Jacksonville Criminal Defense Lawyer Blog

Criminal Lawyers in Jacksonville should tune into E! Television Network to watch "E! Original Countdowns: Too Young to Kill: 15 Shocking Crimes" which premiers tonight at 9:00 P.M. and will run through out the week.  As indicated by the title, the show will cover fifteen juvenile criminal cases from across the nation. The murder of Maddie Clifton should be of particular interest to Criminal Lawyers in Jacksonville since it was one of the most highly publicized murders in Jacksonville's history. Joshua Phillips, the defendant in this case, is a Jacksonville resident and is currently serving a life sentence in Florida State Prison after his conviction for the first-degree murder of Maddie Clifton.

I had the opportunity to speak with Joshua Phillips' mother. She informed me that his case is still moving through the Florida appellate courts. She advised me that several mistakes were made at the trial level of this case. As such, it is important for Jacksonville Criminal Lawyers to follow this case, so we can learn from the mistakes of other Jacksonville criminal defense attorneys. Additionally, the Joshua Phillips/Maddie Clifton Jacksonville Murder Case deals with the sentencing of juveniles to life without parole, which is an important issue in Jacksonville, Florida.

In Florida, if a juvenile criminal defendant successfully completes a pretrial diversion program, his charges are dropped and he record may be sealed pursuant to Florida Statute 943.0582. Although this Florida Statute uses the term "sealed," it differs significantly with respect to the "record sealing" that most people are familiar with.

Most Florida record seals and expunctions are made pursuant to other Florida laws. Florida Statute Section 943.059 governs record sealing, while Florida Statute Section 943.0585 covers record expunctions. If a Florida criminal defendant wishes to have his record sealed or expunged under these statutes, he cannot have a prior record seal or expunction. However, a Florida juvenile criminal defendant that has had his Florida criminal record sealed in accordance with Section 943.0582 may have another charged sealed or expunged. Therefore, if a criminal defendant is otherwise eligible to have his record sealed or expunged pursuant to Sections 943.059 or 943.0585, a prior seal under Section 943.0582 will not prevent a subsequent one.

If you are interested in getting your Florida Criminal Record Sealed or Expunged, contact a Florida Sealing and Expunging Attorney.

Jacksonville Juvenile, Quintavis Seay, is only 16-years-old and charged with the homicide of a 20-year-old Jacksonville man, Jeremy Godboldt.  According to local reports, Seay was involved in a physical altercation with Godboldt and his brothers.  At some point, Seay allegedly shot Godboldt, who was later pronounced dead at the hospital.

Seay will likely be charged as an adult.  If he is charged with murder, he could face life in prison without parole, despite his age.  Since the shooting death stemmed from a fight between the alleged victim (Godboldt) and the Jacksonville criminal defendant (Seay), I would not be surprised to see Seay's Jacksonville Criminal Defense Lawyer argue that Seay acted in self-defense.  This is even more plausible considering that Godboldt's two brothers may have assisted him in the fight.  Also, reports state that "the fight that led to Godboldt's death was part of an ongoing dispute between him and Seay."  Therefore, we need to look at all the evidence, including prior contact between these two people, to see if Seay acted reasonably under the circumstances.

As I discussed in a recent article, the United States Supreme Court to Rule on Jacksonville Juvenile Case, Florida has harsh sentencing practices when it comes to juveniles. In fact, approximately seventy percent of all juveniles sentenced in the United States to life without parole for non-homides were charged in Florida. While this issue has received a massive amount of media attention due to the recent United States Supreme Court Hearings in Sullivan v. Florida and Graham v. Florida, another issue remains. What about the Florida juvenile homicide cases in which a juvenile is sentenced to life in prison without parole?  The Juvenile Justice Accountability and Improvement Act, H.R. 2289, is a congressional bill that:

"Requires states to: (1) enact laws and adopt policies to grant child offenders who are serving a life sentence a meaningful opportunity for parole or supervised release at least once during their first 15 years of incarceration and at least once every three years thereafter; and (2) provide notice of such laws and policies to the public and to victims of child offenders. Defines "child offender who is serving a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of imprisonment for life or a term exceeding 15 years. Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison."

If this bill were to pass, any juvenile serving a life sentence would be eligible for parole, but why should juveniles be treated differently?  Many people feel that if a teenager can commit an adult crime, than he or she should complete adult time.  However, our society has always functioned in a manner which establishes that juveniles should not be treated as adults.  While we recognize that teenagers are not mature enough to purchase cigarettes or alcohol, vote, serve on a jury, drive a vehicle, or consent to certain medical treatment or sexual intercourse, we hold them to an adult standard when it comes to the commission of serious criminal offenses.  Scientific research has found that children and teenagers utilize their brains in a different manner than adults as their brains continue to develop.  In Roper v. Simmons, the United States Supreme Court banned the death penalty in juvenile cases due to this research and the likelihood of rehabilitation for minors.  If the likelihood to rehabilitate a  minor is great for juvenile defendants, then why is Florida continuously sentencing minors to life in prison without parole?  While Florida's interest in retribution is great, this interest can still be achieved by granting parole to rehabilitated offenders after serving a significant sentence.   

To support HR 2289, the Juvenile Justice Accountability and Improvement Act, visit the Petitionsite.  

If you have questions about a Jacksonville Juvenile Criminal Case, contact a Jacksonville Juvenile Lawyer.  

On November 9, 2009, the United States Supreme Court heard oral arguments in two Florida cases that challenged sentencing a juvenile offender to a life sentence without the possibility of parole in non-homicide cases. One case involved a Jacksonville Juvenile Defendant, Jamar Graham. At age 16, Graham committed an armed burglary. He received a sentence that included probation. At age 17, Graham committed a home invasion armed robbery and violated his probation. Thereafter, he was sentenced to life without parole. Graham is now 22-years-old.

In a Jacksonville Juvenile Criminal Case, the juvenile defendant is the party that is accused of committing a crime, not the juvenile's parent. However, parents can be obligated to pay restitution in their child's criminal case. Restitution is normally the amount of money or value of the property that the alleged victim has lost due to the defendant's actions. In a Jacksonville Juvenile Criminal Case, the parent and child can be responsible for paying for this loss, because the court has jurisdiction over the parent and the child.

Florida Statute Section 985.437(2) permits the court to order a juvenile to pay "restitution in money, through a promissory note cosigned by the child's parent or guardian, or in kind for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court." If the court orders restitution, "the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make." It is important that Jacksonville Juvenile Criminal Defendants not be required to pay an obscene amount of restitution for a couple reasons. First, when a defendant is ordered to pay restitution, he or she is normally placed on probation to pay the restitution. If he or she is required to pay too much every month, then this will certainly result in a violation of probation. Second, it is difficult for adults to find employment right now. It would be ridiculous to believe that a juvenile could find a job that would pay enough to cover tens of thousands of dollars in restitution. Thus, the parent would be required to pay the restitution.

Florida law does provide for an exception to the rule that a parent can be required to pay a Jacksonville Juvenile Criminal Defendant's restitution.  Under Florida Statute Section 985.437(4), a parent may avoid such responsibility if the court finds "that the parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts."

Jacksonville Juvenile, Joshua Phillips, was sentenced to life in Florida State Prison approximately 10 years, but he has spent in the past eleven years in custody for the murder of Maddie Clifton.  At the time of the Jacksonville homicide, Joshua was only 14 years old, and Maddie was 8 years old. Due to the circumstances surrounding the crime, the presiding Duval County Florida judge sentenced Joshua to life without parole, the harshest sentence available to juveniles of that age.

Many Jacksonville Florida residents have a strong opinion one way or another about this case. Some follow the "eye for an eye" theory. They believe that Joshua should not be given a second chance, because Maddie cannot have a second chance. This theory concentrates more on retribution than on rehabilitation. Perhaps, the belief revolves around the idea that a person that commits a certain type of crime is beyond rehabilitation, no matter the age of the offender.

On the other hand, others believe that Joshua should have the opportunity to present evidence to a parole board in order to determine if he has been sufficiently rehabilitated to reenter society. In fact, the Juvenile Justice Accountability and Improvement Act, H.R. 2289, is a congressional bill that is pending regarding this matter. H. R. 2289 would allow Jacksonville Juvenile Defendants, such as Joshua, to go before the parole board. Those that support this act believe that juveniles should not be treated as adults. This theory is premised on the research that has established that juveniles' brains are not fully developed. Therefore, they cannot be held to the same standard as adults.  Visit freejosh.com for more information.  

To learn more about Jacksonville Juvenile Criminal Cases, contact a Jacksonville Juvenile Lawyer.

Most people think that in order to get Jacksonville juvenile charges dropped, you have to be not guilty of the offense.  Then, once the prosecutor discovers that you are not guilty, he will drop the charges.  This is not true.  A Jacksonville Juvenile Attorney will usually speak with the prosecutor before court and discuss other options.  The Juvenile Justice Diversion Program is one of those options.  Jacksonville Juvenile Justice Diversion Programs usually consist of an essay, letter of apology, and 40 hours of community service.  Once the juvenile completes this program, his Jacksonville Juvenile charges will be dropped.  This is beneficial to the juvenile's criminal record.  

Three St. John's County teenage girls were arrested for auto burglary.  They are accused of breaking into cars in St. Augustine, Florida.  In Florida, burglary to an automobile occurs when a person enters the motor vehicle with the intent to commit an offense inside of it.  Many people believe that in order for a person to commit car burglary, you must "break" into the car.  However, this is not the case.  In Jacksonville and the surrounding areas, you only need to enter the car with criminal intent. Therefore, if the St. Augustine girls merely opened the car doors and took spare change, they committed burglary.  To learn more about Jacksonville Burglary, visit www.jacksonvillelawyer.pro or contact a Jacksonville Burglary Attorney.

We all make mistakes as juveniles.  Sometimes, that juvenile mistake can lead to an arrest.  Most Jacksonville Juvenile Lawyers and Prosecutors will agree that early intervention in Jacksonville juvenile cases is the best solution.  In many Jacksonville juvenile cases, the defendant is not a repeat offender.  Often, the juvenile is a first time offender that made a poor choice and is scared of the juvenile justice system.  The best way for a Jacksonville Juvenile Lawyer to handle a juvenile case is to divert the case out of the courtroom and into a diversion program.  Once the Jacksonville juvenile successfully completes the diversionary program, his charges will be dropped.  This is beneficial to the Jacksonville juvenile for numerous reasons.  First, the Jacksonville juvenile's charges will be dropped, which is the best possible outcome in any case.  Second, if the Jacksonville juvenile charges are dropped, he can petition the Florida Department of Law Enforcement to get his Florida record expunged.  

Jacksonville teen, Daniel Sanchez, was not the only person arrested in connection with the attempted armed robbery of Jacksonville Assistant Police Chief, Carson Tranquille.  Two other Jacksonville teens, Ishmael Mercer and Michael Media were also arrested.  According to detectives investigating the Jacksonville attempted armed robbery, Sanchez confessed that he and the two other boys committed the crime.  He stated that he and one of his co-defendants were armed with guns.