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January 8, 2010

Florida Judge is Reversed for Violating Florida Criminal Defendant's Right to a Fair Trial

The Sixth Amendment of the United States Constitution guarantees the right to a fair and impartial trial. The Sixth Amendment is made applicable to the States, including Florida, via the Fourteenth Amendment.  Pursuant to Rule 3.600(b)(8) of the Florida Rules of Criminal Procedure, a Florida Criminal Defendant shall be granted a new trial if:

  1. he did not receive a fair and impartial trial;
  2. this was not due to the defendant's own actions; and
  3. the defendant's substantial rights were prejudiced.  
The Florida Second District Court of Appeals filed an opinion on January 6, 2010 addressing the issue of whether a Florida trial court judge "departed from its required position of neutrality thereby denying [the defendant] his right to a fair trial."  In Seago v. State, this Florida appellate court ruled that the trial judge was not neutral an impartial and departed from his role.  Instead, the judge acted as second prosecutor when he began questioning a witness about her failure to remember events associated with this Florida armed robbery trial.  The judges "improper conduct suggested to the witness that her testimony should be identical to that of a pretrial deposition, in which she named Mr. Seago as the offender."  Thus, Mr. Seago's substantial rights were prejudice, as he was identified.  Due to the Florida judges actions, the Florida Second District Court of Appeals granted Mr. Seago a new trial.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Armed Robbery , Evidence

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December 23, 2009

Jacksonville Home Invasion Armed Robbery Investigation Leads to Two Arrests

On Saturday night, December 19, 2009, Jacksonville police officers found Jacksonville resident, Corey Formey, dead in his home near 103rd Street. Two suspects have been arrested in connection with this case. Jerry Drake was arrested for the murder, while Valorie Grant is being charged as an accessory after the fact. Both defendants lived in Chase Ridge Apartments, the same apartment complex as Mr. Formey.

Police believe that the Mr. Drake committed the Jacksonville home invasion armed robbery in order to obtain drugs and money. According to Jacksonville media reports, Mr. Formey was a drug dealer. His apartment was found in disarray, so it is likely that a struggle may have occurred, or the culprit searched the home for drugs and money.

Mr. Drake will be charged with first degree murder in Jacksonville, Florida, because the murder was committed while engaged in a robbery. According to Florida Statute Section 782.04, this is a capital felony punishable by death or life in prison. If Mr. Drake used of a firearm, he will be subject to Florida's 10-20-Life Statute, resulting in a minimum mandatory sentence of life in prison. Since Ms. Grant is charged an accessory after the fact for first-degree murder, she will be charged with a first-degree felony, pursuant to Florida Statute Section 777.03. She can receive up to thirty years in Florida State Prison.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: 10-20-Life , Armed Robbery , Crimes and Penalties , Murder

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November 12, 2009

United States Supreme Court to Rule on Jacksonville Juvenile Case

658255_u_s__supreme_court_washington_dc.jpgOn November 9, 2009, the United States Supreme Court heard oral arguments in two Florida cases that challenged sentencing a juvenile offender to a life sentence without the possibility of parole in non-homicide cases. One case involved a Jacksonville Juvenile Defendant, Jamar Graham. At age 16, Graham committed an armed burglary. He received a sentence that included probation. At age 17, Graham committed a home invasion armed robbery and violated his probation. Thereafter, he was sentenced to life without parole. Graham is now 22-years-old.

In the narrow 2005 opinion of Roper v. Simmons, the U.S. Supreme Court ruled, 5 to 4, that juveniles could not receive the death penalty as it violated the 8th Amendment's prohibition against cruel and unusual punishment. The 8th Amendment of the United States Constitution is applied to the States, including Florida, through the 14th Amendment. Thus, Graham's attorney prefaced his argument on this position.

The Court's decision will likely result in another narrow opinion. While some justices were clearly divided. Others seemed to waiver as to what decision they will make. For instance, Justice Samuel Alito eluded that there are crimes that are so horrific that they may deserve life in prison without parole, especially when committed by an individual that is close to 18-years-old. Justice Scalia indicated that, while rehabilitation is a goal in juvenile cases, punishment and retribution should also be considered. On the other hand, Justice Sotomayor made a good point when she noted that the maximum sentence that an adult can face for crimes which are not homicides is life without parole. Why should a juvenile be treated the same way, since it has already been established that they have not fully developed yet?  Justice Kennedy was not clear as to the position that he would take in the case. While he believes that juveniles should be properly punished for heinous crimes, he does not see how taking away the possibility of parole will create an additional deterrent.

This case has attracted the Jacksonville local media and has captured media headlines nationwide.  It is an important case for several reasons.  Locally, if the Court rules that this Jacksonville Juvenile sentence of life without parole is cruel and unusual, this Jacksonville Juvenile case will be remanded to the lower court for sentencing in accord with such ruling. As for the national attention, this U.S. Supreme Court decision may have a domino effect. There are over 100 people in the United States serving life sentences for crimes which were not homicides. If the Court rules that these sentences do violate the 8th amendment, all of those sentences could be overturned.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Armed Robbery , Juvenile

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December 8, 2008

Two More Juveniles Arrested For Jacksonville Attempted Armed Robbery

volvo_in_a_garge.jpgJacksonville teen, Daniel Sanchez, was not the only person arrested in connection with the attempted armed robbery of Jacksonville Assistant Police Chief, Carson Tranquille.  Two other Jacksonville teens, Ishmael Mercer and Michael Media were also arrested.  According to detectives investigating the Jacksonville attempted armed robbery, Sanchez confessed that he and the two other boys committed the crime.  He stated that he and one of his co-defendants were armed with guns.  

In Jacksonville, Florida, if a person is in actual possession of a firearm when committing a crime, the 10-20-Life statute applies.  In this Jacksonville attempted armed robbery case, the minimum sentence that Sanchez and the other armed co-defendant will receive is 10 years in prison.  Additionally, a defendant that falls under the 10-20-Life statute is ineligible for gain-time and must complete the entire ten years without early release.  Florida's 10-20-Life law does not apply to the co-defendant that was not in actual possession of a firearm.  

For more information on Jacksonville Armed Robbery and Florida's 10-20-Life Statute, read about OJ Simpson's Sentencing and a San Marco Robbery.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: 10-20-Life , Armed Robbery , Crimes and Penalties , Juvenile

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December 5, 2008

OJ Simpson Sentenced in Armed Robbery Case

OJ Simpson was sentenced today on several counts of armed robbery, among other charges.  Due to a combination of consecutive and concurrent sentences, he may serve as much as 33 years in prison.  However, after nine years, he may be released on parole.  

Armed Robbery is a serious charge.  As shown in the OJ case, it can result in an extensive amount of prison time.  For instance, in Jacksonville, Florida, armed robbery with a firearm is a first-degree felony.  Usually, a first-degree felony is punishable by up to 30 years in Florida State Prison.  However, Florida law makes an exception for armed robbery.  In Jacksonville, Florida, it is punishable by life in prison.  

Additionally, Florida's 10-20-Life law statute applies to Jacksonville Armed Robbery with a Firearm.  Under Florida's 10-20-Life statute, if a defendant is in actual possession of a fire-arm during the commission of an armed robbery, he has a minimum mandatory sentence of ten years.  Thus, in Jacksonville, Florida, he will be sentenced any where from ten years to life in prison for armed robbery with a firearm.  

To learn more about Armed Robbery in Jacksonville Florida, contact a Jacksonville Robbery Attorney.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: 10-20-Life , Armed Robbery , Crimes and Penalties

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November 11, 2008

San Marco Doctor Robbed In Jacksonville Florida

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On Sunday morning, two masked men robbed a doctor at gunpoint in Jacksonville, Florida.  They forced their way into the doctor's house seeking Oxycontin.  However, the doctor did not have this medication, but they did steal $150 in cash.  

Clearly, the men that committed will be subject to home-invasion, armed robbery charges in Jacksonville, Florida, but it does not end there.  Florida enacted a law known as "10, 20, Life."  This law creates a minimum mandatory sentence for criminal defendants that use a firearm in the commission of a crime.  For example, the men that committed the robbery were in actual possession of a gun.  As such, these criminal defendants will be subject to a minimum mandatory sentence of 10 years in the Florida State Prison.  

A criminal defendant that is charged with any crime that involves a firearm should hire a Jacksonville Florida Gun Crime Attorney to protect the criminal defendant's interests.  The "10, 20, Life" Florida law is complicated.  A Jacksonville Florida Criminal Defense Lawyer that understands the penalties associated with a gun crime will be able to represent the criminal defendant to the fullest.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: 10-20-Life , Armed Robbery , Crimes and Penalties , Gun Crimes

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