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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.”

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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.

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A Jacksonville, Florida, Duval County Court was confronted with a Jacksonville DUI case that involved refusal and recantation of DUI field sobriety exercises. In STATE OF FLORIDA vs. JESSICA MOON. County Court, 4th Judicial Circuit (Case No. 2009-CT-15139), Officer Waldrep of the Neptune Beach Police Department requested that Moon perform Jacksonville DUI field sobriety exercises. She refused and was immediately arrested. “Immediately thereafter, while being handcuffed, defendant agreed to perform the FSEs and begged Officer Waldrep to allow her to do so. He refused to let her do them. Though defendant continuously and repeatedly requested to be allowed to perform the FSEs, Officer Waldrep continuously refused to allow her to do them.”

The Jacksonville court found that Moon’s “retraction of her initial refusal came moments after her refusal, that she was continuously in the presence of the arresting officer, that no inconvenience resulted, and that the results of any FSEs would not have been affected had she been allowed to perform them upon her request to do so.” Since the officer did not, Moon’s refusal could not be used against her in this Jacksonville DUI case. Therefore, the evidence would be suppressed.

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In State v. Taylor, the Florida Supreme Court ruled that although field sobriety tests are voluntary, the refusal to submit to them may be admitted in evidence against a defendant if defendant is advised that adverse consequences would result from refusal to perform them only because such refusal may be “probative of the issue of consciousness of guilt.” In Taylor, the Florida DUI Defendant refused to take the Florida DUI field sobriety tests. Not once did Mr. Taylor change his mind and decide to take the tests. Mr. Taylor’s Florida DUI case may have turned out differently if he did change his mind.

In Jacksonville, Florida, a Duval County Court ruled a Jacksonville DUI defendant’s initial refusal could not be used against her, because she recanted her initial refusal only moments later and asked to take the Jacksonville Driving Under the Influence Field Sobriety Tests (State v. Moon).

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Recently, the Florida Third District Court of Appeals reversed a Florida cocaine possession case. The court filed its opinion on December 8, 2010 for Watson v. State (35 Fla. L. Weekly D2717b). Watson was convicted and sentenced to ten years in prison for trafficking in cocaine. He was pulled over and the officer found 124.6 grams of cocaine. He testified that he did not know the cocaine was under the the seat and that the car was not his. The officer never testified that he saw Watson hide the bag. During closing arguments, the State argued that it could be inferred from the bag’s position that Watson was trying to conceal the cocaine.

In this Florida Cocaine Possession Case, the Florida appellate court ruled that a prosecutor must confine his closing argument to evidence in the record and must not make comments which could not be reasonably inferred from the evidence. The evidence did not inferred that Watson hid the drugs, so the prosecution should not have stated this in the closing argument. The case was reversed.

If you are facing Possession of Cocaine or Trafficking in Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

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In Jacksonville, Possession of Cocaine can be established by actual or constructive possession. Jacksonville constructive possession of cocaine occurs when the drug is in a place over which the Jacksonville criminal defendant has control or in which the he or she has concealed it. If the drug is in a place over which the Jacksonville criminal defendant does not have control, the State must prove his or her (1) control over the cocaine and (2) knowledge that the cocaine was there.

In Jacksonville Possession of Cocaine cases, the Duval County State Attorney’s Office will use the circumstances surrounding the encounter that police had with the Jacksonville criminal defendant to prove constructive possession at trial. However, the prosecutor cannot make unreasonable inferences that are not supported by the evidence (See Watson v. State, 35 Fla. L. Weekly D2717b (Fla. 3rd DCA, 2010)).

If you are facing Possession of Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

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Section 322.34(5) of the Florida Statutes makes it a 3rd degree felony for anyone whose license is suspended or revoked as a Florida Habitual Traffic Offender to drive a motor vehicle. In 2008, the Florida legislature adopted section 322.34(10)(a)6 which states if the offender does not have a prior forcible felony conviction, and if the person is designated an Florida Habitual Traffic Offender as a result of the suspension of the license because of purely financial defaults, the offender is only to be punished for a misdemeanor.

The Florida Fifth District Court of Appeals recently decided a case (Wyrick v. State, 35 Fla. L. Weekly D2666b) where a Florida Habitual Traffic Offender (HTO) was arguing that she should not have been charged with a felony. Wyrick was convicted of Driving Under the Influence (DUI) in 2004 and two Driving with a License Suspended or Revoked (DWSL) in 2006 for driving w/out insurance. Thus, the two DWSL offenses were financial responsibility suspensions. She was labeled HTO and subsequently was charged with an additional DWSL as a felony. The Florida court ruled that Wyrick only partially attained her HTO status from her financial defaults. Without the DUI, the two DWSL would not have resulted in her HTO status. Because of the DUI, she was able to be charged with a felony.

If you are charged with Jacksonville Driving on a Suspended License, contact a Jacksonville Drivers License Lawyer, at (904) 685-1200.

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Florida State Section 322.34(10)(a)(6), creates a defense to the felony charge of Jacksonville Driving on a Suspended License as a Habitual Traffic Offender. If a driver is declared a Jacksonville Habitual Traffic Offender based drivers license suspension on the reasons listed below below, he should not be charged with a felony:

  1. Failing to pay child support;
  2. Failing to pay any other financial obligation (some crimes are excluded, see section 322.245(1));
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Driving on a suspended license can result in felony charges in Jacksonville, Florida. If The Department of Highway Safety and Motor Vehicles (DHSMV) designates a driver as a Jacksonville habitual traffic offender, his or her license will be suspended for five years. That makes it a felony for the person to drive, and if the person does, it will result in an arrest for Jacksonville Driving on a Suspended License as a Habitual Traffic Offender.

As a Jacksonville Habitual Traffic Offender Lawyer, I have met too many people that have faced felony charges, and even became convicted felons, due to Jacksonville Habitual Traffic Offender arrests. It is important that Jacksonville Habitual Traffic Offender Lawyers work hard to prevent this from occurring. There are ways to defend this charge. For instance, the law itself, in Florida Statute Section 322.34(10)(a)(6) lays out a defense.

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If a driver is stopped for driving with a suspended license in Jacksonville, Florida, he or she can be charged with a civil traffic infraction, a misdemeanor, or a felony. The level of the Jacksonville Driving with a Suspended License offense will depend on the driving record. According to Florida Statute Section 322.34(1), if a person is cited for Jacksonville Driving with a Suspended License and the driver did not have knowledge that his or her Jacksonville drivers license was suspended or revoked, the driver will be issued a civil traffic citation.  This is not a crime, but it should still be taken seriously, because it can be used against the person in the future.  

If the person had knowledge that his or her Jacksonville drivers license was suspended, he or she may be issued a criminal traffic citation or arrested for Jacksonville Driving with a Suspended License.  Under Florida Statute Section 322.34(2), a first conviction is a 2nd degree misdemeanor, a second conviction is a 1st degree misdemeanor, and a third conviction is a third degree felony. 

If you are charged with Jacksonville Driving on a Suspended License, contact Jacksonville Driver’s License Lawyer, at (904) 685-1200.  

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