Jacksonville Criminal Defense Lawyer Blog

January 25, 2012

Truck Driver Murdered over Jealousy Trial Begins

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 24, 2012

Jacksonville Party goes Wild; One Dead, One in Critical Condition

by David M. Goldman

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff’s Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him “kicking” the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with “shooting a gun at the scene.” Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

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 23, 2012

Soldier Sentenced for Killing his Wife and Child

by David M. Goldman

A Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip’s behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or 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). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

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 with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 20, 2012

Woman Allegedly Robbed at Gunpoint Following a Pizza Delivery

by David M. Goldman

On Tuesday night a pizza delivery woman was allegedly robbed at gunpoint. According to reports, the woman completed a pizza delivery around 8 PM when, on her way to her vehicle, an armed man approached from behind and demanded all her money. The woman proceeded to throw approximately $180 on the ground. As the suspect retrieved the money from the ground, the woman ran back to the apartment and called the police. The identity of the alleged suspect is unknown because he was wearing a ski mask during the alleged incident.

If these facts prove to be true, the Jacksonville suspect could be facing charges of Armed Robbery. In an earlier Jacksonville Criminal Defense Lawyer Blog, I described the nuisances of Robbery and the penalties that could result from being convicted. In this case, the charges of Armed Robbery would constitute a first-degree felony, because a deadly weapon was used during the course of the robbery. The penalty for a conviction of a Jacksonville Armed Robbery could result in 30 years or life imprisonment and/or up to a $10,000 fine.

Armed Robbery is a serious criminal offense and should not be taken lightly. Also, taking on the Criminal Justice system alone is not always advantageous to a Jacksonville Criminal Defendant. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

January 19, 2012

Man Wanted for Alleged Armed Robbery

by David M. Goldman

Currently, Jacksonville Sheriff’s Office is on the hunt for a Jacksonville man wanted for the alleged arm robbery of a cell phone store last Friday. According to the Police reports, the man entered a Metro PCS store located on Soutel Dr. and demanded the money from the register while brandishing a weapon to the employee. No one was hurt during the incident, but the suspect did get away with an undisclosed amount of money. This incident leaves the question what is Armed Robbery and what are the penalties?

Robbery is defined within Florida Statute § 812.13; it reads, “‘Robbery’ means the taking of money or other property which may be the subject of larceny from the person or custody or another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of taking there is a use of force, violence, assault, or putting in fear.” Basically, if the property stole was taken in your presence and you were fearful of injury or death from an armed suspect, then an Armed Robbery has been committed.

There are two types of robbery; with or without a weapon. Robbery without a weapon is a second-degree felony, which could have a potential sentence of up to 15 years and/or a $10,000 in fines. In contrast, an Armed Robbery is a first-degree felony, having a penalty of up to 30 years or life imprisonment (as provided for in the Statute) and/or $10,000 in fines. These are harsh penalties and a Jacksonville robbery charge should not be taken lightly.

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.

January 17, 2012

Iraq War Veteran charged with Murder in California Homeless Slayings

by David M. Goldman

Former United State Marine, Itzcoatl Ocampo, was charged with four counts of murder in California for the deaths of four homeless men. Media Reports stated that “the killing spree began in December, raising concerns that a serial killer was preying on the homeless. Police and advocates then went on nightly patrols to urge them to sleep in groups or seek shelter.” Each victim was stabbed multiple times. There has been no evidence submitted “on the evidence against Ocampo, or a possible motive. But Anaheim Police Chief John Welter has said investigators are confident they have the man responsible for the murders.”

According to his family, Ocampo “was deployed to Iraq in 2008 and came back a changed man. He said his son expressed disillusionment and became ever darker as he struggled to find his way as a civilian. After he was discharged in 2010 and returned home, his parents separated. The same month, one of his friends, a corporal, was killed during combat in Afghanistan. His brother said Ocampo visited his friend’s grave twice a week.”

January 17, 2012

Texas Prison System Seeks to Cut Costs by Going to Two Meals a Day

by David M. Goldman

With a weak economy, everyone is feeling the ramifications of a state with declining revenue. The Huffington Post reports:

More than 20,000 Texas prisoners have been eating two meals a day on weekends since April, in a bid by the prison system to cut food-service costs… The two-a-day weekend meal plan is part of an effort to cut the Texas Department of Criminal Justice’s budget by $2.8 million; other cost-cutting measures include giving prisoners sliced bread instead of hamburger or hot dog buns and offering powdered milk instead of carton milk.”

Florida is also using cost-cutting measures, but this is more beneficial to decreasing the prison population. “Florida lawmakers passed two bills earlier this week that would expand the state’s prison rehabilitation program and reduce jail time for non-violent criminals in a bid to make some headway in the state’s $2.3 billion budget deficit.”

January 17, 2012

Two Florida Residents arrested in connection with a Prostitution Plot

by David M. Goldman

A few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered “sex for $25.” The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a “victimless” crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.