Jacksonville Criminal Defense Lawyer Blog

In Jacksonville, Florida, a police officer must have probable cause to arrest a person. However, police can conduct a consensual encounter with an individual without probable cause. Therefore, it is very important to review any kind of police contact to determine if it is a consensual encounter or illegal police detention.

For example, the Florida Supreme Court visited this issue on July 8, 2010. In

Caldwell v. Florida, an officer accused Mr. Caldwell of Florida Burglary. The officer read him his Miranda rights, after which Caldwell asked if he was under arrest. The officer stated that he was not under arrest but the officer needed to ask him some questions. The officer asked Caldwell to ride with him to view the surveillance tape where the burglary took place, and Caldwell agreed. The officer frisked Mr. Cadwell, prior to him entering the car. After arriving at the site of the burglary, but before he saw the tape, Caldwell confessed to the officer.

The Supreme Court of Florida held that Miranda warnings do not result in a seizure as a matter of law. Instead, when it comes to a 4th Amendment seizure analysis, a Miranda warning should be analyzed through the totality of the circumstances and not be the dispositive factor in that analysis.

The Court set forth the following four-factors to determine whether a reasonable person would consider himself to be in custody under the totality of the circumstances:

1. The manner in which the police summon the suspect for questioning;
2. The purpose, place, and manner of the interrogation;
3. The extent that the suspect is confronted with evidence of guilt; and
4. Whether the suspect is informed that he is free to leave.

If you have been arrest in Jacksonville, Florida, contact a Jacksonville Criminal Defense Lawyer at (904) 685-1200, extension 103.  Your arrest may have been based on a violation of your 4th Amendment rights.  

When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham's case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham's case, visit The Florida Times-Union.

As a Jacksonville Criminal Defense Attorney, I get asked, "how can you defend someone when you know he is guilty?"  My answer is, "you must have never committed a crime in your life."  We have all committed a crime at some point, no matter how minor.  Justice is served when the punishment fits the crime.  However, in some cases, a person is charged with a crime that he did not commit.  For example, imagine that a Jacksonville criminal defendant breaks into a car.  In this case, he should be charged with one count of burglary to a structure or conveyance as defined in Florida Statute Section 810.02.  He should not be charged with every other automobile burglary that occurred in that neighborhood.  In some cases, the prosecutor will charge the burglary criminal defendant with the other automobile burglaries, although the evidence does not support it.  This is unfair and a waste of the State of Florida's money.  

Three St. John's County teenage girls were arrested for auto burglary.  They are accused of breaking into cars in St. Augustine, Florida.  In Florida, burglary to an automobile occurs when a person enters the motor vehicle with the intent to commit an offense inside of it.  Many people believe that in order for a person to commit car burglary, you must "break" into the car.  However, this is not the case.  In Jacksonville and the surrounding areas, you only need to enter the car with criminal intent. Therefore, if the St. Augustine girls merely opened the car doors and took spare change, they committed burglary.  To learn more about Jacksonville Burglary, visit www.jacksonvillelawyer.pro or contact a Jacksonville Burglary Attorney.

Ponte Vedra Beach, Florida was recently hit with a string of burglaries.  The are two possible suspects in the Ponte Vedra Burglaries.  According to recent reports, two men were caught on video using a credit card that was stolen during the burglaries at a Jacksonville Wal-Mart.  

Recently, there has been an increase in burglaries in Ponte Vedra Beach.  St. John's County police officers have been responding to calls from Ponte Vedra residents complaining that their homes were burglarized and their property has been stolen.  St. John's County police are investigating these cases, and they do have a lead.  St. John's County police have video surveillance of two men buying a television with a credit card that was stolen from a burglarized Ponte Vedra home.  

A Jacksonville Florida consulting firm, CH 2 M Hill Firm was burglarized and many brand-new computers were stolen.  CH 2 M Hill Firm purchased these computers to give to children in need.  Although no one has been charged with this Jacksonville Florida burglary, this is a burglary to structure or conveyance under Florida Law.  In Jacksonville, Florida, Burglary to a Structure or Conveyance is a third degree felony.  As a Burglary in the third degree, it is punishable by up to five years in the Florida State Prison.