Jacksonville Criminal Defense Lawyer Blog

On May 21, 2011, Florida Highway Patrol (FHP) arrested Pedro Terrero Leyva for Florida Driving Under the Influence (DUI) causing serious bodily injury, careless driving, and having an open container. Leyva has been accused of hitting an off-duty Florida Deputy, Gary Lee Edwards, and causing a crash that seriously injured Edwards. He was taken to Shands hospital. Since Leyva was charged with Floirda DUI Causing Serious Bodily Injury, he was facing the penalties of a third-degree felony which is punishable by up to five years in prison (See Suwannee Co. Deputy Hurt in Crash).

However, Leyva will face a larger Florida sentencing range. Edwards died at Shands hospital (See FHP: Deputy Hit By DUI Driver Dies). The State Attorney's Office will likely charge him with Florida DUI Manslaughter, a second-degree felony. In Florida, a second-degree felony is punishable by up to 15 years in prison.

If you have been charged with DUI in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer, to discuss your case and to make sure your rights are being protected.

When I was a child, I remember my dad talking about the oil crisis of the 1970s. He talked about people using a tube to siphon gas from other vehicles. In fact, people would install gas guards in order to prevent this from occurring. Therefore, when I think about some stealing gas in Jacksonville, Florida, I think of gas siphoning or gas and go (driving off without paying for gas). Siphoning gas is theft. If a person were to siphon gas, he or she would only be able to take an amount that would establish grounds for a petit theft. Jacksonville Petit Theft and driving off without paying for gas are both misdemeanors.

With Jacksonville Theft crimes, the higher the dollar amount stolen, the more serious the crime. If the dollar amount $300 or more, the crime is a felony. A felony gas theft occurred this week in Jacksonville, Jacksonville.com reports that 1,300 gallons of gasoline were stolen "from First Coast Shell at Greeland Avenue at Ramona Boulevard in Jacksonville. Station operators called in the theft at 4:05 p.m. Tuesday, reporting that $5,200 worth of gas was taken sometime after 10 p.m. the night before." If the perpetrator is caught, he will certainly be facing a Jacksonville Felony Theft Charge.

Jacksonville teen, Michael Beauregard, was arrested and charged with Jacksonville Leaving the Scene of an Accident involving death. According to media reports, the accident occurred early Saturday morning. Monica Moon was returning from the store, when a truck hit her. Her fiance, David Lopez, witnessed the Jacksonville hit and run and stated that the driver of the truck stayed for approximately two minutes and then left the scene. Moon died at the scene. Police obtained a warrant and Beauregard was arrested yesterday.

If a bond has not already been set in the warrant, one will be set today at Beauregard's Jacksonville bond hearing. His Jacksonville Criminal Defense Lawyer will need to build a defense immediately. He is likely facing a Florida prison sentence.

Michael Fiorelli was arrested in Jacksonville, Florida for voyeurism and violation of his probation. Employees of a Jacksonville Kohl's store caught Fiorelli going in the dressing room of the women's inmates department. They were able to obtain his license plate number, and they gave this to the Jacksonville Sheriff's Office. Thereafter, a woman was in the ladies' restroom at the Marriott when "all of a sudden, she heard what sounded like someone standing on and slipping off of the toilet seat in the stall next to her... the man ran out of the bathroom." The woman was able to obtain the man's license plate number. (News4Jax)

The police contacted Fiorelli's Jacksonville probation officer and confirmed that he was at the Marriott. He was arrested for Jacksonville Voyeurism in 2004 and 2007. In the 2007 case, he was placed on felony probation. Due to this 2011 Jacksonville arrest, he is also facing a violation of his probation along with the new felony charges.

In Jacksonville, Florida, a simple battery is a misdemeanor charge. It is governed by Florida Statute Section 784.03. A "battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person." If a criminal defendant has one prior conviction for battery commits any second or subsequent battery, this is a felony of the third degree. It is important to note that it does not matter if the Jacksonville battery defendant entered a plea of guilty no nolo contendere (no contest) to the initial battery charge. It makes no difference if adjudication of guilt was withheld or not. The prior battery charge may still be used to aggravate the Jacksonville battery charge and turn a misdemeanor into a felony.

If you have been arrested for a Jacksonville Battery Crime, contact a Jacksonville Criminal Defense Lawyer to discuss your case, determine possible defenses and justifications, and to make sure your rights are being protected.

Today, Keisha Cabell was arrested for Aggravated Battery in Jacksonville, Florida. Police were dispatched to an altercation at Volunters of America Group Home in downtown Jacksonville. Cabell engaged in an argument with William Benner. According to local media and police reports, she argued with Benner and punched him twice. Thereafter, she retrieved a knife and began stabbing him. She is also accused of stabbing Yulanda Lester after Lester tried to take the knife away.

When Cabell initially punched Benner, she committed a simple battery, which is a first-degree misdemeanor. When Cabell used the knife, she committed Jacksonville aggravated battery with a deadly weapon. This is a second-degree felony. Even if Cabell did not use a knife, she could have been charged with felony battery, regardless. It appears that she has prior arrests and at least one conviction for battery. This can result in the Duval County State Attorney Office filing a charge of battery with one or more prior convictions pursuant to Florida Statute Section 784.03(2). This will upgrade a simple battery to a felony Battery in Jacksonville, Florida (See Jacksonville Felony Battery and Misdemeanor Battery Charges).

A Florida Circuit Court in Palm County, Florida ruled that a Florida Speeding Ticket was not lawfully issued. In Levine v. Town of Juno Beach, Florida (FLWSUPP 1804LEVI, February 2, 2011), a Florida driver, Cary Levine, was issued a Florida speeding ticket based solely on a traffic camera. Levine's vehicle was photographed by an unmanned van equipped with both radar and photo capabilities. She was issued a citation for exceeding the posted speed limit. The Town's Code authorized the use of an unmanned van, camera, and radar device to issue speeding citations. Section 316, Florida Statutes, governs unlawful speed and speeding tickets. It dictates how unlawful speed is defined, the appropriate manner for documenting and recording an alleged violation, and judicial process involved. Florida Statute Section 316.1906(2)(b) requires a police officer to make "an independent visual determination that the vehicle is operating in excess of the applicable speed limit." Since the speeding ticket was not in compliance with Section 316, the evidence of speeding was unadmissible in court.

Florida Statute Section 316.1906 is the Florida Traffic Law that governs radar speed measuring. This Florida Traffic Law is determines whether or not evidence of a Jacksonville driver's speed will be admissible in court. Section 316.1906 states:

"Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles, unless such evidence of speed is obtained by an officer who:

(a) Has satisfactorily completed the radar training course established by the Criminal Justice Standards and Training Commission pursuant to s. 943.17(1)(b).
(b) Has made an independent visual determination that the vehicle is operating in excess of the applicable speed limit.
(c) Has written a citation based on evidence obtained from radar when conditions permit the clear assignment of speed to a single vehicle.
(d) Is using radar which has no automatic speed locks and no audio alarms, unless disconnected or deactivated.
(e) Is operating radar with audio Doppler engaged.
(f) Is using a radar unit which meets the minimum design criteria for such units established by the Department of Highway Safety and Motor Vehicles."

Recently, the Palm Beach County, Florida, circuit court issued an opinion on an appeal for a traffic citation that did not follow the criteria set forth in the Florida Traffic Law above. (Read Florida Court Rules that Florida Speed Ticket was not Lawfully Issued).

As a Jacksonville Traffic Lawyer, I am no stranger to speeding tickets. Jacksonville is full of speed traps. A Jacksonville Traffic Citation is issued pursuant to Section 316.87, Florida Statutes. This Florida Traffic Law permits the Florida Department of Transportation determine speed limits. Depending on the type of roadway or highway, the speed limit may not be greater than 60, 65, or 70 miles per hour (mph). Section 316.87(3) gives the authority to issue traffic citations based on speeding violations in Jacksonville, Florida. Section 316.1906, Florida Statutes, sets forth the rules for radar speed-measuring devices and the admissibly of evidence regarding these devices. Read 316.1906(2) for a list of criteria that this Florida Traffic Law requires.

Last July, St. Johns County Florida judge, John Alexander, voiced his concerns about the Duval County Juvenile Detention Center. A St. Johns County boy was being held at the Center on charges of drug paraphernalia possession and violation of probation. The boy was attack by two other juvenile detainees. Judge Alexander was never notified of the attack. Judge Alexander saw "this as tangible proof that the department's closing of the St. Johns County juvenile detention facility last year was a mistake, and that he'd predicted this would happen. In 2009, the St. Johns County Detention Center closed, and St. Johns County Juveniles were transported to and from the Duval County Juvenile Detention Center for court proceedings. This was due to Florida's State budget cuts (Jacksonville.com).

If you have questions about a St. Johns or Duval County Juvenile Case, contact a St. Johns County Juvenile Attorney.

The Duval County Juvenile Detention Center is a facility that holds juveniles that are court ordered to secured detention while they await a disposition in their cases. The facility holds a variety of juveniles. Florida Statute Section 985.255 lists the criteria required for detention of a juvenile, and Section 985.26 sets forth the length of detention. Secured detention is only to be used when it is completely necessary. Indeed, "the Legislature intends that detention care, in addition to providing safe and secure custody, will promote the health and well-being of the children committed." Fla. Stat. 985.02 (2010). The Duval County Juvenile Detention Center's website claims that their "facility provides supervision of youth in a safe, secure and humane environment." However, there have been contradictory allegations. In particular, a St. John's County Florida judge voiced his opinion about the practices of the Duval County Juvenile Detention Center last year.

Recently, the Florida Fourth District Court of Appeals ruled on a protective-sweep search of a Florida residence in a Florida Possession of Cocaine, Marijuana, and Paraphernalia case. The Florida Court held that the search of a bedroom was unlawful which occurred during an arrest of a woman, Mary Rogers, in her residence.

In Rogers v. State, the police went to the defendant's house, because a neighbor heard yelling and fighting. Police officers also heard the dispute and knocked on the door. A woman peaked through the window and police heard a man yelling not to open the door. The front door was unlocked, so the police entered, because they were concerned about the safety of the woman.

In the dining room, the officers saw pot in plain view. Upon doing a protective sweep, the cops realized the bedroom door was locked. The defendant, Mary Rogers, refused to open the door. By this time, Ms. Rogers and the other occupants of two other people were either handcuffed or seated at the dining room table. Thereafter, the police jimmied the lock and saw cocaine in an open dresser drawer, along with drug paraphernalia.

At the Motion to Suppress hearing, officers admitted that the bedroom was beyond the reach of the occupants of the residence, and they never asked the people in the house if there was anybody else in the residence before prying open the door. The State Attorney failed to present any evidence that indicated a need for the search of the locked bedroom. Therefore, the marijuana that police discovered in the dining room was lawfully admitted, because police discovered it in a location in which they were permitted. However, the cocaine and paraphernalia discovered in the bedroom should have been suppressed, because police were not permitted to enter the bedroom.