Jacksonville Criminal Defense Lawyer Blog

Recently, the United States Supreme Court reversed the Jacksonville Juvenile Criminal Case of Graham v. Florida. The Court reversed the case ruling that the Jacksonville Juvenile Court violated the 8th Amendment of the United States Constitution when it sentenced a juvenile to life in prison without the possibility of parole in a non-homide case.

California has taken the reasoning of Graham v. Florida a step further. The state enacted Senate Bill 399 which allows all juveniles to be eligible for parole, even those convicted of murder. Support for this Bill is based upon extensive research that supports the premise that children and teenagers differ from adults in their abilities to reason and control impulses. Additionally, they have a greater potential to be rehabilitated and reformed.

If Florida were to enact a similar law, it could effect many incarcerated juveniles currently serving life sentences without the possibility of parole in Florida State Prison. For example, Joshua Phillips is serving a life sentence without parole. His Jacksonville Juvenile Case is going through the appellate process at this time. If a law prohibiting such a sentence is enacted, his sentence could be reversed on appeal.  

Criminal Lawyers in Jacksonville should tune into E! Television Network to watch "E! Original Countdowns: Too Young to Kill: 15 Shocking Crimes" which premiers tonight at 9:00 P.M. and will run through out the week.  As indicated by the title, the show will cover fifteen juvenile criminal cases from across the nation. The murder of Maddie Clifton should be of particular interest to Criminal Lawyers in Jacksonville since it was one of the most highly publicized murders in Jacksonville's history. Joshua Phillips, the defendant in this case, is a Jacksonville resident and is currently serving a life sentence in Florida State Prison after his conviction for the first-degree murder of Maddie Clifton.

I had the opportunity to speak with Joshua Phillips' mother. She informed me that his case is still moving through the Florida appellate courts. She advised me that several mistakes were made at the trial level of this case. As such, it is important for Jacksonville Criminal Lawyers to follow this case, so we can learn from the mistakes of other Jacksonville criminal defense attorneys. Additionally, the Joshua Phillips/Maddie Clifton Jacksonville Murder Case deals with the sentencing of juveniles to life without parole, which is an important issue in Jacksonville, Florida.

Jacksonville Criminal Defense Attorneys dedicate their careers to helping criminal defendants acheive favorable outcomes in criminal cases. However, we cannot win every case. In some cases, a Jacksonville Criminal Defendant will be sentenced to serve time in jail or prison. Not only is this disappointing to the Jacksonville Criminal Defense Attorney that fought to keep the client out of jail, but it devastates the client's family.

Imagine that a husband and father of four is sentenced to 13 months in Florida State Prison. He is the sole provider for the family. His wife only has a high school education and has spent the past 10 years raising his children. She has three children in school and one toddler at home. Now, that her husband is gone. She must go back to work. She must pay for daycare and try to pay the bills on her own. She tries to find a job, but due to her lack of further education and experience, she cannot find a job that will cover her mortgage payment. Thus, her home becomes the subject to a foreclosure action. Now, she and her four children are going to be homeless.

As a Jacksonville Criminal Defense Attorney, I have learned that representation of a criminal defendant does not always stop when the criminal case closes. Often, the Jacksonville criminal defendant's family needs representation for a foreclosure case or drafting of estate planning documents or a durable power of attorney. Thus, Jacksonville Criminal Defense Attorneys should be familiar with other areas of practice or be prepared to refer the case to an attorney that practices in those fields.

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.

The Nassau County Sheriff's Department led to several arrest last weekend in Yulee, Florida, a small town outside of Jacksonville. According to the Jacksonville News, the 'Girls Gone Wild' film crew went to The Mill Night Club where "men were allegedly encouraging women to show their breasts so they could be filmed."  Several people were arrested for violating a

Nassau County City Ordinance which prohibits exposing one's self in public and operating a sexually oriented business.  If a person violates this Nassau County Florida law, he or she will be charged with a second degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine.  

At Apple Law Firm PLLC, we represent people in Jacksonville and the surrounding areas for charges ranging from indecent exposure and violating the adult entertainment code to Florida sexual battery.  Regardless of the type of Jacksonville sexual offense that you are charged with, it is important to discuss your case with a Jacksonville Sex Crimes Attorney.  

When a criminal defendant is charged with a felony in Jacksonville, he will be subject to the Florida Sentencing Guidelines.  For most minor felonies, a person will not score a minimum sentence pursuant to Florida's Sentencing Guidelines.  Therefore, he may be able to avoid a prison sentence.  However, there are certain felony offenses that carry enough points to result in a minimum prison sentence, and a defendant's prior criminal record will have an effect on his sentence.  

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.  

Under Florida Statute Section 775.08435, a judge can withhold adjudication on a felony unless the Jacksonville criminal defendant falls into one of the following categories:

Jacksonville 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.  

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.  

Last Wednesday, a federal jury convicted Lori Drew on misdemeanor charges of accessing computers without authorization on three different occasions.  Drew is a 49-year-old woman that courted a 13-year-old girl by pretending to be a teenage boy on myspace.com.  The 13-year-old girl committed suicide after receiving a hurtful message from Drew.  Drew may face up to 3 years in federal prison if her sentences are to run consecutively.