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The Florida Constitution (Article I, Section 14) gives a Jacksonville criminal defendant the right to be released from custody pending the outcome of his or her criminal case. Furthermore, Rule 3.131 of the Florida Rules of Criminal Procedure requires the court to conduct a hearing to determine pretrial release. This Jacksonville Bond Hearing is referred to as a criminal defendant’s first appearance. It must be conducted within 24 hours of arrest. At the bond hearing, the presiding judge must consider a variety of factors, including, but not limited to, the factors that are set forth in Rule 3.131(b)(3). Rule 3.131(b)(3) states:

“In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant’s release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant.”

It is important for a Jacksonville Criminal Defendant to have a Jacksonville Criminal Lawyer that will present evidence to the court in order to establish that the defendant is entitled to a reasonable bond or that the defendant should be released on his or her own recognizance.

As a Jacksonville Criminal Defense Lawyer, I have attended many Jacksonville bond hearings. In Jacksonville, a criminal defendant is given a first appearance where both the State Attorney and the defendant (or his lawyer) can present arguments and evidence. However, this is not always done. Due to the large calendar that Duval County judges are confronted with, first appearance court is often rushed. This results in an injustice to the defendant, a breakdown of the criminal justice system, and a violation of the Constitution.

Yesterday, an opinion was released by the Florida Second District Court of Appeals addressing this issue. In 

Greenwood and Rice v. State, 36 Fla. L. Weekly D256c (Fla. 5th DCA 2011), the court did not conduct a proper bond hearing. The court did not permit the criminal defendants to testify. Instead, it “directed them to file motions for bond reduction, at which time they would be given a much greater opportunity to present evidence so that the matter could be more carefully considered by the court.” This was improper. The Florida appellate court ruled that “it is error for the trial court to refuse to give defendants at least a very brief opportunity to be heard at the first appearance hearing if they insist on it, even if defendants might be better served by a later hearing.” The court reasoned that the judge in first appearance court “must at least give the defense a reasonable amount of time to respond to the State’s presentation and, at the very least, must allow the defendant, upon request, to be sworn in and to briefly testify as to the relevant factors.”

There has been a recent string of thefts of memorial vases from cemeteries in Jacksonville and Orange Park, Florida. Nicolas Whithey, Jessica Arnold, and Nicholas Dennison were arrested by the Jacksonville Sheriff’s Office in reference to the Duval County Florida grand thefts. Dennison is being held on a warrant for the Clay County Florida grand thefts. Therefore, Dennison’s Clay County Criminal Attorney will need to defend charges brought in both counties.

If Dennison is seeking to enter into a plea bargain in his Clay County and Duval County Florida theft cases, his Clay County Criminal Attorney should obtain a joint disposition. Although two different assistant state attorneys (one for each county) will be assigned as prosecutors in the cases, the State Attorney offices in Duval and Clay County are both in the Fourth Judicial Circuit. Thus, they both are headed by Angela Corey, and the offices work together.

As a Criminal Defense Lawyer in Clay County and Duval County, I have had clients that have been charged with crimes in both counties. If my client is going to enter into a plea agreement in one county, I need to have disposition that works with it in the other county. Therefore, it is important to address this in negotiations with both the Clay County and Duval County state attorneys.

St. John’s County Florida legislator, Mike Weinstien, is the Florida State representative for District 19. Weinstien drafted a bill and has presented it to the House “that would give juveniles a chance at parole 25 years into a life sentence. If denied, they can try again every seven years.” In 1983, Florida abolished its parole system. Therefore, one needs to be established or incorporated into the Florida Office of Executive Clemency.

Weinstien stated that “he is not seeking to extend parole options to adult inmates or juveniles convicted of homicide.” Creating an option of parole in Florida Juvenile cases come on the heals of the Jacksonville juvenile case of Graham v. Florida, holding that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole.

Today, a 17-year-old boy, Eric Francis Sandefur, was charged with the stabbing death of a homeless man, Jason Jerome, in Jacksonville, Florida. His Jacksonville Criminal Defense Lawyer and Public Defender entered a plea of not guilty on his behalf. His Jacksonville Criminal Defense Lawyer may have pled not guilty for several reasons. The defendant may have requested that she do so, order for him to obtain a private Jacksonville Criminal Defense Lawyer. Otherwise, his Public Defender likely needs more time to conduct an investigation. 

Jacksonville media reports that police have obtained a video that “shows a figure in what appears to be a jacket and tie holding a knife while Jerome backs away, his shoulders covered by a blanket… Sandefur, who was arrested two days later, made statements to investigators that he wanted to know what it felt like to kill someone.” Undoubtedly, his attorney will want to investigated his statement and review the video carefully.

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer to review your case, make the proper determinations, and make sure your rights are being protected.

Once a Jacksonville Criminal Defendant is arrested and goes through his first appearance/bond hearing, the State Attorney’s Office will determine whether or not former charges will be filed. In most cases, charges are filed through an information, which is a formal charging document. If charges are filed, the Jacksonville Criminal Defense Lawyer will enter a plea of guilty, no contest, or not guilty on the defendant’s behalf.

If the Jacksonville Criminal Defendant pleads guilty, he or she is admitting his guilt and will be sentenced. If the Jacksonville Criminal Defendant pleads no contest (nolo contendere), he or she is not admitting guilty, but is entering the plea as a matter of convenience. The defendant will still be sentenced as if he or she entered a guilty plea. Additionally, the no contest plea will have the same legal ramifications as a guilty plea. If the Jacksonville Criminal Defendant pleads not guilty, he will not be sentenced at this time. Instead, he will contest the charges and may change his guilty plea at a later date, depending on the circumstances of his Jacksonville Criminal Case.

Once a defendant pleads guilty, he or she has several decisions to make (read Jacksonville Criminal Attorney Discusses Pleading Not Guilty).

Once a Jacksonville Criminal Attorney enters a plea of not guilty on behalf of a Jacksonville Criminal Defendant, she must diligently move forward with the case. This consist of acquiring discovery (evidence, witnesses, documents, recording, etc.) that the State Attorney has in his or her possession. A criminal defendant will enter a plea of not guilty for several reasons (listed below). 

1. The obvious reason is that the defendant is not guilty. 
2. A defendant will plead not guilty, because the case requires further investigation.  The Jacksonville Criminal Attorney needs time to review the evidence against her client, search for witnesses and exculpatory evidence, take depositions, and determine if there are any constitutional violations.  
3. A Jacksonville Criminal Defendant may be overcharged. That is, he or she is guilty of a crime, but a lesser offense, not the crime charged. 
4. The Jacksonville Criminal Attorney and the State Attorney may be in the process of negotiating a plea agreement.  They need time to agree upon a sentence, so there may be a negotiated disposition of the case.  

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer.

As a Jacksonville Criminal Defense Attorney, I have represented people that were falsely accused of crimes. Among other things, this will severely damage a person’s reputation and will cost the defendant more than just money. Jacksonville Sex Crimes, including Jacksonville Sexual Battery, are one of the worse offenses that a person can be charged with. In some cases, a police officer (or person in a similar position) will be accused of Jacksonville Sexual Battery. However, Florida Law provides a punishment such false accusation.

Florida Statute Section 794.011(10) states, “any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree.” The type of person listed in paragraph (4)(g) includes “a law enforcement officer, correctional officer, or correctional probation officer… or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.”

Duval County teacher and church counselor, Kristina Hartless, was arrest on December 10, 2010 in Jacksonville, Florida. She was arrested for three counts of sexual battery, a violation of Florida Statute Section 794.011(8)(c). Local media reports state that Ms. Hartless is accused of having sexual intercourse with a teenage boy that she tutored. Although Ms. Hartless was arrested for Jacksonville sexual battery, which is often referred to as statutory rape, the State Attorney’s Office has not yet filed formal charges. Her bond was set at $50,000.

When it comes to Jacksonville Sex Crimes, it is important for a Jacksonville Sex Crimes Lawyer to conduct an early investigation. An investigation should include looking at the evidence and talking to witnesses in order to present any favorable evidence to the Duval County State Attorney’s Office prior to the formal filing of charges.

A Jacksonville criminal sentence can be concurrent or consecutive. A concurrent sentence it one that runs at the same time as another. Consecutive sentences run one after another. For example, imagine a Jacksonville criminal defendant is convicted of aggravated battery and possession of marijuana. She is sentenced to one year in the Duval County jail on each charge. If her sentence is concurrent, she will serve a total of one year, less any gain time. If she is sentenced to consecutive time, she will serve a total of two years in jail (one year for each charge).

Obviously, a Jacksonville criminal defendant in this situation would seek concurrent sentences. However, there are offenses that may mandate consecutive sentences, such at the 10-20-Life Statute.