Recently in Burglary Category

May 29, 2009

Crime and Punishment: Defendants Should Not Be Overcharged

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.  

A Texas Attorney, Walter D. James III, wrote an interesting article addressing this topic titled, "A Wake Up Call For the USDOJ."  His article address this problem at the federal level.  
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January 10, 2009

St. John's County Girls Arrested for Auto Burglary

1094300_3_friends_2.jpgThree 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.
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December 9, 2008

Two Possible Suspects in the Ponte Vedra Burglaries

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.  

At first glance, it would appear that these two men committed the Ponte Vedra burglaries.  However, that may not be the case.  St. John's County police officers found a television and laptop near of one Ponte Vedra Beach home, and they obtained fingerprints from the television. The prints may not belong to the two men.  If the Ponte Vedra burglars left a television and a laptop after the burglary, it is possible that they left the credit cards as well.  The two men may have found the credit card or another person may have given it to them. While they should not have used the card, they are not necessarily guilty of burglary in Ponte Vedra.  

As a Jacksonville Burglary Attorney, the first thing that I would look at is the time between the Ponte Vedra burglary and the Jacksonville Wal-Mart purchase.  The longer the time period, the more likely it is that the two men received the card at a later time and did not obtain it by burglary.  
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December 9, 2008

String of Burglaries in Ponte Vedra Florida

crowbar.jpgRecently, 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.  

In Jacksonville and the surrounding areas (such as Ponte Vedra), burglary happens often.  In many Jacksonville burglary cases, the culprit is not apprehended.  It is difficult for police to solve a Jacksonville area burglary without any kind of "lead" in the case.  In my experience as a Jacksonville Burglary Lawyer, police usually get a lead for a Jacksonville burglary from events that occur after the burglary.  In the Ponte Vedra burglaries, police will investigate the men that used the credit cards, and those men may be charged with burglary in Ponte Vedra.  

As a Jacksonville Burglary Attorney, I have seen many criminal defendants charged with burglary and dealing in stolen property at the same time.  For example, Jacksonville police officers will find stolen items from a Jacksonville burglary at pawnshops and find out who pawned the items. They arrest the suspect and charge him with burglary and dealing in stolen property in Jacksonville, Florida.  The good news is they found the Jacksonville burglary victim's property.  The bad news is, without any other proof, Jacksonville police may have arrested the wrong man.  

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November 20, 2008

Jacksonville Firm Burglarized: Children's Computers Stolen

608418_monitor_and_keyboard.jpgA 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.  

Although there was no sign of forced entry into the Jacksonville CH 2 Firm, it is a still burglary.  According to Florida Burglary Laws, all that is need to commit a burglary is to enter the premises in some form.  The burglar of the CH 2 Firm must have entered the Jacksonville Firm in order to steal the computers.  Therefore, it is still a burglary even without forced entry.  

To learn more about the crime of Burglary in Jacksonville Florida.  Contact a Jacksonville Florida Burglary Attorney.  

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