Jacksonville Criminal Defense Lawyer Blog

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.

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony's mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.

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.

Earlier this week, Tuesday, three uniformed police officers were shot at while conducting an undercover investigation following a recent carjacking in the area. Luckily none of the officers were hurt during the incident, but the vehicle did sustain two gun shot wounds. Later in the week, Jacksonville Police arrested Fred Calvin Childs for the attempted murder of the police officers.

The Jacksonville Police were located at the Forest Park apartment complex shortly after 8 PM on Monday conducting an undercover investigation. During their third trip around the complex someone in a crowd of people opened fire on the officers. Most of the shots missed, but two struck the passenger side of the vehicle. The police left the area and quickly returned to question witnesses. Several people were taken into custody for questioning and later Mr. Childs was arrested after finding a handgun in his apartment.

This case is still in the initial stages and the charges against Mr. Childs are likely to change. When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. They will be able discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

This case is an appeal from the 15th Circuit in Palm Beach County, where the appellant appeals his conviction, jury instructions, and Court's refusal to consider youthful offender sentencing. The 4th DCA affirmed the conviction and jury instruction, but remanded the sentencing decision to another judge for review of youthful offender status.

The case arose from an armed robbery at a gas station in Palm Beach County. The suspects brandished a weapon during the robbery and while exiting the building fired one shot towards the clerk. The suspects fled the scene. Later the police approached a vehicle for broken taillight. The appellant was found in the backseat with clothing, a gun, and money that matched the type used in the robbery. The appellant made conflicting statements to the police about his participation in the robbery, his statements went from not there to just driving the vehicle. He was found guilty for armed robbery and sentenced to ten (10) years in jail.

The appellant, Harry Salter, appeals the denial of his motion for acquittal and the jury instruction for not making special remarks into the validity of circumstantial evidence. The 4th DCA reviews motions for acquittal De Novo. The appellant argues the evidence was insufficient to prove his guilt and therefore uphold his conviction. However, the court reasoned there was enough direct and circumstantial evidence upon which the jury could draw the conclusion of guilt. Furthermore, the court has the discretion as to give jury instructions regarding circumstantial evidence and the appellant has failed to demonstrate the court's abuse of its discretion.

Finally the appellant appeals the court's denial to sentence him as a youthful offender. The 4th DCA rules that the court has the discretion whether or not to sentence a suspect as a youthful offender. But, in this case the court refused to consider this implication because the appellant chose a jury trial instead of pleading guilty and take a plea bargain. This is a violation of the appellant's Constitutional rights and the 4th DCA remands the matter for resentencing before a new judge to consider whether a youthful offender sentence is proper.

If you are subject to a criminal investigation or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to determine what is the best course of action in moving forward.

Quite often, a minor crime will lead to a major crime. For instance, I have seen Jacksonville Criminal Defendants that have had their drivers licenses suspended habitual traffic offenders. Like most people, Jacksonville habitual traffic offenders have jobs and families that they need to support. Therefore, they end up driving without a driver's license in Jacksonville, Florida. As Jacksonville Habitual Traffic Offenders, if these drivers are caught, they will be arrested for a felony (See Jacksonville Florida Driver's License Suspended for Five Years as a Habitual Traffic Offender ). In a few Jacksonville Habitual Traffic Offender cases, I have seen these drivers fleeing police officers that are trying to stop their vehicles due to the fear of arrest. When they are caught, they are arrested for Jacksonville fleeing and attempting to elude a law enforcement officer. Now, they are facing additional felony charges.

This scenario could have been prevented. When I am reviewing a habitual traffic offender's driving record, I often see that there are things that the Jacksonville habitual traffic offender can do in order to try to obtain a valid driver's license. However, once a driver gets to the point that he or she has been arrested for Jacksonville Fleeing and Attempting to Elude, it may be too late. That is why it is so important to correct the driving record at the early stages and get a valid Florida driver's license. If you need help with your Florida Drivers License, contact Cynthia Veintemillas, a Jacksonville Drivers License Attorney.