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A man who shot and killed another man during an argument in a fast-food drive-thru will not face criminal charges.  Prosecutors ruled, nearly a year after the New Year’s Day 2015 shooting, that the 29-year-old man was acting in self-defense, according to a report in the Florida Times-Union. He could have faced charges including murder or manslaughter, both of which could have sent him to state prison for decades. Instead, the man will not face any criminal charges.

Police said the 29-year-old man pulled into a drive-thru line and, when the car in front of him did not move, drove around that car, the newspaper reported. A passenger in the car yelled at the man as he drove past, which started a confrontation, and the second driver then pulled out a gun. When the passenger and the 29-year-old driver both got out of the cars, police said the passenger charged at the driver yelling “You want to die?” and the driver shot him one time in the chest, the newspaper reported. The driver called 911, drove home and cooperated with police.

In Florida, if someone is threatened with the use of deadly force, the person does not have the duty to retreat and can use deadly force to defend himself or herself. Many have sought protection under the so-called Stand Your Ground Law, but very few times is it granted by a judge. In this Clay County Gun Crimes Case, charges were never filed by prosecutors. The state investigated the case for several months and then ruled the shooting justified because of self-defense, citing the Stand Your Ground law, the newspaper reported.

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A Jacksonville man who is a registered sex offender is on the run, possibly still handcuffed.  According to a report in the Florida Times Union, the man was at the Jacksonville Re-Entry Center trying to register as required by Florida law and the police discovered that he had failed to register sometime in the past.  Police arrested and handcuffed the man before letting him go to the restroom.  The man allegedly jumped out of the bathroom window and is still at large.  He was required to register because he had been convicted of Lewd or Lascivious Battery in Duval County. There are now two sex crime warrants outstanding for the man.

In Jacksonville and all over the State of Florida, convicted sex offenders and predators must submit all of their information to a registry.  Of all crimes, sex crimes are the only ones that will follow you visibly in the community for the rest of your life.  If you are adjudicated guilty or receive a withhold of adjudication on a sex crime, you must register in the county where you reside.  This requirement also applies to convictions by a military tribunal, including courts-martial by the Armed Forces of the United States.  Some examples of crimes that require registration are sexual battery, lewd or lascivious molestation or battery, unlawful sexual activity with a minor, sexual performance by a child, possession of computer child pornography, kidnapping a child under 13 and false imprisonment of a child under 13 years of age.

If you are required to register, within 48 hours of being released from custody or from moving into Florida, you have to:

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A Clay County fire/rescue officer has been arrested in Clay County on allegations he sold heroin.  According to a report in the Florida Times Union, the officer sold the drug to an undercover detective at a meeting site in Clay County.  The officer allegedly sold the detective the heroin for $40.00.  The incident was videotaped by a hidden recording device, according to police.  Even though the sale took place, the officer was not arrested until an arrest warrant was signed and issued.

Clay County arrest warrants are not uncommon in drug deals, buying or selling.  The police will make contact with a supposed drug seller and form a “relationship”.  The police will make one buy and go on about their way. They then proceed to rack up more sales over the next week or so and then ultimately make all of the drug sale arrests at the same time.  Police use this tactic to increase the penalties one is facing to increase the chance of a plea to the charges.  It seems irresponsible to leave a drug seller on the streets for weeks if the police really wanted to protect the community. Even so, this tactic is not only used by the Clay County Sheriff’s Office, but is also used by the Jacksonville Sheriff’s Office.

The officer in this case is facing a second degree drug sale felony.  The sale of heroin is punishable by up to fifteen years in prison.  In many cases, police receive a tip from a confidential informant, likely working off a case of their own, that someone is selling a drug.  The informant is usually the middleman between police and the suspect.  The informant can conduct the “buy” on their own or simply make an introduction.  Often times, the informant or drug detective is wearing an audio or video recording device.

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A St. Johns County jury found a man guilty last month – but not of the first-degree charge the state indicted him on.  Instead, the man was found guilty of second-degree murder and kidnapping, according to a report in the Florida Times-Union. Police said the man and his roommate beat another man to death and tried to burn the body and a car on a deserted road, the newspaper reported. The roommate pleaded guilty to second-degree murder earlier and agreed to testify against the man who went to trial in the case, the newspaper reported.

The difference between first-degree murder and second-degree murder can be enormous when it comes to sentencing and this St. Johns County Violent Crimes Case is no different. If a person is convicted of first-degree murder in Florida, there are only two sentencing options: life in prison without the possibility of parole, or the death penalty. If the charge is second-degree murder, the judge has far more latitude in terms of issuing a sentence. Life in prison is still an option, and many people are sentenced to life in prison on second-degree murder charges, but there is at least a chance now that this 27-year-old defendant will be released.

For a person to be found guilty of first-degree murder, the state must be able to prove to a jury beyond a reasonable doubt that there was a premeditated intent to kill another person. In this St. Johns County Murder Case, the jury apparently had an issue with determining premeditation. Second-degree murder, however is defined by statute as: “The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.”  During a St. Johns County Criminal Trial, jurors are informed of the charges against the defendant, but also in most cases given a list of other charges that they could apply. These are called “lesser included charges,” and this St. Johns County Murder Case is an example of a jury choosing that option.

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A Jacksonville man pleaded guilty to 14 charges related to a 2014 drunken driving incident, but the state backed off the most serious charge he was facing.  The man was initially charged with attempted second-degree murder for driving his vehicle at officers that were trying to speak with him, according to a report in the Florida Times-Union. He could have faced up to life in prison for the attempted murder charge, but also still faced three other serious felonies among the other charges. The man was accused of fleeing two separate hit-and-run crashes before ramming into a police car and going into a ditch, the newspaper reported.

The series of charges includes three felonies: aggravated battery on a law enforcement officer, aggravated fleeing or eluding a law enforcement officer and resisting an officer with violence. The aggravated battery and aggravated fleeing charges are both first-degree felonies with a maximum penalty of 30 years in prison on each count. The resisting an officer with violence charge is a third-degree felony with a potential prison sentence of five years. Among the misdemeanor charges are five counts of DUI causing property damage and three counts of leaving the scene of an accident. Police also found marijuana on the 63-year-old defendant at the time of the crash and he was also charged with misdemeanor marijuana possession.

Even with just the charges the man pleaded guilty to, he was looking at up to 65 years in prison and several years in the county jail if he had been sentenced to the maximum on each of the charges. Instead, he was sentenced to a variety of different lengths of sentences on the charges, but the effective length is one year in the county jail. That is because the judge choose to run the sentences concurrently, which means he serves all of the sentences at one time. The other option for judges is to run the sentences consecutively, which means he would serve one sentence and, when that one is completed, move on to the next one and on down the line. Once the man is released from jail, he will be on probation for 10 years. If someone violates probation, he or she can then be sentenced to the maximum time on the charges he pleaded guilty to. So, in this Jacksonville DUI Case, the defendant could be looking at serious prison time if he does not stay out of trouble while on probation.

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While Bill Cosby has certainly been accused by many women of sex charges, only one case to date has been filed. Cosby faces prosecution in Pennsylvania for allegedly giving the woman drugs without her consent and having sexual relations with her. Los Angeles prosecutors have recently decided not to charge the television star in two accusations from two woman in the California city, according to an article in the LA Times.

In one of the cases in California, prosecutors decided there wasn’t enough evidence to prosecute this alleged sex crime. In Jacksonville and all of Florida, this alleged crime would most likely be categorized as a Sexual Battery without force. To prove this, the state attorney would have to show that the suspect’s sexual organ penetrated or had union with the victim’s sexual organ. They would also have to prove the victim was physically helpless to resist or that the suspect administered a narcotic or other intoxicant to the victim unknowingly and without her consent that rendered her incapacitated. These Jacksonville sex charges are sometimes hard to prove because the victim admits that he or she was not of sound mind at the time and most likely cannot provide details. Often times, prosecutors will bring a sex case just based on the alleged victim’s word. Sometimes, there is no physical evidence to even prove that a crime was committed at all.  This is a scary prospect because the punishments are so severe if one is convicted of any sex crime in Florida. There are minimum mandatory sentences and a lifetime sentence of becoming a registered sex offender or predator.

The other California case was not brought because of the expiration of the Statute of Limitations. The Statute of Limitations is a bar on the prosecution of crimes because of too much time lapsing. In Florida, there are several categories with different time limitations. There is no time limit for the state to prosecute life felonies or capital felonies. These cases consist of murders and certain sex crimes, such as capital sexual battery. A first degree felony must be prosecuted within four years after the offense date. A second and third degree felony in Florida must be commenced within three years. First degree misdemeanors hold a two year time limit and second degree misdemeanors hold a one year time limit.

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At the very end of 2015, a bill was introduced in the Georgia legislature that would make possessing any amount of marijuana a misdemeanor. As the law currently stands in that state, and many other states, possession over a certain amount constitutes a drug felony charge. In Georgia, if you are found to have over one ounce, or just over 28 grams of pot, it is considered a felony charge. If this new law passes, it doesn’t matter how much pot you have. All Georgia marijuana possessions would be a misdemeanor and if convicted, you would face up to 12 years in jail, no prison.

One of the primary reasons this bill was introduced, according to the article in the Florida Times Union, is to avoid making so many citizens convicted felons over possession of this drug. When you are a convicted felon in Georgia, Florida or any other state, you lose many rights we enjoy in the United States. You will not be allowed to vote in any election, you may not be able to travel to many countries, you will never be allowed to possess a gun or even be around guns, you cannot sit on a jury panel and you cannot receive several governmental benefits. Perhaps above all, being a convicted felon will limit your employment options for the rest of your life.

In Florida, it is some level of crime to possess any marijuana. If found in possession of less than 20 grams of pot in Jacksonville, you are facing a first degree misdemeanor. If you have no criminal history, the officer who finds the pot may issue you a Notice to Appear. This piece of paper is given instead of an actual arrest where you are put in handcuffs and taken downtown. A court date will have to be made and the case will be handled in County Court in Duval. It is important to consult with a Jacksonville Marijuana Possession Attorney before you make any decisions on your case because if convicted of possessing even a little amount of marijuana, you are facing up to 12 months in jail and losing your Driver’s License for 2 years. If you are found in possession of more than 20 grams of marijuana, this is a third degree felony in Duval County, punishable by up to 5 years in prison. If you even have one marijuana plant in your possession, that is also a third degree felony. If you possess large amounts of pot, there is a marijuana trafficking charge in Florida that can send you to prison for years.

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A man set for trial this month on charges that he killed three people in 2013 will have his case heard in St. Johns County, a judge ruled.  The man is accused of killing his wife and his two children in Central Florida, according to a report in the Orlando Sentinel. Police said the man has admitted to killing his wife but has denied any involvement in the death of their children, who were last seen in 2013 and are believed to be dead, though they have not been found, the newspaper reported. As one might imagine, the case has generated a plenty of attention from newspapers and television stations in the area.

The defendant’s criminal defense attorneys filed a motion to have the trial moved outside of Central Florida, arguing that the media attention would harm the man’s right to a fair trial in front of an impartial jury. These requests are made frequently in high-profile Florida Murder Cases, but are not often granted. Moving the trial can be expensive and cumbersome, and prosecutors in most cases will argue against moving the trial.   In this case, however, the judge agreed to move the trial from Deland in Central Florida to the St. Johns County Courthouse in St. Augustine, the newspaper reported. The two cities are about 75 miles away. When trials are moved for the purpose of being able to convene an impartial jury, the move is often made to the closest city where the sides can agree jurors wouldn’t know about the case. They key is moving it outside the media market. Jurors in St. Johns County residents may have heard of the case, but likely would not be aware of the intense media attention that was given to the case in the Daytona Beach or Orlando media markets.

Another issue is whether the media attention has been concentrated to a particular region. For example, defense attorneys sought to move the trial of a Jacksonville man eventually convicted of shooting a teen in a dispute over loud music at a gas station. The judge decided to keep the trial in Jacksonville, at least in part because the case had generated so much national and statewide media attention that moving the trial 75 miles as in this Florida Murder Case would not make that much of a difference.  The right to trial in front of a fair and impartial jury is essential to our criminal justice system. Defendants are innocent until proven guilty and it the state’s responsibility to prove guilt beyond a reasonable doubt.  Our St. Johns County Criminal Defense Attorney represents people accused of all types of crimes and will thoroughly investigate the case against your or your loved one so you can make the best decision on how to proceed with the case.

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A tip from an anonymous party has led to the arrest of a St. Johns County woman for a hit and run crash injuring a St. Johns County officer. According to a report on news4jax.com, early on the morning of New Year’s Day, the police car was hit from behind. The at-fault driver allegedly then fled the scene. After a day of searching, police receive a tip from a non-identified person that leads them to a car matching the description of the offending vehicle. The car had damage consistent with the crash and was actually located on a tow truck leaving the home of the suspect. The suspect allegedly admitted to driving the night of the crash.

The suspect will likely be charged with Leaving the Scene of an Accident which results in injury to a person “other than serious bodily injury”. Police reported that the victim officer had minor injuries. When someone is arrested for this St. Johns County driving crime, it is a felony of the third degree punishable by up to five years in prison. Injuries sustained from a hit and run are considered “serious” if the injury creates the substantial risk of death, disfigurement or impairment of the function of a body part or organ. If convicted of a serious bodily injury leaving the scene of an accident, an offender faces up to fifteen years in prison because the charge is a second degree felony. Obviously, the most serious hit and run cases involve leaving the scene that results in a death. Under Florida law, if the crash results in the death of a person, all drivers have to stop immediately and render any aid they can. If convicted of leaving an accident involving death, a driver faces up to thirty years in prison because it is a first degree felony. This driving charge also carries a four year minimum term of imprisonment. This means a suspect must serve four years day for day, minimum.

While it is still early, the suspect in this case will certainly be under increased scrutiny because the victim of the crash is a police officer. At a minimum, if convicted, she will be required to make restitution to the victim for any damage or loss. Also, she faces a mandatory three year driver’s license revocation. Before her license can be reinstated, if convicted, she must have completed the Victim’s Impact Panel, which is a presentation put on by Mother’s Against Drunk Driving.

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A man accused of stealing items from a Clay County store is now looking at even more serious charges after allegedly beating a man who tried to stop him from shoplifting.  Police and witnesses said the man was running out of the store with items he didn’t pay for when another man tried to tackle him, according to a report on News4Jax. The man who tried to stop him was injured and several other shoppers jumped on the accused shoplifter and held him there until police could arrive, the television station reported. Once police arrived, the man was arrested and charged with grand theft, retail theft, felony battery and resisting arrest.

Felony battery is a third-degree felony with a maximum penalty of up to five years in state prison. Battery is not always a felony, it depends on the injuries suffered by the person who was struck. Battery becomes a felony if someone hits or strikes a person against their will, and, causes great bodily harm, permanent disability, or permanent disfigurement. In this Jacksonville Battery Case, witnesses said they could see part of the victim’s bone coming from his leg, so that’s likely why the crime is charged as a felony. There could be an element of self-defense in this Jacksonville Felony Case, though prosecutors will likely argue the defendant put himself in the situation where he could be tackled by running out of a store with things he did not pay for. And while police will never encourage people to take the law into their own hands as the man who was injured did, it is also highly unlikely that he would be charged with a crime. But, by fighting with a man who tried to stop him, the defendant added a felony to his list of charges.

The defendant is looking at another felony in this case for grand theft. In Jacksonville Theft Crimes, the severity of the charge – and thus the corresponding punishment – is based on the value of the property in question. The key number in Jacksonville Theft Cases is $300. If the value alleged to be stolen is less than $300, the case is a misdemeanor and the maximum punishment is one year in the county jail. However, once the $300 threshold is crossed, the case becomes a felony and the maximum punishment increases to five years in state prison.   Our Jacksonville Criminal Defense Attorney represents people arrested on all types of charges, from misdemeanors on up to life felonies.

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