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When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham’s case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham’s case, visit The Florida Times-Union.

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Jacksonville resident, Aundria Fischer, was arrested for Jacksonville Forgery of Bank Bills and Uttering a Forged Bill. Local media reports state that she is accused of forging a check that was given to her as charity from Beaches Emergency Assistance Ministry (B.E.A.M). B.E.A.M. gave Ms. Fischer a $200 check to help her pay an electric bill. Ms. Fischer altered the check and made it payable to herself, instead of the electric company.

Jacksonville Forgery of Bank Bills (Florida Statute Section 831.07) and Jacksonville Uttering a Forged Bill (Florida Statute Section 831.09) are third degree felonies which are punishable by up to five years in prison each. Therefore, these charges should not be taken lightly. If you have been charged with Jacksonville Forgery of Bank Bills or Jacksonville Uttering a Forged Bill, contact a Jacksonville Criminal Defense Lawyer immediately.

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Florida Law prohibits any person convicted of a fourth DUI (Jacksonville Driving Under the Influence) from obtaining a Florida Driver’s License. In Jacksonville, if you receive a conviction for driving under the influence for the fourth time in your life, your Florida license will be suspended permanently. Thus, you will never be able to legally drive a vehicle, and you are not eligible for a hardship license.

However, this could change if House Bill 971 is passed. This Bill permits those convicted of four DUI offenses to obtain a Florida driver’s license after the completion of a Jacksonville DUI treatment program. In addition to the DUI program, the Jacksonville driver is required to have an ignition interlock device, similar to a breathalyzer, installed in his or her vehicle. The Bill will be presented to Governor Charlie Christ.

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On April 30, 2010, Donte Lorenzo Dawson was arrested for second degree murder in Jacksonville, Duval County, Florida. The next day, he was declared indigent and the Office of the Public Defender was appointed to represent him. Mr. Dawson was not given a bond. According to the the State of Florida’s Motion to Set Bond, the Assistant State Attorney made a recommendation that the Mr. Dawson be held without bond. 

Pursuant to Rule 3.131 of the Florida Rules of Criminal Procedure, “unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.” 
In Jacksonville, Florida, Second degree murder is a first degree felony punishable by life imprisonment. However, the State of Florida still needs to establish that “proof of guilt is evidence or the presumption is great” before Mr. Dawson’s bond can be set at none. Therefore, Mr. Dawson’s Jacksonville Homicide Attorney can file a motion for bond in this case to ask the court to set a bond and present evidence in Mr. Dawson’s favor.

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Under Florida Statute Section 837.05, a person that knowingly gives false information to law enforcement about the alleged commission of a crime commits a first degree misdemeanor. If the information is in reference to a capital felony, that person may be charged with a third degree felony.

Recently, a Daniel Foote was arrested due to a false allegation of rape. His accuser, Amy Sutton-Slack, recanted her story, and Mr. Foote was released. The Jacksonville Sheriff’s Office obtained a warrant for Ms. Sutton-Slack’s arrest. She will be charged with Jacksonville filing a false police report. It is important for Ms. Sutton-Slack and Mr. Foote to have a Jacksonville Criminal Attorney to represent them with charges pending.

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Jacksonville former firefighter, Daniel Foote, was arrested for Jacksonville Sexual Assault. He was accused of rape but released from jail on April 23, 2010. He was arrested after a woman alleged that he sexually assaulted her, and police linked him to DNA evidence. Later, the woman recanted and stated that the sexual encounter was consensual. This led to his release.

Although Mr. Foote is no longer in custody, his charges have not been dropped. Indeed, I anticipate that charges will be dropped. However, this will not clear this charge from his Florida Criminal Record. In order to have these charges expunged in Florida, he will need to have the charges dropped. Additionally, he cannot have any prior convictions. According to News4Jax.com, he has a prior charge, which may have resulted in a conviction, and if this is the case, a Florida Record Expunction will not be permitted.

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Sasha Pringle was arrested for DUI manslaughter and leaving the scene of an accident involving death in Jacksonville, Florida. Witnesses report that the accident occurred at approximately 9:40 P.M. on Saturday, February 28th. They saw Pringle driving recklessly on the south-end of the Buckman Bridge in Jacksonville, Florida. She hit a vehicle driven by Luma Kajy causing Kajy’s vehicle to crash into the St. John’s River. Pringle did not stop and give aid to Kajy. Witnesses followed Pringle to her home in the Mandarin area of Jacksonville. Thereafter, they called Jacksonville police. Reports state that “Pringle was question and booked into the jail.”

Jacksonville DUI Manslaughter is serious offense. If Ms. Pringle is convicted of this charge, she will go to Florida State Prison, and the media attention surrounding this Jacksonville DUI Arrest is not going to help her. She will need the best criminal defense possible to defend against these Jacksonville DUI charges. Her Jacksonville DUI Lawyer will need to investigate the case throughly to determine if Ms. Pringle has a viable motion to suppress or defense. This investigation should include interviewing the witnesses, taking depositions, reviewing all reports, investigating the breath test or blood-draw, and visiting the scene of the accident. An early investigation is important, because in most cases, a good offense is the best defense.

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Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant’s application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney.

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Can you seal a Florida aggravated battery or Florida domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?

According to the Florida Statute Section 943.059, an individual may not have his criminal record sealed if it relates to “a violation enumerated in s. 907.041…without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense.” Florida Statute Section 907.041 lists aggravated battery and domestic battery as an enumerated crimes. However, Florida simple battery and Florida fighting or affray are not an enumerated crimes. Therefore, a Florida Criminal Defendant that has pled guilty or nolo contendere to a non-enumerated crime should be able to have his or her record sealed, so long as adjudication of guilt was withheld, according to the plain language of this Florida statute. This is not the case. The FDLE will reject the application. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.

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Criminal Lawyers in Jacksonville should tune into E! Television Network to watch “E! Original Countdowns: Too Young to Kill: 15 Shocking Crimes” which premiers tonight at 9:00 P.M. and will run through out the week.  As indicated by the title, the show will cover fifteen juvenile criminal cases from across the nation. The murder of Maddie Clifton should be of particular interest to Criminal Lawyers in Jacksonville since it was one of the most highly publicized murders in Jacksonville’s history. Joshua Phillips, the defendant in this case, is a Jacksonville resident and is currently serving a life sentence in Florida State Prison after his conviction for the first-degree murder of Maddie Clifton.

I had the opportunity to speak with Joshua Phillips’ mother. She informed me that his case is still moving through the Florida appellate courts. She advised me that several mistakes were made at the trial level of this case. As such, it is important for Jacksonville Criminal Lawyers to follow this case, so we can learn from the mistakes of other Jacksonville criminal defense attorneys. Additionally, the Joshua Phillips/Maddie Clifton Jacksonville Murder Case deals with the sentencing of juveniles to life without parole, which is an important issue in Jacksonville, Florida.

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