Jacksonville Criminal Defense Lawyer Blog

Over the past several years the Apple Law Firm has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Apple Law Firm PLLC iPhone Application.

Our main Website is for the Apple Law Firm PLLC

The Florida Estate Planning Lawyer Blog covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The NFA Gun Trust Lawyer® Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The Jacksonville Criminal Defense Lawyers Blog covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The Florida Foreclosure Defense Lawyers Blog covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The Jacksonville DIvorce Attorney Blog covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The Jacksonville Personal Injury Lawyer Blog covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The Jacksonville Bankruptcy Lawyers Blog covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact us and one of the lawyers in that practice area will respond.

A Florida man was charged and convicted of felon in possession of a firearm. In Powell v. Florida, this Florida Criminal Defendant was arrested in the apartment in which the gun was found and taken to the police station where Florida police officers questioned him. Police officers testified that Powell stated that the gun was his.

The United States Supreme Court held that:

"Criminal suspects have a right to have their lawyer present during police questioning, and the police are required to inform suspects of that right as part of their "Miranda warning." In this case, police officers told a suspect that he had "the right to talk to a lawyer before answering [any] questions" and "[y]ou have the right to use any of these rights at any time you want during this interview." The Court held that even though this warning did not specifically mention the right to have a lawyer present during questioning (as opposed to the right to talk to the lawyer before questioning), the warning nonetheless was constitutional because it conveyed to the suspect that he had the right to have an attorney present."

Simply because the Court weakened the required reading of Miranda warnings does not weaken your right to an attorney in Jacksonville, Florida. Remember, if you are arrested or are facing questioning from a law enforcement official, you may invoke your Fifth Amendment right to remain silent and request a Jacksonville Florida Defense Attorney before speaking with the police.

As a Jacksonville Criminal Defense Attorney, I have had clients that entered guilty pleas or pleas of no contest when they were not represented by an attorney. Usually, this happens in first appearance court at their Jacksonville bond hearings in the Duval County jail. The Jacksonville criminal defendant does not understand his or her rights and enters the plea without understanding the consequences. If this occurs, the Jacksonville criminal defendant may withdraw his or her plea, but this must be done within thirty (30) days of the sentence being entered pursuant to Florida Rule of Criminal Procedure 3.170(l).

In Jacksonville, Florida, James Steel was convicted of sexual battery. He was already convicted of Jacksonville sexual battery in March of 2011. In that Jacksonville criminal case, he was sentence to 30 years in Florida State Prison. Today, he was convicted again of sexual battery in Jacksonville. He will be sentenced at a later date. He has been accused of six other rapes in the Arlington area. Thus, he has been named the Arlington Serial Rapist. Although he was sentenced to 30 years and faces a similar sentence on the recent conviction, Jacksonville prosecutors may seek additional convictions and sentences to ensure that the convictions are not overturned on appeal.

If you are arrested in Jacksonville, Florida, you have certain rights provided by the United States Constitution. The Supreme Court held, in Miranda v. Arizona, that police must inform persons in custody that they have the right to remain silent, anything that they can be used against them, they have the right to the presence of an attorney, and an attorney will be provided if they cannot afford one. These are known as Miranda Warnings.

If police do not comply with Miranda warnings when arresting a person in Jacksonville, Florida, a Jacksonville Criminal Attorney may be able to suppress (throw out) any statements made by the Jacksonville Criminal Defendant. However, there are exceptions to this rule which can be found in other Supreme Court rulings, such as Florida v. Powell, 130 S.Ct. 1195 (2010).

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), a uniformed officer questioned a 12-year-old boy at school about a string of local burglaries. The officer told the boy he was free to leave, but also told him that a court could order juvenile detention. The school's assistant principal told the boy to "do the right thing." Eventually, he confessed to the burglaries. At trial, the boy's lawyer argued that the confession was essentially coerced due to the boy's age and the circumstances surrounding the questioning. The state courts in Florida held that the boy was not in detention, because he was free to leave. Therefore, Miranda warnings were not required.

However, the Supreme Court ruled that the child's age is relevant. As Justice Sonia Sotomayor pointed out, children are required by law to go to school and are often subject to discipline for disobedience. Students are therefore much more likely to believe that they are obligated to answer police questions. Therefore, Miranda warnings are required in order to inform students that they do not have to answer police questions and can contact an attorney.

If you or your child has been subject to police questioning, you should contact a Jacksonville Defense Attorney to discuss the case.

As a Jacksonville Criminal Defense Lawyer, I have represented juveniles that were questioned by police officers in their schools. Recently, in a 5-4 ruling, the United States Supreme Court addressed this issue. For the first time, the Court ruled that children questioned by police in school must be given Miranda rights before questioning. The Supreme Court released its decision in In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), on June 16, 2011 (See United State Supreme Court Rules that Juvenile Criminal Defendant's Constitutional Rights Were Violated by a Jacksonville Criminal Defense Lawyer).

The Florida criminal jury verdict of not guilty in Casey Anthony's case led to public outcry and outrage. This could be seen in protests, blogging, and postings on social media websites. Reporters have asked Judge Perry, the Florida Criminal Judge that presided over the trial, to release the names of jurors that decided this Florida criminal case. Although, Judge Perry usually will release the names of jurors, he refused to in this case, because of the threats that have surfaced and the public anger. According to the Florida Times-Union, "he said he doesn't want public reaction to translate into harm for people who 'don't have a choice about serving on a jury.'"

Thomas Brown's Jacksonville Criminal Lawyer submitted mitigating evidence to Judge Elizabeth Senterfitt for Brown's sentencing hearing.

"Assistant Public Defender Fred Gazaleh entered Brown's rejected plea form and a stack of psychological records into evidence Tuesday as the case approaches a September sentencing. The evidence will be used to argue that Brown, 29, was a troubled man who snapped when he killed Juanese Miller, 22, at a Wendy's restaurant on St. Johns Bluff Road in June 2009 but that he has since accepted responsibility." (Jacksonville.com)

The Jacksonville criminal jury returned a 7 to 5 recommendation in favor of the death sentence. However, the Jacksonville criminal sentence will be up to the judge. She will decide if he serves life in prison or is sentenced to death. The sentencing will occur in September.

See Also:
Jacksonville Felon Charged With Shooting and Killing Co-Worker at Jacksonville Restaurant
Jacksonville Man Found Guilty of Murder for Shooting Fellow Restaurant Worker
Jacksonville Penalty Phase of Jacksonville Shooting Murder Criminal Case Results in Death Recommendation

At approximately 2:15 p.m. today, a Florida jury gave it's verdict in the highly publicized Florida murder trial of criminal defendant, Casey Anthony. She was charged with the following seven counts:

1. First-degree Murder (Florida Statute Section 783.04(1)(a)(1));
2. Aggravated Child Abuse (Florida Statute Section 827.03(2));
3. Aggravated Manslaughter of a Child (Florida Statute Section 782.07(3) and 827.0393); and
4. Four Counts of Giving False Information to Law Enforcement Officers (Florida Statute Section 837.055).

A Jacksonville Criminal Jury of twelve (12) people recommended death to the Jacksonville Criminal Defendant, Thomas Brown, after being convicted of the murder of his co-worker. The jury voted 7 to 5, in favor of the death penalty for Mr. Brown. The Jacksonville Criminal Defense Attorneys of the Office of the Public Defender for Duval County submitted evidence to the jury that Brown was not a cold-blooded killer. They submitted that Brown was "disturbed man whose troubles began at a young age with a dismissive mother who regarded him as little more than a means to a welfare check. A lack of self-esteem spiraled into multiple personalities and spurts of violence that landed him in therapy about age 5 after he stabbed his sister."

However, the Jacksonville Assistant State Attorney "stressed to the jury that the shooting came in retaliation after Brown had been sent home from work" and "his temper grew murderous and led to Miller's death, all the more reason he should pay for her life with his own." (Jacksonville.com)

See Jacksonville Criminal Lawyer Submits Rejected Guilty Plea to Jacksonville Felony Court by a Jacksonville Criminal Defense Lawyer.

After waiting in custody at the Jacksonville, Duval County Jail, Thomas Brown stood trial for first-degree murder of his Wendy's co-worker (Duval County Case Number 16-2009-CF-008160-AXXX-MA) (See also, Jacksonville Felon Charged With Shooting and Killing Co-Worker at Jacksonville Restaurant). On May 23, 2011, the Jacksonville State Attorney's Office and Brown's Jacksonville Criminal Defense Lawyers, provided by the Duval County Public Defender's Office, selected the jury that would preside over this Jacksonville felony criminal case. On May 25, 2011, the Jacksonville criminal lawyers tried the case, and the jury returned a guilty verdict. Since this case is a first-degree murder, death penalty charge, the jury was required to return for the sentencing phase to vote on the death penalty (Jacksonville.com). The minimum sentence available for first-degree murder is life in Florida State Prison.

Approximately two years ago, a Jacksonville felon was charged with the shooting death of his co-worker at a Jacksonville Wendy's. Thomas Theo Brown was accused of shooting Juanese Miller. Witnesses to this Jacksonville crime stated that he (Brown) left the restaurant angry and later returned with a gun and a planing to kill someone. When he returned to the store, he sought out Miller (Jacksonville.com) and shot her. This led to the charge of Jacksonville murder in the first-degree. On May 25, 2011, he was tried and convicted of the crime in Jacksonville, Florida

See Jacksonville Man Found Guilty of Murder for Shooting Fellow Restaurant Worker by a Jacksonville Criminal Defense Lawyer.