Jacksonville Criminal Defense Lawyer Blog

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.

Amanda Love Gardner was arrested for stealing credit cards from shopper's purses at Wal-Mart stores in Duval, Clay, and Baker Counties. She is accused of taking the credit cards and then using them to purchase items for herself. She has been charged with fraudulent use of credit cards in Jacksonville (Duval County), but she will likely face charges in Clay and Baker Counties, as well.

On May 31, 2011, Jacksonville.com posted pictures of two suspects (Thieves stealing shoppers' credit cards at Jacksonville Walmarts). This led to Gardner's arrest. The Jacksonville Fraudulent Use of Credit Card Attorney handling the case will need to view this video with Gardner as soon as possible to build a defense.

Note: This article is a continuation of St. John's County Florida Counterfeit Currency Bust and Stop and Search of St. John's County Florida Criminal Defendant's Vehicle by attorney, Cynthia Veintemillas.

When examining a St. John's County Florida Counterfeit Currency Arrest, or any other criminal case that involves the stop and search of a vehicle, a St. John's County Criminal Attorney should evaluate the search and seizure. Did the St. John's County Police Department have probable cause to stop the vehicle? This will be based on the description of the vehicle and the knowledge that they had prior to stopping the vehicle. If so, did the police have grounds to search the vehicle? In order for a police officer to search an person's vehicle, the officer must have a warrant or be entitled to search under an exception to the Florida warrant requirement. The exceptions to the warrant requirement include the following:

1. a search incident to a lawful arrest;
2. the automobile exception;
3. the "plain view" exception;
4. the person gives consent; and
5. the hot pursuit/emergency exception.

Based upon the fact that investigators stated that the driver "allowed" the search, I believe that the St. John's County Police Department will argue that the St. John's County Criminal Defendant driver consented to the search, which made the search valid. However, there are always two sides to every story, and it will be interesting to see if the driver was merely acquiescing to police authority.

St. John's County Police stopped a vehicle in connection with a Counterfeit Currency allegation based on a tip from an employee at the St. Augustine outlet mall (See St. John's County Florida Counterfeit Currency Bust by attorney, Cynthia Veintemillas). As a St. John's County Criminal Attorney, I became suspicious as to whether the police actually stopped the correct vehicle. After all, a Ford Explorer is a popular SUV. However, the media reports state that:

"Investigators said the driver allowed them to search the vehicle, and they found numerous $5 bills, along with a printer and equipment that is used to wash ink from bills, and other counterfeiting equipment. Deputies said they also found several counterfeit $100 bills and property bought with the fake bills."

Since this evidence is very damaging to the defense, a St. John's County Criminal Attorney will examine the case in great detail to see if there are grounds for a motion to suppress the evidence that police found based on an unlawful stop or seizure (See Exceptions to the Florida Warrant Requirement when Searching a Car in St. John's County Florida by attorney, Cynthia Veintemillas).

Two men were arrested yesterday for passing counterfeit currency in St. Augustine, Florida. Georgia residents, Karl Hollingsworth and Dennis James, were booked into the St. John's County Jail and charged with Florida Possession of Counterfeit Currency, Florida Possession of Tools for Forgery Counterfeiting, and Passing a Forged Bill. This stems from the accusation that James passed an altered $100 bill at the St. Augustine Outlet Mall. However, they were not stopped at this Florida mall. Instead, an employee of one of the stores followed their vehicle to the International Golf Parkway. Local media reports that the employee lost the vehicle as it turned South on Interstate 95. The employee gave a description of the vehicle, a Ford Explorer, to the Florida St. John's County Police Department.  

Was the stop of this vehicle in St. John's County, Florida lawful?  Read Stop and Search of St. John's County Florida Criminal Defendant's Vehicle by attorney, Cynthia Veintemillas. 

Jacksonville resident, Aundria Fischer, was arrested for Jacksonville Forgery of Bank Bills and Uttering a Forged Bill. Local media reports state that she is accused of forging a check that was given to her as charity from Beaches Emergency Assistance Ministry (B.E.A.M). B.E.A.M. gave Ms. Fischer a $200 check to help her pay an electric bill. Ms. Fischer altered the check and made it payable to herself, instead of the electric company.

Jacksonville Forgery of Bank Bills (Florida Statute Section 831.07) and Jacksonville Uttering a Forged Bill (Florida Statute Section 831.09) are third degree felonies which are punishable by up to five years in prison each. Therefore, these charges should not be taken lightly. If you have been charged with Jacksonville Forgery of Bank Bills or Jacksonville Uttering a Forged Bill, contact a Jacksonville Criminal Defense Lawyer immediately.