Jacksonville Criminal Defense Lawyer Blog

There has been a recent string of thefts of memorial vases from cemeteries in Jacksonville and Orange Park, Florida. Nicolas Whithey, Jessica Arnold, and Nicholas Dennison were arrested by the Jacksonville Sheriff's Office in reference to the Duval County Florida grand thefts. Dennison is being held on a warrant for the Clay County Florida grand thefts. Therefore, Dennison's Clay County Criminal Attorney will need to defend charges brought in both counties.

If Dennison is seeking to enter into a plea bargain in his Clay County and Duval County Florida theft cases, his Clay County Criminal Attorney should obtain a joint disposition. Although two different assistant state attorneys (one for each county) will be assigned as prosecutors in the cases, the State Attorney offices in Duval and Clay County are both in the Fourth Judicial Circuit. Thus, they both are headed by Angela Corey, and the offices work together.

As a Criminal Defense Lawyer in Clay County and Duval County, I have had clients that have been charged with crimes in both counties. If my client is going to enter into a plea agreement in one county, I need to have disposition that works with it in the other county. Therefore, it is important to address this in negotiations with both the Clay County and Duval County state attorneys.

As a Jacksonville Criminal Defense Lawyer, I am often asked if a person has a duty to retreat when confronted with a violent situation. The best advice I can give is to advise the person to leave any confrontation if possible. The results and consequences of violence are never worth it. In summary, avoid having to use any kind of force. However, the Florida Castle Doctrine (also referred to as the Florida Stand Your Ground or Self-Defense Law) address self-defense situations. Florida Statute Section 776.013 states:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

The Florida Castle Doctrine (also referred to as the Florida Self-Defense Law and the Florida Stand Your Ground Law) govern when a person can use deadly force in Jacksonville. This doctrine is set forth in Florida Statute Section 776.013.

This Florida law creates a presumption that a person acts in reasonable fear of death or great bodily harm when confronted with certain circumstances. There are exceptions to the law. The presumption of reasonable fear does not apply if:

"(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

St. John's County Florida legislator, Mike Weinstien, is the Florida State representative for District 19. Weinstien drafted a bill and has presented it to the House "that would give juveniles a chance at parole 25 years into a life sentence. If denied, they can try again every seven years." In 1983, Florida abolished its parole system. Therefore, one needs to be established or incorporated into the Florida Office of Executive Clemency.

Weinstien stated that "he is not seeking to extend parole options to adult inmates or juveniles convicted of homicide." Creating an option of parole in Florida Juvenile cases come on the heals of the Jacksonville juvenile case of Graham v. Florida, holding that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole.

Florida Statute Section 776.013 is also know as the Florida Stand Your Ground Law or the Florida Castle Doctrine. According to this Florida self-defense law:

"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

There are exceptions to the Florida self-defense law (See Exceptions to the Florida Castle Doctrine in Jacksonville, Florida). Also, a person does not have a duty to retreat, as long as he or she is acting lawfully (See Is there a Duty to Retreat When Being Attacked in Jacksonville, Florida?).

In St. Augustine Florida DUI Cases, police officers look for indicators of impairment. They are looking for certain phyical symptoms that they believe show that a driver is impaired by drugs or alcoholic beverages. The most commom symptoms that they look for are:

1. blood-shot, watery eyes;
2. a flushed faced;
3. an odor of an alcoholic beverage (anywhere from slight to strong);
4. slurred speech;
5. inability to balace;
6. troubling walking or exiting the vehicle; and
7. troubling answering questions (ability to understand).

If you are arrested for Driving Under the Influence in St. Augustine, Florida, contact a St. Augustine DUI Lawyer to discuss the facts of your case and see what defenses you may have to the charge. 

Police Officers in St. Augustine, Florida received calls from concerned persons regarding a woman named Renee Birchall. As the St. Augustine Beach Police Department was in the process of searching for Ms. Birchall, one of the police officer's vehicles was rear-ended. Police were suprised to discover that Ms. Birchall was the driver of that vehicle. Local reports stated, "the first arriving St. Augustine police officer who went to check on Birchall said she was sitting in her vehicle drinking from a bottle of vodka." She was arrested for St. Augustine Florida Driving Under the Influence (DUI).

You do not need a St. Augustine DUI Lawyer to tell you that drinking a bottle of liquor while sitting in your vehicle is a good way to pick up a St. Augustine Driving Under the Influence charge. Likewise, rear-ending a police vehicle will not help your case either. There are some less obvious indicators of impairment that police look for (See St. Augustine Florida DUI Lawyer Shares What Police Look for in Driving Under the Influence Cases).

Today, a 17-year-old boy, Eric Francis Sandefur, was charged with the stabbing death of a homeless man, Jason Jerome, in Jacksonville, Florida. His Jacksonville Criminal Defense Lawyer and Public Defender entered a plea of not guilty on his behalf. His Jacksonville Criminal Defense Lawyer may have pled not guilty for several reasons. The defendant may have requested that she do so, order for him to obtain a private Jacksonville Criminal Defense Lawyer. Otherwise, his Public Defender likely needs more time to conduct an investigation. 

Jacksonville media reports that police have obtained a video that "shows a figure in what appears to be a jacket and tie holding a knife while Jerome backs away, his shoulders covered by a blanket... Sandefur, who was arrested two days later, made statements to investigators that he wanted to know what it felt like to kill someone." Undoubtedly, his attorney will want to investigated his statement and review the video carefully.

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer to review your case, make the proper determinations, and make sure your rights are being protected.

Once a Jacksonville Criminal Defendant is arrested and goes through his first appearance/bond hearing, the State Attorney's Office will determine whether or not former charges will be filed. In most cases, charges are filed through an information, which is a formal charging document. If charges are filed, the Jacksonville Criminal Defense Lawyer will enter a plea of guilty, no contest, or not guilty on the defendant's behalf.

If the Jacksonville Criminal Defendant pleads guilty, he or she is admitting his guilt and will be sentenced. If the Jacksonville Criminal Defendant pleads no contest (nolo contendere), he or she is not admitting guilty, but is entering the plea as a matter of convenience. The defendant will still be sentenced as if he or she entered a guilty plea. Additionally, the no contest plea will have the same legal ramifications as a guilty plea. If the Jacksonville Criminal Defendant pleads not guilty, he will not be sentenced at this time. Instead, he will contest the charges and may change his guilty plea at a later date, depending on the circumstances of his Jacksonville Criminal Case.

Once a defendant pleads guilty, he or she has several decisions to make (read Jacksonville Criminal Attorney Discusses Pleading Not Guilty).

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer to review your case and discuss with the strengths and weaknesses in your case.

Yesterday, Jacksonville news reports stated that the Jacksonville homicide rate dropped during the year of 2010. In fact, "the State Attorney's Office said there were less homicides in the year 2010 than in decades. Investigators there said there were 99 homicides in 2010 in Jacksonville." However, some organizations, such as Hurting Families with Children in Crime, question the accuracy of the Jacksonville crime statistics. It appears that the North and the Northwest sections of Jacksonville are not seeing a decrease in crime.

A Florida man was arrested for attempted murder after stabbing his 6-year-old son. Jacksonville Florida News reports that Xavier Thomas has been accused of stabbing his on over 20 times on New Year's Eve. The wounds were not life-threatening. A family member stated that Thomas is being treated for mental illness. Details of the case are still unfolding; however it is likely that his mental illness will play a role in his defense of this Florida attempted murder charge. Thomas' mental illness may result in an insanity defense or negate the specific intent to commit this crime. Additionally, he may be incompetent to defend his Florida criminal case.

Once a Jacksonville Criminal Attorney enters a plea of not guilty on behalf of a Jacksonville Criminal Defendant, she must diligently move forward with the case. This consist of acquiring discovery (evidence, witnesses, documents, recording, etc.) that the State Attorney has in his or her possession. A criminal defendant will enter a plea of not guilty for several reasons (listed below). 

1. The obvious reason is that the defendant is not guilty. 
2. A defendant will plead not guilty, because the case requires further investigation.  The Jacksonville Criminal Attorney needs time to review the evidence against her client, search for witnesses and exculpatory evidence, take depositions, and determine if there are any constitutional violations.  
3. A Jacksonville Criminal Defendant may be overcharged. That is, he or she is guilty of a crime, but a lesser offense, not the crime charged. 
4. The Jacksonville Criminal Attorney and the State Attorney may be in the process of negotiating a plea agreement.  They need time to agree upon a sentence, so there may be a negotiated disposition of the case.  

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer.