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The Jacksonville Leaving the Scene of an Accident Involving Injuries to Persons can be found in Florida Statute Section 316.027. Jacksonville Leaving the Scene of an Accident resulting in a crash that causes death or injury is a felony. However, the degree, or seriousness, of the felony will depend on the injuries that occurred. If a driver is involved in a crash resulting in bodily injury and leaves the scene, this is a third degree felony, which is the lowest degree of felonies. If the crash resulted in death, the charge is much more serious.

Florida Statute Section 316.027(1)(b) states:

“the driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree”

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Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute Section 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.

This Florida Law states, “the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled” his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.

If you are ticketed for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200. Even if you were not arrested and only received a citation, Jacksonville Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.

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In Jacksonville, Florida, a plea of guilty or no contest in a criminal case must be entered into voluntarily. Rule 3.172(c) of the Florida Rules of Criminal Procedure requires that the trial judge determine the voluntariness of a plea by placing the defendant under oath, addressing the defendant, personally, and determining that he or she understands certain facts and consequences. Normally, the judge will engage in a conversation, plea colloquy, with the defendant to make sure that the defendant understands what he is doing and understands the rights that he is waiving.

In State v. Avila, the Florida Third District Court of Appeals ruled that the burden of proof lies with a defendant to prove that the plea colloquy given to him by the judge was not proper. Once the defendant meets this burden, the burden of proof shift to the State.

If you have recently pled guilty or no contest to a crime and were not fully informed by the court of the consequences, you may be able to withdraw your plea. For more information, contact a Criminal Defense Attorney.

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Section 3.691 of the Florida Statutes allows a person that has been convicted of a crime to be released on bond pending an appeal. It is within the discretion of the Jacksonville trial court or the Florida appellate court as to whether the defendant should be released. The Jacksonville trial court must apply certain principles when making this decision. The factors that the could should look at include:

  1. the defendant’s attachments to the community (Jacksonville);
  2. the defendant’s family ties in the community;
  3. the defendant’s business or job;
  4. the severity of the punishment; and
  5. any other relevant circumstances that would indicate whether or not the defendant is a flight risk.
The Jacksonville court should also consider whether denial of a post-conviction bail would render nugatory the right to an appeal.  The court should not consider the fact that a defendant is facing a minimum mandatory prison sentence.  Coolley v. State, 720 So. 2d 598 (Fla. 2nd DCA 1998).
The appeal must be taken in good faith.  Good faith does not mean that there must be probable cause to believe the judgment will be reversed.  The Defendant only needs to show that he or she is not appealing on grounds that frivolous.  The grounds for the appeal must be fairly debatable.  Baker v. State, 213 So. 2d 285 (Fla. 4th DCA 1968).  
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When a driver is stopped and being investigated for Driving Under the Influence of Alcohol or Controlled Substances in Jacksonville, Florida, police officers will often ask the driver to perform field sobriety tests. The driver can decide whether or not he wants to participate in the tests. If he does, the test results and the police officer’s observations will be used against him. If he does not take the tests, his refusal will be used against him if he is charged with Jacksonville Driving Under the Influence (DUI). The Florida Supreme Court has address the issue of field sobriety refusal and the right against self incrimination in a Florida DUI refusal case, State v. Taylor, 648 So. 2d 701 (Fla. 1995).

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer at 904-615-1200 today.

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Like many Jacksonville Criminal Defense Attorneys, I began my career working at the Duval County Office of the Public Defender in Jacksonville, Florida. I began working as a misdemeanor attorney and was later promoted as a felony attorney. One of my mentors at the office explained to me that the cases in my felony division would not be that different. She told me, “trafficking is the same as possession, but the defendant is just possessing a lot more of the drug.” While this is true, there is a big difference: the sentence involved.

For example, in a Jacksonville Trafficking in Cocaine case, a defendant is looking at a minimum mandatory sentence in Florida State Prison which will depend on the amount of cocaine possessed. It can range anywhere from 3 years to life in prison (See Trafficking Sentences).

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 many Jacksonville rape cases, consent is valid defense. In Jacksonville sex cases, if both parties willingly enter into sexual intercourse, a rape cannot occur. However, consent is not always a defense. In some Jacksonville rape cases, consent does not matter. In cases of sexual battery by an adult on a minor, the consent of the minor does not matter. Therefore, consensual sex is not a defense to Jacksonville “Statutory Rape” charges. Florida Statute Section 794.011(8) specifically states that, without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

  1. solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree;
  2. engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery commits a felony of the first degree; and
  3. engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony.

If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer,  at (904) 685-1200.

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Florida Statute Section 794.011 governs Jacksonville Sexual Battery arrests. This Florida law defines “sexual battery” as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

In a Jacksonville Sexual Battery case, actual force is not needed. Under Section 794.011(4)(a)-(g), Jacksonville sexual battery can occur when:

(a) when the victim is physically helpless to resist;

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As a Jacksonville Criminal Lawyer, I have seen many videotaped confessions. I have read more handwritten confessions than I can count. I have heard Jacksonville police officers and detectives testify as to my clients’ confessions on numerous occasions. Many people believe that if a Jacksonville Criminal Defendant confesses to a crime, he must be guilty. This is not true. There are many reasons that a person may confess to a crime that he did not commit. Read an article just posted by the New York Times entitled “Confessing to a Crime, but Innocent” for deeper insight.

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Jacksonville Sexual Battery is a felony in Florida. The felony’s degree (level) will depend on the seriousness of the Jacksonville sexual battery. Under Florida Statute Section 794.011:

  1. a person 18 years of age or older who commits or attempts to commit sexual battery and injures the sexual organs of a person less than 12 years of age commits a capital felony;

  2. a person less than 18 years of age who commits or attempts to commit sexual battery upon, and injures the sexual organs of a person less than 12 years of age commits a life felony;

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Jacksonville, FL 32207
Phone: (904) 685-1200
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