777968_alcatraz.jpgIn Jacksonville, Florida, Barry Carrell obtained a bond reduction on the charge of murder yesterday.  Under the Florida Rules of Criminal Procedure 3.131, a criminal defendant is entitled to a reasonable bond.  When setting a bond, the judge takes several factors under consideration.  The court will look at:

(1) the crime that the defendant is charged with and the circumstances surrounding it, 

(2) the strength of the evidence against the criminal defendant, 

Yesterday, a nursing home worker was shot by her boyfriend in the parking lot of the Southpoint Terrace Skilled Nursing and Rehabilitation Center.  The two met in the parking lot of the Center, an argument ensued, and he shot her several times.

Domestic Violence occurs too often in Jacksonville, Florida.  Many victims of Domestic Violence do not know what they can do to stop it.  However, there are options available.  For instance, a victim of domestic abuse can petition the court for an Injunction for Protection against Domestic Violence (a restraining order).  Once this petition is granted, the other person cannot have contact with the victim.  If contact is made, he or she will be arrested and can serve up to one year in jail.
In the case of the nursing home worker, I seriously doubt that this was the first instance of violence.  She was likely eligible to obtain an injunction or restraining order against her boyfriend.  With this restraining order, she would have been able to call the police and have her boyfriend arrested just for showing up in the parking lot.  He could have been arrested just for calling her.  She did not even need to walk outside.  Additionally, he would have been caught carrying a firearm.  If he did not have a permit, he would have been charged with a felony.  

In Gainesville, a Florida football player, Jacquez Rickerson, was arrested for Florida felony battery. The alleged victim is his girlfriend. Mr. Rickerson allegedly slapped her, choked her, and covered her face with a pillow. This occurred at his girlfriend’s apartment. 

While it is true that violence occurs in relationships, it is also true that people make false accusations. Likewise, there are two sides to every story, and the truth is not always what is documented in the police report. Therefore, a criminal defendant that is charged with felony battery should have a Jacksonville Criminal Defense Attorney explore every defense possible in his case.

Felony battery is a very serious charge that may result in prison time. In Mr. Rickerson’s case, he has a lot to lose. Due to this battery arrest, he was kicked off of the football team. However, it does not stop there. A felony conviction can follow Mr. Rickerson for the rest of his life. It can result in him being removed from the university. Additionally, it will have an affect on his job opportunities, ability to obtain government student loans, and obtain any type of professional degree. 

A 15-year-old girl in Palatka, Florida may have lied about being raped in a public school’s bathroom.  The girl alleged that an unknown male forced her into the bathroom during school hours and raped her at knife point.  After the alleged rape, she returned to class.  She did not report the rape until after she returned home and spoke with her mother, which occurred hours later.  There may be evidence that she concocted this story in ordered to cover up a sexual encounter that that she had off-campus.  This case is still under investigation.

If this Palatka, Florida high school student did lie about being raped, she may face serious charges.  Under Florida Statute 837.05, a person that “gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree.”   A first-degree misdemeanor is punishable by up to one year in the county jail.  However, that is not the end of it.  In Florida, if a person gives false information about a crime and that crime is a capital felony, she has committed a third degree felony, punishable by to up to five years in Florida State Prison.    

A false report that alleges this type of sexual battery, a capital felony, could result confinement to a juvenile facility and being adjudicated a juvenile delinquent. 

In Jacksonville, Florida, Driving Under the Influence (DUI) is a first-degree misdemeanor.  It is punishable by a maximum of one year in the Duval County Jail.  A first or second DUI in Florida is always a misdemeanor.  However, a third or subsequent Florida DUI may be charged as a third-degree felony which is punishable by up to five years in Florida State Prison.  

As a Jacksonville DUI Attorney, I have represented many Jacksonville residents charged with Driving Under the Influence.  In my DUI experience, most third and fourth DUIs are often charged as misdemeanors and not as felonies in Jacksonville.  Legally, a Jacksonville prosecutor may file the DUI as a felony, but they are often willing to file the charge as misdemeanor instead. However, the more DUI charges a Jacksonville resident obtains, the more jail time a prosecutor will request.  Usually, the prosecutor will not request additional jail time on a Jacksonville Driving Under the Influence charge if it is a first offense and there are no aggravating circumstances.  Still, a Jacksonville DUI defendant that has a history of DUI charges may be able to avoid jail time.  If a DUI defendant wants to plea bargain with the prosecutor, his Jacksonville Driving Under the Influence Attorney should present mitigation to the prosecutor to show why the State of Florida should be lenient with the DUI client.  While Driving Under the Influence is a serious crime in Jacksonville, good people make mistakes and do not necessarily deserve to go to jail for this crime.  

According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record.  South Carolina has certain requirements that must be met.

  1. The South Carolina fraudulent check conviction is a first offense.
  2. It has been one year since the South Carolina fraudulent check conviction, and the defendant has no other convictions during that one year period.

jacksonville_skyline_ii.jpgAs a Jacksonville Criminal Defense Lawyer, I often get asked “how can you do that?”  “That” refers to representing Jacksonville’s Criminal Defendants.  In Jacksonville, Florida, there is a stigma to being a Jacksonville Criminal Defense Attorney.  Jacksonville Criminal Defense Lawyers are treated as if they do not care about the moral and safety of Jacksonville, Florida.  This is far from true.  

For instance, watch the famous HBO documentary “Murder on a Sunday Morning.”  In this case, two Jacksonville Criminal Defense Lawyers at the Public Defenders Office (Mr. McGuinness and Ms. Finnell) represented Jacksonville Criminal Defendant, Brenton Butler.  This Jacksonville Criminal Defendant was only 16-years-old and charged with first degree murder.  At Mr. Butler’s trial, the Jacksonville Criminal Defense Attorneys proved that Jacksonville police officers beat a confession out of Mr. Butler.  Due to the hard work of the Jacksonville Criminal Defense Lawyers, Mr. Butler was found not guilty.  
However, the most important part of this case is what occurred a day after the HBO documentary aired.  The Jacksonville Sheriff announced that the Jacksonville Sheriff’s Office would begin videotaping confessions.  This shows that a Jacksonville Criminal Defense Lawyer can change the Jacksonville community for the better.  I find this story inspiring and motivating, and it makes me proud to be a former Jacksonville Assistant Public Defender and  a Jacksonville Criminal Defense Attorney.  

As Jacksonville Florida Domestic Violence Attorney, I have seen cases where restraining orders (injunctions for protection against violence) are needed and cases when the are abused.  Not every person that files for an restraining order needs one.  Sometimes, people petition for an injunction against for protection against violence as a tool.  For example, I represented a man (John) for a violation of a domestic violence injunction in Jacksonville, Florida.  The alleged victim (Jody) was his girlfriend.  They had a “love-hate” relationship.  Before I met John, Jody had a restraining order issued against him in Jacksonville, Florida (Duval County).  After the injunction was issued, they worked things out and moved in together.  On day, the couple had an argument, and she called the Jacksonville Sheriff’s Office.  John was arrested for Violation of an Injunction for Protection Against Violence.  He taken to the Duval County Jail in Jacksonville Florida.  The prosecutor filed charges against him and pursued the case.  

Eventually, I was able to get the charges dropped.  However, technically, he was guilty of Violation of an Injunction for Protection Against Violence in Jacksonville, Florida.  Due to the injunction, John was not to have any contact with Jody.  It doesn’t matter if Jody initiates the contact or wants to have contact with John.  
To learn more about Injunctions, speak with a Jacksonville Florida Domestic Violence Lawyer.  
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