Jacksonville Criminal Defense Lawyer Blog

In Jacksonville, Florida, if a Jacksonville Criminal Defendant misses a court date, the judge will issue a capias. A capias is also know as a bench warrant, because the judge issues the warrant from the bench, since the Jacksonville Criminal Defendant failed to appear in court. Usually, the Jacksonville Criminal Defendant is arrested pursuant to the Jacksonville warrant and must go before the judge. Depending on the circumstances surrounding the Jacksonville Criminal Defendant's failure to appear in court, he or she may be able to get the warrant recalled. If the warrant is recalled, then the Jacksonville Criminal Defendant will not be arrested, and he or she can proceed with the case as if the judge never issued the capias.

If you have missed a court date, you should talk to a Jacksonville Criminal Lawyer. Do not flee, because that could only make things worse. In some cases, you may be charged as a fugitive and extradited. If you do nothing, you may be arrested when you least expect it, as a police officer will take you into custody if he or she discovers the Jacksonville Arrest Warrant. In some Jacksonville Florida criminal cases, you may be able to work a case out, including the outstanding capias, all at one time avoiding any type of arrest. Therefore, speaking to a Jacksonville Criminal Lawyer will help you evaluate your options in the Jacksonville criminal case, so you can decide what is best.

Jacksonville Domestic Violence Accusations are very serious charges. What do you do when you have been accused of Domestic Violence? How do you defend yourself when someone has accused you of domestic violence in Jacksonville, Florida?

1. If someone accuses you of domestic violence, you need to watch what you say. In many cases, when the Jacksonville Sheriff's Office responds to a domestic dispute, someone ends up going to jail. You do not want your words to be misconstrued and used against you.   
2. If you have been arrested for Jacksonville Domestic Battery, you will go before a judge for first appearance court.  Here, you will (a) receive a bond or (b) accept a plea deal.  The majority of the time, accepting a plea deal is one of the worse things that you can do.  Usually, the Jacksonville Domestic Battery Sentence will include extensive probation and you will not be able to get the charge sealed.  It is best to discuss the case with a lawyer (<a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1357270.html"target="blank">Jacksonville Criminal Defense Lawyer</a>) before doing anything.  
3. If you are served with a Jacksonville Restraining Order (Jacksonville Injunction), go to the hearing and be well-prepared.  You should hire an attorney that understands the law surrounding Jacksonville Restraining Orders.  In order for an alleged domestic violence victim to obtain a restraining order, he or she must prove certain things.  Quite often, the evidence is insufficient, so you must properly attack the Jacksonville domestic violence allegation. That why it is important to have a Jacksonville Injunction Lawyer (<a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1357270.html"target="blank">Jacksonville Criminal Defense Lawyer</a>) that has experience not only in defending against the injunctions being issued, but that has also petitioned courts to have injunctions issued and that has defended against criminal violations of injunctions.  
4. Do not speak to the alleged victim or make any contact with this person.  If you have been charged with Jacksonville Domestic Battery and have been released on a bond, you could violated a "No Contact Order" which is a condition of that bond.  If a temporary or permanent injunction for protection against domestic violence has been issued against you, you will violate it, even if the alleged victim tries to contact you.  

People often ask me if they can get a theft charge sealed or expunged from their criminal records. Yes, you can get a theft arrest sealed or expunged in Jacksonville, Florida, but you must meet certain criteria. In particular, you cannot have a criminal conviction. That is, you cannot have been adjudicated guilty of any crime (See Can I Get My Florida Criminal Record Sealed if I Pled Guilty to a Crime?).

If the Jacksonville judge gave you a withhold of adjudication, you may still be eligible to have your record expunged or sealed. While Jacksonville petit (petty) theft and grand theft are crimes that are eligible to be sealed, some crimes that include theft (such as robbery or burglary of a dwelling) are not (See Florida Crimes that Cannot Be Sealed). However, you may be able to have any Jacksonville theft crime (including robbery and burglary to a dwelling) expunged if the charges were dropped and you meet certain other criteria required to expunge a criminal record in Jacksonville, Florida.

If you have questions about getting your record sealed or expunged, contact a Jacksonville Criminal Defense Lawyer to review your Florida Criminal History and discuss with you the possibility of getting your record sealed or expunged.

Quite often, a minor crime will lead to a major crime. For instance, I have seen Jacksonville Criminal Defendants that have had their drivers licenses suspended habitual traffic offenders. Like most people, Jacksonville habitual traffic offenders have jobs and families that they need to support. Therefore, they end up driving without a driver's license in Jacksonville, Florida. As Jacksonville Habitual Traffic Offenders, if these drivers are caught, they will be arrested for a felony (See Jacksonville Florida Driver's License Suspended for Five Years as a Habitual Traffic Offender ). In a few Jacksonville Habitual Traffic Offender cases, I have seen these drivers fleeing police officers that are trying to stop their vehicles due to the fear of arrest. When they are caught, they are arrested for Jacksonville fleeing and attempting to elude a law enforcement officer. Now, they are facing additional felony charges.

This scenario could have been prevented. When I am reviewing a habitual traffic offender's driving record, I often see that there are things that the Jacksonville habitual traffic offender can do in order to try to obtain a valid driver's license. However, once a driver gets to the point that he or she has been arrested for Jacksonville Fleeing and Attempting to Elude, it may be too late.

That is why it is so important to correct the driving record at the early stages and get a valid Florida driver's license. If you need help with your Florida Drivers License, contact a Jacksonville Criminal Defense Lawyer to review your Driving Record and determine what they can do for you.

Yesterday, Troy Davis was executed for the crime of murder in Georgia. Due to the mass-media attention, the recantation of key witness' testimonies, and mixed feelings about the death penalty, many Jacksonville Criminal Defense Attorneys have been discussing this case. As a Jacksonville Criminal Defense Attorney, I have heard mixed feelings from other Jacksonville Criminal Lawyers. Some lawyers believe that the appellate system and court system have many checks and balances. When a criminal case is appealed, it often goes through a lengthy appellate process. This is especially true in death penalty cases. After reviewing the time line in the Davis case, it appears that several courts have reviewed the Davis case and ruled against him. He was given more chances than most criminal defendants on death row.

On the other hand, Jacksonville Criminal Defense Attorneys have stated that this is a grave injustice. This reminds me of the statement, "err on the side of caution." While Davis was convicted by a jury of his peers and sentenced to death, the witnesses that gave statements leading to his conviction have recanted. Therefore, it is possible that an innocent man was executed today. One Jacksonville Criminal Defense Attorney made an excellent point today. He stated, "instead of a potentially guilty person remaining locked in prison until the truth came out, a potentially innocent person was executed."

Although Davis is no longer alive, his case will affect the judicial system. Criminal cases that attract massive media attention affect the jury pool, which in turn has an effect on the outcome of future criminal cases.

As a Jacksonville Criminal Defense Lawyer, people, including my family, will ask me about criminal cases that have been in the media. The Georgia murder case involving criminal defendant, Troy Davis, is no different. However, this Savannah, Georgia case hits close to home, considering that I am from the area. Davis is set for execution by the Department of Corrections at 7:00 p.m. this evening. Many people have demonstrated against the execution due to the fact that the witnesses have recanted their testimony. According to reports (Wikipedia.org):

"Former prosecution witness Antoine Williams stated he did not know who had shot MacPhail, and that because he was illiterate he could not read the police statements he had signed in 1989. Other prosecution witnesses, Jeffrey Sapp and Kevin MacQueen testified that Davis had not confessed to them as they had stated at the initial trial. Darrell Collins also recanted his previous evidence that he had seen Davis shoot Cooper and MacPhail. The witnesses variously described their previous testimony against Davis as being the result of feeling scared, of feeling frightened and pressured by police or to get revenge in a conflict with Davis."

Like many Jacksonville Florida Criminal Lawyers, I find it easier to view an outline of events to better understand a case. Here is an brief timeline of the case (via Yahoo.com):

• Aug. 19, 1989: Savannah police officer Mark McPhail was off-duty and working as a security guard at the local Greyhound bus station. There was a fight at the adjacent Burger King and McPhail went to investigate. He was shot several times and died at the scene.


• Aug. 23, 1989: Davis surrendered to authorities four days later. He was only 19 years old at the time and has been incarcerated for over half his life. Witnesses reported seeing Davis at the scene of the murder and firing a gun.


• Aug. 30, 1991: A jury handed down the death sentence for Davis two years after he was arraigned for the crime. Davis was found guilty on five felony counts including that of malice murder, according to the Georgia attorney general's office


• Feb. 26, 1993: The Georgia Supreme Court unanimously upheld the sentence and convictions of Davis in a court case. The panel found that evidence had supported each and every one the convictions even though no murder weapon was every found.


• Sept. 9, 1997: Davis had attorneys represent him while he was on death row. The Georgia Supreme Court was again involved in denying leniency for the convicted killer. Davis was disallowed a new trial as judges determined they cannot supplant the role of a qualified jury that found enough evidence to convict him.


• Sept. 26, 2006: Despite several appeals through the court system again, the 11th District of U.S. federal court denied Davis a new trial. Their basis was Davis did not have a substantial claim of innocence.


• August 2009: U.S. Supreme Court took up Davis' case. Justices instructed a lower court to review the matter once again to see if the convicted killer was actually innocent.


• Sept. 20, 2011: The Georgia State Board of Pardons and Paroles issued its final ruling on the matter. Clemency was denied and the execution is still scheduled for today. PBS states the governor of Georgia has no authority to commute death sentences and the clemency hearing was the final appeal.

Florida law (FSS 943.059) allows for criminal defendants to get their records sealed as long as they meet certain requirements. In order to get your Florida criminal record sealed, you cannot have a criminal conviction. This means that the you cannot be adjudicated guilty of any crime. An adjudication of guilt or a conviction is much different than a guilty plea.

In a Florida Criminal Case, you have three plea options: (1) not guilty; (2) nolo contendere (no contest); and (3) guilty. In general, a plea of guilty or no contest will have the same legal effect. Therefore, when someone is reviewing your criminal background, the plea of guilty or no contest does not make much of a difference. When a Florida criminal defendant enters a plea of no contest or guilty, the judge sentences the defendant either immediately or sometime thereafter. As part of the sentence, the Florida judge will either adjudicate the Defendant guilty or withhold adjudication. If the Florida Criminal Defendant is adjudicated guilty, he or she cannot seal his Florida Criminal Record. If the judge withholds adjudication of guilt, he or she may still be eligible for a record seal. Therefore, even if you plead guilty to a crime, you may still be able to get your Florida Criminal Record sealed.

There are other factors involved, so it is important to discuss this will a Florida Lawyer that seals Florida Criminal Records. For example, you cannot get your record sealed if the crime that you pled guilty or no contest to is listed in Florida Statute Section 907.041. Also, you cannot get your record sealed if you have ever been convicted (adjudicate guilty) of any crime, even if it is not the Florida criminal offense that you are trying to seal. Therefore, it is important to talk to a Florida Criminal Record Sealing Lawyer that is familiar with the law.

Florida Statute Section 943.059 governs Florida Record Sealing. It permits a Criminal Defendant in Florida to seal his or her record under certain circumstances. In particular, in order to have your Florida Criminal Record sealed, you cannot have ever been convicted of a crime. In the majority of Florida Record Sealing Cases, the applicant has been given a withhold of adjudication. With many crimes, if you have been given a withhold, you can petition to have your record sealed in Florida. However, there are certain crimes that you cannot have sealed, even if the conviction was withheld. The crimes are listed in Florida Statute Section 907.041 and are as follows:

1. Arson;
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.

If you would like to get your Florida Criminal Record Sealed, contact a Florida Record Sealing Attorney.

The Jacksonville Mayor's Spokesman, Abel Harding, was arrested for Driving Under the Influence (DUI) on Saturday night. A police officer stopped him for speeding. Thereafter, he suspected that Harding was under the influence of alcohol. The police report stated that he had a strong alcoholic odor and performed poorly on the field sobriety test (News4jax).

As a Jacksonville Criminal Defense Lawyer, I would like to see the other evidence in the case before making a determination. He was only driving 11 mph over the speed limit (55 mph in a 60 mph zone) when he was stopped; he was not driving erratically. An odor of alcohol can be attributed to one or ten beers, so this alone is insufficient. Additionally, field sobriety tests are not easy to perform, so I would like to see if a video exists in order to make my own decision.

If you have questions about a Jacksonville DUI arrest, contact a Jacksonville Criminal Defense Lawyer to review your case and to protect your rights.

Two Men were arrested for robbery in Orange Park, Florida. Clay County police officers arrested Jai Noble (31-year-old) and Brandon Allgood (17-year-old) for armed robbery of an Orange Park Florida convenience store. According to Clay County police reports, Allgood held the store clerk at gunpoint, and Noble went to the back of the store where another clerk was located. The police stopped Noble and Allgood in a white van. They found a handgun, bulletproof vest, and $3,283 in envelopes.

The Clay County State Attorney Office will likely charge both men with armed robbery. Allgood will likely be charged as an adult rather than a juvenile offender. He will be facing the Florida 10-20-Life Statute. Under the Florida 10-20-Life Statute, since he is charged with possession a firearm during the commission of the felony, he could be sentence to a minimum mandatory sentence of 10 years in the Florida State Prison. As for Noble, it is unclear as to whether authorities are alleging that he was in possession of a firearm, as the media reports are conflicting (news4jax.com).

It is imperative that Noble and Allgood obtain Florida Criminal Defense Attorneys for their Clay County Criminal Case. They should have separate lawyers, because they will likely have a conflict of interest. If they do not have one now, they will once the case is investigated further.

The Florida Supreme Court has ruled on the standards and training required for automobile searches using drug detection dogs (Harris v. Florida, 36 Fla. L Weekly S163a (2011). This case has been applied by another Florida appellate court. In Sarasota County, the Florida Second District Court of Appeals addressed the drug detection dog's reliability standards in Wiggs v. Florida, 36 Fla. L. Weekly D1688a (Fla. 2nd DCA 2011). In Wiggs, the drug detection dog, Zuul, gave a positive indication at criminal defendant Wiggs' vehicle during a Florida traffic stop. The police officer searched the vehicle and found cocaine.

Wiggs challenged the Florida K9 search on the basis that "Zuul's alert to the exterior of Wiggs' vehicle provided probable cause to support a warrantless search of the vehicle's interior." Although Zuul went through over 400 hours of training and did quite well, Zuul was not so effective in the field. He only had a 29% accuracy rate. Zuul had many false positives, including several instances of identifying drugs in areas where drugs had once been but no longer were.

In Harris v. Florida, 36 Fla. L. Weekly S163 (Fla. Apr. 21, 2011), the rule established by the Florida Supreme Court states "when a dog alerts, the fact that the dog has been trained and certified is simply not enough to establish probable cause to search the interior of the vehicle and the person." The Florida Supreme Court adopted a "totality of the circumstances approach" that places the burden of producing evidence to establish the dog's reliability on the state." In this case, Zuul's detection rate was too low for the court to consider "probable cause." Therefore, the cocaine in this case should have been suppressed.

If you have been arrested in Northeast Florida (Jacksonville and the surrounding counties) and have been subject to an automobile search, contact a Jacksonville Criminal Attorney.

In Jacksonville, police often use trained drug detection dogs to detect illegal drugs in vehicles. Usually, the canine (K9) walks around the vehicle and signals if it senses the illegal substance. Then, the Jacksonville Sheriff's Office will search the vehicle. When a Jacksonville drug detection dog search is conducted, police officers must comply with certain procedures and standards.

Jacksonville Florida is in the First District. In April of 2011, the Florida Supreme Court addressed a First District Court case regarding K9 searches (See Harris v. Florida, 36 Fla. L. Weekly S163a). The Florida Supreme Court stated:

"The issue of when a dog's alert provides probable cause for a search hinges on the dog's reliability as a detector of illegal substances within the vehicle. We hold that the State may establish probable cause by demonstrating that the officer had a reasonable basis for believing the dog to be reliable based on the totality of the circumstances. Because a dog cannot be cross-examined like a police officer on the scene whose observations often provide the basis for probable cause to search a vehicle, the State must introduce evidence concerning the dog's reliability. In this case, we specifically address the question of what evidence the State must introduce in order to establish the reasonableness of the officer's belief -- in other words, what evidence must be introduced in order for the trial court to adequately undertake an objective evaluation of the officer's belief in the dog's reliability as a predicate for determining probable cause."

The Florida Supreme Court held that:

"the fact that a drug-detection dog has been trained and certified to detect narcotics, standing alone, is not sufficient to demonstrate the reliability of the dog. To demonstrate that an officer has a reasonable basis for believing that an alert by a drug-detection dog is sufficiently reliable to provide probable cause to search, the State must present evidence of the dog's training and certification records, an explanation of the meaning of the particular training and certification, field performance records (including any unverified alerts), and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog's reliability. The trial court must then assess the reliability of the dog's alert as a basis for probable cause to search the vehicle based on a totality of the circumstances."

Recently, this issue came before another Florida Appellate Court in Wiggs v. Florida, 36 Fla. L. Weekly D1688a (Fla. 2nd DCA 2011).