Jacksonville Criminal Defense Lawyer Blog

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.

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.

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.

Recently, a 19 year old St. Augustine Beach resident, Chase Cameron, has been arrested and charged with Stealing a motor vehicle and burglary after a morning full of mischief. According to police reports the suspect stole the Porsche early Sunday morning and sometime after decided to burglarize a local Christmas Tree lot.

Mr. Cameron stole a 1998 yellow Porsche Boxster and was caught at a local fast food restaurant after someone called the police because he was acting "nervous and irritated." However, much to the police's surprise, inside the vehicle was evidence of another crime, burglary. Located inside the vehicle were tools, the cash register, the credit card machine, and candy canes, all belonging to a local Christmas Tree lot.

The suspect, Mr. Cameron is currently being held in St. Johns County jail on a $18,000 bond.

Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

In St. Johns County, Florida, three juveniles were arrested for burglary to a house in Fruit Cove, Florida. Jordan Michael Golden (16) and Cameron Matthew Straughn (15) were arrested for armed burglary to a dwelling, dealing in stolen property and grand theft. Another juvenile criminal defendant, Gavin Michael Loftus has been charged with Florida dealing in stolen property and obstruction by giving false information to a law enforcement officer in St. Johns County, Florida. (See Three Fruit Cove Teens Arrested in Connection with Burglary in the First Coast News for entire article and pictures).

The charges are all felonies and extremely serious crimes. No only are these Fruit Cove Juveniles looking at possible incarceration, but they charges could haunt them in the future. With a future ahead of them, it is important that they make the right decisions in their cases. They should certainly have separate representation due to the potential conflict of interest with these St. Johns County juvenile defendants. When co-defendants are arrested, they often turn against one another. It is important that each Clay County criminal defendant has his own Clay County Criminal Lawyer, so an attorney is looking out for the individual's best interest.

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), a uniformed officer questioned a 12-year-old boy at school about a string of local burglaries. The officer told the boy he was free to leave, but also told him that a court could order juvenile detention. The school's assistant principal told the boy to "do the right thing." Eventually, he confessed to the burglaries. At trial, the boy's lawyer argued that the confession was essentially coerced due to the boy's age and the circumstances surrounding the questioning. The state courts in Florida held that the boy was not in detention, because he was free to leave. Therefore, Miranda warnings were not required.

However, the Supreme Court ruled that the child's age is relevant. As Justice Sonia Sotomayor pointed out, children are required by law to go to school and are often subject to discipline for disobedience. Students are therefore much more likely to believe that they are obligated to answer police questions. Therefore, Miranda warnings are required in order to inform students that they do not have to answer police questions and can contact an attorney.

If you or your child has been subject to police questioning, you should contact a Jacksonville Defense Attorney to discuss the case.

On May 26, 2011, the Florida Supreme Court reversed the Florida Third District Court of Appeals and the trial court for a forcible felony kidnapping conviction. In this Florida kidnapping case, Delgado stood trial for burglary of an occupied conveyance, grand theft of an automobile, and kidnapping. After the jury convicted him of all three crimes, "he received a thirty-year sentence for the burglary of an occupied conveyance, a ten-year sentence for the auto theft, and a life sentence for the kidnapping." Delgado v. Florida, 36 Fla. L. Weekly S220c (2011).

In this case, Delgado was accused of stealing a vehicle in which a two-year-old child was asleep in the backseat. Because the child was in the back seat of the vehicle, he was convicted of the burglary to an occupied conveyance (a motor vehicle is a conveyance and the child occupied it). The issue in this Florida kidnapping case is whether the evidence supported a conviction for kidnapping which resulted in a life sentence. Since the State Attorney did not "produce sufficient evidence demonstrating Delgado's awareness of the victim before or during his execution of the underlying felony, critical statutory requirements for the kidnapping offense were not satisfied." Therefore, his conviction was unsupported and could not stand.

If you are accused of kidnapping in St. Johns, Clay, or Duval County Florida, contact a Jacksonville Kidnapping Lawyer to discuss your criminal case.

On Thanksgiving morning, Jacksonville resident, Kyle Davis, witnessed a burglary occurring at his next door neighbor's house. He confronted the burglar and discovered that the burglar was armed with a gun. Burglary to a Dwelling that is in unoccupied is a second degree felony in Jacksonville, Florida. Under the Florida sentencing guidelines, this crime will usually carry a minimum guideline of 21 months in Florida State Prison or higher. Due to the fact that the burglar was armed with a gun, this offense will carry a minimum mandatory sentence of 10 years in prison.

If you have been charged with burglary, contact a Jacksonville Burglary Attorney.

To read more about this story, visit News4Jax.

As a Jacksonville Child Custody Lawyer, we often have clients in Jacksonville who need help financing the costs of Florida child custody issues. The Orlando Sentinel reported that a father stole air conditioners to fund a Florida child custody battle. A Florida father is in jail after allegedly stealing from neighborhood homes in order to raise money to get custody of his daughter. It may be possible to discuss financing arrangements or borrow money from friends or family so that you can protect your children. It is important to discuss your facts and options with a Jacksonville Child Custody Lawyer.

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.