Defending Your Rights in Duval County

Being charged with a crime in Duval County can be an overwhelming and scary experience. As a Jacksonville criminal defense attorney, I have seen many good people find themselves facing criminal allegations through no fault of their own. My goal in this article is to provide an overview of some key aspects of criminal defense in Duval County, and share resources that may help if you or a loved one are accused of a crime.

Initial Steps After an Arrest

If you have been arrested in Duval County, the first thing you should do is invoke your right to remain silent until you have a chance to speak with a defense attorney. Anything you say to the police can be used against you, so it’s important not to provide any statements before consulting with counsel.

Once you have been booked into jail, you will go before a judge who will consider whether to set bail or release you on your own recognizance as you await trial. Factors like prior criminal history and the severity of the charges impact these decisions. If bail is set, you will need to arrange payment of the bail amount to secure your release while the case makes its way through the system.

Ideally you will have a defense attorney present at bail hearings and initial appearances. An experienced lawyer can advocate for your release and begin mounting a defense strategy immediately. If you cannot afford private counsel, the court can appoint a public defender.

Finding the Right Defense Attorney

Choosing the right criminal defense lawyer is crucial for achieving the best possible outcome. Key qualities to look for include extensive experience handling cases in Duval County courts, skill negotiating with prosecutors, and a willingness to take cases to trial when warranted.

It also helps when attorneys have experience as former prosecutors. This inside perspective on how the State Attorney’s office operates can inform defense strategy. Top attorneys build relationships with judges and prosecutors and understand all the intricacies of the local system.

Take time to research options online, ask people you trust for referrals, and meet with prospective attorneys before deciding who to retain. The right lawyer for your specific situation can make all the difference.

Common Crimes and Defenses

Duval County sees prosecutions for a wide range of crimes, from non-violent drug possession to serious felonies. Some of the more common charges include:

• Drug crimes – Jacksonville has strict enforcement around marijuana, cocaine, heroin, prescription medications, and other controlled substances. Key defenses can include illegal searches, entrapment by police informants, and questioning the chain of custody for drug evidence.
• DUI – Jacksonville has a high rate of DUI arrests. Defenses focus on challenging accuracy of breathalyzers and field sobriety tests. We also scrutinize traffic stops to uncover racial profiling or lack of reasonable suspicion for the stop.
• Theft/burglary – Mistaken identity is a common defense here. We also argue illegal searches when evidence stems from warrantless searches of vehicles, homes, cell phones or other property.
• Violent crimes – Self-defense, stand your ground arguments, and questioning the credibility of witnesses and accusers are all tactics we use. We have seen many assault, battery and domestic violence charges thrown out or reduced.
• Sex crimes – False allegations happen, and DNA evidence is not foolproof. We have achieved many dismissals and acquittals for clients wrongfully accused.

Diversion Programs

For some first-time, non-violent offenses, Duval County offers pretrial intervention and diversion programs. These contracts between defendants and prosecutors allow charges to eventually get dismissed following completion of restitution, community service, counseling or other requirements.

The pretrial intervention program in particular has helped many people resolve mistakes without a permanent criminal record. However, you generally need an attorney to negotiate acceptance into these programs on your behalf.

The Costs of a Conviction

The impacts of a criminal conviction extend well beyond jail time and fines. Your ability to secure housing, loans, professional licenses, college admission and even child custody rights are all put in jeopardy. Voters passed Amendment 4 in 2018, restoring voting rights to over a million Floridians previously disenfranchised due to felony convictions. But convictions still strip many rights central to productive citizenship.

This is why zealously defending your rights and fighting charges is so important. The collateral consequences simply become too great for many people to overcome.

Recent Case Results

To give you a sense of what aggressive defense can achieve, here are some recent successes my firm has secured:

• We convinced prosecutors to drop felony burglary charges after showing our client had permission to enter the residence in question.
• We negotiated pretrial intervention and eventual dismissal of gun charges against a defendant accused of displaying a firearm during a road rage incident.
• We had cocaine trafficking charges reduced to simple possession and got our client into drug court rather than prison following an illegal vehicle search.
• We obtained acquittal on child abuse allegations after demonstrating inconsistencies in the alleged victim’s testimony.

The common thread is taking the time to dig into the details and build a compelling counter-narrative to weaken the prosecution’s case. This opens doors to get charges dropped or reduced in many instances.

Finding Hope

Defending your freedom following an arrest feels daunting in the moment. But having an advocate who believes in you and leverages their expertise can drastically shift outcomes in your favor.

If you or someone you love are facing criminal prosecution in Jacksonville, I encourage you to explore your defense options right away. An attorney may identify suppression issues, reasonable doubt arguments and other opportunities you never realized existed.

While the government wields tremendous power through law enforcement and the court system, robust constitutional protections remain in place to safeguard the accused. By standing upon these rights, many people find justice despite the initial appearance of a hopeless situation after an arrest.

My firm would welcome the opportunity to evaluate your case during a free consultation. Please reach out 24/7 to learn more about how we can assist. The call is confidential, and you have nothing to lose by exploring your defense rights.