A Jacksonville man facing decades in prison for stealing and then pawning jewelry he removed from dead bodies was sentenced to 90 days in county jail. Christopher Allen was forensic investigator with the Medical Examiner’s Office and faced five felony charges after an investigation pinned him as the person responsible for missing jewelry, according to a report in the Florida Times-Union. The most serious was one of two dealing in stolen property charges, which was charged as a first-degree felony, and can be when a person is the one organizing and plans the thefts and the sale of the property. In Allen’s Jacksonville Theft Case, he was accused of acting alone so that charge would fit. As a first-degree felony, Allen faced up to 30 years in state prison on that charge alone and a total of 60 years with all five counts.

It’s unclear from the newspaper report just how much jewelry Allen was accused of taking from the bodies in this Jacksonville Theft Case, but records showed he pawned 62 pieces of jewelry in a year’s time, the newspaper reported. In all, he was charged with official misconduct, two counts of dealing in stolen property (one being the more serious organized stolen property) and two counts of giving false verification of ownership of pawned items. Allen and prosecutors negotiated an agreement where he would plead guilty to official misconduct and organized dealing in stolen property, allowing the remaining charges in his Jacksonville Theft Case to be dropped. Allen received 90 days in jail, but will be out this month because he was already in jail for 74 days since his arrest, unable to post bond.

The newspaper report depicts Allen as a hardworking law enforcement officer who fell on tough financial times and made some poor decisions to try to get out. His past undoubtedly played a role in a comparatively light sentence in this Jacksonville Theft Case. This appears to be the first time Allen, 48, has ever been arrested. He will have to forfeit his law enforcement powers, pay more than $1,000 in restitution, another $600 in court costs and serve three years of probation. But when you’re looking at up to 60 years in prison for a Jacksonville Theft Case, especially one that tends to anger people as much as stealing from dead bodies at a morgue, that’s a very favorable disposition. When it comes to sentencing or negotiation in Jacksonville Criminal Defense Cases, a defendant’s criminal history is a huge factor. Sentencing guidelines are based on the current charges and a person’s record – if he or she has one. You generally only get one crack at a deal like the one in this Jacksonville Theft Case, but it’s an opportunity for people to turn things around and become productive members of society, instead of sitting in prison.

The Florida Congressman who pleaded guilty to cocaine possession in Washington, D.C., this month for possession of cocaine would have faced much more severe penalties had he been busted in his home state. Congressman Trey Radel, who represents the Fort Meyers area, pleaded guilty to misdemeanor cocaine possession and faces a maximum of 180 days in jail and a $1,000 fine, according to a report in the Miami Herald. Radel bought cocaine from an undercover agent after the person Radel had been buying from was arrested and gave authorities Radel’s name, the newspaper reported. Radel is now on a leave of absence from his Congressional role, but compared to how his case would have been handled in Florida, Radel is fortunate he was not busted in the Sunshine State.

In Jacksonville Drug Crimes Cases, and all Florida Drug Crimes cases, possession of any amount of cocaine is a felony. Any amount whatsoever. There is no such thing as a misdemeanor cocaine possession charge, as there is in Washington. In Jacksonville drug crimes cases, possession of cocaine is a third-degree felony punishable by up to five years in prison. Outside of marijuana, nearly all Jacksonville Drug Crimes and Florida Drug Crimes are felonies and not misdemeanors. When it comes to prescription narcotics, it’s the same thing. All charges are felonies. And, what can be even more devastating in Jacksonville Drug Crimes Cases, are the minimum mandatory sentences that kick in – even on amounts as small as a few pills.

While there are some instances with first-time offenders that people can enter drug treatment and have the adjudication withheld if the defendant meets certain criteria in probation, those are details that would have to be negotiated and could drag the case out.

A day-care owner pleaded guilty to a reduced charged in the drowning death of a child and will have to spend two days in jail for each of the next 10 years as part of her punishment. Jan Buchanan pleaded guilty to culpable negligence and must report to jail on the birthday and on the anniversary of the death of a 2-year-old who drowned in a pool at her home, according to a report in the Florida Times-Union. Buchanan was originally charged with Duval County aggravated manslaughter of a child, a first-degree felony punishable by up to 30 years in state prison. The charge was reduced to a second-degree felony with a maximum of 15 years in prison but, given the negotiated sentence, the actual charge isn’t as big of a deal.

Buchanan was the only adult in the home and took seven kids under the age of four swimming in the yard, the newspaper reported, Once they were done, she brought the children inside and was tending to an infant. She lost sight of the 2-year-old for between 10 and 15 minutes, then found a sliding door open and the boy in the pool, the newspaper reported. Buchanan, who was in the process of renewing her state child care license, had the charge of operating an unlicensed day care dropped. Other parameters of the plea deal include 10 years of probation, during which Buchanan cannot operate a child care center. As part of the plea in this Jacksonville Felony Case, she also must give $2,000 a year to Safe Kids, an organization that promotes water safety, the newspaper reported.

This is the state’s way of trying to make a public relations move and make people forget that a woman who was charged with a crime and facing 30 years in prison is only serving 20 days in jail for a Jacksonville Felony Case. The child’s parents supported Buchanan and remain friends with her, so it they were not likely to be on board for a lengthy prison sentence. And while the state doesn’t need to run everything by a victim or victim’s family, prosecutors generally prefer to have them in agreement with a sentence when possible – particularly if the case is going to end up going to a trial. From the perspective of a Jacksonville Criminal Defense Attorney, it appears to be a deal you’d have to go along with – excessively personal or not. The state can structure it and spin it any way it wants, but the bottom line is Buchanan is looking at less than three weeks in jail as opposed to three decades in prison. Sometimes it takes a creatively structured agreement, or simply letting the state have its day, to get the best deal in a Jacksonville Felony Case. Our Jacksonville Criminal Defense Attorney leaves no option off the table when it comes to negotiating on behalf of her clients in Jacksonville Felony Cases, or any case in the criminal justice system.

A judge has ordered a new trial for a Jacksonville man convicted of six counts of aggravated assault after a judge ruled an officer’s testimony crossed the line and may have influenced the jury. Randal Ratledge was convicted at trial earlier this year, accused of firing one shot into the air and another into a group of neighbors in August 2012, according to a report in the Florida Times-Union. No one was hurt and Ratledge has said he didn’t remember the incident and his Jacksonville criminal attorney argued Ratledge had a bad reaction to a sleeping pill.

During the trial, an officer testified that Ratledge told the officer “he made a mistake and did not want to talk about the incident,” the newspaper reported. Immediately after the comment was made, Ratledge’s Jacksonville Trial Attorney asked for a mistrial, but the judge denied the request and Ratledge was eventually found guilty by the jury, the newspaper reported. But the job of a Jacksonville Trial Attorney does not end there. Following a trial, there are other measures a Jacksonville Criminal Defense Attorney can take to work to get a new trial in the case. In this Jacksonville Gun Crimes case, the attorneys focused on the officer’s testimony and found previous cases that showed similar testimony resulted in the conviction being thrown out. The issue was that by saying what Ratledge said, the officer violated Ratledge’s Fifth Amendment right against incriminating himself.

Typically, these issues are handled in appellate courts and can come a year or more after the trial. Attorneys routinely file motions for new trials following a case. In this Jacksonville Gun Crimes case, the judge saw the error and ordered a new trial before Ratledge was sentenced to prison. He was facing a minimum mandatory sentence of 20 years in state prison and up to 120 years – 20 years for each of the six counts. At 56, much more than the minimum 20 years could end up effectively being a life sentence for Ratledge. Ratledge had been in jail awaiting sentencing, but will now have a hearing next month to determine if he can be released on bond until the second trial – or until the case resolves, whichever the case may be. It seems likely that there will be another trial – there’s nothing of consequence the state lost in terms of evidence. They’ll have to make sure the officer doesn’t say something similar on the stand, but prosecutors can essentially run the same case. This Jacksonville Gun Crimes case is a prime example of how a Jacksonville Trial Attorney’s work continues after the actual trial is complete – even after a conviction would seem to end the case.

The man who drove his van into a Jacksonville home and killed a sleeping 17-year-old was sentenced this month to 12 years in state prison. Ismet Sijamhodzic ran a stop sign and his car left the road, driving onto the lawn and through the front bedroom of the Southside Jacksonville home, according to a report published on News4Jax. The 52-year-old man had a marijuana and prescription medication used to treat depression in his system at the time of the crash, the television station reported. Sijamhodzic pleaded guilty earlier this year to vehicular homicide, a second-degree felony with a maximum sentence of 15 years in state prison. Instead of seeking the maximum, prosecutors asked for a 12-year sentence because Sijamhodzic did not have a criminal record and because the family of the victim was in agreement that 12 years was a sufficient amount of time in prison.

Vehicular homicide is a Jacksonville Traffic Charge in which the state must prove someone was killed and the death was “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another,” according to Florida law. In this Jacksonville Traffic Case, Sijamhodzic went right through a stop sign and hit the home with enough speed and force that the van went through the front of the home and into the teen’s bedroom. While there was no intent to harm her, there doesn’t need to be one in this Jacksonville Traffic Case. There only needs to be evidence that the person was driving recklessly and, Sijamhodzic and his defense team must have felt there was enough there in this Jacksonville Traffic Case that it was worth taking a deal and resolving the case. In many similar cases, the judge will hold a sentencing hearing to hear from both sides where they state their case and desired sentence. Often, the judge will then set a date for a couple of weeks following the hearing to announce the sentence.

Sijamhodzic says he still does not remember the crash. He told police he bought a Xanax from his niece and took it that day, but he thought it was a painkiller. The state chose to charge him with vehicular homicide instead of DUI manslaughter, likely because running the stop sign provided obvious proof needed in the case. Had prosecutors chose DUI manslaughter, they would have to prove that Sijamhodzic was impaired at the time of the crash, which is more difficult with drugs that can stay in your system for several days. Plus, DUI manslaughter has the same maximum sentence as vehicular homicide, so prosecutors can pick and choose which one best aligns with the fact of their case.

An Army recruiter was arrested this month on a sexual battery charge, accused of having sex with Clay County high school student. Reginald Richardson is charged with sexual battery on a person between the ages of 12 and 18, according to a report in the Florida Times-Union. The victim told a school official she had repeatedly refused to have sex with the 39-year-old Richardson, but eventually agreed so he would leave her alone, the newspaper reported. The alleged assaults occurred three or four times this calendar year, according to the newspaper report.

Many cases of Clay County sexual battery such as the one Richardson is charged with are second-degree felonies with a maximum sentence of 15 years in prison. But, in this Clay County Sex Crime Case, prosecutors are saying that Richardson had a “familial or custodial” relationship with the victim. Legally, that can make the crime a first-degree felony, punishable by up to 30 years in prison. The “familial or custodial” role often applies to stepfathers, grandparents, teachers or people who have a leading role at a church, such as a pastor or youth group leader. The crux is the adult accused is said to be using his or her position as an authority figure to coerce the child or teen into having sex. Whether the defendant uses that role as a point of influence is inconsequential, according to Florida law. The mere presence of that relationship is enough to make the charge a first-degree felony.

The relationship in this Clay County Sex Crimes case is not clear, based on the newspaper report. There is also a provision of the “familial or custodial” element that applies to a person who is “in a position of control or authority as an agent or employee of government,” according to Florida law. The state could be using Richardson’s role in the military to quality as the custodial trigger to elevate the charge to a first-degree felony. At the time of the initial news of the arrest, an Army spokesperson said it had not received notification of the arrest from police, so it had not taken any disciplinary action against Richardson, the newspaper reported. While any felony charge can be difficult to live down, it is even worse in Clay County Sex Crimes Cases. Our system is built around an accused being innocent until proven guilty but with sex crimes, it seems an accusation is all society needs to brand someone as rapist or a pedophile. Our Clay County Sex Crimes Attorney has represented hundreds of people accused of various sex crimes and can go over the details of the investigation with you and explain the ramifications of a guilty plea or a conviction in a Clay County Sex Crimes Case that are often more permanent than in other types of crimes.

Police arrested a man accused of taking a wallet and cellphone out of a car while the driver was renting a movie from an outdoor kiosk. Christopher Tate turned himself in after seeing his picture on the news in connection with the crime, according to a report in the Florida Times-Union. Tate is now charged with Florida burglary from an unoccupied structure and grand theft. Both charges are third degree felonies, punishable by up to five years in state prison, so Tate could be looking at up to 10 years in prison.

In Clay County Theft Cases, taking something valued at less than $300 is a misdemeanor punishable by no more than a year in the county jail. The crime becomes a felony at $300 and then exposes the defendant to up to five years in state prison. In this Clay County Theft Case, the phone Tate is accused of taking was valued at $600, which made the case a felony. The other charge Tate is facing in this Clay County Theft Case is burglary. While the two terms are often used interchangeably, there’s an important distinction to be made in between a robbery and burglary in Clay County Theft Cases. A burglary is taking something from a building or a car. In most Clay County Theft Cases, burglary is a third-degree felony. It can become a second-degree felony if the suspect is accused of going into a home with people inside, or if the person has a weapon on his or her person.

A robbery is a Clay County Theft Crime where someone is accused of taking something directly from another person by using or threatening violence to force the victim to hand over the money or other property. Robbery is viewed much more seriously by the court in Clay County Theft Cases. At the bare minimum, robbery is a second-degree felony. If the defendant has a weapon, the crime is a first-degree felony punishable by up to 30 years in prison. If the defendant is accused of showing the weapon in the course of the robbery, he or she could be sentenced to up to life in state prison. Burglaries and robberies are both serious Clay County Theft Crimes, but they are not treated equally by the court system. Our Clay County Theft Attorney is experienced in defending both types of crimes and will thoroughly investigate the case against you or your loved one.

Police arrested fewer people and issued fewer criminal citations during this year’s Florida-Georgia game than they did last year. They were 32 arrests in Duval County, including two on felonies, compared with 38 arrests in 2012, three of which were felonies, according to a report in the Florida Times-Union. Police also issued 64 criminal citations, down significantly from the 111 handed out last year, the newspaper reported.

Criminal citations are issued for minor Jacksonville Misdemeanor Crimes such as possession of alcohol by a minor. When a citation is issued, the person will be given a date to appear in court on the alleged violation, but will not have to spend the night in jail. The annual Florida-Georgia football game brings partiers downtown from all over, including those who park their RVs near the stadium start on Wednesday for a Saturday game. Police could likely make hundreds of arrests in and around the downtown entertainment district, but appear to focusing more on keeping people safe rather than making arrests. People, especially college students, often make poor decisions when alcohol is involved and it can be unfortunate when someone ends up with a criminal record for a minor scuffle at a football game. Anything from a Jacksonville battery charge for a fight to DUI to even indecent exposure can be a potential charge if things get out of hand.

And while the initial thought is often to just pay the fine or plead guilty and get it over with, that can end up being a decision that sticks with a person forever, even if it is just a Jacksonville Misdemeanor Case. By paying a fine, you are admitting guilt. That goes for a minor in possession of alcohol, just as it does for a speeding ticket in Jacksonville Traffic Cases. Even if it involves coming back to Jacksonville to appear in court, the decision can pay big dividends in the long runs. Jacksonville Misdemeanor Attorneys know the system and can help a defendant to have adjudication withheld, which means a conviction or plea would not appear on a person’s record if they meet certain requirements. Students go to college to help them find a job when they leave and a poor decision on a celebratory weekend shouldn’t get in the way of their career prospects.

A man initially sentenced to the maximum 30 years in prison for his conviction on a sexual battery must be sentenced again, a Florida court ruled this month. Percy Torres will now face between nine and 30 years in state prison when he is sentenced again in this Jacksonville Sex Crimes, Case, according to a report in the Florida Times-Union. Torres was charged with capital sexual battery for allegedly ripping a woman’s clothes off and forcing her to have sex with him after they had drinks at a Jacksonville bar, the newspaper reported. But a key to Torres’ defense was that the sex was consensual and, to that point, Torres said he had consensual sex with her before, had been dating her and was dancing with her at the bar before the alleged incident, the newspaper reported.

The judge admonished Torres, who is married, for his infidelity in imposing the sentence and that’s where the higher court found an issue, the newspaper reported. Torres’ marital status should not have been a factor in the sentencing and now a different judge will sentence him in this Jacksonville Sex Crimes Case. Judges each bring their own set of values and opinions to the bench – they are humans and have their own life experiences that guide their decisions. And people’s opinions on judges’ sentences can often sway based on their desired outcome. One minute people are blasting minimum mandatory sentences for taking the power out of the judge’s hands, but once they don’t like what the judge says, they think the judge has too much power. This Jacksonville Sex Crimes Case, though, is a prime example of how precise the rules and procedures are in criminal law and how even a slight misstep can be recognized by a higher court and force a second look at a case. Convictions and sentences can be reversed when there are issues with the instructions read to a jury before it deliberates, when a judge makes an incorrect decision on whether to allow certain testimony or even when a witness says something in front of the jury that goes beyond the scope of where he or she is an expert.

In every criminal case, including Jacksonville Sex Crimes Cases, our Jacksonville Criminal Defense Attorney will comb through all of the evidence to make sure police and prosecutors followed the law in investigating the case. Many people often bemoan the “loopholes” in cases, similar to the one applied in reversing the sentence in this Jacksonville Sex Crimes Case, but when a person’s freedom is at stake, everything must be done by the book.

State lawmakers are looking at adjustments to Florida’s strict 10-20-Life gun crimes laws, and a Jacksonville Gun Crimes Case is being touted as an example of why excluding “warning shot” cases may be beneficial. The state has been holding hearings about revisions to the controversial Stand Your Ground law, but is now focusing in on possible changes to the 10-20-Life law, according to a report on News4Jax.

The state law now provides the following minimum mandatory sentences for Jacksonville Gun Crimes:

 10 years for showing a gun during the commission of a felony  20 years for firing a gun during the commission of a felony  Life in prison for shooting someone on the commission of a felony

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