Jacksonville Criminal Defense Lawyer Blog

Simply put, no. Intent is not an element of the offense of DUI and lack of intent is not a recognized defense to DUI. A recent Writ of Certiorari went before the 1st District Court to determine whether it was proper for the trial court to grant the State's motion to preclude the petitioner from giving testimony and evidence regarding his lack of intent to drive as a defense and to negate his charges of Driving Under the Influence (DUI). This Court ruled the trial courts decision to grant the State's motion was proper and therefore denies the petitioners Writ of Certiorari.

This petition stems from the criminal DUI trial of Eugene McCosky. At the beginning of the trial the State filed an Omnibus Motion in Limine (basically a motion to limit testimony and evidence pertaining to a certain issue). The State wanted to prevent the defendant from arguing the State was required to prove intent to drive in order to convict him of DUI.

The defendant wanted to argue that on the night in question he had no intention of driving the vehicle, but was just waiting inside with the radio on until a friend came and picked him up. The court granted the State's motion on the grounds that under Fla. Stat. 316.193, a person is guilty of DUI of the person is driving or in actual physical control of the vehicle... The State argued and the court agreed intent is not an element of the crime charged and although defendants are allowed to argue defenses, intent in this regards is not a valid defense theory under Florida law. Therefore, the defendant's testimony and evidence would only confuse, mislead, and prejudice the jury.

Although this defendant was not able to overcome the evidence against him, a Jacksonville Criminal Defense Lawyer can challenge the State's case and determine what defenses and justification may be applicable in your case. Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

As a Jacksonville Criminal Defense Attorney, when I hear about a shooting at a Northside Jacksonville Wal-Mart, I automatically assume that a Jacksonville armed robbery occurred and someone is facing the Florida 10-20-Life Statute if arrested, tried, and convicted of this Jacksonville crime. To my surprise, on Monday, something else occurred that involved a Jacksonville Wal-Mart shooting.

The local media reports on News4jax.com have reported that a domestic fight escalated to gunfire outside a Walmart on the Northside of Jacksonville on Monday. "Police have arrested both parties in the dispute. Jacksonville police were called to a shooting in the parking lot of the Lem Turner Road store about 5:45 a.m. Police said Walmart employee Troy Curr-Pennamon, 26, was walking a woman employee outside the store when her boyfriend, Jaquan Holloway, 20, approached and struck Curr-Pennamon. According to the police account of events, Curr-Pennamon went to his car and got out a handgun and shot Holloway one time. He was transported to Shands Jacksonville Medical Center with serious but non-life-threatening injuries. Curr-Pennamon is charged with aggravated battery and possession of a concealed firearm. Halloway was charged with simple battery."

Since Holloway was charged with Simple Battery in Jacksonville, Florida, he will only be facing a first-degeree misdemeanor. This is punishable by up to one year in Duval County Jail. As a Jacksonville Battery Lawyer, I doubt that the Duval County State Attorney Office will pursue jail time for Holloway, considering that he received a harsher punishment, a gunshot wound. On the other hand, Pennamon will be facing a Florida minimum mandatory sentence of 20 years in a Florida State Prison. This case will require further investigation. I would not be surprised to learn Pennamon acted in self-defense. Did he believe that Holloway was going to seriously injured or kill him? Is there evidence to establish that he had a reasonable fear? Did Holloway have a gun or deadly weapon? Holloway's girlfriend was present at the scene. What information does she have? If police did not find a weapon on or near Holloway, is there a possibility that his girlfriend or someone else hid the weapon to protect him.

There are so many unanswered questions. Pennamon's Jacksonville shooting case needs to be throughly investigated by a Jacksonville Criminal Defense Attorney to see if he really is guilty. I have handled many Jacksonville self-defense cases, and I know that things are not always as they seem.

As a Jacksonville Criminal Defense Lawyer I have seen many defendants charged with Battery, but that do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.

Simple Battery is defined within Florida Statute § 784.03, which states

But, what does that mean for a Jacksonville Criminal Defendant. It means if you strike, punch, kick, grab, or throw something at another individual you could be charged with Battery. Furthermore, an injury does not have to occur to be charged; all Battery is, is the un-consensual touching of another. This is a very low standard and can hold serious penalties if convicted. A person charged with Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, up to 1 year probation, and/or up to $1,000.00 fine.

There are defenses to Battery that a Jacksonville Criminal Defense Lawyer can utilize in your case to attempt to reduce or dismiss the charges against you. There are two formal defenses to Battery, self-defense and consent. Self-defense is the justified use of force to prevent injury or serious bodily harm that is imminent. For instance, if someone is about to attack you without provocation, you have a right to defend yourself. Consent, negates an element of Battery. Since Battery is the un-consensual touching, if you have consent there cannot be Battery. This occurs with most athletic events.

Florida law allows for distinctions between Simple Battery, Aggravated Battery, and Felony Battery. Mostly the difference lies in the amount of harm that is inflicted upon the victim. For instance, felony battery requires great bodily harm, permanent disfigurement, or permanent disability. In contrast, Simple Battery only requires an un-consensual toughing. Also, as the injuries escalate so do the penalties that could be imposed.

Battery has both Criminal and Civil implications. This means you could face criminal charges and in addition have a civil judgment filed against you. It is in your best interest to contact a Jacksonville Criminal Defense Lawyer or a Jacksonville Personal Injury Lawyer if you or a loved one have been charged or have charges pending against you for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.

A Jacksonville woman was attacked after exiting her plane at Jacksonville International Airport on Monday. The attacker, another passenger on the plane, accused the woman of "spreading disease on the plane." The man has subsequently been charged with battery in connection with this incident.

According to the Police report, the two were aboard an American Airlines flight back to Jacksonville late Monday evening when Patrick White, the attacker, verbally harassed and criticized the victim for coughing and "spreading disease." This harassment continued to escalate while exiting the plane. The attacker then ran toward the victim, yelled, and struck her in her chest and shoulder. The impact threw the victim against the wall and resulted in bruising to her back.

This incident shows the anger and frustration that many people face while traveling, especially during the Holidays. But, this is not an excuse to lash out at others with verbal and physical abuse. Based upon my understanding of the facts in this incident, the attacker is likely to face a simple battery charge. Simple battery is a first-degree misdemeanor and if convicted could result in any combination of the following: up to 1 year in jail, up to 1 year probation, and/or up to $1,000.00 fine.

Furthermore, Battery can have both Criminal and Civil implications. This means you could face criminal charges and in addition have a civil judgment filed against you. It is in your best interest to contact a Jacksonville Criminal Defense Lawyer or a Jacksonville Personal Injury Lawyer if you or a loved one have been charged or have charges pending for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.

When thinking about Jacksonville airport security, x-ray scanners, searches for explosives and weapons, and terroristic attacks come to mind. As a Jacksonville Criminal Lawyer, rarely do I hear about Jacksonville Criminal Cases at the airport that do not involve airport security or interaction with the airport staff. Today, I read an article on News4jax.com that surprised me. A woman was arriving in Jacksonville, Florida and exiting the airplane. Another passenger, Patrick White, harassed the woman. He was yelling at her and told her that she was spreading her disease and infecting everyone, because she was coughing. He called her obscene names. Then, he "yelled and charged toward her striking her chest with his right shoulder and arm, driving her back and slamming her into the wall."

Mr. White was charged with Jacksonville Battery in Jacksonville, Florida. The woman was treated for some bruising on her back. There is no information as to what motivated White to attack. When receiving a case such as this, a Jacksonville Battery Lawyer should speak with the Criminal client to discuss any possible mental illness, whether it has been previously diagnosed or not. This could be a defense to the charge of Jacksonville Battery based upon insanity or incompetence. Regardless, it may give the Jacksonville Battery Lawyer a better insight as to what occurred on after this Jacksonville flight.

A Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.

The incident occurred on December 16, just weeks before the Christmas. Hector's Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.

This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.

When facing multiple Criminal charges, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

An aggravated assault charge is nothing more than a simple assault that has gone too far. But what actually constitutes an aggravated assault is not always clear. For instance, a simple assault would just be a fight between two individuals. However, if someone throws an object, even without intent to hit the other, the Sate could charge the defendant with Aggravated Assault.

Florida Statute § 784.021 has defined aggravated assault as "an assault with a deadly weapon without the intent to kill OR with an intent to commit a felony." Additionally, aggravated assault is a 3rd degree felony punishable by imprisonment not to exceed 5 years and/or a $5000 fine. In contrast, Florida Statute § 784.011 defines assault as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well founded fear in such other person that such violence is imminent." A person found guilty of assault is a 2nd degree misdemeanor punishable by 60 days in jail and/or $500 fine.

There is a thin line between simple assault, a misdemeanor, and aggravated assault, a felony. Even so, a Jacksonville Criminal Defense Lawyer will be able to utilize their knowledge and understanding to work with the State prosecutor and try to get your aggravated assault charge reduced to a simple assault or even dismissed.

If you or a loved one have been charged with either a simple assault or aggravated assault, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could be the difference between a misdemeanor and a felony conviction.

Anyone who has watched crime dramas on TV or heard a Jacksonville Criminal Defense Lawyer speak have heard a multitude of Latin words throughout their discussions, but some are not always completely understood. One such word is "corpus delicti." Corpus delicti generally means the physical evidence of a crime, (i.e. the dead body in a murder). Recently, the 2nd District court dealt with an issue pertaining to corpus delicti in Reinlein v. State of Florida.

In this case, the Court had to determine whether the trial court erred in allowing the defendant's post-Miranda testimony regarding his consumption of an illegal substance before the State established the corpus delicti of tampering with physical evidence.

The defendant was witnessed by police officers exchanging something in a high crime area. Because the actual transaction was not witnessed, they put a patrol car on the defendant's vehicle to follow him; hoping he would commit a traffic violation and initiate a traffic stop. Several blocks from the drug transaction, the defendant was being pulled over when the officer saw the defendant make a motion as if placing an object in his mouth. The defendant exited the vehicle and was arrested. The only evidence the prosecution presented was the post-Miranda statement from the defendant that he purchased drugs and consumed the drugs before being stopped. The State charged the defendant with tampering with physical evidence.

The statute under which the defendant was charged is Fla. Stat. § 918.13(1)(a). The statute reads, in relevant part: No person, knowing that a criminal trial or proceeding or an investigation...shall: Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation. Additionally, Florida Courts have required defendant to known of an impending investigation and have destroyed the evidence to hinder that investigation.

In this case the defendant was pulled over several blocks from where the alleged drug buy took place. The State failed to provide substantial evidence that the defendant destroyed the drugs for the purpose of hindering the investigation. Furthermore, the exact drug transaction was not witnessed, the item eaten could not be determined, and no evidence of the drugs located in the vehicle.

This case demonstrates how every aspect of the criminal act must be proven before a conviction can be upheld. A Jacksonville Criminal Defense Lawyer knows the law and the applicable standards the State must overcome to have a conviction. If you have been charged with a criminal offence or have criminal charges pending against you, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to determine what the best course of action for moving forward.

In a recent case, Rozzo v. State of Florida, the 4th District Court heard an appeal from the Circuit Court for the 17th Judicial Circuit in Broward County. The issue presented before the court was whether the consent given by the homeowners after and unlawful warrantless entry and protective sweep of the home was valid and therefore the defendant's motion to suppress should be denied.

The issue arose after the trial court denied the defendant's motion to suppress the evidence discovered inside the house following his arrest. In this case, the defendant sold drugs to an undercover officer on the street by his house. The officers arrested the defendant on the street. The officers then moved to the house, owned by the defendant's parents. The officers proceeded to order the parents to stay outside during the "protective sweep." Then the officers got a signed Consent form to search the house. The search revealed other drug related items in the defendant's bedroom.

The U.S. Constitution, 4th Amendment has established a high reasonable expectation of privacy regarding one's home. Furthermore, Florida Courts have established absent consent or exigent circumstances, police may not enter a home without a warrant. Additionally, Florida Courts have only permitted a "protective sweep" if the officers have reasonable, articulable suspicion to protect the safety of the officers or to prevent the destruction of evidence.

In this case, the defendant was arrested outside the home and the officers had no suspicion that evidence was being destroyed or officer safety. This fact was even testified to by one officer who stated the protective sweep was "routine and of generalized concern." Therefore the trial court erred in denying the defendant's motion to suppress. Since the protective sweep was illegal, the subsequent consent to search the home given by the father was tainted. Therefore, the evidence seized during the illegal search was fruit from the poisonous tree and therefore inadmissible.

This is just one of many legal nuances that a Jacksonville Criminal Defense Lawyer can investigate and potentially advance in your criminal case. If you have been charged with a criminal offence or have criminal charges pending against you, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to determine what the best course of action for moving forward.

Earlier this week, Tuesday, three uniformed police officers were shot at while conducting an undercover investigation following a recent carjacking in the area. Luckily none of the officers were hurt during the incident, but the vehicle did sustain two gun shot wounds. Later in the week, Jacksonville Police arrested Fred Calvin Childs for the attempted murder of the police officers.

The Jacksonville Police were located at the Forest Park apartment complex shortly after 8 PM on Monday conducting an undercover investigation. During their third trip around the complex someone in a crowd of people opened fire on the officers. Most of the shots missed, but two struck the passenger side of the vehicle. The police left the area and quickly returned to question witnesses. Several people were taken into custody for questioning and later Mr. Childs was arrested after finding a handgun in his apartment.

This case is still in the initial stages and the charges against Mr. Childs are likely to change. When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. They will be able discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

As a Jacksonville Criminal Defense Lawyer I scour the local, national, and world news to stay informed on current Criminal legal issues. Just recently a news article by Foxnews.com sparked my interest. The article titled "Cocaine Bust Lands Curvy Model in Italian Jail," was a colorfully written article.

The article states a Spanish model attempted to smuggle Cocaine into Italy via prosthetic breasts and buttocks. The model's plan was to distract the TSA by wearing tight-fitting clothes and her attractiveness would take suspicion away from the real task at hand. However, her "extra-large bosom and derriere" caught the attention of TSA and they investigated. After failing to provide sufficient answers to their questions, they conducted a strip search. The search revealed the model was attempting to smuggle 5.5 pounds of cocaine.

Currently the charges are pending and dependent upon Italian and international law, the charges could be quite severe. This article intrigued my legal mind because it shows the diminished expectation of privacy one holds while traveling through airports. At airports all the authorities need is reasonable suspicion before they can investigate. In contrast, inside one's own home the expectation of privacy is very high. Police are required to have a warrant before entering your home, absent exigent circumstances.

Even with this diminished REP, you still have rights! If the authorities violate these rights, the evidence collected against could be inadmissible in court or the charges could be dropped all together. A Jacksonville Criminal Defense Lawyer can review your case and determine if the authorities have violated your rights and take the appropriate action to rectify the situation. Criminal drug possession and trafficking charges carry serious penalties and jail time. It is in your best interest if you have Jacksonville Criminal charges pending against you to contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best course of action moving forward.

A recent autopsy of the FAMU student who died last month following a hazing incident revealed massive internal bleeding to the student's back and shoulders. The student, Robert Champion collapsed on the bus following a football game between FAMU and Bethune-Cookman College. Currently there have not been any charges filed against fellow band members.

According to the report release the student endured repeated heavy blows to his chest, arms, and back. As a result, he suffered massive internal bleeding in his chest, back, and arms. The medical examiner has also concluded the cause of death was a homicide.

Florida law defines Hazing as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. Furthermore, if a death results from a hazing activity the person will be charged with a third-degree felony. Punishments include incarceration not exceeding 5 years and/ or $1000 fine.

Florida "Hazing" laws encompass activities that some might not see as criminal, be it by there participation in such activates in their youth or their jovial nature. Even so, Florida does not take "hazing" lightly. If you have been charged with Hazing or currently have Hazing charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best course of action in moving forward.

Balzourt v. Florida comes before the 2nd DCA on appeal from the Circuit Court for Polk County. The appellant is appealing his first-degree murder charges under two different legal theories. First dealing with the Rules of Evidence and the admissibility of collateral crimes. Second dealing with the State's burden of proving premeditation to support the charge of first-degree murder.

The appellant was convicted for murdering his then girlfriend and setting her body on fire in the nearby woods. The victim's cause of death was determined to be asphyxiation and the state was able to prove the appellant had committed the murder.

The first issue in this appeal deals with the Williams rule. The appellant contends the evidence allowed to be admissible did not similar enough to satisfy the requirements for admissibility. Under Williams, collateral crime evidence is only permitted when used to prove a material fact and not just to show bad character or propensity. Furthermore, Courts have required strict compliance and similarity between the acts before they can be admitted before the courts. In this case, the State introduced evidence of a prior strangulation of an ex-wife of the appellant. In that incident, the two were arguing over an ex-boyfriend and during the heated argument he strangled her to the point of unconsciousness. That incident took place in the middle of the day. In contrast, this incident occurred between the appellant and a girlfriend, in the middle of the night, and the state failed to prove what caused the incident in the first place. Based on the forgoing facts, the Court determined the evidence was improperly admitted and remanded for a new trial.

The second issue in this appeal deals with the State's failure to prove premeditation so as to support a charge of first-degree murder. According to the Florida Supreme Court, premeditation is a fully formed conscious purpose to kill which must exist for a sufficient length of time to permit reflection as to the nature of the act to be committed and the probable result of the act. (Quotes omitted). Coolen v. State, 696 So.2d 738 (Fla. 1997). The State provided evidence the appellant did strangle the victim, but has not provided any further evidence the jury could draw the conclusion the appellant had the premeditation required to satisfy the charge of first-degree murder. The Court ruled the evidence did not support a finding of first-degree murder and remanded the case for retrial, but only for the charge of second-degree murder.

Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

Earlier this week Jacksonville Police charged Timothy Byrd, a 50 year old Jacksonville resident, for murder after his father died from injuries sustained during an alleged "play fighting" incident that took place over Halloween weekend.

The victim, Robert Byrd, was an 83 year old Jacksonville resident and father to Timothy Byrd, the suspect in this case. According to Jacksonville Police reports, Timothy was originally arrested for aggravated battery in connection with this incident, but following his father's death on November 17th, he was subsequently charged with murder. The suspect has admitted to striking his father, but claims they were just "play fight[ing]." This case is still in the initial stages and will be interesting to follow as the facts of this incident come to light.

When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

Wednesday morning reports have come out stating a Jacksonville homeowner has shot and killed a burglary suspect. According to Jacksonville Sheriff's Office (JSO), the suspect was in the Westside neighborhood and looking for homes and vehicles to break into. Unfortunately, this burglary suspect met with a homeowner that was not willing to give up. The Police report stated the burglary suspect and the homeowner confronted each other and a fight ensued. It is not clear from current reports where the gun came from, but the homeowner shot and killed the suspect.

In Jacksonville, Burglary is defined by Florida Statute § 810.02, which reads "[e]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein...or to commit or attempt to commit a forcible felony. Additionally, under Florida Statutes, Burglary is considered a forcible felony. (Fla. Stat. § 776.08). Here, the suspect had intent to enter the home and the intent to commit a forcible felony within (i.e. burglary).

Furthermore, Florida law permits the use of deadly force to protect one's home against invasion and imminent threat of serious bodily injury or death or the commission of a forcible felony. This theory is known as the "castle doctrine." Here, the suspect was inside the home of the victim and intended to commit a forcible felony. Therefore, the homeowner could be justified in using deadly force against the suspect.

However, this case is still in the initial stages and a full investigation is going to be conducted to determine what actually occurred. Whenever you decide to use deadly force against another, it could lead to criminal and civil penalties. That is why it's important to contact a Jacksonville Criminal Defense Lawyer if you or loved one have been charged or have pending criminal charges against them. Going against the legal system alone is not a good Idea. A Jacksonville Criminal Defense Lawyer can review the reports, understand/apply the law, zealously represent you, and determine what is the best approach in moving forward in your case. Don't delay, contact a Jacksonville Criminal Defense Lawyer Today.

This case is an appeal from the 15th Circuit in Palm Beach County, where the appellant appeals his conviction, jury instructions, and Court's refusal to consider youthful offender sentencing. The 4th DCA affirmed the conviction and jury instruction, but remanded the sentencing decision to another judge for review of youthful offender status.

The case arose from an armed robbery at a gas station in Palm Beach County. The suspects brandished a weapon during the robbery and while exiting the building fired one shot towards the clerk. The suspects fled the scene. Later the police approached a vehicle for broken taillight. The appellant was found in the backseat with clothing, a gun, and money that matched the type used in the robbery. The appellant made conflicting statements to the police about his participation in the robbery, his statements went from not there to just driving the vehicle. He was found guilty for armed robbery and sentenced to ten (10) years in jail.

The appellant, Harry Salter, appeals the denial of his motion for acquittal and the jury instruction for not making special remarks into the validity of circumstantial evidence. The 4th DCA reviews motions for acquittal De Novo. The appellant argues the evidence was insufficient to prove his guilt and therefore uphold his conviction. However, the court reasoned there was enough direct and circumstantial evidence upon which the jury could draw the conclusion of guilt. Furthermore, the court has the discretion as to give jury instructions regarding circumstantial evidence and the appellant has failed to demonstrate the court's abuse of its discretion.

Finally the appellant appeals the court's denial to sentence him as a youthful offender. The 4th DCA rules that the court has the discretion whether or not to sentence a suspect as a youthful offender. But, in this case the court refused to consider this implication because the appellant chose a jury trial instead of pleading guilty and take a plea bargain. This is a violation of the appellant's Constitutional rights and the 4th DCA remands the matter for resentencing before a new judge to consider whether a youthful offender sentence is proper.

If you are subject to a criminal investigation or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to determine what is the best course of action in moving forward.

This case proceeds from an appeal of the Circuit Court in Lee County, where the court denied the motion for acquittal of the Appellant's Aggravated Assault on a Law Enforcement Officer. The 2nd District court sitting En Banc, affirmed the decision and writes to clarify the law previously relied upon in State v. Shorette, 404 So.2d 816 (Fla. 2d DCA, 1981).

The facts are simple; the appellant was the driver of a vehicle that was subject to a BOLO by the police. As the officer's approached the vehicle the passenger was order on the ground at gunpoint. One of the Officers was located approximately 5 to 10 feet behind the vehicle. At this point the reverse light of the vehicle came on and the driver quickly proceeded to reverse in the direction of the Officer. The Officer had to quickly maneuver out of the way to avoid being hit. This action put the Officer in apprehension of his safety.

The appellant's argument is based upon his lack of intent to cause harm to the victim. He relies on State v. Shorette as grounds for his motion for acquittal. In Shorette, the court ruled the state had to prove that the defendant had the specific intent to do violence to the victims. 404 So.2d at 817. However, this Court has ruled that is a misstatement of the law. Assault is defined in Florida Statutes 784.011 (1) as "an intentional, unlawful threat by... act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

This Court ruled that the state must prove that the defendant's act was substantially certain to put the victim in fear of imminent of violence. Not that the defendant had the intent to do the violence upon the victim, as stated in Shorette and relied upon by the appellant. Therefore, in this case, the Court was correct in denying the motion because that state established the officer was in fear of immediate bodily harm by the vehicle speeding towards him. Therefore, the elements of Assault have been satisfied and the issue can go before the jury.

If you have pending criminal charges against you, it is in your best interest to consult a Jacksonville Criminal Defense Lawyer. They will be able to evaluate your case and determine the best avenue in which to proceed.

Recently, a 19 year old St. Augustine Beach resident, Chase Cameron, has been arrested and charged with Stealing a motor vehicle and burglary after a morning full of mischief. According to police reports the suspect stole the Porsche early Sunday morning and sometime after decided to burglarize a local Christmas Tree lot.

Mr. Cameron stole a 1998 yellow Porsche Boxster and was caught at a local fast food restaurant after someone called the police because he was acting "nervous and irritated." However, much to the police's surprise, inside the vehicle was evidence of another crime, burglary. Located inside the vehicle were tools, the cash register, the credit card machine, and candy canes, all belonging to a local Christmas Tree lot.

The suspect, Mr. Cameron is currently being held in St. Johns County jail on a $18,000 bond.

Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

When a person gets a speeding ticket in Florida, this results in the Florida Department of Highways Safety and Motor Vehicles placing points on the person's Florida Driver's License. The amount of points that Florida Department of Highway Safety and Motor Vehicles will place on your Florida's driver's license depends on the speed as noted on the Florida speeding ticket. If a Florida driver is ticketed for going 15 miles or more over the posted speed limit, the ticket will result in four (4) points. If the ticket is for less than 15 miles over the posted speed limit, the ticket will result in three (3) points.

The actual speed that you are traveling does not matter for the purpose of points in Florida. Therefore, if you were traveling 20 miles per hour over the posted speed limit, but the police officer only documented that you were traveling 10 miles per hour over the posted speed limit, you will only receive three points instead of four on your Florida Driver's License. Although you may believe that the Florida police officer gave you a break, you will still be getting three points on your license. You can request that the judge or hearing officer withhold these three points, so you do not receive any points.

On Saturday night, a pedestrian was hit by a Chevrolet pickup truck in Jacksonville, Florida on Normandy Boulevard in Jacksonville near Parrish Cemetery Road. Jacksonville reports suggest that a 47-year-old woman named Virginia Kosobud was driving the truck. After hitting 22-year-old Crystal Brown, Ms. Kosobud left the scene of the accident in Jacksonville, Florida, and Ms. Brown died due to her injuries from the Jacksonville accident. Later, Ms. Kosobud was located. Police arrested Ms. Kosobud for Jacksonville leaving the scene of a crashing involving death and driving without a valid driver's license. It appears that police suspected that Ms. Kosobud was driving under the influence of alcohol in Jacksonville, Florida, because the results of an alcohol test is pending (News4jax).

Because police are waiting for the results of an alcohol test, I am assuming that this case involved a DUI blood-draw. Florida has extensive laws that cover blood-draws in Jacksonville DUI cases. While police may request a forcible blood-draw for a Jacksonville DUI accident that involves death or serious bodily injury, there are certain requirements that must be met first. Therefore, the entire case should be investigated and evaluated. If the blood-draw was unlawful, it may be suppressed. If it is suppressed, it cannot be used as evidence against the Jacksonville DUI defendant.

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As I drove down Mayport Road this morning on my way to the Duval County Court House to defend a Jacksonville Criminal Case, I noticed Atlantic Beach Florida police cars all over the place. Police officers were on almost every street aligning Mayport Road (A1A) in Atlantic Beach, Florida. As a Jacksonville Criminal Lawyer, I assumed the worse. I thought to myself: "they must be searching for a suspect; there must be a murder weapon in the area; they are looking for someone that was involved in a Jacksonville hit and run accident." I wanted to stop and ask an officer, but I knew that the Duval County Courthouse was not going to wait for me, and my client would not be happy if his Jacksonville Criminal Defense attorney did not show up on time. Thus, I kept driving.

After surfing the web and reading an article published by First Coast News, I discovered that a deadly shooting occurred that morning in Atlantic Beach, Florida. According to First Coast News:

"Authorities arrived on the scene at 12:55 at 87 South Forrestal Circle where they found a white male who had been shot in the chest. The victim was taken to Shands Jacksonville, where he was pronounced dead. The Jacksonville Sheriff's office identified the victim as 25-year-old James Lee Morrow. Police said a woman came out of the house and confessed to authorities that she shot the man. She was taken to the police station for questioning by JSO homicide investigators, along with two witnesses who also lived at the home. JSO identified her as Angela Morrow. Police said the victim and the woman are husband and wife. JSO said this afternoon that no charges had been filed and the investigation is ongoing."

12 Laws of Christmas - Day 2 Foreclosure Defense Pay 2 Months get one Free

This special is for any new or existing Foreclosure Defense clients and can offer you a substantial discount and save you a substantial amount of money. While we understand that not everyone will be able to take advantage of the offer, for those of you who can it should be considered. If you pay for 2 months of Foreclosure Defense we will give you a credit for an additional month at no charge. For more informaiton on Strategic Default or Foreclosure Defense in Florida, please see the target="_blank">Florida Foreclosure Defense Lawyers Blog.

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Many of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

If you or a family member has been accused or are under investigation for a Crime and are looking to hire a Florida Criminal Defense lawyer to represent you, we have an offer that may make it easier to hire an attorney around the end of the year. The Apple Law Firm is offering to reduce any new retainer by $500 for representation for a felony or misdemeanor crime. For more information, you may review the Jacksonville Criminal Defense Lawyers Blog.

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Many of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

As a Jacksonville Florida Driver's License Lawyer, I get many calls from people stating, "Help! I just received a letter in the mail that says my driver's license is going to be suspended for five years." The Jacksonville driver that called is normally being declared a Florida Habitual Traffic Offender (HTO), and that is why his or her license is being suspended for five years. As a Florida HTO, if the driver gets caught driving with a habitual traffic offender suspension in Jacksonville, he or she will be arrested for felony driving with a suspended or revoked license.

When you receive a letter from the Florida Department of Highway and Safety Motor Vehicles, do not wait to do something about it. Stopping your Florida Driver's License from being suspended cannot occur in a day. You will likely need to reopen one of your older cases to reverse this Habitual Traffic Offender suspension. A Jacksonville Criminal Defense Lawyer should discuss your case with you. In order to reopen an old Jacksonville Driving on a Suspended or Revoked License case, your attorney will need to be able to present the court with mitigating evidence that will set you apart from other Jacksonville drivers in the same situation. When talking with a Jacksonville Criminal Defense Lawyer, it is important to tell him everything about your Florida Habitual Traffic Offender driver's license suspension and your Florida driving record, so he can prepare your case properly for you.

Contact a Jacksonville Criminal Defense Lawyer, to discuss your Florida driver's license case and determine what mitigating factors may prevent you from losing your license for 5 years!

12 Laws of Christmas - Day 1 Create a Will for $25

Have you been in need of a Florida Will or have a family member that is in need of a new Will? Have you considered using an online service but been afraid of what you might create or what mistakes you may make? Now, you can have a lawyer create a will for only $25. This is not a will that you would find at staples or in a form book, but a fully customizable will based on your needs and desires.

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Most of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

Christian Fernandez is the 12-year-old boy that has been charged as an adult for murder in Jacksonville, Florida. He is the youngest juvenile to be charged as an adult. While the Jacksonville State Attorney's Office and Fernandez's Public Defender have been trying to negotiate a plea deal in this Jacksonville Murder Case, they have been unable to come to an agreement. Since the prosecution and defense cannot come to an agreement about a Jacksonville plea deal, the case has been set for a jury trial. This Jacksonville Juvenile Murder trial is set to take place on February 27, 2012. At that time, the jury will be picked and the trial will likely take place through out the week. Unless the Jacksonville prosecutor and defense attorneys come to an agreement, the case will be tried. If the case is not ready for trial, the parties may move to continue the trial. However, it is up to the Duval County judge to decide whether or not to grant the motion to continue.

It appears that this murder trial is not the only thing that Fernandez's Jacksonville Criminal Lawyers need to be concerned about. The Jacksonville.com reports the following information:

"The defense filed a motion to dismiss the original indictment, the prosecution indicated they'd also seek a second indictment against Fernandez for another offense. That second matter has been under investigation all along and involves another crime that carries a penalty of life in prison, authorities said. The State Attorney's Office plans to present the second case to the grand jury Thursday."

It will be interesting to find out if the new Jacksonville criminal charges are connected with the Jacksonville murder charge or completely separate. Since the Jacksonville crime carries a life sentence, it is a serious offense. Not only will the Jacksonville defense lawyers need to defend against the murder offense, but they will have another criminal charge to battle in court. No doubt that any plea deal that is reach will include a disposition of both Jacksonville criminal cases.

Middleburg resident, Milton Lee Minier, was sentenced to 10 years in the Florida State Prison. He plead guilty to the charge of Florida DUI (Driving Under the Influence) Manslaughter as part of a plea deal with the Clay County State Attorney's Office. According to the Florida Times Union (Jacksonville.com):

"Police said Minier drove into a cement wall in the 7900 block of Old Kings Road in the early morning hours of March 6, killing his passenger, 21-year-old Tiffany Manzano of Jacksonville. A sample of Minier's blood taken shortly after the crash revealed he had a blood-alcohol level of 0.185 percent, more than twice the legal limit, his arrest report said."

In Clay County, the legal limit is a BAC of 0.08 percent or below. This blood-alcohol level is used as evidence in Clay County Florida DUI trials against the Defendant to help prosecutors prove the crime of Driving Under the Influence. It is important to investigate the DUI case and the circumstances surrounding the blood draw when defending a DUI charge. There could be a problem with the blood draw or the manner in which it was obtained. If you have been arrested for DUI in Clay County, Florida, contact a Jacksonville Criminal Defense Lawyer to discuss your case, make the proper determinations as to mitigation, and to protect your rights during your Jacksonville Criminal Case.