Jacksonville Criminal Attorney Blog

Teenager Charged As Adult For Discharging an Explosive Device On Florida High School Property

Sun, 19 May 2013 20:58:27 -0500

16-year-old Kiera Wilmot, a student at Bartow High School in Polk County, Florida, has been arrested and charged as an adult for a concoction of household chemicals she mixed together on school grounds that caused a minor explosion. No damage was reported other than the bottle she mixed the chemicals in exploding. Wilmot said she combined toilet bowl cleaner and aluminum foil in an 8-ounce bottle at the urging of a fellow classmate. To her surprise, the top popped off and the concoction began to smoke, followed by a small explosion. Wilmot is regarded as an excellent student by her principal and stated Wilmot has never been in trouble.

Wilmot has been charged as an adult with possessing or discharging weapons or firearms on school property" and "making, possessing, throwing, projecting, placing, or discharging any destructive device," both felonies under Florida law. The prosecutor was not bound by Florida law to dole out these severe charges.

There are four main processes by which juvenile defendants in Jacksonville can be transferred to criminal court:

- Judicial Waiver: Juvenile court judges have the ability to transfer juveniles to criminal court, usually taking account of age and the severity of the offense
- Prosecutorial Discretion: Prosecutors have the authority to file cases in juvenile court or criminal court jurisdiction
- Statutory Exclusion: Certain laws may require certain categories of juvenile offenders to appear in criminal court based on a particular age or the type of offense
- Once waived/always waived: Certain laws may require juveniles to be tried in criminal court if any previous charges were removed to criminal court.

Prosecutors maintain a critical role in determining the forum of prosecution. In addition to direct file legislation, prosecutors may charge a youth with an offense mandating statutory exclusion and transfer to adult court. NCJJ observed that prosecutorial discretion in the absence of guidelines for the exercise of that discretion can result in inconsistent treatment of juvenile offenders and urged legislation providing uniform prosecutorial guidelines.

In Florida, prosecutors may file charges directly in criminal court against any juvenile age 16 or older who commits a felony, any juvenile age 14 or older who commits a violent felony or burglary, and any juvenile who commits a homicide. In addition, juvenile court judges may waive to criminal court any juvenile age 14 or older based on certain findings.

There are many problems that a juvenile may face as a result of being transferred to criminal court. Prosecution in criminal court exposes the accused juvenile to the same penalties as adults under the charge. They may face a life or death sentence depending on the severity of the charge, a possibly long prison sentence, where the juvenile is exposed to the many dangers of prison life, as well as having a permanent criminal record that one may or may not be able to have sealed or expunged.

The benefit of juvenile proceedings is that if the case is adjudicated in juvenile proceedings, the juvenile must be released at age 21, as well as receive rehabilitative treatment in a juvenile facility, and may be allowed to have their juvenile records expunged. None of these options are so easily available or guarantee-able if one or one’s child’s case is moved to criminal court.

Adolescents are involved in incidents like this every day on school grounds. Not every one of those juveniles were intending harm others and are simply exploring chemical combustion processes. One in a situation like this should obtain an experienced Jacksonville juvenile crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected.

Florida Police Nab Two South Carolina Beach Goers For Having Questionable Fun In The Sun

Fri, 17 May 2013 14:54:14 -0500

Ward Powell and Tanya Wheeler of Greenville, South Carolina have been arrested in Palm Beach on charges of lewd or lascivious behavior and indecent exposure in public. The two were arrested around 8:30 a.m. for what Powell claim’s was them not being able to control themselves after going skinny dipping. The couple allegedly started kissing in the water, and then moved to the sand to have sex. Fellow beachgoers complained to cops, who caught the naked couple in the act.

Under Florida law, exposure of sexual organs, or “indecent exposure,” is a serious criminal offense that has devastating long-term consequences for the accused. In addition to the potential penalties, a conviction will subject the accused to a permanent stigma and will permanently interfere with employment prospects, professional licensing, college applications, and other aspects of your daily life.

Lewd or lascivious behavior is different from most sex crimes in Jacksonville because the essential element of touching, found in most other sex crimes, is absent. Lewd or Lascivious behavior and indecent exposure can range in act, and may include such things as:

- The simulation of any act involving sexual activity
- Intentional masturbation;
- Intentional exposure of the genitals in a lewd or lascivious manner
- Intentional commission of any other sexual act not involving actual direct physical or sexual contact with the public or a victim

To prove the crime of indecent exposure (exposure of sexual organs), the State must prove the beyond a reasonable doubt that:

- One intentionally exposed or exhibited one’s sexual organs or was naked;
- One did so in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises;
- One intended the exposure or exhibition of one’s sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner;
- One’s exposure or exhibition or nakedness was in a vulgar, indecent, lewd, or lascivious manner.

A tremendous defense that one has to indecent exposure is the definition of the location of where the crime was said to have taken place. If the location is not a “public place,” or a place intended to be frequented resorted to by the general public, then one cannot be found guilty. Many times, couples decide to go skinny-dipping in the backyard, and may get decide to have sex. As recent stories have shown, neighbors with kids on the second floor do not always approve of two adults having sex in front of their children’s eyes. Now, because of a child’s snooping eyes, the police are called and someone is accused of indecent exposure, possibly in front of a minor, which will aggravate the charge.

Indecent exposure charges can be bad enough, but when being accused of an act applicable to the statute and children happened to be part of “the public” one might possibly be charged with child abuse or sex crime charges of child abuse. Penalties for sex crimes involving children, even for indecent exposure, can be serious, including:

- Restricted work opportunities
- Jail or probation sentence of up to 15 years
- Permanent felony Record
- Counseling sessions, and
- Registration as a sex offender for life

Remember, if one’s exposure was unintentional or was not lewd in purpose, or if the exposure was not intended to be viewed by others, this will provide a complete defense to the charge. The offense must furthermore occur within a location specified in the statute, and must surpass mere nudity. In many situations, one’s experienced attorney might be able to negotiate down an indecent exposure charge to a less serious charge, saving the accused the time and grief of being possibly in prison and having a more egregious charge on one’s record.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Two Florida Women Charged With Using Young Girls To Orchestrate Retail Theft

Thu, 16 May 2013 14:42:19 -0500

Lee County deputies have arrested Cortney Herndon and Jessica Barker, who stand accused of using young girls as decoys so they could steal from Target. The women would allegedly stuff the carts with the items they wanted to steal, then would have young girls between 10 and 11 years of age walk in, meet up with the suspects at the front of the store, and while the suspects used the bathroom, the girls walk right out of the Super Target with the stolen goods. Surveillance cameras caught all three women, and both of the young girls, loading up the stolen goods into a white SUV.

With the revolution of technology, cameras, and other forms of recording faces and video, theft crimes are becoming harder and hard to get away with. Department stores now have 24 hour security, advance alarm systems, some stores even having laser trip-systems. One should not trip oneself up in the legal system as well when one is pursued by the authorities for the charge of theft.

Many thefts in Jacksonville from retail stores do not occur from break-ins, but from five finger discount enthusiasts who like to take things without paying for them. Teams of professional shoplifters are on the rise throughout Florida, and as seen in this and other cases like it, some of these shoplifters are in their early teens and are employees of the store themselves. They will work in teams and execute thefts with pre-determined moves, using distractions, sleight of hand, and marking blind spots in security camera viewing range in order to steal items, sometimes very costly.

When a store employee or Loss Prevention Officer challenges one by asking one to return to the store because they think one lifted an item off the shelf without paying or deceptively switched the price tags, remember they are not police officers. They do not and will not have your best interests at heart; they work for the store and they have a bias. They will attempt to have one waive one’s rights by making a statement, either written or oral. Because the procedure for loss prevention in many retail stores differs from proper police procedure, sometimes, the accused shoplifter may think that if they write a statement, the problem can be settled quickly without police involvement. All one does is dig oneself a bigger whole. One is not obligated to give store personnel any information. In many cases the police are called regardless of whether one actually cooperated with store personnel or whether one actually stole anything or not.

Where one is grilled with questions from a loss prevention officer who automatically believes that one stole from the store or from a police officer arriving on scene that thinks one stole from the store, many times innocence is hard to prove. Regardless of one’s innocence, the officer will side with the store, many times because of all of the previous shoplifting cases they have seen.

Fortunately, if one is in such a situation and one obtains an experienced attorney, one’s attorney will be able to challenge the evidence against one, including witness testimony, questioning the conduct and manner of the arrest or search, or how evidence was processed by law enforcement.

Florida Duo Arrested For Stealing Van-Load of Expired Chips From Frito-Lay

Tue, 14 May 2013 08:56:53 -0500

Darren Hagerman and his sister Jessica Huggard of central Florida were arrested and charged with grand theft after a deputy found them driving a van overflowing with bags of chips that were apparently taken from a Frito-Lay factory. Both Hagerman and Huggard had keys to the Frito-Lay factory and would allegedly travel between Marion and Citrus counties collecting expired bags of chips and would resell them to make a living. The deputy pulled the siblings over early Friday after seeing a child jumping around in the backseat.

In theft cases, the value of the property is normally the reason for the charge. Not every store owner or manufacturing company brings a theft claim against an employee for “shrinkage” or against customers for stealing a pack of gum. However, valuable property theft normally results in criminal charges, and depending on the value, can end in an increase or decrease in punishment.

One of the defenses to theft from a major institution like a manufacturing and distribution company is equal ownership or rightful possession via contractual duty. A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. In a situation like this, Frito-Lay actually owns the property in the factory, but has contracts for eventual removal and destruction of expired and spoiled products. In other words, someone owns someone else’s trash. However, if an agreement has been entered into or one is authorized to take the property for someone else, one cannot legitimately steal from the property, because one has ownership interest in the property. However, if the other co-owner has superior interest, or majority interest, in the property, one may not take the property without complying with their conditions.

The other major defense in grand theft in a situation like this is that what one took is valueless. Simply put, it is impossible to steal trash. Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. Frito-Lay may not sell a bag of expired potato chips, as they might run into liability for spoiled food and face law suits as a result. In a sense, the bag of expired potato chips is more of a burden than benefit and has no value to the company.

Frito-Lay and other companies are subject to shrink, as seen by employees being caught taking supplies, boxes, and other belongings that were from the store they work for, but have now been set out by the dumpster. Simply put, if one’s employer places empty boxes out, it has become trash that presumably has no value, and one cannot be charged with the theft of that item. In this case, half of the chips had expired dates on them, making them valueless.

If one obtains an experienced Jacksonville theft crimes defense attorney , one will have a strong chance of obtaining a favorable outcome, and will have the best defenses to what one is accused of, helping one get through the legal system, possibly without any conviction whatsoever. One should not risk one’s chances on a judge’s good nature. One should obtain a sure help for the future.

Three Florida Men Charged With Residential Burglaries And Stealing Guns

Mon, 13 May 2013 08:50:45 -0500

Palm Bay police have arrested Jason Bennet, Aaron Goodwin, and Frederick Clemons on charges of burglary, theft, and drug-related charges. Police recovered thousands of dollars in stolen property including almost 30 guns, following an investigation into a series of residential burglaries. The three suspects allegedly forced their way into homes when no was there and took everything from computers to prescription drugs and firearms. Homeowners contacted police about the robberies and reported a suspicious car in the area, leading to the arrests.

In the case of burglary, one does not have to steal anything to be charged with the crime of burglary. Current Florida statutes define burglary as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter, or surreptitiously, with the intent to commit an offense therein; after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony.

If firearms are involved in a burglary, the penalties may be substantially enhanced under Florida’s 10-20-Life Law. If one is found to have fired a weapon during the burglary, one will be subject to a sentence that depends on many factors including prior criminal history, what kind of weapon was used, prior history of violent offenses, how much the property stolen, if any, was worth and whether or not the victim was injured. One can be certain that the armed robbery charges may be accused of will be taken seriously by the State, resulting in a hard fight to obtain a conviction.

The discharge of the firearm during a burglary may bring a 20-year minimum-mandatory, and if a serious injury results from the use of a firearm, one may be subject to 25 years with a mandatory-minimum up to a life sentence.

Consent is a defense to burglary in Jacksonville. In other words, if the owner of the house or conveyance gave one permission to be there, one did not enter unlawfully. However, if the State can show that consent was withdrawn at any time by the owner, then the initial consent to enter does not matter. Many times, consent withdrawal is the cause for many criminal charges, either because of not leaving, or because of being given something previously that is now being used as the evidence for an alleged theft crime.

For example, a Jacksonville citizen throws a party to celebrate their recent promotion, and to “rub it in” to their co-workers, they invite the entire office. At some point, the owner of the home asks one of those invitees to leave. Consent is withdrawn at that point. If that person remains in the house and commits a crime, such as taking an item, a burglary has occurred, because the consent to enter is withdrawn by the owner. Unless another crime is committed, however, it is not necessarily a burglary yet, merely a trespass, unless there is another independent crime committed.

The evidence may seem like a mountain that one cannot overcome, especially if stolen items are found in a suspect's house or car. If one is under investigation or has been arrested on robbery charges, one should obtain an experienced Jacksonville theft crimes defense attorney to fight the case, who will be able to find ways around that mountain of evidence, allowing one to move through the legal system, hopefully obtaining a more beneficial outcome for someone accused of burglary.

Federal Law Enforcement Concerned Over Iowa’s State Law Allowing Sex Offenders To Possess Firearms Expanding To Other States Like Florida

Sat, 11 May 2013 20:07:09 -0500

Public safety concerns from both Iowa and national law enforcement have arose concerning a two-year-old state law on gun permits allowing registered sex offenders to obtain a weapons permit. Because of this law, in Iowa, it is legal for a sex offender to carry a weapon, a privilege that sex offenders in Florida do not share.

People convicted of felonies, including sex offenders, are prohibited from obtaining a lawful gun permit. Under federal law, any and all persons convicted of a felony or a domestic violence misdemeanor are subject to up to 10 years imprisonment in Jacksonville for possessing a gun. This means that only persons without a felony or domestic violence conviction are even lawfully able to possess a gun, let alone get a lawful state permit for one.

There is no conclusive national data on how many weapons permits are being issued to convicted sex offenders, because some sex offenders can obtain permits to carry weapons despite authorities’ inability to track and are not fully or even partially aware of the large numbers of permits being issued.

Sex offense recidivism rates are much lower than commonly believed. Only 5 to 14 percent of known sex offenders will commit a subsequent sex crime within three to six years after incarceration. That is far lower than rates for other types of crime, such as drug or theft offenses.

The Supreme Court is beginning to more clearly carve out what rights one has regarding firearms, and as the old fear of sex offender recidivism begins to wane, the growth of rights of sex offenders regarding guns has begun and should change. The Supreme Court of the United States (SCOTUS) in District of Columbia v. Heller, 554 U.S. 570 (2008), held that the Second Amendment to the United States Constitution protects one’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves.

Many times, people who have committed crimes in the past and do intend to commit one again, including sex crimes, have a legitimate fear for their safety without a firearm. As such, denying gun permits to otherwise eligible persons on a state sex offender registry might be in some circumstances, uniquely unconstitutional. There has long been established evidence of those who commit vigilante violence against persons, sometimes in groups, based simply on their name being listed on a sex offender registry.

Many citizens in Jacksonville can track a history of serious personal threats of serious violence directed toward them because of their name being listed on the registry, and as such, feel the genuine need to possess a firearm in order to protect oneself. The state cannot reasonably require a sex offender’s name and address to stay on the sex offender registry while also prohibiting the right to keep and bear arms.

Many times throughout Jacksonville, the accused is just someone who has a legitimate fear for their life because a past mistake that they cannot unfortunately change. Other times, they are the victim of a mistake in driving another’s car that happens to have a gun within it, and because of their lack of knowledge, they suffer at the hands of a law enforcement officer who is just doing their job. Fortunately, if one obtains an experienced Jacksonville gun crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one may not win on one’s own.

Florida Charities See Increase In Internal-Identity Theft Cases

Fri, 10 May 2013 19:55:25 -0500

St. Vincent De Paul, a Catholic charity in Florida that provides shelter and serves food for the area’s needy, feeding between 600 and 900 homeless people a day, has sparked a thorough state-wide review of charity organizations for potential identity theft and tax fraud issues. The organization learned of the fraud by a homeless man who had eaten a meal at one of the charity's facilities in St. Petersburg had been the victim of both tax fraud and identity theft, and concluded something was wrong.

Identity theft is a common problem in Florida, as many elderly individuals are preyed upon in communities all across Florida. However, organized identity theft and fraud from charities and other databases of potential victims are becoming the concern for law enforcement.
Identity theft is the criminal act of taking another person’s identity, stepping into their shoes for the purpose of obtaining some sort of benefit, either from loan applications, credit cards from banks or retailers, stealing money from a person’s existing accounts, creating accounts with utility companies, leasing automobiles and residences, filing for bankruptcy, or even obtaining employment.

Most who steal other’s identities have one goal in mind: money. Most unfortunately do not keep a watchful eye on their records, leaving many to sometimes catastrophically suffer by a few keystrokes. The intent behind a single person may be present, however, many others may be blamed in the process of finding the actual perpetrator.

In the case of charities like St. Vincent De Paul, federal regulations require keeping records on clients, including their Social Security numbers and dates of birth. That data is shared among local social service providers, in part to prevent fraud. However, many people in Jacksonville identity fraud cases take advantage of their position of accessibility, causing some citizens to become victims of theft and sometimes the false accusation of being the perpetrator.

Some people have the ability to think incredibly analytically, giving them the opportunity to pull off large thefts unnoticed. However, in Jacksonville identity theft cases, that ability is sometimes used to frame others for the crime, either from leaving a trail of accessibility to one’s position at work , or leaving a trail of evidence on one’s computer of the fraud. Crimes like these may seem like major problems for not only one’s self, but for many other people.

If one has been accused of a crime such as this, one should obtain an experienced attorney to fight the case. Remember, in the case of Jacksonville and other areas in and around North Florida, hundreds of people at local charity organizations had access to a database with personal information of tens of thousands of the region’s needy population a smart treasure for crafty identity thieves.

Remember, in cases involving multiple identity theft victims, after more than a few fraudulent transactions and tax returns later, the serial offender, or individual who gathers masses of information for use or sale, will be prosecuted on a much higher level than an individual that uses a person’s credit card once at a department store and gets caught.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville identity theft and tax fraud crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Charles Hamilton’s 60-pound-Marijuana Case Shows Importance of Obtaining an Experienced Attorney

Wed, 08 May 2013 17:52:40 -0500

Charles Hamilton, a Florida man accused of transporting 60 pounds of marijuana, served as his own lawyer in the trial and sentence hearing, arguing that he disagrees with Illinois drug laws and admitting he brought drugs into the state. In November 2011, Hamilton was arrested during a traffic stop on Interstate 55 north of Bloomington, Illinois. He even gave permission to an Illinois State Police trooper to search the truck. About 60 pounds of marijuana was found in a spare fuel tank on his pickup truck. Hamilton was sentenced to 22 years in prison for felony drug trafficking charges.

Many times, people feel that they are able to represent themselves pro se, or by themselves, without a licensed attorney to represent them or other court appointed officer. This is an option for everyone who enters into the justice system above the age of 18, assuming they are competent to understand the nature of the proceedings and the weight they are undertaking when establishing their own defense. Even though many people every day are found eligible to represent themselves, that does not mean they should. Many do not understand the process nor the repercussions of statements made to anyone regarding the case.

Evidence rules and rules of criminal procedure set out standards of conduct and allowable methods of proving guilt and innocence in the court room. These rules are complex and involve major study to understand the legal possibilities in one’s case. For many, this means having extensive knowledge of 4th, 5th, and, 6th amendment protections. This means knowing almost everything there is to know on search and seizure, admissibility of evidence, rights on appeal, and other very important legal consequences that one may or may not be aware of.

The biggest problem that pro se litigants face when defending themselves is statements made to prosecutors and witnesses. When one is accused a crime, the first thing people do is ask one if one did or did not commit the crime. Sometimes one will make one statement to a witness, and another or substantially different statement to the State Attorney. Whether one has or has not committed the crime, one can cause oneself an extreme amount of grief in the system.

One of the most notorious problems pro se litigants as well as accused parties represented by attorneys is admissions. In Hamilton’s trial, Hamilton admitted he was delivering the drugs to Chicago for a $15,000 fee. Hamilton admitted that he transported drugs because he had little money. Many times, accused parties feel that being honest and forthcoming will end in good consequences. However, the less one says, the better. Words and admissions can extremely hurt one’s defenses.

Remember that one has does have a choice in obtaining an attorney to represent one. However, one should not obtain just any attorney. One charged with a crime of this nature should contact an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses against self-incrimination are known and protected.

Summertime Equals Increase In Residential Property Theft Crimes in Florida

Tue, 07 May 2013 10:23:11 -0500

Summer is on Jacksonville’s doorstep, and so are potential thieves who are looking to steal one’s property. Summer always shows an increase in property crimes. Police Departments all over the State receive calls from their respective residents about being victims of vehicle burglary, vehicle theft, residential burglaries and vandalism. It is crucially important distinguish who the real perpetrators are, and who is falsely accused.

When it’s warm, people have barbeques, mow lawns, and play in the yard with their children. Most of the time, particularly residences with children, alarm systems normally are off during the day and doors remain unlocked, which leaves potential thieves in Jacksonville an easy way in and out of the home with little knowledge that anyone was there that was not supposed to be.

Many times, bicycles, lawn mowers, tools, vehicles and other various items are reported stolen from open garages each year. An open garage door or an attached garage creates easier access to a home for burglars. However, ease of access creates an ease of fictional story creation as well. Many people unfortunately lie about things that have gone “missing”, in order to gain some sort of benefit, either monetarily or psychologically. Some have even gone so far as to break into other’s residences to place their own property in the home, attempting to frame the victim of the breaking and entering of a theft crime themselves.
The following example shows a common scenario where someone is falsely accused of property theft:

A gated community with security in the Arlington section of Jacksonville has a street with a cul-de-sac of four neighbors. Peter has a disagreement with the Paul over crabgrass that Paul simply will not deal with. In retaliation, Peter breaks into Paul’s garage, unnoticed, and puts his toolbox underneath a shelf where Paul would not notice something new. Peter then reports that his tool box was stolen, tells the police that of the “possibility” about “a neighbor” in the cul-de-sac, which will prompt police to investigate. Many do not refuse a search of their home when they believe they have done nothing wrong. Paul, thinking no wrongdoing, lets police search his garage. The officer subsequently finds Peter’s toolbox and arrests Paul for property theft.

Other scenarios are not as complex but do involve dishonesty like the previous example. Put Peter and Paul in a similar example: Paul needs to borrow Peter’s toolbox and has borrowed it on multiple occasions; however, Peter is supposed to be at work for the next 10 hours. Paul knows the garage door is unlocked and because he has borrowed the toolbox before, he thinks nothing of it, expecting to put it back before Peter returns from work. Peter’s wife goes into the garage and notices the toolbox missing, and calls police. Embarrassed because he knew should not have taken the toolbox, Paul attempts to hide the unintentional theft from Peter, hopefully being able to sneak back in and put the toolbox back. Sometimes, this course of action may work, and in one’s mind, no harm no foul, they got the toolbox back. However, one could be criminally charged for that taking.

Others may claim property in their car or home was stolen in order to file a fraudulent insurance claim for stolen property. However, saying you had property that you never owned is also a crime. If one does own property that might be subject to theft, one should take pictures of the property and/or have other records to prove ownership and value of the property.

A big factor in theft cases is the amount and availability of evidence to prove that the property did in exist and even further, that the property was stolen by someone, and not just placed somewhere or hidden. Someone might claim that they have a 52” LCD screen in the living room, but if they cannot prove it, they have no case when the TV is stolen.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville theft crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Signs Declaring Sexual Predators’ Residences Possibly Causing Increase in Fear to Register in Florida

Sun, 05 May 2013 13:31:40 -0500

Convicted sexual predators in Bradford County, FL, now have red reflective warning signs outside the homes. Eighteen sex predators in particular who live in Bradford found large red signs outside their homes last week that read, "A convicted sexual predator... lives at this location. The signs are only being posted at the homes of sexual predators, not sex offenders. A predator is someone who had been convicted of a first-degree felony and is either a repeat offender or their crimes are violent with a victim under 12.The signs cost about $10 a piece.

There are some major differences in the requirements of the charge between sexual offenders and sexual predators. The primary difference between the two is the number of times throughout the year that the offender must register; sexual predators must register four times annually and sexual offenders need to register only bi-annually. While the charges differ in type and severity of act, the requirements for registration are almost identical. If one fails to register as required by law, one could possibly be arrested and face numerous other penalties, including jail time.

What happens after one is required to register though? No one wants their registration as anything sexual out for the public to see and hear about. However, police may notify the public of a sexual predator’s designation. According to FL Statute 775.261, the sheriff of the county or the police chief of the municipality where the sexual predator resides shall notify the community and the public of the presence of the sexual predator in a manner that is deemed appropriate by the sheriff or the chief of police. Upon notification of the presence of a career offender, the sheriff or police chief may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.

The major problem with this statute is that the sheriff or police chief in the location that the offender lives has broad discretion in the manner of informing the public. This can be in the form of having a website available for citizens to view the locations of sexual predators, or even having pamphlets sent out to each citizen’s mailbox informing them of predators. However, there are major problems with signs outside of an individual’s home, predator or not.

One has a right to privacy in one’s home. Even if one has done something wrong and been convicted, one may still reasonably expect that one will not be subject to other crimes caused by other people for a designation of what one is, which designation in some cases, results from a correct conviction on previous charges, but a false conviction on the last, making one a career criminal.

The major problem with signs outside of career offenders’ houses, even though some did in fact harm others with their sexual acts, is that some ordinary citizens get angry at sexual offenders, either because of another’s sexual misconduct towards them personally or harm to a loved one. Some have been known to actively seek out sex offenders and harm them, either via property damage or even physical violence.

Some offenders are scared to register as a sexual offender because of this very problem. Remember though, failing to register as a sex offender is a felony. Also remember that some registration laws can be rather strict, requiring those convicted of a sex crime to register in whatever state they move to or work in. Some sexual offenders, who after decades have probably moved on from the conviction, are still forced and are therefore still fearful of the danger in exposure of one’s past all over again, which will be guaranteed to happen unfortunately if one fails to register.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that a simple mistake like failing to register will not become a bane on one’s life and become a thing of the past.

Queen of Pacific Taken Down For Cocaine Crimes In Florida

Fri, 03 May 2013 23:56:10 -0500

Sandra Avila Beltran, also known as the Queen of the Pacific, is accused the leader of Mexico's male-dominated drug trade and is the subject of a best-selling book and popular ballad. Mexican authorities said they were investigating a tip that she had received Botox treatments in prison. Beltran pled guilty in a Florida court to a charge connected to a cocaine trafficking case. She faces up to 15 years in U.S. prison after pleading guilty to being an accessory after the fact, according to an agreement filed in federal court.
The most common type of smuggling that occurs in Jacksonville cases are drug smuggling and distribution cases. Drug smuggling is a common criminal act that involves the illegal transportation of common substances such as cocaine, marijuana, heroin, as well as prescription drugs like oxycontin and other controlled substances defined under Florida law. Florida is extremely attractive for drug smugglers, both intrastate and internationally, because of Florida’s coastal borders, the ease of interstate highway access, the large number of international ports that allow passengers to arrive from many countries via aircraft, and Florida’s extremely close range to other countries known for having drug operations in the United States, such as Mexico, Cuba, and Columbia.

There are a variety of penalties that may be assessed according to the factors surrounding one’s particular case, such as the quantity and particular type of drug being smuggled. However, all convictions will expose the accused to excessive fines and a long prison sentence; one should not challenge this legal beast alone. One needs an experienced attorney at one’s side.

Many criminal drug organizations enlist the help of willing participants to smuggle illegal substances into Florida for distribution throughout the United States. Some smugglers will have false bottoms filled with drugs in their luggage. In other cases, unsuspecting citizens may become an active agent in a drug smuggling operation without even realizing it, being recruited for money to take a suitcase to a location, “no questions asked.”

Other Florida drug charges, particularly possession and distribution, occur within the state all the time and are increasing in number. Some of these drug charges can be simple misdemeanors while other more serious offenses can carry penalties up to 1st degree felony charges. Certain classes of drugs as defined in the Florida statutes bring about must harsher penalties due to their more dangerous nature. Even simple concoctions used for recreational use in drug manufacturing are classified in as much more dangerous substances. As such, certain circumstances surrounding the charge will help determine one’s fate in sentencing.

One’s distance from certain areas of businesses or public areas is also a factor in determining the sentence one might possibly face for a Florida drug distribution charge, possibly resulting in additional charges, particularly if one is within 1,000 feet of a:

- school;
- park;
- child care facility;
- community center; or
- other public recreational facility

Many times, people voluntarily consent to searches because they are scared the police will overpower or force them to undergo the search. However, one does not necessarily have to submit to search and seizure of ones’ person or property unless the police have a warrant. In many cases, a Florida drug distribution charge can be avoided if one’s experienced attorney can show the court evidence that one was unlawfully searched.

Many times, a number of complex criminal charges can leave the accused with a possibly long prison sentence. However, with the help of an experienced Jacksonville drug crimes defense attorney, one could persuade the Judge to render a much lighter punishment that would involve house arrest, intensive probation, and community service, rather than being solely incarcerated for a long period of time.

DEA Rates Florida Cultivation Capital For Marijuana

Thu, 02 May 2013 23:44:02 -0500

More than California, which has twice the population and girth, Florida in 2010 had more indoor marijuana cultivation operations than any other state. Roughly 820 operations were sniffed out that year. Many of the busts go down in South Florida, the DEA says, inside what it refers to as the South Florida High Intensity Drug Trafficking Area.

The courts have determined that one does not have a reasonable expectation of privacy in contraband. However, warrantless intrusion via listening devices, thermal imaging, and now drug dog sniffs, has been found to require a warrant in order to be conducted. The problem with cases like these involving drug dog sniffs is the reliability of the sniff. Drug dogs, even though specially trained for a purpose, are still dogs. Dogs get excited and will alert to things like tennis balls in trunks and animals in the vicinity. Even highly trained drug dogs still only smell “contraband”. This does not necessarily mean that drugs are present. Faint odors may remain when no contraband exists. Legal Incense is sold that smells like marijuana. A drug dog will alert falsely and police will invade because of legal activity like burning incense that causes a legal smell.

Many times, charges for marijuana grow houses surface after a utility theft case is brought, as many of these cases are tied to grow houses, where offenders use high amounts of energy, and in some cases, tamper with the meter or bypass it entirely to avoid raising suspicion. Often, these types of hydroponic operations include specially designed timing systems for lighting and irrigation, as well as electric meter diversions.

Because of electrical diversionary methods used by growers, electricians and power companies are another important resource for the police. FPL can monitor spikes in energy use and report unusually high electric bills to law enforcement agencies. In addition, the very electricians who are paid by growers to bypass electric meters are often informants. Many suspects arrested in grow-house cases will face felony charges for drug manufacturing, but only a misdemeanor charge for the theft of electricity.

The reason that Florida has high numbers of grow houses is that many Floridians run their air conditioning 365 days a year, and as such have high energy bills. Particularly in the summer, the police are not able to discern suspiciously high electrical bills, which normally highlight where a potential grow house might be. This invisibility attracts many growers and subsequent distributors.

Jacksonville, and other areas throughout North and Central Florida have now been referred to as the “hotbed” for marijuana growth. Marijuana in these areas can be easily grown to a particularly quality outdoors, not requiring the expensive equipment costs of a hydroponic operation. As such, more drugs can be turned out for a cheaper cost.

Many times, when one is charged with growing marijuana, the State will attempt to punish one by charging one with every single applicable charge possible. One of the most common charges is drug paraphernalia. All of the equipment used to grow the marijuana, smoke the marijuana, and store it, including jars.

Even if one is not growing marijuana in Jacksonville, if one has marijuana, most likely, one has a way to burn it. Many people roll marijuana into joints, blunts, and other forms via cigarette-style paper or re-purposed cigars. For others, getting high comes from a pipe or bong. Now, the Florida legislature is attempting to pass a bill to ban retail sale of bongs which has already passed in the Florida House, and possibly soon, the Senate. If this happens, the days of bongs in Florida are over. The legislation itself is wildly vague , without explaining whether or not one can still legally buy bongs on the Internet.

If one obtains an experienced Jacksonville drug crimes defense attorney to fight the case and ensure the illegally obtained evidence against one will be suppressed, limiting what the prosecution and police have access to, and possibly having one’s charges dropped.

Increased Number of Florida Car Burglary, Battery, and Theft Crimes

Tue, 30 Apr 2013 21:51:28 -0500

According to the Carrollwood Patch, over 35 calls for the crimes of car burglaries, battery, and theft were reported to the Hillsborough County Sheriff’s Office in Carrollwood, Northdale and Lake Magdalene for the period of April 17-22 alone. Many times, when people see these reports, they assume crimes have occurred. However, not all crimes reported are crimes committed.

When someone is either angry, scared, or confused as to the situation one might be in, society has prompted them to call the police and report that a crime has occurred. However, some overreact; others caused the crime themselves and are reporting someone else. However, not all situations are crimes; nevertheless, the police may make an arrest just in case the story of the crime is in fact true. If one has been arrested for similar crimes, one should be aware of one’s many defenses to these crimes, and what to do when one has simply been falsely accused.

Many times in car burglary situations in Jacksonville, the alleged burglar was simply the owner of a similar car, who thinks they have either been locked out of their car, have entered into an identical car that is unlocked, or have joint ownership in the car. Other times, medical conditions might come into play with some accused parties’ reasoning for the alleged burglary. Some of Jacksonville’s elderly citizens have wrecked stolen cars, unfortunately overcome by the ailments of dementia and Alzheimer’s, and simply are out of reach of their caregiver.

Battery charges are often reported to police for legitimate reasons, such as being beaten up by another person or group. However, not all battery charges are legitimate. Battery, particularly domestic battery, is a common charge that is the result of false claims by either a child, an estranged spouse, or other family member that has a grudge against the accused. Other times, battery claims are used to obtain custody of children during divorce proceedings.

When car burglary crimes, also known as "car hopping" are reported, many times, cash or other items are reported stolen. However, when the accused’s fingerprints are missing from the vehicle or the area in which the items were stolen, the amount of proof needed to convict one of the crime becomes difficult to muster. Many times, when co-ownership of a vehicle is involved, someone might remove an item from the car, either because of anger towards the other person, or other reasons. This is commonly seen in cases where someone will remove the stereo from a co-owned vehicle while the other person is away, and then accuse the other co-owner of stealing the stereo.

While the physical evidence may be present, the prosecution will need to prove the intent of the individual accused of any theft. This may prove to be more difficult for the prosecution to prove if one obtains an experienced Jacksonville burglary and theft crimes defense attorney to fight the case.

Florida Woman Sentenced To 26 Years In Prison For $11.7 Million Tax Fraud-Identity Theft Scheme

Mon, 29 Apr 2013 21:45:00 -0500

Alci Bonannee of Fort Lauderdale, the ringleader of a brazen South Florida identity theft ring that sought $11.7 million worth of fraudulent income tax refunds was sentenced to more than 26 years in federal prison. U.S. District Judge James Cohn sentenced Bonannee to 26 years and five months in prison and ordered her to pay more than $1.9 million in restitution.

Identity theft is the criminal act of taking another person’s identity for the purpose of obtaining credit, credit cards from banks or retailers, stealing money from a person’s existing accounts, applying for loans in the person’s name, establishing accounts with utility companies, leasing automobiles and residences, filing for bankruptcy, or even obtaining employment. Identity theft offenders also have used unsuspecting victim's identities to commit crimes ranging from traffic infractions to major felonies.

Some common identity theft crimes include:

- Hacking into computer databases or private computers to gain financial information
- Phishing (posing as a reputable company to gain personal and financial information)
- Mail theft or dumpster-diving to obtain financial applications or information

Identity theft is not prosecuted on the same level for all offenders. For example, an individual that uses a person’s credit card once at a store and gets caught is not charged and punished in the same way that a serial offender, or an individual who gathers masses of information for use or sale. Thus, the penalty for identity theft ranges from fines and community service, to time in prison.

Tax fraud usually stems from an accusation of intentional concealment or misrepresentation of one’s financial situation in an effort to reduce the taxes one either has or increases the amount one gets back on a return. Sometimes the crime involves simply falsifying deductions, stating an incorrect income in order to fit in a certain tax bracket, under-reporting or not reporting one’s monetary gains; however, some of these crimes are as complicated as forging federal tax forms.

Both charges are different from other theft crimes in Jacksonville, as these charges, are considered by most to be a white collar crime and is investigated by the Internal Revenue Service ("IRS"). The Criminal Investigative Division ("CID"), the IRS’s specialized investigative unit, composed of individuals with strong accounting and financial backgrounds, is responsible for combating tax fraud.

Identity thieves transfer the information stolen into money via tax fraud. Recently, some identity thieves have impersonated the deceased, using personal information obtained from death notices, gravestones, obituaries and other sources to exploit delays between the death and the closure of the person's accounts, banking on grieving families’ not checking the deceased’s credit after they died. Such crimes may continue for some time until the deceased's families or the authorities notice and react to the discrepancies.

Florida Legislature Proposes Bill For Stricter Organized Retail Theft Punishments

Sat, 27 Apr 2013 12:04:33 -0500

Organized retail theft bills sponsored by State Sen. Kelli Stargel (R-Lakeland) and Rep. Ross Spano (R-Riverview) in Florida have each been making their way through legislative committees. If passed, the legislation would mean that suspects found guilty of retail thefts totaling more than $50,000 would face stiffer sentences.

Every day in Jacksonville, kleptomaniacs and five-finger discount enthusiasts slip into malls and stores across the region to do one thing: shoplift. Lifting items more than $50,000 from a retail store, or any store for that matter, is difficult to get away with, much less multiple times with the advancements of video surveillance and other forms of theft monitoring. In order to accomplish many of these higher value Jacksonville theft crimes, a concerted effort will be required.

Some will steal because they want to, some will even steal from the department store they work at. However, teams of professional shoplifters are on the rise, some in their early teens and others employees themselves. They will work in teams and execute thefts with pre-determined moves, using distractions, sleight of hand, and marking blind spots in security camera viewing range in order to steal items, sometimes very costly.

Many think that those accused of shoplifting are automatically impulsive petty criminals or bored celebrities with risky behavior; however, retail theft is being seen in a new and more sinister context, experts say. Since the economy took a nosedive, many people are tempted to look inward to their workplace for items they can either steal for their own use or for resale. For many, whether the workplace is a gas station, a retail store, or even an apartment complex, one may be accused of being involved in theft schemes that are very elaborate.

Many times, shoplifting happens not because the money to pay for the item does not exist or would not be gladly paid under other circumstances, but because of other legal restrictions, the item cannot be purchased. Many times in these situations, the theft occurs via creative but still deceptive means. Juveniles have in the past “paid” for cans of what appeared to be soda but was in fact stolen beer placed in a 12 pack of canned soda. Other times, people will bring grocery bags from a previous visit to the store, take the items they want from the shelf, place them in the store bags out of view of the customer service representatives, wait for the door of the store to become congested, and then slip out with the crowd, most likely unnoticed.

In cases like the previous, law enforcement, as well as store loss prevention officers become angry, as many of those cases go unsolved or unprosecuted. When those officers feel that they have in fact stopped a shoplifter, whether or not the validity of the assumption is proven or not, they will go after that many times innocent customer who decided to take a stroll through the store for a gallon of milk. The following illustrates a very common and unfortunate situation where law abiding citizens are accused of shoplifting crimes:

A busy parent is shopping at Wal-Mart with three young children. The parent is trying to watch the children while reading the label of a medicine for their sick child at home and talking to their spouse about how they are doing. While turned away, the child picks up an item and places it in the shopping cart, eventually being covered up by something else, being lost from view. The parent pays for all the items they thought was in their cart and hurriedly rushes to the door, so they may attend to their child; however, the parent is met at the door by loss prevention officers who accuse the parent of theft from their store.

From that point, one is grilled with questions from a loss prevention officer who automatically believes that one stole from the store and will tell the police officer arriving on scene that one stole from the store. Many times, regardless of one’s innocence, the officer will side with the store, many times because of all of the previous shoplifting cases they have seen.