Jacksonville Criminal Defense Lawyer Blog

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.

Expunging a juvenile record may not prevent you from expunging or sealing an adult criminal record, in Jacksonville, Florida. Florida Statute Section 943.0582 permits a juvenile to expunge his or her record if he or she meets certain requirements (See Expunging a Florida Juvenile Record). If the Jacksonville Juvenile criminal record was expunged pursuant to Florida Statute Section 943.0582, the juvenile may still be eligible to have a future Jacksonville criminal arrest sealed under Section 943.059 or expunged under Section 943.0585, Florida Statutes. Section 943.0582(6) specifically states that:

"Expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections."

In Jacksonville, you can expunge a Florida juvenile record. Pursuant to Section 943.0582, Florida Statutes, a juvenile criminal defendant can apply to have his or her record sealed if he or she has successfully completed a prearrest or postarrest diversion program. In Jacksonville, this program is known as pretrial intervention or diversion. There are certain requirements that must be met, including the following:
1. The minor must submit an application signed by the minor's parent or legal guardian no later than six (6) months after completing the diversion program.
2. The minor must include an official written statement from the state attorney certifying that the minor successfully completed the Jacksonville juvenile diversion program and that participation in the program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.
3. The prearrest or postarrest diversion program that the minor participated in expressly authorizes or permits such expunction to occur.
4. The minor was arrested for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28.
5. The minor has never, prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation.

It is important to note that a Florida Juvenile Criminal Record Expunction under Florida Statute Section 943.0582 is not the same as a Florida Criminal Record Expunction under Florida Statute Section 943.0585. Under Section 943.0582(2)(a)(2), Records maintained by local criminal justice agencies in the county in which the arrest occurred seal the file. This is not permitted under Florida Statute Section 943.0585(4), which requires "any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases."

Question: I have already had an arrest record expunged. I was arrested in Jacksonville, Florida, and I want to get that sealed or expunged. Is it possible to seal or expunge my new Florida arrest if I have already had my record expunged before?

Answer: Usually, not you cannot have your record sealed or expunged twice. Under Section 943.0585(2)(f) and 943.059(2)(e), a Florida criminal defendant cannot have his criminal record sealed if he has secured a record sealing or expunction under one of these sections or "former s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to [943.0585(h)] and the record is otherwise eligible for expunction." Fla. Stat. § 943.0585(2)(f) (2011). Therefore, you cannot petition the court to seal or expunge your Florida criminal arrest record under Section 943.0585 or 943.059 and then seal or expunge another crime. However, if you sealed a record under Section 943.059, and it has been sealed for 10 years, you may be eligible to expunge that arrest in Florida.

There is also an exceptions for minors, Florida Juvenile Offenders, under Section 943.0582(6) of the Florida Statutes (See Can I Seal or Expunge My Florida Criminal Record if I had My Juvenile Recorded Expunged?).

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), a uniformed officer questioned a 12-year-old boy at school about a string of local burglaries. The officer told the boy he was free to leave, but also told him that a court could order juvenile detention. The school's assistant principal told the boy to "do the right thing." Eventually, he confessed to the burglaries. At trial, the boy's lawyer argued that the confession was essentially coerced due to the boy's age and the circumstances surrounding the questioning. The state courts in Florida held that the boy was not in detention, because he was free to leave. Therefore, Miranda warnings were not required.

However, the Supreme Court ruled that the child's age is relevant. As Justice Sonia Sotomayor pointed out, children are required by law to go to school and are often subject to discipline for disobedience. Students are therefore much more likely to believe that they are obligated to answer police questions. Therefore, Miranda warnings are required in order to inform students that they do not have to answer police questions and can contact an attorney.

If you or your child has been subject to police questioning, you should contact a Jacksonville Defense Attorney to discuss the case.

As a Jacksonville Juvenile Criminal Defense Lawyer, I have represented juveniles that were questioned by police officers in their schools. Recently, in a 5-4 ruling, the United States Supreme Court addressed this issue. For the first time, the Court ruled that children questioned by police in school must be given Miranda rights before questioning. The Supreme Court released its decision in In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), on June 16, 2011 (See United State Supreme Court Rules that Juvenile Criminal Defendant's Constitutional Rights Were Violated by Jacksonville Juvenile Lawyer, Cynthia Veintemillas).

Last July, St. Johns County Florida judge, John Alexander, voiced his concerns about the Duval County Juvenile Detention Center. A St. Johns County boy was being held at the Center on charges of drug paraphernalia possession and violation of probation. The boy was attack by two other juvenile detainees. Judge Alexander was never notified of the attack. Judge Alexander saw "this as tangible proof that the department's closing of the St. Johns County juvenile detention facility last year was a mistake, and that he'd predicted this would happen. In 2009, the St. Johns County Detention Center closed, and St. Johns County Juveniles were transported to and from the Duval County Juvenile Detention Center for court proceedings. This was due to Florida's State budget cuts (Jacksonville.com).

If you have questions about a St. Johns or Duval County Juvenile Case, contact a St. Johns County Juvenile Attorney.

The Duval County Juvenile Detention Center is a facility that holds juveniles that are court ordered to secured detention while they await a disposition in their cases. The facility holds a variety of juveniles. Florida Statute Section 985.255 lists the criteria required for detention of a juvenile, and Section 985.26 sets forth the length of detention. Secured detention is only to be used when it is completely necessary. Indeed, "the Legislature intends that detention care, in addition to providing safe and secure custody, will promote the health and well-being of the children committed." Fla. Stat. 985.02 (2010). The Duval County Juvenile Detention Center's website claims that their "facility provides supervision of youth in a safe, secure and humane environment." However, there have been contradictory allegations. In particular, a St. John's County Florida judge voiced his opinion about the practices of the Duval County Juvenile Detention Center last year.

Last night, the Honorable Judge Jefferson W. Morrow passed away (Story by Florida Times Union). Judge Morrow was a circuit court judge in Jacksonville, Florida. As a Jacksonville Juvenile Lawyer, the first time I met Judge Morrow was in Jacksonville Juvenile Delinquency Court. He was very punctual, patient, and fair. He treated my client, a Jacksonville Juvenile Criminal Defendant, and myself with respect and kindness. He respected lawyers that were well-prepared and well-spoken. As a former Jacksonville criminal trial lawyer, he understood the challenges faced in criminal cases and the need for efficiency and guidance in the criminal justice system.

Judge Morrow was admitted to practice law in Florida in 1983. He was a former member of the largest network of Florida Criminal Defense Attorneys, the Florida Association of Criminal Defense Lawyers (FACDL). After practicing as a criminal and civil trial attorney, he was sworn in as a Duval County Florida Judge in January of 2009. After presiding as a Jacksonville Juvenile Judge, he was assigned to the felony circuit court bench where he presided until his recent death. As a Jacksonville Criminal Lawyer, I hope that a judge with his compassion and courtesy will fill the void that Judge Morrow has left.

St. John's County Florida legislator, Mike Weinstien, is the Florida State representative for District 19. Weinstien drafted a bill and has presented it to the House "that would give juveniles a chance at parole 25 years into a life sentence. If denied, they can try again every seven years." In 1983, Florida abolished its parole system. Therefore, one needs to be established or incorporated into the Florida Office of Executive Clemency.

Weinstien stated that "he is not seeking to extend parole options to adult inmates or juveniles convicted of homicide." Creating an option of parole in Florida Juvenile cases come on the heals of the Jacksonville juvenile case of Graham v. Florida, holding that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole.

Posted by St. John's County Florida Juvenile Crimes Lawyer, Cynthia Veintemillas.

Only days before the landmark decision in the Jacksonville Juvenile case of Graham v. Florida, Jacksonville judge, Elizabeth Senterfitt, sentenced juvenile Daryl Thomas to life in prison without the possibility of parole for armed robbery, a non-homicide felony. In Graham, the United States Supreme Court ruled that juveniles charged with non-homicide felonies cannot be sentence to life without parole. Therefore, Thomas' case was sent back to Judge Senterfitt to resentence him in compliance with the ruling in Graham. She sentenced him to fifty years in Florida State Prison. The Jacksonville Juvenile Criminal Case will be appealed (Jacksonville.com).

A Jacksonville Juvenile's Driver License will be suspended if he is found in violation of Florida Statute Section 569.11. This Florida statute makes it unlawful for a juvenile to possess tobacco or misrepresent his or her age to obtain tobacco. Section 569.11 sets forth procedures that the juvenile must complete, such as a fine, community service hours, anti-tobacco program. If the Jacksonville juvenile does not complete the requirements, the court shall direct the Florida Department of Motor Vehicles to suspend the Jacksonville Driver License. The time period for the Jacksonville Driver License Suspension will vary depending on the violation.

If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer. Call or email Cynthia Veintemillas at (904) 685-1200 or cynthiav@jacksonvillelawyer.pro.

Florida Statute Section 322.056 governs Jacksonville Driver Licenses suspensions for juveniles found delinquent for certain crimes. A Jacksonville juvenile's driver license will be suspended if he or she is found guilty or delinquent of:

1. selling, giving, serving, or possession of alcohol by a minor (under Florida Statute Section 562.11(2) or 562.111) or
2. a violation of Chapter 893 (drug-related offenses).

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.

Some of Florida's criminal courts have recently ruled on the confessions of Juvenile defendants. William Hanlon a Tampa criminal attorney published an article about suppressing those confessions.

Florida Statute Section 562.11(c) makes it a second degree misdemeanor "for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises." Due to the hard work of many Florida Criminal Defense Attorneys and the Florida Association of Criminal Defense Lawyers, the Florida Legislature passed an amendment to this Florida Law, regarding service of alcohol to minors.

The Amendment is listed in Florida Statute Section 562.11(c) which states that "a licensee who violates paragraph (a) shall have a complete defense to any civil action...if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked" a listed form of identification and acted in good faith.

The new Amendment to this Florida Law regarding selling and serving alcohol to minors will be beneficial to Jacksonville vendors and sellers of alcohol. It makes sense to have a law that protects minors, but not at the expense of Jacksonville business owners and there employees that act in a prudent manner.