marijuana.

The court ruled that, unless there is valid consent or exigent circumstances, the police must obtain a warrant to search private property. Therefore, the motion to suppress was granted. The court reasoned that the unreasonable display of police presence outside the residence would have made a reasonable person believe that he had no choice but to acquiesce. There were no exigent circumstances present, and the police should have taken the time to get a warrant.

If a police officer searches a Jacksonville residence and finds an illegal substance, the police officer needs a warrant or an exception to the warrant requirement. If the facts of the Jacksonville criminal drug case is similar to the facts in State v. Ojeda, the Jacksonville criminal defendant may make a motion to suppress the illegally obtained evidence.