Jacksonville Criminal Defense Attorney Blog

In criminal law and deciding on which crime to charge someone with, is all about establishing the defendant's intent. If a defendant has time to reflect before committing the action, then the defendant is acting with mens rea, or, a guilty mind. The punishment for someone who acts with this label of intent is usually higher than someone who acts in the "heat of passion."

For example, when someone acts out of a "heat of passion" usually means its no premediated. The person is enraged about something and instead of cooling off, he or she commits a terrible act and is ultimately charged with manslaughter (depending on the facts).

Manslaughter is still very serious and can carry extensive jail time but there are different elements involved as opposed to murder. There are different levels of intent for the different degrees for murder as well.

Continue reading " What is the difference between Manslaughter and Murder in Florida? " »

A 22 year old man was recently awarded over $15 million by a jury verdict. Allegedly, the defendant was driving under the influence and had a reported BAC of .21. The victim sustained severe head trauma.

However, there was an issue at trial as to whether some of the trauma was attributed to a preexisting condition. The award consisted of future wage loss, pain and suffering, past and future medical care. The burden of proof in a civil case is a lower standard than a criminal case. In a civil case, the burden of proof is by a "preponderance of the evidence" as opposed to "beyond a reasonable doubt."

What does "preponderance of the evidence" mean? It simply means more likely than not. The jury should be about 51% sure that the defendant is liable for whatever the plaintiff is alleging.

To learn more about this article, please visit Brain Damaged DUI Victim Awarded $15.4 Million Verdict in Florida Supreme Court Case - Leesfield & Partners, P.A.

Continue reading " DUI Victim Awarded over $15 million " »

The castle doctrine is a legal theory that most, but not all, states follow. It simply states that if someone invades your place of abode, your vehicle, or your place of work, and you have a reasonable fear that physical harm could be inflicted upon you, you have the right to defend yourself.

This includes causing death or serious bodily injury. Florida does follow the castle doctrine and courts, for the most part, have no trouble siding with the victim and against the intruder. However, if you do not believe you are in real danger, think twice before you cause serious injury or death because you will be forced to justify what you did later on.

If your reaction is not reasonable and overexcessive, then you can be criminally charged. It does not seem fair, but this induendo about the law is supposed to make someone think before reacting unreasonably.

Continue reading " What is the Castle Doctrine and does it Apply in Florida? " »

Unless you have been living in a shell for the last six months, most Floridians have heard about the infamous Casey Anthony case. Ms. Anthony has been charged with murdering her young daughter, Caylee. The young girl went missing last year and it seemed like all of central and south Florida helped look for her.

Unfortunately, Caylee's remains were found just this past year. A lot of speculation ensued as to what happened to her. Casey Anthony was charged with first degree murder. In otherwords, the murder was planned and the suspect had to time to reflect whether or not commit the action. Now, the big question remains, "will Casey testify?"

The 5th of Amendment of the United States Constitution along with the Florida Constitution allows a defendant to claim this privilege and not testify. A defendant does not have to take the stand and possibly incriminate his or herself. However, if the defense decides to put Casey on the witness stand, she cannot assert the right when the prosecution attempts to cross examine her.

To learn more about this article and the case, please visit Tears of Deception from Casey Anthony? Will the Accused Florida Mom Testify.

Continue reading " Will Casey Anthony Testify? " »

Apple has recently come out and stated that it will be banning DUI checkpoint applications for ios devices. Over the last few months, Apple has been pondering whether or not it should release such an application to the general public and risk bringing on unwanted controversy.

Fellow competitors, Google and RIM have not indicated their intent to remove such applications. It may take government involvement to determine whether or not these applications should be permitted for sale to the general public.

What does the application allow a user to do? It allows the end user to scope out DUI checkpoints that ARE NOT normally posted for notice purposes and avoid driving down that particular route. Most states have laws that govern checkpoints and the proper notice that must be given to the public of when and where a checkpoint will take place.

To learn more about this article, please visit Apple bans DUI checkpoint apps on iOS devices.

Continue reading " Apple says No to DUI Checkpoint App " »

Many of our clients come to us with these types of traffic violations. Florida statute 320.07(3)(c) governs this particular traffic violation. Basically, the statute reads if someone is driving with an expired registration for over six months, and he or she is a subsequent offender for the same offense, he or she could be charged with a second degree misdemeanor.

A second degree misdemeanor can carry up to 60 days in jail and a $500 fine. If you are driving with an expired tag or registration, don't. Its not worth it.

Pay to have your registration and/or tage renewed and do not worry about it. Its understandable that some people forget and are a few days late. There is no excuse to be six months behind. Remember, driving is a privilege, not a right.

Continue reading " Subsequent Offenses for Driving with an Expired Tag " »

The short answer is no. In the Florida case of Kaminski v. State, 63 So. 2d 339 the Supreme Court of Florida said that lie detector evidence “would not have been admissible directly and it was not admissible by inference.” The reasoning according to the court is that it is not sufficiently reliable to pass the Frye test for admissibility of scientific evidence under Florida law. "The results of a polygraph test remain inadmissible in both civil and criminal cases because of unreliability." Lane v. State, 762 So. 2d 560, 561 (Fla. 5th DCA 2000) (citing Farmer v. City of Ft. Lauderdale, 427 So. 2d 187 (Fla.1983); Kaminski v. State, 63 So. 2d 339 (Fla.1952))

This does not mean that the police or other investigating authorities may not use it for the purpose of investigating a crime or discovering new evidence. The police also claim it is a tool for ruling out suspects. This is probably the least probable justification of its use by the police and is more than likely a less portentious approach to getting persons of interest to voluntarily take one. Although you may pass a polygraph it does not mean the police will rule you out as a suspect in a crime.

Continue reading " Are Lie Detector Test Results Admissible in Florida? " »

The famous rapper, Flo Rida, was recently arrested in Miami, Florida, for DUI and driving with a suspended license. He allegedly blew a .185 (twice the legal limit). The officer states he stopped Flo Rida because he was swerving in and out of his lane.

Once Flo Rida stepped out of the vehicle, he was asked to perform a series of field sobriety tests. During the middle of one of the tests, he allegedly told the officer that he could not finish the test and asked if he could start over.

He then admitted to having a few drinks and was shortly thereafter arrested for DUI.

To learn more about this article, please visit Flo Rida Arrested for DUI in Florida.

Continue reading " Flo Rida Arrested on DUI and Driving While License Suspended Charges " »

The common public frequently mixes up these two criminal offenses (and also civil actions). Florida Statute 784.03 governs battery offenses and 784.011 governs assault offenses.

Battery requires the intentional touching of another against someone's will. Assault does not require any type of physical contact. Intentional threats and causing a well founded fear in another human being is how someone violates this statute.

For the most, simple assaults and batteries are classified as 2nd degree misdeamonors and jail time is a possibility.

If there is alcohol involved in a domestic support dispute and a suspect is charged with assault and/or battery, then there may be additional conditions that must be met before the suspect is released on his or her own cognition.

Continue reading " What is the difference between assault and battery in Florida? " »

Recently, the Jacksonville Sheriff's Office (JSO) is taking a lot of heat for a controversial homicide of a bail bondsman who was shot and killed by a JSO officer. Another bail bondsman was shot and critically injured, but is recovering st Shands.

The officer who fired the shots and who ultimately injured and killed the two bondsman is not saying much. Reports indicate that the bail bondsman were wearing black ski masks and holding sawed off shotguns. However, JSO officers were aware that the bail bondsman were in the area looking to pickup a suspect who had an expired tax and driver's license.

Officers responded to a call from a resident at the Mayfair Village Complex early Tuesday morning saying that there were men standing outside apartments with ski masks and guns who were trying to kick down doors.

To learn more about this article, please visitPolice: 2 Bail Bondsmen Shot By Officer.

Continue reading " Bail bondsman Accidentally Gunned Down in Jacksonville " »

Since the Florida legislature passed laws allowing redlight cameras, there has been an uproar as to its constitutionality and accuracy. Many Floridians are being issued citations for running red lights caught on camera. If the picture does not catch the driver's face, there should be a shot of the vehicle tag number and the tag can be traced to the vehicle's owner. However, the owner of the vehicle may not have been the one driving the vehicle at the time the light was ran. That is irrelevant in lawmakers viewpoint.

The Florida legislature says too bad and emphasizes that people should be careful who they lend their vehicles too. There is a host of constitutionality issues with these redlight cameras, most notably an invasion of privacy.

Central Florida citizens are upset because they feel the enforcement of the camera shots is erratic and very inconsistent even in comparison to neighboring counties.

Continue reading " Erratic Enforcement of Red Light Cameras Reported in Central Florida (Orlando) " »

CNN reports that plea negotiations with the former Senator John Edwards may have fallen apart due to the fact that prosecutors want him to serve some jail time for allegedly using campaign donations to cover up his affair with a videographer who worked on his 2008 presidential campaign. The former senator is alleged to have broken campaign finance laws which amount to a felony.

Apparently prosecutors offered Mr. Edwards a plea to some misdemeanors in exchange for leniency. Nevertheless, the former senator has stuck to his guns and stated that he did not break the law and “did not know he was breaking the law”. Unfortunately for Mr. Edwards, his ignorance of his alleged violation of the law may not be enough to save him. In general, ignorance of the law is no excuse for breaking it. I am afraid the former senator may have to make a deal with prosecutors if he wants to avoid a conviction for felony charges and minimize his jail time unless of course he is confident the prosecutors have no case. In a financial crime like this there is probably some credible evidence in the way of bank records which the prosecutors will rely on. If there is hard evidence showing a violation, it may be in Mr. Edwards best interests to get a plea deal.

Continue reading " Plea Talks With John Edwards May Involve Jail Time " »

An important trial is nearing the end in the central Florida region. The case will determine whether or not breath tests will be admissible in future DUI cases. Currently, the machines are the strongest form of evidence available to prosecute DUI cases.

Other evidence used to prosecute DUI offenders include police reports, law enforcement officer testimony, and lately expert witness testimony. In fact, in the Sarasota region, courts have mandated that if a prosecutor is going to introduce Intoxilyzer 8000 (breath test) results then expert witnesses must be used to verify the machines accuracy and results. Each time an expert witness is flown in, it costs close to a $1,000.00. Defense attorneys are in full support of prohibiting breath test results from being admitted into evidence. Research shows and there are several scientific studies available that indicate there are valid concerns with the accuracy of Intoxilyzer 8000 results.

To learn more about this article, please visit DUI trial could determine fate of breath-test machines.

Continue reading " Important Florida Case Regarding the Future of Breath Tests " »

Recently, there was a terrible six car pile up in central Florida. The man that caused the crash admitted to texting while driving and also to taking prescription medication before getting behind the wheel.

Amazingly, the crash did not seriously injure anyone from what investigators could tell at that time. However, a woman (involved in the accident) suffered a collapsed lung and died just days after the accident. Investigators believe her suddent death will be attributed to the accident. An autopsy report is scheduled to be released sometime this week.

Because there were not serious injuries at the time of the crash, officers were prohibited from taking the suspect's blood for DUI purposes. However, it has been reported by multiple officers on the scene that the suspect was "messed up" and "incoherent." Officers failed to give the suspect a breath test either, but really had no indication that he was under the influence of alcohol, just prescription drugs.

Continue reading " Woman Dies Days After a Six Car Pile Up " »