Saint Augustine Criminal Attorney

What is an Arraignment?

Fri, 11 Nov 2011 15:24:19 +0000

The arraignment is the defendant’s response in open court to the formal charges filed by the state. It may invlove merely a reading of the charges and the defendant’s plea. This type of arraignment is comon if the charges are federal and being prosecuted in the Middle District of Florida. The defendant may waive reading of the charges and, if represented by counsel, their counsel may waive arraignment by filing a written plea of not guilty at or prior to arraignment. This type of arraignment is common in St. Johns, Putnam, Flagler and Volusia counties. In Jacksonville the arraignment takes place at the jail and is commonly referred to as J1. If the defendant is not represented, the court must advise the defendant of their right to counsel of choice or appoint counsel at arraignment and all subsequent proceedings. If you have pending criminal charges and have any questions about your arraignment call me at 824-9402.

What is Hearsay?

amorgan — Wed, 28 Sep 2011 17:18:05 +0000

Hearsay is testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. Such testimony is generally inadmissible. The chief reasons for the rule are that out-of-court statements amounting to hearsay are not made under oath and are not subject to cross examination.

Understanding what is hearsay, what is not hearsay and how to effectively use the Rules of Evidence as they relate to hearsay is important if your case will be litigated before a judge or jury. Learning the “art” of hearsay is difficult and in our opinion is best learned in trial. At Canan Law we have combined experience of more than 200 jury trials. No other Firm in town comes close to these numbers. If you or a loved one has a pending criminal case, call 904-824-9402 to make an appointment and let us tell you more about our successes.

Do I Have a Right to Bond?

amorgan — Wed, 28 Sep 2011 15:44:19 +0000

All persons in custody for the alleged commission of a crime are entitled to pretrial release on reasonable condition, unles (i) charged with a capital offense or an offense punishable by life imprisonment and (ii) the proof of guilt is evident or the presumption of guilt is great. However, if no condition of release can reasonably protect the community from risk of physical harm to person, assure the presence of the accused at trial, or assure the integrity of the individual process, the accused may be detained.

If you would like to review the Florida Rules of Criminal Procedure click HERE

Can you convict someone of kidnapping when they steal a car that has a child inside?

amorgan — Fri, 23 Sep 2011 18:34:22 +0000

Delgado v. State, Florida Supreme Court (9/15/2011)

Defendant who stole vehicle while a 2 year old child was asleep in the backseat was erroneously convicted of kidnapping because the defendant was not aware of the presence of the child when he stole the vehicle and the fact the defendant may have become aware of the presence of the child after the theft of the vehicle is not relevant to kidnapping charge, because state must prove that defendant became aware of the child before or during the car theft.

Kidnapping is a very serious charge but can sometimes be tricky to prove. I remember my first kidnapping case as a prosecutor and recall the difficulty we had in contecting all the dots. If you or a loved one has been charged with kidnapping call our office and let us put our expereince to work for you.

If arrested how quickly will you see a Judge?

amorgan — Fri, 23 Sep 2011 18:18:35 +0000

Every arrested person including juvenile defendants must be taken before a Judge within 24 hours of arrest, either in person or by closed circuit TV. The Judge must advise the defendant of the charge(s) against them and furnish them with a copy of the charges. The Judge must also advise them of their rights to remain silent and their right to have counsel. If the defendant is indigent and the charge is punishable by incarceration upon conviction, counsel must be appointed at first appearance if requested. The Judge may postpone the first appearance to permit Canan Law to appear and represent the defendant. However, if the postponement is likely to exceed 24 hours, the judge may appoint counsel for the limited purpose of representation at the first appearance. If the state fails to comply with 24 hour rule the defendant is entitled to be released but may still be prosecuted.

If you or a loved is about to be arrested or was arrested call or office (824-9402) anytime day or night. We have an answering service that will page all three lawyers. We will immediately call you back and will be there to help.

Search and Seizure in St. Johns County

Patrick Canan — Mon, 19 Sep 2011 18:44:48 +0000

A new case just arrived from the 1st DCA involving the mutual use of property by persons with joint access. Kohn v. State of Florida. A claimed”victim” and occupant of a residence allowed law enforcement to search residence . The trial court denied a pre-trial motion to suppress evidence found in defendant’s residence because the totality of circumstances, including victim’s being picked up by officer from a home near defendant’s apartment to which she claimed to have escaped, her telling officer of being attacked and held against her will, and her assurances that she shared the apartment with defendant, justified the officer’s reliance on the victim’s authority to consent to the search . In other words, subjecting officer’s reliance on victim’s apparent authority to a reasonable basis standard, officer was not required to wait to enter until he confirmed or verified the victim’s claim that she lived at apartment, had a key, or was named on the lease.

The 1st DCA does not cover St. Augustine or St. Johns County trial courts , but this opinion is the law. Although a warrant is usually required to conduct a search, there are six exceptions to the warrant requiement. Consent is one of the exceptions and this case illustrates how your roomate or other occupants of your home can, under some circumstances, allow law enforment to search your property.

Jurisdiction of Appellate Courts

amorgan — Mon, 19 Sep 2011 17:53:43 +0000

Four levels of courts have subject matter jurisdiction in criminal cases: county courts, circuit courts, district courts of appeal, and the Supreme Court of Florida. County court cases are appealed to the circuit court then the district court and finally the Supreme Court. Circuit court cases are appealed to the district courts then Supreme Court.

The district courts of Appeal have appellate jurisdiction over:

Final orders in criminal cases not directly reviewable by the Supreme Court of Florida
Non-final orders in criminal cases to the extent authorized by law
Final orders in criminal cases of circuit courts acting in their appeal capacity; and
Writs

The Supreme Court of Florida has appellate (either mandatory or discretionary review) jurisdiction over:

Final orders in cases in which the death sentence is imposed
Final orders in criminal cases of decisions of district courts of appeal that initially and directly pass upon the validity of a state or federal statute or construe a provision of the state or federal constitution
District court decisions in criminal cases that directly and expressly conflict (or are certified to conflict) with a decision of another district court or the supreme court on the same point of law, or those that certify questions to the court
Writs
Orders of trial courts certified by a district court of appeal to require immediate resolution by the supreme court.

Click HERE to review a map of Florida’s five district courts.

Criminal Conviction Reversed

Patrick Canan — Thu, 08 Sep 2011 19:43:05 +0000

This is a new criminal case from the 3rd District Court. The defendant was convicted of both organized fraud and grand theft in violation of double jeopardy principles. The trial court should have set aside the conviction for the lesser offense of grand theft. Thankfully, we have appellate courts to sometimes right the wrong…to reverse a decision made by the trial court.

The 3rd DCA is a south Florida appellate court. St Johns County and St. Augustine trial courts are covered by the 5thDCA that is located in Daytona Beach

What Cases are Handled in Circuit Courts?

amorgan — Wed, 31 Aug 2011 20:48:05 +0000

Four levels of courts have subject matter jurisdiction in criminal cases under Florida law; county courts, circuit courts, district courts of appeal, and the Supreme Court of Florida. There must be at least one in each of Florida’s 20 judicial circuits and they have jurisdiction over all cases not triable in the county court, including:

a) All felonies

b) Misdemeanors that were committed with a companion felony

c) Juvenile cases

d) Writs (see future posts for explanation)

e) Drug Court

At Canan Law we handle many circuit court cases a year in St. Johns County and throughout the State of Florida. Felonies are the most serious criminal offenses if you have any questions about your case please call we’re here to help.

What Cases are Handled in County Courts?

amorgan — Wed, 31 Aug 2011 20:35:52 +0000

Four levels of courts have subject matter jurisdiction in
criminal cases under Florida law; county courts, circuit courts, district
courts of appeal, and the Supreme Court of Florida. County courts are always
trial courts and there must be at least one in each county. County court jurisdiction
is defined by Florida Statute 34 and they hear the following criminal cases:

a) All misdemeanors except those joined with a felony

b) Violations of county and municipal ordinances; and

c) First appearance proceedings

At Canan Law we handle many county court cases a year in St. Johns, Putnam, Flagler and Duval. We have a strong working relationships with the Judges and prosecutors. Let us put or knowledge, insight and connections to work for you.