Jacksonville Criminal Defense Lawyer Blog

Today, the Florida First District Court of Appeal reserved Montgomery's judgment and sentence and remanded the case for a new trial.  The court ruled that the Jacksonville trial court made a fundamental error when it gave a manslaughter instruction that erroneously suggested that an intent to kill is an element of Jacksonville manslaughter.  

The good news for Montgomery is that he gets a shot at a new Jacksonville murder trial.  Under Florida's Double Jeopardy Laws, the State cannot try him for first-degree murder again.  He can only be tried for second-degree murder, the crime that he was convicted of in Jacksonville.  However, he has the chance of being acquitted or convicted of a lesser offense, like Jacksonville manslaughter.  Also, Montgomery cannot be sentenced to more than 45 years in prison for the Jacksonville murder.  Therefore, even if he is convicted of Jacksonville second-degree murder again, he gets another sentencing hearing.  At the hearing, he may get less than 45 years in jail.  In the end, Montgomery comes out ahead in this Jacksonville murder case.  He gets a new trial and cannot be convicted or sentenced to anything more than he already has been.  He has nothing to lose from a retrial of his Jacksonville second-degree murder case and everything to gain.  

For example, in a Jacksonville Driving Under the Influence case, the prosecutor must show that the Jacksonville criminal defendant was (1) driving, (2) under the influence of drugs or alcohol, and (3) impaired by the drugs or alcohol.  If the only evidence that the Jacksonville criminal defendant was driving is his confession, that confession cannot be entered into evidence.  If the Jacksonville criminal defendant's confession is not entered into evidence, the prosecutor cannot prove the "driving" element required in Jacksonville DUI cases.  The end result is case dismissed!

Florida Statute Section 776.013 allows a Jacksonville resident to use deadly force against a home intruder.  This law is often referred to as Florida's castle doctrine.  Florida's castle doctrine is intended to protect the Jacksonville resident from criminal liability when defending the home.  

In Officer Tranquille's case, he acted in self-defense pursuant to Florida's castle doctrine.  The Jacksonville Police Officer was in his garage when he used deadly force against Sanchez, a person that had unlawfully entered his Jacksonville residence.  To learn more about Florida's castle doctrine or other Jacksonville self-defense laws, contact a Jacksonville Self-Defense Attorney.  

For instance, watch the famous HBO documentary "Murder on a Sunday Morning."  In this case, two Jacksonville Criminal Defense Lawyers at the Public Defenders Office (Mr. McGuinness and Ms. Finnell) represented Jacksonville Criminal Defendant, Brenton Butler.  This Jacksonville Criminal Defendant was only 16-years-old and charged with first degree murder.  At Mr. Butler's trial, the Jacksonville Criminal Defense Attorneys proved that Jacksonville police officers beat a confession out of Mr. Butler.  Due to the hard work of the Jacksonville Criminal Defense Lawyers, Mr. Butler was found not guilty.  

However, the most important part of this case is what occurred a day after the HBO documentary aired.  The Jacksonville Sheriff announced that the Jacksonville Sheriff's Office would begin videotaping confessions.  This shows that a Jacksonville Criminal Defense Lawyer can change the Jacksonville community for the better.  I find this story inspiring and motivating, and it makes me proud to be a former Jacksonville Assistant Public Defender and  a Jacksonville Criminal Defense Attorney.