Jacksonville Criminal Lawyer Blog

The Florida Highway Patrol received new information about a 2003 hit and run case that involved a fatality and are actively looking for their new suspect, according to an article on News4jax.com. The article indicates that an informant has given the police the identity of a man who was involved in an accident in 2003 that killed another man. The suspect then left the scene of the accident.

One question one may ask about this case is whether a person can be charged with a crime 7 years after the crime occurred. The statute of limitations can prevent the state from moving forward with charges if too much time has passed. The amount of time depends on the type of charges and certain other factors. However, when the crime involves a death, there is no statute of limitations in Florida.

However, in defense of the suspect, a criminal defense lawyer would obviously investigate why it took so long for this informant to come forward and identify someone 7 years after the crash. And, under what circumstances did this informant come forward? Is the informant facing charges of his own, and is he/she looking for some way to get a break from the state? Additionally, how good is the informant's memory, and what details can he/she remember 7 years later? Are there other facts that corroborate the informant's information?

Despite what may be shown on TV, it is not common for cases to be revived and arrests to be made based on new information several years after the alleged crime. However, it does happen, and there is no statute of limitations on death cases. But when it does happen, serious questions are raised about the reason for the delay and the strength of the evidence.

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Posted In: Felony Crimes

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A Jacksonville man still in the hospital was arrested for DUI manslaughter and other charges after being involved in an accident that caused the death of a St. Johns County deputy. According to reports following the crash, the suspect was driving the wrong way on State Road 9A in Jacksonville and had been drinking prior to the crash. The reports indicate that the suspect submitted to a breathalyzer test that showed his blood alcohol level to be almost twice the legal limit of 0.08.

As most people know, if a person drives while under the influence of alcohol to the extent that his normal faculties (i.e. vision, judgment, coordination, balance, speech, etc) are impaired, he/she can be charged with DUI, which is a misdemeanor crime. Although a first or second DUI will always be a misdemeanor, that crime has reached the point where the penalties can be quite severe including jail, probation, community service, a large fine and a suspended license.

However, the charge of DUI can also be a felony charge in some situations and result in much more serious penalties such as significant prison time. If a person gets a third or fourth DUI, the State may have the option of charging the defendant with a third degree felony that carries a maximum penalty of five years in prison. However, the State in the Jacksonville, Florida area typically will still charge those cases as misdemeanors.

However, if a person is alleged to be intoxicated and involved in an accident that causes serious injury or death to another, that person will almost certainly be charged with a felony- either DUI with serious bodily injury or DUI manslaughter. These are very serious cases for which the State often recommends significant jail or prison time.

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Posted In: DUI , Felony Crimes

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In a recent criminal case that occurred west of Jacksonville, Florida a person was arrested and charged with fleeing or attempting to elude a police officer after he fled from a police officer trying to make a traffic stop. Fleeing or attempting to elude a police officer is a serious criminal charge in Florida. Assuming there is no accident or injuries as a result of the fleeing, tt is a third degree felony which can carry a maximum sentence of 5 years in prison.

In this case, the police officer testified that he saw the suspect driving a vehicle on which the taillights were broken. The police officer tried to stop the suspect, and the suspect fled in his vehicle. The suspect was ultimately caught and arrested.

In order for the state to prove the crime of fleeing or attempting to elude a police officer in Florida, the state must establish that the defendant intentionally tries to get away from a police officer's vehicle that is properly marked with the police agency's insignia and its siren and emergency lights activated. In other words, the state has to prove that the suspect intentionally tried to flee and would have known the person chasing him/her was a police officer because the police vehicle was properly marked and lit.

In this case, the police officer testified that he had his lights and sirens on and he was driving a marked vehicle. However, the police officer did not testify that his police vehicle had the police agency's insignia on it. Because the state failed to establish this element, the case was thrown out.

The law says what it says, and if the police and the state do not prove every element of the crime, the case should get thrown out. In the case of a fleeing or attempting to elude a police officer charge in Florida, many police officers are driving unmarked vehicles or partially marked vehicles. If the state cannot prove that the person allegedly fleeing from the police officer knew or would have known he/she was fleeing from a police officer because the car was not properly marked, that charge should not hold up in court.

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Posted In: Felony Crimes

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