Evidence

February 8, 2012

Armed Robbery Suspect Sought and Caught

The Jacksonville Sheriff’s Office (JSO) released an alert for Monique Hibbert wanted for alleged Armed Robbery back on January 20, 2012. Well, JSO has located their suspect, booked her, and charged her with Armed Robbery on February 2, 2012. JSO located the suspect when she was pulled over along with four others after allegedly shoplifting from a local department store.

The alleged incident occurred on January 9, 2012 when a woman matching Monique’s description entered Amy’s Beauty Supply brandishing a knife and stole 8 packages of hair weave. She left the store and a warrant was issued for her arrest.

Armed Robbery, in this case, would constitute a first-degree felony. A first-degree felony is punishable by up to life imprisonment and/or $10,000 in fines. This is a harsh penalty for such a low reward; 8 packages of hair weave. Under Florida Statute § 812.13, Robbery is defined as the taking of money or other property with the intent to permanently or temporarily deprive the owner of their interest in the property. However, just because JSO arrests and charges a Jacksonville resident with a Jacksonville Criminal Offense, does not mean a conviction will follow. Witness identification is barely reliable and largely incorrect. Surveillance footage can be grainy and distorted. Furthermore, if the police do not have adequate evidence to prove their case “beyond a reasonable doubt” a conviction cannot stand.

February 6, 2012

Jose Ferrer v. State: Jacksonville Consent, Search, and Seizure

by David M. Goldman

The 2nd DCA recently heard the case of Jose Ferrer v. State of Florida over the issue of whether the Defendant’s consent to enter the gate of his property and to talk about criminal activity permitted the Officers to walk behind the house, up the stairs, and therefore smelling marijuana. The Court ruled the search was not withing the confines of the 4th and 14th amendments and therefore reversed the Defendant’s conviction.

The Court based its conclusions upon the premise that searches conducted without a warrant are per se unreasonable unless conducted within a recognized exception. The Court went further and stated Consent is one such exception to the warrant requirement. However, the Court noted when a Consent search is conducted the scope of such search must remain within the confines of the consent given. The scope is based upon an objective reasonableness standard; what would a typical person understand the scope to be when giving permission to the Officers. In this case, the Officers approached the Defendant who was located behind the locked and electrified gate at his house. The Officers proceeded to ask permission to talk with him on the other side of the gate. The Defendant complied. However, when inside two officers proceeded behind the house and smelled the aroma of marijuana.

The Court concluded the Officers actions taken after permission given to enter and talk were unreasonable. Furthermore, the Court concluded a typical person’s consent to enter and talk would not authorize Officer’s to roam about the property without a warrant. Therefore, the Defendant’s conviction was reversed.

February 3, 2012

Can You be Charged with DUI on a Zamboni?

by David M. Goldman

As a Jacksonville resident and Hockey fan, I have seen many a Zamboni driver resurface the ice at a rink. But, this is a first for me. A local Zamboni driver in Minnesota was recently arrested on the suspicion of driving under the influence (DUI). Although located outside of the state of Florida the DUI laws are similar in many aspects.

According to the reports, the hockey coach of a local PeeWee team notified the police of the erratic behavior. The notification to the police was made after parents, players, and spectators witnessed the Zamboni driver weaving, running into the rink, and taking extended amount of time to resurface the ice. When the police arrived, they conducted a Field Sobriety test; which the Zamboni driver failed.

Florida’s DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages…[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. This is a peculiar case, as in the motor vehicle is a Zamboni, occurred in an enclosed area, and on ice. However, the statute just requires a “motorized vehicle” and driving or physical control.

January 31, 2012

District Appellate Court Reverses Case Where Defendant was Overcharged

by David M. Goldman

Recently, the First District Court of Appeals heard a case overcharging a defendant. Colbert v. State, 37 Fla. L. Weekly D264a (Fla. 1st DCA 2012). In Colbert, Harley Colbert was charged with burglary to a dwelling. He was accused of stealing a bicycle from the outside of Alejandro Rojas’ home. According to the evidence presented:

“Mr. Rojas resided in a two-story townhouse. Protruding from underneath the townhouse’s front door was a concrete pad that connected to a front walkway. One side of the concrete pad was open to the front yard, while the other side abutted a layer of mulch. On the opposite side of the mulch was the exterior wall of the townhouse’s garage. The concrete pad and mulch were partially covered by the eave of the garage and the townhouse’s second floor balcony, which was not supported by posts. The concrete pad and mulch were both visually and physically open to the street… Rojas’s bicycle was sitting on the mulch between the concrete pad and the wall of the garage. At some point, Rojas saw Colbert walking down his driveway with the bicycle.” Id.

Under Section 810.011(2), a “dwelling” is defined as:

January 26, 2012

Teen Breaks into Home, Charged with Burglary

by David M. Goldman

Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer’s home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer’s home and had to be physically restrained until police were able to arrive and take the young man into custody. He is currently being charged with Burglary with the intent to commit battery.

As a Criminal Defense Lawyer, when I hear about these types of incidents; I think about all the mitigating circumstances that surround the incident at hand. Could the alleged suspect have mental disabilities that would hinder his ability to understand his actions? Was the alleged suspect under the influence of medication or other drug that might negate his ability to reason? Or was there some other intervening circumstance that would negate the culpability for this alleged crime? These are just some of the avenues that a Jacksonville Criminal Defense lawyer will consider when handling your Jacksonville Criminal Case.

The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Also, you still have rights after your arrested and must make sure they are being protected. That is why if you or a loved one have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could prove to be all the difference in your case.

January 25, 2012

Truck Driver Murdered over Jealousy Trial Begins

by David M. Goldman

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.

January 23, 2012

Police Find Body Near Florida Lighthouse

by David M. Goldman

When a prosecutor must prove a murder case beyond a reasonable doubt, the more evidence that he or she has, the better the chances of conviction. On the other hand, when defending a murder case, you must look for the lack of evidence to establish reasonable doubt. The Casey Anthony trial is a prime example of a murder case that had a lack of evidence sufficient enough to result in an acquittal of murder charges. For instance, due to the extensive decomposition of Kaylee Anthony’s body, the exact cause of death was unknown. Therefore, this made it more difficult for a jury to convict Anthony.

Yesterday, police found a body near the St. Augustine Lighthouse, and they are working to identify it.”

News4Jax reports that “St. Augustine Police Officer Mark Samson said kayakers on an eco-tour found the body of a middle-age man in Salt Run and 10 a.m. and notified authorities. He said there was no visible trauma to the body. The man was carrying no identification and police are reviewing reports of missing men in the area. An autopsy was to be performed to learn the cause of death and dental records would be used to try and identify the victim.”

January 18, 2012

Florida Home Damaged by Fire Leaves the Question: What is Arson?

by David M. Goldman

A recent report of a home in Jacksonville being damaged by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. The cause of the fire is still being investigated. But leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads “any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling…any structure…any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being.” If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

December 27, 2011

What is corpus delicti and what is required to establish corpus delicti?

by David M. Goldman

Anyone who has watched crime dramas on TV or heard a Jacksonville Criminal Defense Lawyer speak have heard a multitude of Latin words throughout their discussions, but some are not always completely understood. One such word is “corpus delicti.” Corpus delicti generally means the physical evidence of a crime, (i.e. the dead body in a murder). Recently, the 2nd District court dealt with an issue pertaining to corpus delicti in Reinlein v. State of Florida.

In this case, the Court had to determine whether the trial court erred in allowing the defendant’s post-Miranda testimony regarding his consumption of an illegal substance before the State established the corpus delicti of tampering with physical evidence.

The defendant was witnessed by police officers exchanging something in a high crime area. Because the actual transaction was not witnessed, they put a patrol car on the defendant’s vehicle to follow him; hoping he would commit a traffic violation and initiate a traffic stop. Several blocks from the drug transaction, the defendant was being pulled over when the officer saw the defendant make a motion as if placing an object in his mouth. The defendant exited the vehicle and was arrested. The only evidence the prosecution presented was the post-Miranda statement from the defendant that he purchased drugs and consumed the drugs before being stopped. The State charged the defendant with tampering with physical evidence.

December 26, 2011

Can Consent to Search overcome an Illegal initial Search?

by David M. Goldman

In a recent case, Rozzo v. State of Florida, the 4th District Court heard an appeal from the Circuit Court for the 17th Judicial Circuit in Broward County. The issue presented before the court was whether the consent given by the homeowners after and unlawful warrantless entry and protective sweep of the home was valid and therefore the defendant’s motion to suppress should be denied.

The issue arose after the trial court denied the defendant’s motion to suppress the evidence discovered inside the house following his arrest. In this case, the defendant sold drugs to an undercover officer on the street by his house. The officers arrested the defendant on the street. The officers then moved to the house, owned by the defendant’s parents. The officers proceeded to order the parents to stay outside during the “protective sweep.” Then the officers got a signed Consent form to search the house. The search revealed other drug related items in the defendant’s bedroom.

The U.S. Constitution, 4th Amendment has established a high reasonable expectation of privacy regarding one’s home. Furthermore, Florida Courts have established absent consent or exigent circumstances, police may not enter a home without a warrant. Additionally, Florida Courts have only permitted a “protective sweep” if the officers have reasonable, articulable suspicion to protect the safety of the officers or to prevent the destruction of evidence.