Jacksonville Criminal Defense Lawyer Blog

Recently, the First District Court of Appeals heard a case overcharging a defendant. Colbert v. State, 37 Fla. L. Weekly D264a (Fla. 1st DCA 2012). In Colbert, Harley Colbert was charged with burglary to a dwelling. He was accused of stealing a bicycle from the outside of Alejandro Rojas' home. According to the evidence presented:
"Mr. Rojas resided in a two-story townhouse. Protruding from underneath the townhouse's front door was a concrete pad that connected to a front walkway. One side of the concrete pad was open to the front yard, while the other side abutted a layer of mulch. On the opposite side of the mulch was the exterior wall of the townhouse's garage. The concrete pad and mulch were partially covered by the eave of the garage and the townhouse's second floor balcony, which was not supported by posts. The concrete pad and mulch were both visually and physically open to the street... Rojas's bicycle was sitting on the mulch between the concrete pad and the wall of the garage. At some point, Rojas saw Colbert walking down his driveway with the bicycle." Id.

Under Section 810.011(2), a "dwelling" is defined as:
"a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof." Id. (citing Fla. Stat. § 810.011(2)).

In Colbert, the question was whether the area from which he stole the bicycle was an "attached porch" pursuant to definition of a "dwelling" as provided in section 810.011(2), Florida Statutes (2010). The court ruled that it was not stating, "the area outside of Rojas's front door was both physically and visually open to the general public. Consequently, the area from which the bicycle was taken does not comport with the concept of an 'attached porch' under the statute." Id. Therefore, he should have never been convicted of burglary. However, it is important to note that he could still be convicted of theft. The value of the bicycle will determine the degree of theft charge. If it is a petit theft, he will only be facing misdemeanor charges, but he is looking at felony if it is grand theft.

Section 810.02 defines burglary as:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony.

Burglary is usually a 2nd degree felony. It is punishable by up to 15 years in jail. Under Section 810.011(2), a dwelling is defined as :
"a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof."

A Criminal Defendant can be overcharged with burglary to a dwelling when in actuality, he or she should have been charged with theft. Considering the fact that burglary to a dwelling can result in a 15 year sentence, this is a big deal. However, if the defendant is charged with Grand Theft, he may receive a sentence that ranges from probation to five years in prison.

Also, burglary is a felony, regardless of the value of the property that taken, but theft can be a misdemeanor or felony depending on the value of the property taken. In some cases, this will cause the sentence to be less harsh, since the criminal defendant will only be facing a theft charge.

Jacksonville residents and people elsewhere have heard of cases of "peeping toms" and those who look into your home from near or a far. But many do not know that videotaping another, or simply walking in on another can constitute a Jacksonville Voyeurism Criminal Offense. Furthermore, a misunderstanding as to the circumstances can lead to false accusations and arrests. In addition, as a Jacksonville Criminal Defense Lawyer I have been asked what is Voyeurism and what penalties could be imposed if convicted?

The crime of Voyeurism is defined within Florida Statute § 810.14, which states a person commits Voyeurism when:

1. With lewd, lascivious, or indecent intent


2. Secretly observes another person


3. When the other person is located in a dwelling, structure, or conveyance


4. And such location provides a reasonable expectation of privacy.

Additionally, the first offense is a first-degree misdemeanor punishable by up to 1 year in jail and fines not exceeding $1000. However, any additional convictions for Jacksonville Voyeurism constitute a 3rd-degree felony punishable by up to 5 years in prison and fines not exceeding $5,000.

But what does all this mean for a Jacksonville Criminal Defendant? It means several things. First, just because you have been charged does not mean you will be convicted. Second, the State is obligated to prove their case beyond a reasonable doubt, a high standard. Third, the State must prove every element of the criminal offense; therefore, if the observation was not done secretly or without the proper intent, this could prevent a conviction for Voyeurism. Finally, the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove advantageous to a Jacksonville Criminal Defendant.

Voyeurism is a serious criminal offense and the penalties can be quite severe. Therefore, if you or a loved one are facing Voyeurism charges or any Jacksonville Criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case, protect your rights, and make the proper determination in moving forward.

The 1st DCA recently heard a case involving the erroneous conviction of a man as a HTO although he never acquired a State license. (Crain v. State). In this case, Crain was tried and convicted as a HTO although he never had a Florida driver's license. The issue before the Court is whether a person can be convicted under F.S.A. § 322.264 noting § 322.34(5). The Court ruled that Crain's felony conviction be overturned and adjudicate him guilty of driving without a valid driver's license (a misdemeanor).

The State contended a commonality between "driver's license" and "driving privilege," stating these two were mutually exclusive. Furthermore, in closing arguments, the State differed from the statutory language and added "or driving privileges" into the statutory jury instructions. The Defense, on the other hand, contends that the State overreached its bounds by expanding the Florida Statute to include what was not meant or intended to be included. Additionally, the Defense points to § 322.34(6) where the legislature defines the crime of driving without a valid driver's license as a separate offense from § 322.34(5).

The Court ruled in favor of the Defendant on the grounds the State failed to prove Crian ever had a license and therefore the State could not prove he drove while his license was suspended/revoked.

This particular case demonstrates where good Criminal Defense lawyering played a major role in the outcome. Had Mr. Crain gone against the legal system alone, he might still have a felony conviction on his record. Although every case is different and no specific outcome can be determined before hand, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove advantageous to Jacksonville Criminal Defendants. They will evaluate your case, determine possible defenses and justifications, and work with you to protect your rights. So, if you or a loved one are facing a HTO conviction or any Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determination in the best approach moving forward.

John Travolta, famous movie star and Florida resident, recently got the news that his 1970 Mercedes 280 SL will not be returned after Police made two arrests in connection with the grand theft. According to the reports, the two men have "chopped" the car and sold the parts. Travolta's Mercedes was worth approximately $100,000.

The theft occurred last September when Travolta parked it near a Jaguar dealership in Los Angeles. The two men were subsequently arrested in December, but police have just release the news of the car's "chopped" status. One of the men, D.L. Rayford Jr., pleaded no contest to grand theft and was sentenced to 16 months in prison. The other man, Michael Green, was already on probation for other theft crime when arrested for this incident. Although this crime took place in California, grand theft is also common in Jacksonville. Florida Statutes § 812.014defines Grand Theft and penalties therein. In applying these facts to Florida law and under this statute this crime would be grand theft in the first-degree, a first-degree felony. The penalties range up to 30 years in prison and up to $10,000 in fines.

Grand Theft is a serious felony and has harsh penalties if convicted. Furthermore, taking on the legal system is not an easy task; especially if your unrepresented in Court. This is where the advice and counsel of a Jacksonville Criminal Defense Lawyer may prove invaluable. The Jacksonville Criminal Defense Lawyer can review your case, determine which defenses and justifications may apply, and make the proper determination as to the best approach in moving forward. So, if you have been charged with Grand Theft or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer's home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer's home and had to be physically restrained until police were able to arrive and take the young man into custody. He is currently being charged with Burglary with the intent to commit battery.

As a Jacksonville Criminal Defense Lawyer, when I hear about these types of incidents; I think about all the mitigating circumstances that surround the incident at hand. Could the alleged suspect have mental disabilities that would hinder his ability to understand his actions? Was the alleged suspect under the influence of medication or other drug that might negate his ability to reason? Or was there some other intervening circumstance that would negate the culpability for this alleged crime? These are just some of the avenues that a Jacksonville Criminal Defense lawyer will consider when handling your Jacksonville Criminal Case.

The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Also, you still have rights after your arrested and must make sure they are being protected. That is why if you or a loved one have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could prove to be all the difference in your case.

The trial for Colavito Bell began yesterday in Duval County Court. According to opening statements by the Assistant State Attorney which claimed Bell shot Christopher Oney, the victim, because he was jealous that he was getting more work than himself. The Defense Attorney, in contrast, stated Lyn Ragan, fiancé of the victim, was responsible for the distribution of the workload and that she would have lost her job if the relationship or favoritism were discovered. The trial continues today.

So what could Bell, the Jacksonville Criminal Defendant, be facing? Potentially, he could be convicted of first-degree murder. Unless the State fails to prove its case beyond a reasonable doubt or the Defense Attorney establishes mitigating circumstances. In addition, if the facts prove insufficient a conviction cannot be upheld. Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04).

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff's Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him "kicking" the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with "shooting a gun at the scene." Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

When a prosecutor must prove a murder case beyond a reasonable doubt, the more evidence that he or she has, the better the chances of conviction. On the other hand, when defending a murder case, you must look for the lack of evidence to establish reasonable doubt. The Casey Anthony trial is a prime example of a murder case that had a lack of evidence sufficient enough to result in an acquittal of murder charges. For instance, due to the extensive decomposition of Kaylee Anthony's body, the exact cause of death was unknown. Therefore, this made it more difficult for a jury to convict Anthony.

Yesterday, police found a body near the St. Augustine Lighthouse, and they are working to identify it."

News4Jax reports that "St. Augustine Police Officer Mark Samson said kayakers on an eco-tour found the body of a middle-age man in Salt Run and 10 a.m. and notified authorities. He said there was no visible trauma to the body. The man was carrying no identification and police are reviewing reports of missing men in the area. An autopsy was to be performed to learn the cause of death and dental records would be used to try and identify the victim."

If the body was submersed in the water for some time, it is going to be more difficult to prove the cause of death of the individual. However, if the body has not been under water for very long, the medical examiner will be more successful in making a determination.

A Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip's behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who 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.

On Tuesday night a pizza delivery woman was allegedly robbed at gunpoint. According to reports, the woman completed a pizza delivery around 8 PM when, on her way to her vehicle, an armed man approached from behind and demanded all her money. The woman proceeded to throw approximately $180 on the ground. As the suspect retrieved the money from the ground, the woman ran back to the apartment and called the police. The identity of the alleged suspect is unknown because he was wearing a ski mask during the alleged incident.

If these facts prove to be true, the Jacksonville suspect could be facing charges of Armed Robbery. In an earlier Jacksonville Criminal Defense Lawyer Blog, I described the nuisances of Robbery and the penalties that could result from being convicted. In this case, the charges of Armed Robbery would constitute a first-degree felony, because a deadly weapon was used during the course of the robbery. The penalty for a conviction of a Jacksonville Armed Robbery could result in 30 years or life imprisonment and/or up to a $10,000 fine.

Armed Robbery is a serious criminal offense and should not be taken lightly. Also, taking on the Criminal Justice system alone is not always advantageous to a Jacksonville Criminal Defendant. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

Currently, Jacksonville Sheriff's Office is on the hunt for a Jacksonville man wanted for the alleged arm robbery of a cell phone store last Friday. According to the Police reports, the man entered a Metro PCS store located on Soutel Dr. and demanded the money from the register while brandishing a weapon to the employee. No one was hurt during the incident, but the suspect did get away with an undisclosed amount of money. This incident leaves the question what is Armed Robbery and what are the penalties?

Robbery is defined within Florida Statute § 812.13; it reads, "'Robbery' means the taking of money or other property which may be the subject of larceny from the person or custody or another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of taking there is a use of force, violence, assault, or putting in fear." Basically, if the property stole was taken in your presence and you were fearful of injury or death from an armed suspect, then an Armed Robbery has been committed.

There are two types of robbery; with or without a weapon. Robbery without a weapon is a second-degree felony, which could have a potential sentence of up to 15 years and/or a $10,000 in fines. In contrast, an Armed Robbery is a first-degree felony, having a penalty of up to 30 years or life imprisonment (as provided for in the Statute) and/or $10,000 in fines. These are harsh penalties and a Jacksonville robbery charge should not be taken lightly.

An Armed Robbery charge could negatively impact the rest of your live. A Jacksonville Criminal Defense Lawyer knows the law and possible defenses to these types of allegations and can work with you for the best possible outcome. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

A recent report of a home in Jacksonville being damaged by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. The cause of the fire is still being investigated. But leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads "any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling...any structure...any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being." If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

A Jacksonville Arson charge is a serious criminal offense with serious penalties. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. If you are facing a Jacksonville Arson charge or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

Former United State Marine, Itzcoatl Ocampo, was charged with four counts of murder in California for the deaths of four homeless men. Media Reports stated that "the killing spree began in December, raising concerns that a serial killer was preying on the homeless. Police and advocates then went on nightly patrols to urge them to sleep in groups or seek shelter." Each victim was stabbed multiple times. There has been no evidence submitted "on the evidence against Ocampo, or a possible motive. But Anaheim Police Chief John Welter has said investigators are confident they have the man responsible for the murders."

According to his family, Ocampo "was deployed to Iraq in 2008 and came back a changed man. He said his son expressed disillusionment and became ever darker as he struggled to find his way as a civilian. After he was discharged in 2010 and returned home, his parents separated. The same month, one of his friends, a corporal, was killed during combat in Afghanistan. His brother said Ocampo visited his friend's grave twice a week."

With a weak economy, everyone is feeling the ramifications of a state with declining revenue. The Huffington Post reports:

More than 20,000 Texas prisoners have been eating two meals a day on weekends since April, in a bid by the prison system to cut food-service costs... The two-a-day weekend meal plan is part of an effort to cut the Texas Department of Criminal Justice's budget by $2.8 million; other cost-cutting measures include giving prisoners sliced bread instead of hamburger or hot dog buns and offering powdered milk instead of carton milk."

Florida is also using cost-cutting measures, but this is more beneficial to decreasing the prison population. "Florida lawmakers passed two bills earlier this week that would expand the state's prison rehabilitation program and reduce jail time for non-violent criminals in a bid to make some headway in the state's $2.3 billion budget deficit."

A few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered "sex for $25." The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a "victimless" crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

A Report just released stated a 3-year-old Jacksonville boy was shot in the shoulder when a gun he was handling went off. According to the Police report the bullet struck the floor then ricocheted off, striking the young child in the shoulder. The boy was taken to a local Jacksonville Hospital for treatment.

This is a breaking news story and the details are not fully disclosed at this time. But, as a Jacksonville Criminal Defense Lawyer, I do have several points that should be taken under consideration. First, why was a child handling a weapon? Better yet, why was a child handling a LOADED weapon? Second, where were the parents during this incident? Did they approve of his handling or were they neglecting the child and left him to his own devices? All these questions and more will have to be determined for the police to proceed into their investigation.

This type of accident is both tragic and heartbreaking. The 3-year-old will have lasting scars and the horrific memory of being shot; a pain that no one should ever feel. Additionally, depending upon the circumstances, the parents could be facing criminal charges as well. This case is still in the initial stages and only as the facts present themselves, will we be able to predict how this investigation will end.

If Criminal Charges are brought against the parents or other culpable parties, the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. It is important to contact a Jacksonville Criminal Defense Lawyer if you have been charged with a Jacksonville Criminal Offense, they can evaluate your case and make the proper determination as to moving forward so as to protect you and your rights.

The captain of an Italian cruise ship was arrested and will be facing several charges. Francesco Schettino and hist first mate, Circo Ambrosia face potential charges of manslaughter and abandoning ship.

According to the New York Post:

"Prosecutors said the ship had been gliding extraordinarily close to the island of Giglio, off Tuscany, when it slammed into the rocky spur in 'an awkward way.' Some passengers charged that at the time of the crash, 9:45 p.m. local time, the captain was hanging out with elegantly dressed vacationers in the main dining room and that his crew hogged the lifeboats to save themselves... By the time the captain got around to ordering an evacuation, about 100 terrified passengers had taken matters into their own hands and were already bobbing up and down in the freezing Mediterranean Sea."

Naturally, several civil suits will stem from this tragedy. Additionally, it appears that the criminal case will also attract much media attention.

This week has been a big week for the family of Natalee Holloway. "Six years after teenager Natalee Holloway went missing in Aruba, an Alabama judge has declared her dead. The move, announced in court today, follows a September request by Holloway's father; he wants to stop paying for her health insurance and give her college fund money to her brother..." (Newser.com)

Additionally, On January 10, 2011, Jordan van der Sloot, the only suspect in the disappearance of Holloway pled guilty to the murder of Stephany Flores in Lima, Peru. "He reportedly claimed in a confession shortly after the slaying that he'd killed Flores because she found information linking him to Holloway on his computer." (Yahoo.com)

His attorneys hoped that he would receive five years in a Peruvian prison for manslaughter. The prosecutor sought 30 years. Today, he was sentenced to 28 years from for first degree murder for this strangling death.

As for the Natalee Holloway case, "Van der Sloot had twice been arrested for the disappearance of Holloway, a 19-year-old from Alabama who vanished during a celebratory trip to Aruba with her senior class in May 2005. Van der Sloot maintained that he'd left her on a beach, drunk. That's the last anyone has seen of her. "

Yesterday an 82-year-old Daytona man shot and killed a potential burglar as he attempted to break into the backdoor. The incident occurred around 6 AM Thursday morning at his home located on Woodland Avenue in Daytona Beach, Florida. According to the Police report, the elderly man awoke to the sounds of a burglar breaking into the backdoor of his home. The homeowner retrieved his .45 caliber pistol and shot one round through the door, striking the burglar in the abdomen. The suspect later died at the scene and there are no charges pending against the homeowner. However, what is burglary and when is Self-Defense Justified?

Florida defines Burglary as "entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." Florida Statute § 810.02. Basically, if a person enters the home, car, business, etc. of another with the intent to commit an offense (i.e. steal) then they could be found guilty of Burglary; a felony. If convicted a Jacksonville Criminal Defendant could face between 5-15 years in prison!

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 attempting to enter the victim's home and intended to commit a forcible felony (i.e Burglary). Therefore, the homeowner could be justified in using deadly force against the suspect.

The use of deadly for should only be used when the situation justifies such use of force. The decision to use a weapon upon another for self-defense is a decision that must be made in an instant when your or your family's lives are at stake. After having to rely on self-defense, the situation does not always end there. There will be an investigation and a determination if the self-defense was justified. This can be a trying time and not always advantageous to an unrepresented Jacksonville resident. That is why its important to contact a Jacksonville Criminal Defense Lawyer to discuss your situation and to make sure your rights are being protected throughout the whole process and investigation.

The recent case of Tiny Blessings, a local daycare, being forced to shut down has resulted in questions about employment screening for daycares.

Under Section 435.06, there are certain criminal offenses that will stop a person's ability to work in certain fields. The crimes that will exclude a person from employment are listed in Section 435.04. These crimes can range from misdemeanor to felony charges, so it is important to review the list prior to making a decision as to whether to enter a plea of guilty or no contest to a criminal charge. If a Defendant enters a plea of guilty or no contest to a crime listed in Section 435.04(2), he or she will not be eligible for employment. Even if a person has been arrested, but the case has not been disposed of yet, he or she will still be excluded from employment.

This law would not apply if the record has been sealed. However, there are certain crimes that cannot be sealed, so it is important to be fully advised by a lawyer before entering a plea of guilty or no contest to any crime. There are exemptions that would permit a person to continue his or her employment. This section applies to felony crimes and misdemeanor crimes.

Last week, the Department of Children and Family Services (DCF) shut down Tiny Blessings. DCF closed the daycare, because the owner, Lawanda Jackson, had a Domestic Battery charge on her record. Jackson, through her attorney, claims that "she was given bad advice from her previous lawyer, leading her to think the plea would not affect her license, but it turns out it did." (News4jax.com)

The problem began on October 6, 2010, when Jackson was arrested for domestic battery. The next day, a private lawyer represented her in first appearance court. Through her lawyer, Jackson entered a plea of no contest in first appearance court. The Judge withheld her conviction and sentenced her to probation. She was placed on probation for 12 months to complete the following special conditions: (1) pay a fine and court costs; (2) complete the SAFE families program, and (3) have no contact with the victim of the Jacksonville Domestic Battery. Her probation was subject to early termination. This meant that if she completed the special conditions of her domestic battery probation, she could be released from supervision early. She did finish her probation early, and her probation was terminated on April 25, 2011. Because the SAFE families program takes approximately six months to complete, it appears that she completed her probation as fast as she could.

Over one year later, her license to operate her daycare facility was revoked and her daycare was forced to close. Florida Law governs a person's ability to operate or be employed by certain types of facilities, such as a childcare facility and Domestic Battery is a listed offense.

Jackson's attorney stated that she was not aware of the ramifications when she entered her plea of no contest. He stated that her lawyer, at the time, did not inform her. It appears that Jackson did not have much time to discuss the case with legal counsel, since she pled no contest to the charge within 24 hours of her arrest.

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony's mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.

The name Jordan van der Sloot became popular in the United States after the disappearance of Natalee Holloway, an American teenager. Although an extensive investigation was conducted and volunteers throughly searched the area, authorities were never able to find enough evidence to pursue criminal charges again Van der Sloot for the murder of Holloway. This case attracted attention from the legal community and the media alike. Many criminal attorneys discussed this homicide case and believed that Van der Sloot got away with murder and that justice was not being served.

Five years later, Van der Sloot murdered a woman that he met in a casino in Lima, Peru. Yesterday, he entered a plea of guilty to the murder charge. He confessed to the crime and told the court, "I want to plead guilty. I wanted from the first moment to confess sincerely... I truly am sorry for this act. I feel very bad." (yahoo.com) He confessed to killing Stephany Flores in May of 2010; "he told police he killed Flores in a fit of rage after she discovered on his laptop his connection to the disappearance of Holloway."

His lawyer argued that he killed Flores "as a result of 'extreme psychological trauma' he suffered from the fallout of the 2005 disappearance on the Caribbean island of Aruba of Natalee Holloway." She "claims the killing was manslaughter, for which the minimum sentence is 5 years. Police forensic experts disputed that claim and the attorney for the victim's family contends Van der Sloot killed Flores, a business student from a prominent family, in order to rob her. Prosecutors are seeking a 30-year prison sentence on first-degree murder and theft charges."

This question stems from the recent Jacksonville Criminal Law case where Tyler Woody Willis, 18, has been arrested and charged with the attempted manslaughter, using a firearm under the influence of drugs, and use or possession with intent to use drug paraphernalia. These charges come from an incident between Willis and his friend, the victim, William Brandon Hodge, 17. However, my question is "what is using a firearm while under the influence of a controlled substance?"

Using a firearm while under the influence of a controlled substance is defined by Florida Statute § 790.151. The Statute states the offense is a second-degree misdemeanor punishable by up to 60 days in jail and a fine not to exceed $500. Furthermore, this offense is defined as "discharging a firearm or to have a firearm readily accessible for immediate discharge, [the gun being] loaded and in a person's hand, and for [such] person [to be] under the influence or alcoholic beverages or any controlled substance."

But what does all this mean for a Jacksonville Criminal Defendant? First, if you are drinking, using drugs, or under the influence of a controlled substance and a firearm is near; you could be charged with this offense. Second, although just a second-degree misdemeanor, the penalties are still severe, but the crime is not absolute, there are possible defenses and mitigating circumstances. Was the act in self-defense or protection of one's property? Did the Defendant have the gun in his possession? These and more are all aspects that a Jacksonville Criminal Defense Lawyer will take into consideration while reviewing your case and making the best determination in protecting your rights.

When facing Jacksonville 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. If you or a loved one have Jacksonville Criminal Charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make a determination as to the best approach in moving forward.

Last week a South Florida 24-year old was arrested following a Domestic Violence altercation when he allegedly threw feces at his girlfriend. The boyfriend is also charged with beating his girlfriend with a bed board and his fists. At the scene the girlfriend refused medical attention although she had an abrasion on her chest. The boyfriend also suffered an abrasion to his left arm. Currently he is being held on a $26,000 bond for battery, aggravated battery, and criminal mischief.

In previous blogs I have written about battery (F.S.A. § 784.03) and aggravated battery (F.S.A § 784.045). Simple battery is a first-degree misdemeanor, whereas, aggravated battery is a third-degree felony punishable by up to 15 years in prison. These are serious charges pending against this young man.

This case is just in the initial stages and there is still a lot that has to be determined before he can be convicted of the charges against him. For instance, the police only arrested the man, but he also suffered injuries. Could those be self-defense injuries? Did the woman actually start the altercation and he was just protecting himself? These and more will be fleshed out as the case progresses.

As a Jacksonville Criminal Defense Lawyer these are just some of the tactics I use to assist my clients with pending Jacksonville Criminal Charges. The advice and assist of a Jacksonville Criminal Law Attorney is always recommended when facing multiple Criminal Charges. So, if you have one or multiple Jacksonville Criminal Charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make a determination as to the best approach in moving forward.

Last week St. Johns County Sheriff's Office responded to a hit and run accident that resulted in one man being sent to Flagler Hospital for life-threatening injuries. The accident occurred early Friday morning on Old Moultrie Road. According to the Sheriff's Office the victim was traveling southbound on his scooter when an unidentified Ford vehicle stuck the victim from behind and then proceeded to flee the scene. Police are currently looking for a Ford vehicle with front-end damage and encourage people to call in if they have any information regarding this Florida Hit and Run.

In Florida, leaving the scene of an accident that results in injury or death is a third degree felony. If convicted, a person could face up to 5 years in prison and/or up to $5,000.00 fine. This is a serious criminal offence and the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Florida Statute § 316.027 defines the law and reads, "the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash...and must remain at the scene of the crash and to answer questions and render aid as set forth in F.S.A. § 316.062."

But, what does all this mean for a Jacksonville motorist? It means if you have caused an accident, injuries or not, you are required to remain at the scene or face additional criminal charges and penalties. Additionally, according to a Jacksonville Personal Injury Lawyer if you are at fault in a car accident you could be facing a personal injury claim to compensate the victim for their losses they have suffered as a result of your negligence.

Finally, my advice is to remain at the scene after being involved in an automobile accident. It could be the difference between civil charges for personal injury or facing a third degree felony criminal charge. However, if you or a loved one are facing a Jacksonville Hit and Run charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the best approach in moving forward.

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year's Eve Celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an "implied Consent Law." Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

Furthermore, a DUI conviction can result in serious penalties, both civilly and criminally. According to a Jacksonville Personal Injury Lawyer if the defendant injured or damaged another's property, they could be facing a civil penalty for the losses suffered by the victims. Florida Statute § 316.192, defines the penalties for first time offenders. A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year, an interlock device, required community service, and potentially vehicle impoundment.

When facing a Jacksonville DUI 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. 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.

It seems like a scene from Varsity Blues, but sometimes real life is crazier than fiction. William Blakenship stole a police car in Indiana two days ago and police are still searching for him. The local sheriff's department found the car and the weapons that were stolen with it, but they are still trying to locate the suspect. They have no clue as to his location at this time.

The Chicago Tribune reports that:

"[Blakenship] stole a Kouts Police Department squad car after a traffic arrest on Tuesday, police allege. Blankenship had been pulled over for speeding, and police reported seeing drug paraphernalia in his car. The suspect was handcuffed and put in the back of the squad car while an officer checked his vehicle. Blankenship then took off with the squad car, which was found in a retention pond Wednesday, police say."

If this occurred in Florida, Blankenship would be facing numerous charges and would be facing incarceration in the Florida State Prison. However, since the crime occurred in Indiana, he will have to answer to the charges in that state, if he is located.

As all Jacksonville residents know, the economy has been down in this nation for over a year. Jobs have been lost, homes have gone under, and crime is at an all time high. It is a statistical fact that during a time of economic recession incidents of criminal activity and alcohol abuse are at an all time high. Sometimes, these rough times lead people to make poor decision and to act in ways, if time were good, they would not normally act. Two crimes of particular intrigue are Burglary and Robbery. These two criminal activities are commonly misunderstood and used interchangeably. However, they are two distinct crimes with very different penalties.

Florida defines Burglary as "entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." Florida Statute § 810.02. Basically, if a person enters the home, car, business, etc. of another with the intent to commit an offense (i.e. steal) then they could be found guilty of Burglary.

In contrast Florida defines Robbery as "the taking or money or other property which may be the subject of larceny from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear." Florida Statute § 812.13. Basically, Robbery requires the forceful taking of property or money from the body of the person (i.e. pick-pocket).

In addition to the differences between the crimes themselves, their penalties vary substantially as well. Robbery suspects normally face steeper penalties because of public policy and the intimacy of the crime committed. Normally a charge of Robbery will be either a first or second-degree felony. This could mean up to life in prison for a single conviction! In contrast, Burglary is normally a second or third-degree felony. Burglary still holds a potential for 5-15 years imprisonment, but much less compared to a Robbery charge.

If you or a loved one have been charged with either Robbery or Burglary, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could make all the difference.

As a Jacksonville Criminal Defense Attorney, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their license. This will have a negative impact on an individual's job, social life, travel, and acquiring basic necessities. This hindrance will only be compounded with Jacksonville's less than adequate public transportation system. But, what actually is a Jacksonville Habitual Traffic Offender and how can I prevent becoming a Jacksonville Habitual Traffic Offender?

Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

1. 3 or more convictions of any one or more of the following arising out of separate acts:


2. [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR


3. 15 convictions for moving traffic offenses for which points may be assessed

Unfortunately, after being labeled a HTO the pain does not stop there. According to Florida Statute § 322.331, after the statutory period, the individual can petition the Court for restoration of driving privileges. There will be an administrative hearing to determine restoration and to determine whether to issue a restricted or unrestricted license.

This is a complicated process of reinstating your license once it has been revoked. Not to mention all the additional fees required before your license will be reinstated. The best approach is to avoid HTO status in the first place. A Jacksonville Criminal Defense Lawyer can evaluate your driving history and determine the best course of action heading forward to prevent the revocation of your license. If you have multiple traffic violations or have been labeled HTO, contact a Jacksonville Criminal Defense Lawyer today.

As a Jacksonville Criminal Defense Lawyer many Jacksonville Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 "Forfeiture of the bond..." According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.

If you have pending criminal charges against you and your out on bail, 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.

Two men were arrested in St. Augustine, Florida in connection with Aggravated Battery and Resisting an Officer without Violence charges. According to Jacksonville News (Firstcoastnews.com), Robert Tony Hicks went to a transient camp near State Road 207 in St. Johns County, near St. Augustine, Florida. He was confronting an unidentified man over a woman that stayed at the camp. Hicks was accompanied by another man, Peter Joseph Grattan. A fight ensued between the men. That is when Hicks stabbed the unidentified St. Johns County man. The man had non-life-threatening injuries, but he was still taken to a local Florida Hospital for treatment.

St. Johns County police officers tracked Hicks and Grattan to a home in St. Augustine, Florida. During the arrest,

"Hicks reportedly struck a K-9 officer in the head as he was being taken into custody, but was subsequently secured with no further incident... Hicks is charged with aggravated battery, resisting an officer without violence and striking a police service animal. His bond is $53,000. Grattan is charged with principal to aggravated battery and resisting an officer without violence. He is being held on $26,500 bond."

Both men are in jail at the St. Johns County Detention Center. They will be facing charges for Florida Aggravated Battery and Resisting an Officer without Violence, among other possible Florida criminal charges. The St. Augustine Assistant State Attorney will review the file and make a charging decision. Then, the criminal defendants will appear in court for their arraignment, which is when the criminal defendants receive the formal charging document and enter a plea of guilty or not guilty. Usually, a Florida criminal defendant will enter a plea of not guilty in order to investigate the case further. It is unusual for a criminal defendant to enter a guilty plea at arraignment, unless a plea deal has been reached before that date.

For questions about arraignment, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights will be protected during your Arraignment and throughout your entire Jacksonville Criminal Case.

Recently, a Florida resident was arrested after brutally beating his girlfriend with a baseball bat. The man, 39 year old James Brannigan Jr. was arrested for aggravated battery with a weapon, violating pre-trial release, and violating a no-contact restraining order. The victim, his girlfriend suffered a possible broken nose, fractured hand, and numerous bruises on her legs.

Aggravated Battery is defined under Florida Statute § 784.045. It is defined as battery in which causes the victim great bodily harm, permanent disfigurement, or permanently disables the victim. Aggravated Battery is considered a second-degree felony and can carry a punishment of the following: term of imprisonment not exceeding 15 years and/or a fine not exceeding $10,000.

Additionally, Domestic Violence is a growing problem in Jacksonville and elsewhere. Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House. In an abusive relationship, also be sure to seek the help of a Florida Divorce Lawyer who can help assert your rights as a battered spouse.

Furthermore, Battery can also have civil penalties as well. Under Florida Civil Law the injured victim could bring an action for personal injury resulting from the battery. A Jacksonville Personal Injury Lawyer can review your case and determine proper compensation for your injuries.

When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.