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.

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff's Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him "kicking" the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with "shooting a gun at the scene." Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

A Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip's behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or 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). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

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 with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

This week has been a big week for the family of Natalee Holloway. "Six years after teenager Natalee Holloway went missing in Aruba, an Alabama judge has declared her dead. The move, announced in court today, follows a September request by Holloway's father; he wants to stop paying for her health insurance and give her college fund money to her brother..." (Newser.com)

Additionally, On January 10, 2011, Jordan van der Sloot, the only suspect in the disappearance of Holloway pled guilty to the murder of Stephany Flores in Lima, Peru. "He reportedly claimed in a confession shortly after the slaying that he'd killed Flores because she found information linking him to Holloway on his computer." (Yahoo.com)

His attorneys hoped that he would receive five years in a Peruvian prison for manslaughter. The prosecutor sought 30 years. Today, he was sentenced to 28 years from for first degree murder for this strangling death.

As for the Natalee Holloway case, "Van der Sloot had twice been arrested for the disappearance of Holloway, a 19-year-old from Alabama who vanished during a celebratory trip to Aruba with her senior class in May 2005. Van der Sloot maintained that he'd left her on a beach, drunk. That's the last anyone has seen of her. "

The name Jordan van der Sloot became popular in the United States after the disappearance of Natalee Holloway, an American teenager. Although an extensive investigation was conducted and volunteers throughly searched the area, authorities were never able to find enough evidence to pursue criminal charges again Van der Sloot for the murder of Holloway. This case attracted attention from the legal community and the media alike. Many criminal attorneys discussed this homicide case and believed that Van der Sloot got away with murder and that justice was not being served.

Five years later, Van der Sloot murdered a woman that he met in a casino in Lima, Peru. Yesterday, he entered a plea of guilty to the murder charge. He confessed to the crime and told the court, "I want to plead guilty. I wanted from the first moment to confess sincerely... I truly am sorry for this act. I feel very bad." (yahoo.com) He confessed to killing Stephany Flores in May of 2010; "he told police he killed Flores in a fit of rage after she discovered on his laptop his connection to the disappearance of Holloway."

His lawyer argued that he killed Flores "as a result of 'extreme psychological trauma' he suffered from the fallout of the 2005 disappearance on the Caribbean island of Aruba of Natalee Holloway." She "claims the killing was manslaughter, for which the minimum sentence is 5 years. Police forensic experts disputed that claim and the attorney for the victim's family contends Van der Sloot killed Flores, a business student from a prominent family, in order to rob her. Prosecutors are seeking a 30-year prison sentence on first-degree murder and theft charges."

A Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.

The incident occurred on December 16, just weeks before the Christmas. Hector's Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.

This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.

When facing multiple Criminal charges, 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. A Jacksonville Criminal Defense Attorney 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.

Balzourt v. Florida comes before the 2nd DCA on appeal from the Circuit Court for Polk County. The appellant is appealing his first-degree murder charges under two different legal theories. First dealing with the Rules of Evidence and the admissibility of collateral crimes. Second dealing with the State's burden of proving premeditation to support the charge of first-degree murder.

The appellant was convicted for murdering his then girlfriend and setting her body on fire in the nearby woods. The victim's cause of death was determined to be asphyxiation and the state was able to prove the appellant had committed the murder.

The first issue in this appeal deals with the Williams rule. The appellant contends the evidence allowed to be admissible did not similar enough to satisfy the requirements for admissibility. Under Williams, collateral crime evidence is only permitted when used to prove a material fact and not just to show bad character or propensity. Furthermore, Courts have required strict compliance and similarity between the acts before they can be admitted before the courts. In this case, the State introduced evidence of a prior strangulation of an ex-wife of the appellant. In that incident, the two were arguing over an ex-boyfriend and during the heated argument he strangled her to the point of unconsciousness. That incident took place in the middle of the day. In contrast, this incident occurred between the appellant and a girlfriend, in the middle of the night, and the state failed to prove what caused the incident in the first place. Based on the forgoing facts, the Court determined the evidence was improperly admitted and remanded for a new trial.

The second issue in this appeal deals with the State's failure to prove premeditation so as to support a charge of first-degree murder. According to the Florida Supreme Court, premeditation is a fully formed conscious purpose to kill which must exist for a sufficient length of time to permit reflection as to the nature of the act to be committed and the probable result of the act. (Quotes omitted). Coolen v. State, 696 So.2d 738 (Fla. 1997). The State provided evidence the appellant did strangle the victim, but has not provided any further evidence the jury could draw the conclusion the appellant had the premeditation required to satisfy the charge of first-degree murder. The Court ruled the evidence did not support a finding of first-degree murder and remanded the case for retrial, but only for the charge of second-degree murder.

Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

Earlier this week Jacksonville Police charged Timothy Byrd, a 50 year old Jacksonville resident, for murder after his father died from injuries sustained during an alleged "play fighting" incident that took place over Halloween weekend.

The victim, Robert Byrd, was an 83 year old Jacksonville resident and father to Timothy Byrd, the suspect in this case. According to Jacksonville Police reports, Timothy was originally arrested for aggravated battery in connection with this incident, but following his father's death on November 17th, he was subsequently charged with murder. The suspect has admitted to striking his father, but claims they were just "play fight[ing]." This case is still in the initial stages and will be interesting to follow as the facts of this incident come to light.

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. A Jacksonville Criminal Defense Attorney 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.

As I drove down Mayport Road this morning on my way to the Duval County Court House to defend a Jacksonville Criminal Case, I noticed Atlantic Beach Florida police cars all over the place. Police officers were on almost every street aligning Mayport Road (A1A) in Atlantic Beach, Florida. As a Jacksonville Criminal Lawyer, I assumed the worse. I thought to myself: "they must be searching for a suspect; there must be a murder weapon in the area; they are looking for someone that was involved in a Jacksonville hit and run accident." I wanted to stop and ask an officer, but I knew that the Duval County Courthouse was not going to wait for me, and my client would not be happy if his Jacksonville Criminal Defense attorney did not show up on time. Thus, I kept driving.

After surfing the web and reading an article published by First Coast News, I discovered that a deadly shooting occurred that morning in Atlantic Beach, Florida. According to First Coast News:

"Authorities arrived on the scene at 12:55 at 87 South Forrestal Circle where they found a white male who had been shot in the chest. The victim was taken to Shands Jacksonville, where he was pronounced dead. The Jacksonville Sheriff's office identified the victim as 25-year-old James Lee Morrow. Police said a woman came out of the house and confessed to authorities that she shot the man. She was taken to the police station for questioning by JSO homicide investigators, along with two witnesses who also lived at the home. JSO identified her as Angela Morrow. Police said the victim and the woman are husband and wife. JSO said this afternoon that no charges had been filed and the investigation is ongoing."

Christian Fernandez is the 12-year-old boy that has been charged as an adult for murder in Jacksonville, Florida. He is the youngest juvenile to be charged as an adult. While the Jacksonville State Attorney's Office and Fernandez's Public Defender have been trying to negotiate a plea deal in this Jacksonville Murder Case, they have been unable to come to an agreement. Since the prosecution and defense cannot come to an agreement about a Jacksonville plea deal, the case has been set for a jury trial. This Jacksonville Juvenile Murder trial is set to take place on February 27, 2012. At that time, the jury will be picked and the trial will likely take place through out the week. Unless the Jacksonville prosecutor and defense attorneys come to an agreement, the case will be tried. If the case is not ready for trial, the parties may move to continue the trial. However, it is up to the Duval County judge to decide whether or not to grant the motion to continue.

It appears that this murder trial is not the only thing that Fernandez's Jacksonville Criminal Lawyers need to be concerned about. The Jacksonville.com reports the following information:

"The defense filed a motion to dismiss the original indictment, the prosecution indicated they'd also seek a second indictment against Fernandez for another offense. That second matter has been under investigation all along and involves another crime that carries a penalty of life in prison, authorities said. The State Attorney's Office plans to present the second case to the grand jury Thursday."

It will be interesting to find out if the new Jacksonville criminal charges are connected with the Jacksonville murder charge or completely separate. Since the Jacksonville crime carries a life sentence, it is a serious offense. Not only will the Jacksonville defense lawyers need to defend against the murder offense, but they will have another criminal charge to battle in court. No doubt that any plea deal that is reach will include a disposition of both Jacksonville criminal cases.

Last month, a Jax Beach man was shoot and killed in Jacksonville Beach, Florida. Three men have been arrested for this Jacksonville Beach shooting. Jacksonville police suspect that the shooter was William Brown, age 18. Local media (News4Jax) has reported that

"investigators also arrested two other suspects locally in Neptune Beach. They were identified as 27-year-old Adam Holleran, who's charged with armed robbery, and 27-year-old Matthew Webber, who's charged with armed robbery and accessory after the fact."

According to the media reports, it appears that Brown gave information to police that resulted in his arrest. The information that he provided about this Jacksonville robbery and shooting likely led to the result of the other two suspect. Therefore, each of these Jacksonville Criminal Defendants will have a conflict of interest and need separate Jacksonville Criminal Lawyers.

Yesterday, Troy Davis was executed for the crime of murder in Georgia. Due to the mass-media attention, the recantation of key witness' testimonies, and mixed feelings about the death penalty, many Jacksonville Criminal Defense Attorneys have been discussing this case. As a Jacksonville Criminal Defense Attorney, I have heard mixed feelings from other Jacksonville Criminal Lawyers. Some lawyers believe that the appellate system and court system have many checks and balances. When a criminal case is appealed, it often goes through a lengthy appellate process. This is especially true in death penalty cases. After reviewing the time line in the Davis case, it appears that several courts have reviewed the Davis case and ruled against him. He was given more chances than most criminal defendants on death row.

On the other hand, Jacksonville Criminal Defense Attorneys have stated that this is a grave injustice. This reminds me of the statement, "err on the side of caution." While Davis was convicted by a jury of his peers and sentenced to death, the witnesses that gave statements leading to his conviction have recanted. Therefore, it is possible that an innocent man was executed today. One Jacksonville Criminal Defense Attorney made an excellent point today. He stated, "instead of a potentially guilty person remaining locked in prison until the truth came out, a potentially innocent person was executed."

Although Davis is no longer alive, his case will affect the judicial system. Criminal cases that attract massive media attention affect the jury pool, which in turn has an effect on the outcome of future criminal cases.

As a Jacksonville Criminal Defense Lawyer, people, including my family, will ask me about criminal cases that have been in the media. The Georgia murder case involving criminal defendant, Troy Davis, is no different. However, this Savannah, Georgia case hits close to home, considering that I am from the area. Davis is set for execution by the Department of Corrections at 7:00 p.m. this evening. Many people have demonstrated against the execution due to the fact that the witnesses have recanted their testimony. According to reports (Wikipedia.org):

"Former prosecution witness Antoine Williams stated he did not know who had shot MacPhail, and that because he was illiterate he could not read the police statements he had signed in 1989. Other prosecution witnesses, Jeffrey Sapp and Kevin MacQueen testified that Davis had not confessed to them as they had stated at the initial trial. Darrell Collins also recanted his previous evidence that he had seen Davis shoot Cooper and MacPhail. The witnesses variously described their previous testimony against Davis as being the result of feeling scared, of feeling frightened and pressured by police or to get revenge in a conflict with Davis."

Like many Jacksonville Florida Criminal Lawyers, I find it easier to view an outline of events to better understand a case. Here is an brief timeline of the case (via Yahoo.com):

• Aug. 19, 1989: Savannah police officer Mark McPhail was off-duty and working as a security guard at the local Greyhound bus station. There was a fight at the adjacent Burger King and McPhail went to investigate. He was shot several times and died at the scene.


• Aug. 23, 1989: Davis surrendered to authorities four days later. He was only 19 years old at the time and has been incarcerated for over half his life. Witnesses reported seeing Davis at the scene of the murder and firing a gun.


• Aug. 30, 1991: A jury handed down the death sentence for Davis two years after he was arraigned for the crime. Davis was found guilty on five felony counts including that of malice murder, according to the Georgia attorney general's office


• Feb. 26, 1993: The Georgia Supreme Court unanimously upheld the sentence and convictions of Davis in a court case. The panel found that evidence had supported each and every one the convictions even though no murder weapon was every found.


• Sept. 9, 1997: Davis had attorneys represent him while he was on death row. The Georgia Supreme Court was again involved in denying leniency for the convicted killer. Davis was disallowed a new trial as judges determined they cannot supplant the role of a qualified jury that found enough evidence to convict him.


• Sept. 26, 2006: Despite several appeals through the court system again, the 11th District of U.S. federal court denied Davis a new trial. Their basis was Davis did not have a substantial claim of innocence.


• August 2009: U.S. Supreme Court took up Davis' case. Justices instructed a lower court to review the matter once again to see if the convicted killer was actually innocent.


• Sept. 20, 2011: The Georgia State Board of Pardons and Paroles issued its final ruling on the matter. Clemency was denied and the execution is still scheduled for today. PBS states the governor of Georgia has no authority to commute death sentences and the clemency hearing was the final appeal.

The Florida criminal jury verdict of not guilty in Casey Anthony's case led to public outcry and outrage. This could be seen in protests, blogging, and postings on social media websites. Reporters have asked Judge Perry, the Florida Criminal Judge that presided over the trial, to release the names of jurors that decided this Florida criminal case. Although, Judge Perry usually will release the names of jurors, he refused to in this case, because of the threats that have surfaced and the public anger. According to the Florida Times-Union, "he said he doesn't want public reaction to translate into harm for people who 'don't have a choice about serving on a jury.'"

Thomas Brown's Jacksonville Criminal Lawyer submitted mitigating evidence to Judge Elizabeth Senterfitt for Brown's sentencing hearing.

"Assistant Public Defender Fred Gazaleh entered Brown's rejected plea form and a stack of psychological records into evidence Tuesday as the case approaches a September sentencing. The evidence will be used to argue that Brown, 29, was a troubled man who snapped when he killed Juanese Miller, 22, at a Wendy's restaurant on St. Johns Bluff Road in June 2009 but that he has since accepted responsibility." (Jacksonville.com)

The Jacksonville criminal jury returned a 7 to 5 recommendation in favor of the death sentence. However, the Jacksonville criminal sentence will be up to the judge. She will decide if he serves life in prison or is sentenced to death. The sentencing will occur in September.

See Also:
Jacksonville Felon Charged With Shooting and Killing Co-Worker at Jacksonville Restaurant
Jacksonville Man Found Guilty of Murder for Shooting Fellow Restaurant Worker
Jacksonville Penalty Phase of Jacksonville Shooting Murder Criminal Case Results in Death Recommendation