Jacksonville Criminal Defense Lawyer Blog

Jacksonville Residents and people expect a certain amount of security in their home and neighborhoods, that's why they chose to live in their current location. But, when Jacksonville Criminals strike, it puts one's sense of safety into question. That is exactly what is occurring in our local Gentle Woods neighborhood. If these suspects are caught they could be facing multiple charges of Jacksonville Burglary.

In Jacksonville Florida, the crime of Burglary is defined under Florida Statute § 810.02. Under that Statute, Burglary is defined as, "entering a dwelling, 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." Furthermore, under this Statute, a vehicle is included within the meaning of conveyance.

In this case, the police have blurry photos and a general description of the vehicle the alleged suspects fled in. In addition according to a local news cast, the police have already pulled over a vehicle that matched the description and was not the alleged suspects. This is a prime example how police can make mistakes, and those mistakes can lead to innocent people being wrongly accused.

As a Jacksonville Criminal Defense Lawyer I can review your case, determine if the police had the probable cause to arrest, and to protect your rights as you go against the legal system. Therefore, if you have been accused or charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer today.

As Jacksonville residents and Floridians elsewhere attempt to put our mild winter behind us and look forward to spring; many take to the seas for a quick and easy means of travel away from home. When we choose a cruise, its not just for the ports of call or the onboard activities it is for the excursions that are available once passengers arrive at their destinations. These excursions chosen for their cultural insight, adventure, and a taste of the local lifestyle, not being robbed at gunpoint during a planned excursion with a cruise line.

Unfortunately, that event recently occurred for passengers of Carnival Splendor heading to Mexico. The Cruise ship left Long Beach, California on February 19th headed to Mexico and returned on February 26th. Upon arrival in Mexico, some passengers, 22 to be exact, chose to take an excursion that would take them on a nature hike in the Mexican countryside. However, while returning to the cruise ship, armed bandits boarded their bus and they took all their belongings including, money, jewelry, and cameras. Luckily, no one was injured during this altercation.

This altercation with "armed bandits" in Mexico can be looked from two perspectives; one as a Jacksonville Criminal Defense Lawyer and another as a Jacksonville Personal Injury Lawyer. In the criminal perspective, assuming the US could get jurisdiction these bandits would be facing multiple Jacksonville Armed Robbery charges. Each count of Armed Robbery would constitute a first-degree felony and could potentially sentence the person to life imprisonment. In a Jacksonville Personal Injury perspective, the victims could potentially hold the cruise line liable for their losses. However, the cruise line's liability is dependent upon all contracts and liability waivers the passengers signed before embarking on their journey.

This was a tragic expedition that the passengers onboard Carnival Splendor will not likely forget. Injuries and altercations can happen anywhere and at anytime, even when you are on vacation expecting the time of your life. That is why as a Jacksonville Criminal Defense Lawyer and a Jacksonville Personal Injury Lawyer I am available to meet with you so as to make sure your rights are being protected and you are compensated for your losses.

Last week a St. Augustine resident was arrested and charged with 2 counts of Arson following an incident Thursday morning. According to the reports, the suspect, James Greaves, set his car and his roommate's motorcycle on fire. One aspect of this incident that was suspicious is the fact that the roommate is not going to press charges against his roommate after burning his motorcycle. As a Jacksonville Criminal Defense Lawyer that fact alone brings questionable motives into this event. But, only time will reveal the true motives of the suspect and his reasoning behind his activities.

This incident brings to mind the number of Arson investigations and arrest that occur in Jacksonville every year. Just since the new year, 2012, there have been numerous Arson investigations and with this unexplained fires, sometimes, tragedy can strike. These unexplained fires, if determined intentional, can hold someone liable for Arson, which could constitute either a first degree felony or a second degree felony depending upon the circumstances.

In Jacksonville, Florida Arson is defined under Florida Statute § 806.01. The Statute is divided into two sections, one dealing with burning of a structure that is occupied and the other dealing with the burning of an unoccupied structure. The first part of the statute 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: (a) any dwelling, whether occupied or not, or its contents; (b) any structure, or contents thereof, where persons are normally present...(c) any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being.

Given the circumstances in the case, this part of the statute would not apply being that the items burned were two unoccupied vehicles. However, the second part of this statute would be relevant to this case at hand.

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 structure, whether the property of himself or herself or another, under any circumstances not mentioned in [the first part of the statute].

Therefore, if convicted the suspect could be facing a second degree felony which hold a penalty of a prison term not to exceed 15 years and/or up to $10,000.

However, although you have been charged with a Jacksonville Arson Offense does not mean you are automatically guilty. The State is still required to prove all elements of the offense beyond a reasonable doubt. Therefore, the assistance, guidance, and counsel of a Jacksonville Criminal Defense Lawyer may prove to be invaluable in your case. So if you are facing a Jacksonville Arson Charge or any type of Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer today to discuss your case and to make sure your rights are being protecting in moving forward.

In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville's boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, "I was caught boating under the influence (BUI), what can I do?"

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person's normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (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) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver's license suspension. However, it will suspend your boating privileges.

When you take your boat out into Jacksonville waterways, you must be responsible and refrain from drinking and driving. Get a designated driver or abstain from drinking entirely. BUI is a criminal offense that is completely avoidable, however, if you are faced with a Jacksonville BUI, the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Therefore, if you or a loved one are facing a Jacksonville BUI or other Jacksonville Criminal Offenses, contact a Jacksonville Criminal Defense Lawyer today and discuss your case and possible defenses that might mitigate the criminal offense you are charged with.

Jacksonville is filled with Community Colleges and the University of North Florida. Not to mention the very active nightlife Jacksonville downtown and the beach area can provide. With this active nightlife comes numerous bars and drinking establishments were a person could go to find a goodtime. Unfortunately, those goodtimes are not always engaged in by patrons who are of legal age to drink. Children today are leaving the home at 18 years old and believing their bulletproof head to the local bar for a drink or two. However, these underage drinkers can end up it a whole lot of trouble when the police discover their illegal activities. Furthermore, their criminal activities and penalties do not just end with the child, but those who served alcohol to the child could be held liable as well. In Jacksonville, Florida Statutes § 562.111 and § 562.11 regulate the underage drinking and those who serve them.

Under Florida Statute § 562.111, which regulates the possession of alcoholic beverages by persons under 21 states, "it is unlawful for any person under the age of 21 years old...to have in his/her possession alcoholic beverages." If the person were to be found guilty of the charges would face a misdemeanor of the second degree. A misdemeanor of the second degree holds a penalty of up to 60 days in jail and/or fines not to exceed $500.00. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

Also, Florida Statute § 562.11, regulates the selling, giving, or serving alcoholic beverages to persons under 21. The statute reads, "it is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 OR to permit a person under 21 to consume such beverages on the licensed premises. If convicted the person would face a misdemeanor of the second degree; which hold a penalty of up to 60 days in jail and/or $500.00 in fines. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

These penalties must be proved beyond a reasonable doubt by the State before a person can be convicted and receive punishment. Therefore, the assistance, guidance, and counsel of a Jacksonville Criminal Defense Lawyer may prove to be invaluable. A Jacksonville Criminal Defense Lawyercan review your case, determine if you meet any exception to the statute, and make sure moving forward your rights are being protected.

In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff's Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our motorways, more Traffic Tickets are to follow. But, what happens after I get a Jacksonville Speeding Ticket?

In most Traffic Tickets you are given three (3) options. First, you may elect to just pay the ticket. Second, you may elect to complete a traffic school in order to reduce the penalty and potentially your insurance. Finally, you have the option of setting a court date and appearing before the Duval County Traffic Court, thereby arguing your case before a judge. However, some Jacksonville Traffic Tickets do not allow these options and you must set a court date to appear before a judge. These types of tickets are Criminal Traffic Tickets, the most common being driving with knowledge of revoked or suspended license.

The next aspect to consider is the points that will be added to your license at the conviction of each Traffic Citation. According to the Florida Department of Highway Safety and Motor Vehicles the amount of point that will be placed on your license will be determined by the speed you were traveling over the speed limit. Furthermore, if you are ticketed for traveling 15 MPH or more over the speed limit you will most likely face 4 points on your license. If your ticket is less than 15 MPH over the speed limit you are likely to face 3 points on your license. The points placed on your license will depend upon what was noted on the ticket, not your actual speed. So, if the Officer reduces the amount to only 13 over as a "favor" you are still going to have 3 points placed on your license.

These are just a few preliminary aspects to consider after receiving a Jacksonville Traffic Citation. You do not want to enter a plea of no contest or guilty without first seeking the advise and counsel of a Jacksonville Criminal Defense Lawyer. They will be able to review your case, make the proper determinations, and make sure moving forward your rights are being protected.

Are you a Duval resident and have had trouble securing a job because of your not so clean Jacksonville Criminal History? Well, if so you might have an avenue to rectify the situation and gain that valuable employment to succeed in life. The avenue is having your Jacksonville Criminal History either sealed or expunged. However, petitioning the court for this is not definite and therefore, within the court's discretion whether or not to seal or expunge your Jacksonville Criminal History. With that being said, in order to deny your petition the State Attorney must show good cause as to their objection.

The Procedure for petitioning the court to either expunge or seal your Jacksonville Criminal History is detailed in Florida Statutes § 943.0585 and § 943.059.

In order to potentially have your record expunged, you must not have been convicted guilty of any criminal offense, had charges dropped, or have had your record sealed for 10 years. Florida Statute § 943.0585 states in order to petition the court, the petitioner must provide the court with:

1. A valid certificate of eligibility for expunction;


2. The petitioner's sworn statement attesting to the following:

• Has never been adjudicated guilty of a criminal offense;


• Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;


• Has never secured a prior sealing or expunction of a criminal history record, unless the record has been sealed for 10 years; AND


• Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.

On the other hand, if you are seeking a record seal you must not have been convicted of any criminal offense or adjudication has been withheld. Florida Statute § 943.059 outlines the procedure in sealing ones Jacksonville Criminal History. The Statue requires the petitioner to provide the following:

1. A valid certificate of eligibility for expunction;


2. The petitioner's sworn statement attesting to the following:

• Has never been adjudicated guilty of a criminal offense;


• Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;


• Has never secured a prior sealing or expunction of a criminal history record; AND


• Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.

These are just the required statutory requirements needed in order to petition the court for a Jacksonville Criminal History record seal or expungement. As a Jacksonville Criminal Defense Lawyer I can evaluate your Criminal History and make an initial determination if a record seal or expungement is available to you. So, if your Criminal History is not prefect and you would like it be, contact a Jacksonville Criminal Defense Lawyer today!

Clay County Detective, David White, funeral is schedule for Monday morning at First Baptist Church of Middleburg at 10 a.m. What surprised some is the amount of people who came to pay their respects to the family and the fallen detective on Sunday at the viewing. Thousands of people waited hours to offer their condolences to the White family. Furthermore, the fallen detective's partner, Matt Hanlin, is supposed to be released from the hospital in time to attend his partner's funeral.

Detective White lost his life when his partner and himself attempted to raid a suspected meth lab in Middleburg. According to the reports, the two detectives went to the front door of the home for a "knock and talk." While talking to the suspect, he slammed the door and proceeded to fire shots through the door at the detectives. One shot took the life of Detective White and another shot wounded his partner, Detective Hanlin. As other officers arrived on the scene, the suspect was shot and killed while attempting to flee.

This was a tragic altercation that will not be forgotten. As a Jacksonville Criminal Defense Lawyer my thoughts and condolences goes out to the family of these Detectives. Detective White was a good and honest man and will be missed by his friends, family, and his brothers in arms, Clay County Sheriff's Office.

The ABA Journal reported the following criminal case:

"An $11 million mansion in Hollywood Hills was a deathtrap, officials are contending in an unusual criminal case brought against its architect after the death of a Los Angeles firefighter.

Despite the home's hefty pricetag, the fireplaces in place at the time of the blaze did not meet building standards and presented an "extreme immediate and imminent hazard," according to an affidavit attached to an article in the L.A. Now blog of the Los Angeles Times.

Architect Gerhard Albert Becker, 48, was arrested over the weekend when he arrived at the Los Angeles airport from Spain and initially held without bail. He pleaded not guilty at his arraignment yesterday in the involuntary manslaughter case, and his bail was set at $2 million, the Associated Press reports.

Court documents (PDF) linked to the newspaper article include a search warrant and affidavit that describe the alleged cause of the Feb. 16, 2011 fire and say Becker was both the owner and designer of the home.

He told fire investigators he is licensed as an architect in Germany and Spain and planned and built the fireplaces himself because he wanted to be sure the job was done right, the affidavit says. According to officials, the home had no fireplaces when a building inspection was performed and Becker said at that time he didn't intend to install any, although plans called for a standard gas fireplace.

The affidavit says a building inspector determined that the fireplaces in the home were not constructed in a typical manner, which would have involved the use of noncombustible materials such as brick or stone, liner material that was resistant to high temperatures and an angled design intended to help vent heat and ash through a flue leading out of the building.

In the Hollywood Hills home, by contrast, the fireplaces were built of wood framing and lined on the bottom, sides and top with combustible drywall that ordinarily is used for standard walls, according to the document. Ceramic tile or slate was glued to the drywall.

Among other ways in which the building inspector found that the construction "fails to meet any standards for approved fireplaces," the affidavit says, one of the fireplaces was vented into the interior of the mansion. It appears from the affidavit that all of the fireplaces were gas, rather than wood-burning, and allegedly were manufactured for use outdoors rather than indoors.

Becker allegedly told investigators that he considered his installations architectural or decorative features, rather than fireplaces.

Glenn Allen, a Los Angeles firefighter, was buried in debris after the ceiling of the home collapsed during the fire, the affidavit says. Unconscious and not breathing when he was rescued several minutes later, he died in a hospital two days after the fire. An autopsy determined the cause to be mechanical asphyxiation.

Los Angeles Police Chief Charlie Beck said that the fire started as a result of gross negligence, the AP article reports. As far as he is aware, the case against Becker may be the only one in which alleged building defects resulted in an involuntary manslaughter charge."

Jacksonville is known for its large population and spread out city. The city of Jacksonville covers an area stemming from the downtown, over the intercoastal, and ends at the beaches. That is a lot of surface area and even more roads and motorways. Also, Jacksonville has a desire to always have road construction on all major motorways. These are all factors and more play into the large amount of car accidents and speeding tickets Jacksonville residents incur every year. Well, what some may not know is when a emergency vehicle is stopped on the side of the road, you are required to either change lanes or reduce speed to 20 mph below the posted speed limit.

This law is called the Florida "Move Over" law and has been enforced going on 10 years. Unfortunately, many drivers ignore this law and that has caused almost 200 officers to loose their lives when responding to an emergency situation. Furthermore, there were numerous other incidents resulting in injuries or property damage. Therefore, February, Law enforcement officers in Florida, Alabama, and Georgia will be cracking down on violators of the "Move Over" law. This law is not exclusive to Florida, but has been adopted in most states; excluding Hawaii and Washington D.C.

This month expect an increase in ticketing in Jacksonville and across the state. But, just because you receive a ticket does not automatically mean you are guilty. Maybe, you didn't see the officer in time to slow down or changing lanes was not available. These are just considerations a Jacksonville Criminal Defense Lawyer will consider after you have received a ticket. These tickets could impose fines, points on your license, and/ or an increase in insurance. If you have received a ticket in Florida and want to discuss you matter with a Jacksonville Criminal Defense Lawyer, contact us today!

The ABA Journal reported today that a Louisiana criminal judge asked several high-profile attorneys for pro bono service, because 21 public defenders were laid off. The Journal reported:

"A New Orleans judge has sent letters to 33 high-profile lawyers asking them to handle criminal cases for free after the public defender's office laid off 21 lawyers.

Judge Arthur Hunter said he would take action during a hearing last week, the New Orleans Times-Picayune reports. "This is not a constitutional crisis," Hunter said. "This is a constitutional emergency."

Chief Public Defender Derwyn Bunton told Hunter during the hearing that 543 defendants do not have lawyers because of his office's budget woes, the story says. His office stopped payments to contract lawyers on Jan. 16 and it's unclear if they will be paid for work after that date.

Hunter wants pro bono lawyers to represent 33 defendants who no longer have lawyers in his court, Fox8Live reports. Among those being asked to volunteer are a state senator, the president of the Metropolitan Crime Commission, a Loyola law school professor and the news analyst for Fox8."

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 not only have a negative impact on an individual's job, but also their social life, travel plans, and ability to acquire basic living necessities. This hindrance will only be compounded with Jacksonville's less than adequate public transportation system. So, the State has labeled me as a HTO, What can I do about it?

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: [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
2. 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 to discuss your case.

The city of Jacksonville and all of Duval, for that matter, have a large population contained within a relatively small area. This population density, amongst other factors, plays into the amount of crime that occurs across Jacksonville and Duval together. Through my previous posts on Defendant rights and defenses, I am confronted with the question, "Do I have a duty to retreat before using defensive force against my attacker?" As a Jacksonville Criminal Defense Lawyer, I see this situation arise frequently, one suspect will attack another and that person will shoot or kill the original attacker. But, what are the legal consequences of these actions?

First and foremost, I am not condoning the use of defensive force and any situation and should only be utilized in a situation where defensive force is unavoidable. With that being said, Under Florida Law, known as the Castle Doctrine, one does not have a duty to retreat to prevent injury or death or prevent a forcible felony. This form of Self-Defense is articulated under Florida Statute § 776.013, which reads:

A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

But, what does all this mean for a Jacksonville Criminal Defendant? It means every situation where defensive force has been used must be evaluated under this statute to determine if the force used was justified as self-defense. This is a matter best handled by a Jacksonville Criminal Defense Lawyer. So, if you have been in an altercation and potentially have Jacksonville Criminal Charges pending, contact a Jacksonville Criminal Defense Lawyer to review your case, make the proper determinations, and make sure your rights are being protected.

Crime can happen anywhere in Jacksonville and can happen to anyone, but just because you have been arrested for an alleged Jacksonville Criminal Offense does not mean you don't have rights. The right I want to bring to the attention of Jacksonville Residents today is one's rights under Miranda v. Arizona, 384 U.S. 436 (1966). These rights are more commonly referred to as your "Miranda Warnings."

Under your Miranda Warnings, upon arrest and taken into custody, the police must notify the criminal defendant of the following rights:

1. The right to remain silent


2. That said can and will be used against them


3. The right to an attorney


4. The right to a court appointed attorney, if they cannot afford one.

If police do not comply with Miranda warnings when arresting a person in Jacksonville, Florida, a * Jacksonville Criminal Defense Lawyer may be able to suppress (throw out) any statements made by the Jacksonville Criminal Defendant. However, there are exceptions to this rule, which can be found in other Supreme Court rulings, such as Florida v. Powell, 130 S.Ct. 1195 (2010). (Noting an exact recital of the Miranda warnings is not required, as long as the rights are understood).

In the Jacksonville news and else where there have been several shootings occurring around our state of Florida. These shootings have taken my mind to the question of "when is the justifiable use of deadly force permitted in Jacksonville?" So, as a Jacksonville Criminal Defense Lawyer, I have decided to notate some of the finer points of the use of deadly force. As a precursor, the use of deadly force should only be used when the situation requires, it the situation can be resolved peacefully; explore that option first.

With that being said, Florida Statute § 776.013 articulates the "justifiable use of force." The statute reads, "a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:"

1. The suspect was unlawfully and forcibly entering your home, business, or occupied vehicle OR the suspect was attempting to kidnap a person in said areas AND the one using force knew or had reason to know that said entry or kidnapping was occurring or had occurred.
2. This presumption does not apply if it's a parent or guardian of the person being removed, the person using defensive force is engaged in illegal activity, or it's a police officer entering the area.
3. Florida does not require a person to retreat and can meet force with force.

As previously mentioned, deadly force should only be used if the situation requires. However, if you or a loved one had a situation that resulted in the use of force, contact a Jacksonville Criminal Defense Lawyer to discuss your situation, make the proper analysis and resolutions, and make sure your rights are being protected throughout the legal process.

19 year old, Jasper Smiddie, of Lake Wales, Florida has been charged with the heinous murder of his grandmother. According to Police reports, the grandmother, 67 year old Gloria Helfrinch, was stabbed 93 times, hit with a wrench, and shot with a crossbow. The suspect was arrested the following morning and has subsequently been charged with first-degree murder.

As a Jacksonville Criminal Defense Lawyer I hear about different Murder cases all the time, but this one has stood out from the rest. According to investigating authorities, the boy originally planned on killing his uncle, but instead decided to kill his grandmother to make his uncle "suffer." However, this case proceeds further, after killing his grandmother in her room in the house they share; his uncle came over for dinner and a movie, completely unaware of what had occurred just a few feet away. It was not until the next morning when the boy left that he called his father and notified him of what he had done.

In Florida Murder is defined within Florida Statute § 782.04 as, the unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or any human being. In this case, the offense would constitute a first-degree felony and could be facing the death penalty or life in prison. However, there may be some mitigating circumstances that could potentially reduce his sentence, if convicted. Does this boy suffer from any mental deficiencies that would hinder his ability to reason? Were there any other mitigating factors that may negate liability? Was a confession given? If so, were proper procedures taken? These are just a few avenues a Jacksonville Defense Lawyer would consider.

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. 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.

A Missouri, Alyssa Bustamante, 18, teenager confessed to killing a 9-year-old girl, because "she wanted to know how it felt to kill someone." She pled guilty in January to second-degree murder and armed criminal action for the 2009 murder. Today, she was sentenced to life in prison with the possibility of parole and "a consecutive 30-year term in the armed criminal action charge."

At the hearing, Prosecutors cited her journal entries where Bustamante described the exhilaration of killing Elizabeth:

"I strangled them and slit their throat and stabbed them now they're dead Bustamante wrote in her diary, which was read in court by a handwriting expert. "I don't know how to feel atm. It was ahmazing. As soon as you get over the 'ohmygawd I can't do this' feeling, it's pretty enjoyable. I'm kinda nervous and shaky though right now. Kay, I gotta go to church now...lol."

(yahoo.news)

The Jacksonville Sheriff's Office (JSO) released an alert for Monique Hibbert wanted for alleged Armed Robbery back on January 20, 2012. Well, JSO has located their suspect, booked her, and charged her with Armed Robbery on February 2, 2012. JSO located the suspect when she was pulled over along with four others after allegedly shoplifting from a local department store.

The alleged incident occurred on January 9, 2012 when a woman matching Monique's description entered Amy's Beauty Supply brandishing a knife and stole 8 packages of hair weave. She left the store and a warrant was issued for her arrest.

Armed Robbery, in this case, would constitute a first-degree felony. A first-degree felony is punishable by up to life imprisonment and/or $10,000 in fines. This is a harsh penalty for such a low reward; 8 packages of hair weave. Under Florida Statute § 812.13, Robbery is defined as the taking of money or other property with the intent to permanently or temporarily deprive the owner of their interest in the property. However, just because JSO arrests and charges a Jacksonville resident with a Jacksonville Criminal Offense, does not mean a conviction will follow. Witness identification is barely reliable and largely incorrect. Surveillance footage can be grainy and distorted. Furthermore, if the police do not have adequate evidence to prove their case "beyond a reasonable doubt" a conviction cannot stand.

These are just some of the avenues a Jacksonville Criminal Defense Lawyer will consider when representing you. You have to make sure your rights are being protected at every step of the legal process. So, contact a Jacksonville Criminal Defense Lawyer to review your case, determine proper defenses and justifications, and work towards the best possible outcome in your Jacksonville Criminal Offense Case.

Florida Police are investigating the death of Chico Randolph at a local nightclub after a fight broke out following the Super Bowl. The incident occurred at Legacy Ultra Lounge in Orlando around 2 AM Monday morning. Florida Police are still investigating the incident and are actively seeking 4 dark-skinned men and 1 dark-skinned woman all of which may have heavy West Indian accents for their connection with the shooting of Randolph.

According to Florida Police reports, there were approximately 100 people inside the establishment when the first fight broke out at 1:30 AM. Police believe the cause of the altercation started after smoke was blown into another's face. The fight was broken up and escalated again around 2 AM when the victim was shot. Tragically, he was not only shot twice, his body was also trampled over as people fled the establishment.

Since the suspects are still in the wind, no formal charges have been filed. However, from the information provided from this article, there potentially could be a good case for Homicide or Murder. In Florida, Murder is defined under F.S.A. § 782.04 as the unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.

Applying the facts known to the law this crime potentially constitutes Murder in the Second degree. Murder in the Second degree is a first-degree felony punishable by either life imprisonment, 30 years in prison, and/or $10,000 in fines. However, this is just based on one side of the story. If there were mitigating factors for instance self-defense, the charges could be lessened or not brought at all.

This incident is just in the beginning phases and as more information comes to light so will the proper charges to be filed against these individuals. However, the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable in situations similar to this or whenever facing a Jacksonville Criminal Charge. The Jacksonville Criminal Defense Lawyer can evaluate your case, discuss possible defenses and justification, and work with you to achieve the best possible outcome. So, if you or a loved one are facing a Jacksonville Criminal Charge, contact a Jacksonville Criminal Defense Lawyer to discuss you case and to make sure your rights are being protected.

The 2nd DCA recently heard the case of Jose Ferrer v. State of Florida over the issue of whether the Defendant's consent to enter the gate of his property and to talk about criminal activity permitted the Officers to walk behind the house, up the stairs, and therefore smelling marijuana. The Court ruled the search was not withing the confines of the 4th and 14th amendments and therefore reversed the Defendant's conviction.

The Court based its conclusions upon the premise that searches conducted without a warrant are per se unreasonable unless conducted within a recognized exception. The Court went further and stated Consent is one such exception to the warrant requirement. However, the Court noted when a Consent search is conducted the scope of such search must remain within the confines of the consent given. The scope is based upon an objective reasonableness standard; what would a typical person understand the scope to be when giving permission to the Officers. In this case, the Officers approached the Defendant who was located behind the locked and electrified gate at his house. The Officers proceeded to ask permission to talk with him on the other side of the gate. The Defendant complied. However, when inside two officers proceeded behind the house and smelled the aroma of marijuana.

The Court concluded the Officers actions taken after permission given to enter and talk were unreasonable. Furthermore, the Court concluded a typical person's consent to enter and talk would not authorize Officer's to roam about the property without a warrant. Therefore, the Defendant's conviction was reversed.

This case demonstrates the necessity and advantage a Defense Lawyer can have on a person's Criminal Prosecution. The result could have been much different without the quick thinking and understanding of the law the Defense Lawyer possessed. That is why if you have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case, determine possible defense and justifications, and come to the best possible outcome in your case.

As a Jacksonville resident and Hockey fan, I have seen many a Zamboni driver resurface the ice at a rink. But, this is a first for me. A local Zamboni driver in Minnesota was recently arrested on the suspicion of driving under the influence (DUI). Although located outside of the state of Florida the DUI laws are similar in many aspects.

According to the reports, the hockey coach of a local PeeWee team notified the police of the erratic behavior. The notification to the police was made after parents, players, and spectators witnessed the Zamboni driver weaving, running into the rink, and taking extended amount of time to resurface the ice. When the police arrived, they conducted a Field Sobriety test; which the Zamboni driver failed.

Florida's DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages...[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. This is a peculiar case, as in the motor vehicle is a Zamboni, occurred in an enclosed area, and on ice. However, the statute just requires a "motorized vehicle" and driving or physical control.

But what does all this mean for Jacksonville Motorist? It means a DUI charge can come in many forms, not just driving down the road after having too much to drink. However, a charge of Jacksonville DUI does not necessarily mean a conviction. The State still has to prove their case beyond a reasonable doubt. Furthermore, a Jacksonville Criminal Defense Lawyer can evaluate your case and determine if there are any mitigating factors or justifications for the alleged DUI. For instance, in this case, they report the smell of Red Bull and slurred speech. Red Bull is non-alcoholic and maybe he slurred his words because he was tired or sick and took the Red Bull to be more alert.

These are just a few initial impressions as to the allegations against the Zamboni driver. However, a more specific and personal consultation with the Defendant would be required for a more in depth and critical analysis of his case. So, if you have a pending Jacksonville DUI, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best approach in moving forward.

Recently Jacksonville Sheriff's Office, JSO, has reported 2 incidents of armed Robbery in two different Jacksonville neighborhoods. JSO also believe the same two suspects could be accountable for both Robberies. These Robberies took place Tuesday night and JSO are still looking for the suspects.

The first Robbery occurred in an apartment complex off Baymeadows Rd. At this incident the suspects demanded the victim's money, purse, and vehicle. Luckily the victim was not hurt and the suspects ultimately did not take the vehicle. There were, however, able to get away with $350 in cash. The suspects fled in a small silver sedan. Unfortunately, the suspect's criminal exploits did not end there. JSO believe the same suspects robbed another woman off Lem Turner Road only 90 minutes later. This time the suspects were able to apprehend the victim's vehicle.

Robbery is a serious criminal charge and the penalty is only increased when a deadly weapon is used. Robbery is defined under Florida Statute § 812.13 as the taking and carrying away the property of another with the intent to permanently deprive the owner of the property. Given the facts of this incident, the suspects could face a first-degree Felony charge. Which is punishable by up to 30 years in prison and/or $10,000 in fines.

A Jacksonville Robbery charge is not something to be taken lightly. The criminal justice system can be harsh to unrepresented Defendant. That is why if you or a loved one have been charged with a Jacksonville Robbery Charge or any type of Criminal Offence, contact a Jacksonville Criminal Defense Lawyer to discuss your case, determine possible defenses, and make the proper choice in moving forward.

A Jacksonville Criminal Defense Lawyer has seen many defendants charged with Battery, but they 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. Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, a year of probation, and/or up to $1,000.00 in fines.

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 to touch, there cannot be a 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.