Jacksonville Criminal Defense Lawyer Blog

John Travolta, famous movie star and Florida resident, recently got the news that his 1970 Mercedes 280 SL will not be returned after Police made two arrests in connection with the grand theft. According to the reports, the two men have "chopped" the car and sold the parts. Travolta's Mercedes was worth approximately $100,000.

The theft occurred last September when Travolta parked it near a Jaguar dealership in Los Angeles. The two men were subsequently arrested in December, but police have just release the news of the car's "chopped" status. One of the men, D.L. Rayford Jr., pleaded no contest to grand theft and was sentenced to 16 months in prison. The other man, Michael Green, was already on probation for other theft crime when arrested for this incident. Although this crime took place in California, grand theft is also common in Jacksonville. Florida Statutes § 812.014defines Grand Theft and penalties therein. In applying these facts to Florida law and under this statute this crime would be grand theft in the first-degree, a first-degree felony. The penalties range up to 30 years in prison and up to $10,000 in fines.

Grand Theft is a serious felony and has harsh penalties if convicted. Furthermore, taking on the legal system is not an easy task; especially if your unrepresented in Court. This is where the advice and counsel of a Jacksonville Criminal Defense Lawyer may prove invaluable. The Jacksonville Criminal Defense Lawyer can review your case, determine which defenses and justifications may apply, and make the proper determination as to the best approach in moving forward. So, if you have been charged with Grand Theft or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

The trial for Colavito Bell began yesterday in Duval County Court. According to opening statements by the Assistant State Attorney which claimed Bell shot Christopher Oney, the victim, because he was jealous that he was getting more work than himself. The Defense Attorney, in contrast, stated Lyn Ragan, fiancé of the victim, was responsible for the distribution of the workload and that she would have lost her job if the relationship or favoritism were discovered. The trial continues today.

So what could Bell, the Jacksonville Criminal Defendant, be facing? Potentially, he could be convicted of first-degree murder. Unless the State fails to prove its case beyond a reasonable doubt or the Defense Attorney establishes mitigating circumstances. In addition, if the facts prove insufficient a conviction cannot be upheld. Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04).

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

A Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip's behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

A recent report of a home in Jacksonville being damaged by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. The cause of the fire is still being investigated. But leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads "any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling...any structure...any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being." If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

A Jacksonville Arson charge is a serious criminal offense with serious penalties. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. If you are facing a Jacksonville Arson charge or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

A few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered "sex for $25." The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a "victimless" crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

Last week St. Johns County Sheriff's Office responded to a hit and run accident that resulted in one man being sent to Flagler Hospital for life-threatening injuries. The accident occurred early Friday morning on Old Moultrie Road. According to the Sheriff's Office the victim was traveling southbound on his scooter when an unidentified Ford vehicle stuck the victim from behind and then proceeded to flee the scene. Police are currently looking for a Ford vehicle with front-end damage and encourage people to call in if they have any information regarding this Florida Hit and Run.

In Florida, leaving the scene of an accident that results in injury or death is a third degree felony. If convicted, a person could face up to 5 years in prison and/or up to $5,000.00 fine. This is a serious criminal offence and the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Florida Statute § 316.027 defines the law and reads, "the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash...and must remain at the scene of the crash and to answer questions and render aid as set forth in F.S.A. § 316.062."

But, what does all this mean for a Jacksonville motorist? It means if you have caused an accident, injuries or not, you are required to remain at the scene or face additional criminal charges and penalties. Additionally, according to a Jacksonville Personal Injury Lawyer if you are at fault in a car accident you could be facing a personal injury claim to compensate the victim for their losses they have suffered as a result of your negligence.

Finally, my advice is to remain at the scene after being involved in an automobile accident. It could be the difference between civil charges for personal injury or facing a third degree felony criminal charge. However, if you or a loved one are facing a Jacksonville Hit and Run charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the best approach in moving forward.

When you enter a guilty plea in Florida, you are waiving certain rights. The same is true when you plea no contest or nolo contendere. Under Rule 3.172(c) of the Florida Rules of Criminal Procedure, a you are waiving the following rights:

1. the right to a trial by jury;


2. the right to an attorney at trial;


3. the right to confront witnesses and present your own witnesses at trial;


4. the right to not be compelled to testify at trial;


5. the right to appeal (in most circumstances); and


6. the right to remain silent about the offense to which you are entering the plea (the judge may question you about it).

Not only are you waiving rights, but you may be subjecting yourself to unknown consequences. It is important to pay close attention to Rule 3.172(d)(8 - 10):

"(8) that if he or she pleads guilty or nolo contendere, if he or she is not a United States citizen, the plea may subject him or her to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service. It shall not be necessary for the trial judge to inquire as to whether the defendant is a United States citizen, as this admonition shall be given to all defendants in all cases; and
(9) that if the defendant pleads guilty or nolo contendere, and the offense to which the defendant is pleading is a sexually violent offense or a sexually motivated offense, or if the defendant has been previously convicted of such an offense, the plea may subject the defendant to involuntary civil commitment as a sexually vio- lent predator upon completion of his or her sentence. It shall not be necessary for the trial judge to determine whether the present or prior offenses were sexually motivated, as this admonition shall be given to all defendants in all cases.
(10) that if the defendant pleads guilty or nolo contendre and the offense to which the defendant is pleading is one for which automatic, mandatory driver's license suspension or revocation is required by law to be imposed (either by the court or by a separate agency), the plea will provide the basis for the suspension or revocation of the defendant's driver's license."

If you are charged with a crime in Jacksonville, Florida, you may decide to enter into a plea deal with the Jacksonville state attorney. If that is the case, you will be entering a plea of guilty or no contest to a Jacksonville crime. Before doing so, you should understand that you are waiving a variety or rights. Many people believe that they will not have a criminal record if they plea no contest. This is not true. Regardless of whether you enter a plea of guilty or no contest, you criminal record will still reflect the crime. When you enter a plea of guilty in Jacksonville, you are telling the court that you are guilty of the offense. When you enter a plea of no contest, you are telling the court that it is in your best interest to accept the plea deal, but you are not admitting guilt. This has no affect on your criminal record.

In some cases, it maybe advisable for you to enter a plea of no contest instead of a plea of guilty to the Jacksonville criminal charge, because of possible civil liability that may be involved. Before entering a plea to a Jacksonville crime, you should contact a Jacksonville Criminal Lawyer.

When a Jacksonville criminal defendant is charged with a crime, he or she can plea one of three ways. He or she may enter a plea of not guilty, guilty, or no contest (nolo contendere). A "not guilty" plea will cause the case to move forward, and in some cases, the case will go to trial. If the Jacksonville criminal defendant enters a plea of guilty or no contest, he or she will usually do so pursuant to a plea agreement with the Duval County State Attorney's Office. If the Jacksonville criminal defendant and the Duval County State Attorney's Office do not reach a plea deal, then the defendant may choose to plea guilty or no contest and go strait to a sentencing hearing before the judge.

It is important for the Jacksonville criminal defendant to discuss all the possible avenues that he or she may take in the case. He or she should understand the differences between entering a plea of guilty, not guilty, and no contest and the possible outcomes for each. Therefore, he or she should discuss the Jacksonville criminal case with a Jacksonville Criminal Attorney.

Read also, "What is the difference between entering a plea of guilty or a plea of no contest in Jacksonville?"

Yesterday, two robbery suspects were arrested in connection with the armed robbery of a store in Jacksonville, Florida. Edward Littleon, age 22, and Frederick Jennings, age 17, are being held in Duval County, Florida. News4jax.com has reported that the Jacksonville Criminal Defendants are accused of stealing "money from the Family Dollar cash office and [making] the employees lie on the floor." An off-duty officer, G.W. Germann, confronted the two suspected robbers. Jacksonville police have reported that "Germann shot [Littleton] in the shoulder, because he was carrying an AK-47 assault rifle," and "Jennings was armed with a loaded revolver."

Although the Jacksonville Juvenile Robbery Defendant, Jennings, is only 17 years-old, he will likely be charged as an adult, due to the severity of the crime, and his co-defendant will be charged in adult criminal court. Since they both were armed with firearms, they are facing the Florida 10-20-Life Statute. Therefore, they are facing a mandatory minimum sentence of 10 years in the Florida State Prison. However, a Youthful Offender Sentence may be available, depending on the circumstances.

If you are charged with a misdemeanor drug crime in Jacksonville, Florida, there are somethings that you should know. Although the crime is a misdemeanor, a drug crime is not a minor crime. For instance, possession of less than 20 grams of marijuana is a misdemeanor in Florida. However, it carries serious ramifications. You can receive up to one year in jail for the charge. Even if you do not receive a jail sentence for possession of marijuana, it is still on your criminal record. Schools, potential employers, and the general public will be able to see your Florida criminal record and the misdemeanor drug charge. If you are convicted of the Jacksonville drug crime, you will not be able to seal or expunge the arrest. Therefore, discussing your case with a Jacksonville Criminal Lawyer before you enter a plea to the drug crime is crucial.

Under Florida Statute Section 322.055, your Florida Drivers License will be suspended for two years in you are convicted of certain drug offenses. While the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship license, a hardship license is not available until at least six months of the revocation or suspension has expired. For most people, their Florida drivers license is crucial to maintaining employment, so even six months without a license can result in job losses. Also, if you get caught driving on a suspended license, you are looking at another Jacksonville criminal charge, Florida Driving with a License Suspended or Revoked.

If you get arrested for a Jacksonville misdemeanor case, the majority of the time, you will attend first appearance court at the Duval County Jail. At this hearing, the Duval County State Attorney's Office will offer to settle you case with you in return for a plea of guilty or no contest (nolo contendere). This is know as a plea agreement. Many people that are charged with Jacksonville misdemeanor crimes accept this plea agreement without understanding the consequences. They enter a plea and are unaware of the future consequences. A criminal conviction can stop you from ever having your record seal. It can affect your employment opportunities. Depending on the misdemeanor charge, you driver's license could be suspended. (See Three Minute Justice in the Folio Weekly Jacksonville). 

How can I get my Jacksonville criminal charges dropped? There is not a clear answer to this question. Every Jacksonville criminal case must be evaluated on a case by case basis. The Duval County State Attorney Office may chose to drop charges for different reasons, but it is completely within the Jacksonville prosecutor's discretion. Even if the State Attorney does not drop the charges, he or she may chose to make a plea offer for a lower or lesser criminal offense. Charges can be dropped or decreased for the following reasons:

1. Lack of Evidence: If the State does not have the evidence required to move forward with the case, they may drop the charges or make an offer to the Jacksonville Criminal Defendant to plea to a lesser offense.
2. Pretrial Intervention or Diversion Program: The State of Florida offers a pre-trial intervention program. This is a diversion program that the Jacksonville State Attorney may offer in some cases. If the Jacksonville Criminal Defendant completes the program, the State of Florida will drop the charges.
3. Mitigation: If the State Attorney reviews a defendant's background, the facts of the case, and the circumstances surrounding the defendant, he or she may decide to make a better plea bargain offer in a case.

It is important to be proactive with your criminal case. You do not want to wait until your court date to start defending your case. Talking to your Jacksonville Criminal Attorney early about your case is important, because the two of you can decide what the best route is for the case.

In Jacksonville, Florida, if a Jacksonville Criminal Defendant misses a court date, the judge will issue a capias. A capias is also know as a bench warrant, because the judge issues the warrant from the bench, since the Jacksonville Criminal Defendant failed to appear in court. Usually, the Jacksonville Criminal Defendant is arrested pursuant to the Jacksonville warrant and must go before the judge. Depending on the circumstances surrounding the Jacksonville Criminal Defendant's failure to appear in court, he or she may be able to get the warrant recalled. If the warrant is recalled, then the Jacksonville Criminal Defendant will not be arrested, and he or she can proceed with the case as if the judge never issued the capias.

If you have missed a court date, you should talk to a Jacksonville Criminal Lawyer (Cynthia Veintemillas). Do not flee, because that could only make things worse. In some cases, you may be charged as a fugitive and extradited. If you do nothing, you may be arrested when you least expect it, as a police officer will take you into custody if he or she discovers the Jacksonville Arrest Warrant. In some Jacksonville Florida criminal cases, you may be able to work a case out, including the outstanding capias, all at one time avoiding any type of arrest. Therefore, speaking to a Jacksonville Criminal Lawyer will help you evaluate your options in the Jacksonville criminal case, so you can decide what is best.

Yesterday, Troy Davis was executed for the crime of murder in Georgia. Due to the mass-media attention, the recantation of key witness' testimonies, and mixed feelings about the death penalty, many Jacksonville Criminal Defense Attorneys have been discussing this case. As a Jacksonville Criminal Defense Attorney, I have heard mixed feelings from other Jacksonville Criminal Lawyers. Some lawyers believe that the appellate system and court system have many checks and balances. When a criminal case is appealed, it often goes through a lengthy appellate process. This is especially true in death penalty cases. After reviewing the time line in the Davis case, it appears that several courts have reviewed the Davis case and ruled against him. He was given more chances than most criminal defendants on death row.

On the other hand, Jacksonville Criminal Defense Attorneys have stated that this is a grave injustice. This reminds me of the statement, "err on the side of caution." While Davis was convicted by a jury of his peers and sentenced to death, the witnesses that gave statements leading to his conviction have recanted. Therefore, it is possible that an innocent man was executed today. One Jacksonville Criminal Defense Attorney made an excellent point today. He stated, "instead of a potentially guilty person remaining locked in prison until the truth came out, a potentially innocent person was executed."

Although Davis is no longer alive, his case will affect the judicial system. Criminal cases that attract massive media attention affect the jury pool, which in turn has an effect on the outcome of future criminal cases.