Criminal Law
Florida Criminal Law Blog 
Covers criminal cases in the Pensacola area, including those of the author, offering commentary and opinion.
Post Frequency: 0.1/day Last Entry: November 13, 2009 at 15:40:34 Recent Entries: 35
By M. James Jenkins, Esq.
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Plea Deal Reneged -- Roman Polanski
Posted on November 13, 2009News coverage of the Roman Polanski arrest as he attempted to enter Switzerland to attend the Zurich Film Festival to receive an award in September of 2009 has been extensive. The case involves Mr. Polanski, when he was 43 years...
The Risks of Narcotics Dealing
Posted on October 10, 2009In Pensacola and Florida, as well as throughout the entire country, we often hear stories in the news media about people?s homes being searched by law enforcement who discover all types of incriminating evidence. The majority of these stories, but...
Reasonable Expectation of Privacy at Police Stations
Posted on August 24, 2009A corollary issue to the blog written below, "Recording Telephone Conversations and Communications in Florida," about the recording of telephone conversations is a person's reasonable expectations of privacy in police stations and in the back of police squad cars...
Feds Investigating Powerful Congressman for Corruption
Posted on August 10, 2009In Pensacola recently I sat down with two responsible Associated Press journalists writing a story on the developing criminal investigation by the Justice Department involving two long time powerful Congressman Reps. John Murtha, D-Pa. and Pete Visclosky, D-Ind...
Controlled Substances-Simple Possession can be Trafficking
Posted on July 04, 2009In the State of Florida, Pensacola all the way down to Miami, the mere possession of certain controlled substances , even in very small amounts can carry trafficking minimum mandatory prison sentences. This brief articles addresses the tremendously horrendous...
Recording Telephone Conversations in Florida
Posted on May 30, 2009Many Florida and Pensacola lawyers are asked about whether it is illegal to record telephone calls. Florida Statute section 934 governs the recording of electronic communications in Florida. It?s extremely important to seek legal advice from an attorney if you...
Recording Telephone Conversations and Communications in Florida
Posted on May 30, 2009Many Florida and Pensacola lawyers are asked about whether it is illegal to record telephone calls. Florida Statute section 934 governs the recording of electronic communications in Florida. It?s extremely important to seek legal advice from an attorney if you...
Client's Testimonial on Pensacola Criminal Defense Attorney Jim Jenkins
Posted on April 19, 2009Potential Client, If you're reading this, you may be in the very difficult position of having to secure legal representation for yourself. I do not envy you. I, myself was in the same position approximately a year ago. The road...
Pensacola Man Recieves Below the Guidelines Sentence in Federal District Court for Possession of Child Pornography
Posted on April 11, 2009A Pensacola Criminal Defense Attorney walked out of the Federal District Courtroom in Pensacola on Good Friday relieved, joyful for his client and with a sense that a reasonable, federal sentence had been imposed in his client's case by a...
Pensacola Police Knock Down Door Over $1100
Posted on April 03, 2009The Pensacola New Journal reported on a story yesterday that, based on what was reported, concerns me as a criminal defense attorney who practices criminal law primarily in Pensacola. My comment here has nothing to do with the sinister...
Being an Effective Advocate for Your Clients - Part III
Posted on March 22, 2009What can do to more effectively assist our clients in navigating the treacherous waters of the justice system and all of the personality types of the people within it? In my experience, generally I have found it extremely beneficial not...
Being an Effective Advociate for your Client - Part II
Posted on March 21, 2009Learning Why Some People Need or Want Power Abraham Lincoln once said: ?Nearly all men can stand adversity, but if you want to test a man?s character, give him power." The phenomenon called ?power? changes most human beings lives and...
Being an Effecitve Advocate for Your Client - Part I
Posted on March 15, 2009People in Positions of Authority Certainly prosecutors are in a ?position of authority? as are many of us in some form or fashion. Being a former prosecutor for a few years I can still remember how it felt to be...
Neglect of the Elderly
Posted on March 07, 2009I recently resolved a case in Pensacola where my client had been charged under Florida Statute 825.102(3) with ?neglecting or abusing an elderly person,? a third degree felony, by failing to timely pay her mother?s nursing home bill. Although it...
Committing a Life Felony without Leaving Home
Posted on February 07, 2009The internet has improved our lives in many ways. We can now chat with people all over the world, have information at our fingertips better than any encyclopedia sold in days gone by could provide, arrange travel ourselves, etc. ?...
How Do I Pick an Attorney?
Posted on October 12, 2008When John's Mother learned he was arrested and placed in jail on a $100,000 bond she didn't know what to do. She had never had any dealings with an attorney before in her life and neither had John who had...
Ray Guhn Prosecution in Pensacola
Posted on June 30, 2008In Santa Rosa County last week four individuals from Escambia and Santa Rosa County entered pleas relating to state court charges of RICO, Florida Statute 895.03, which basically means ?running a criminal enterprise by a pattern of criminal incidents...
New Crimes as a Result of Internet
Posted on May 25, 2008Also, this case potentially could impact the law of solicitation in regards to the First Amendment more so than the impact on child pornography law. Eugene Volokh of the "Volokh Conspiracy" writes: "Today's U.S. v. Williams opinion might seem like a child pornography case; but the key (though not unexpected) holding is that there is a First Amendment exception for solicitation of crime or offer to commit a crime, see Part II-B...
Internet Crimes - A New Battlefield
Posted on May 25, 2008Also, this case potentially could impact the law of solicitation in regards to the First Amendment more so than the impact on child pornography law. Eugene Volokh of the "Volokh Conspiracy" writes: "Today's U.S. v. Williams opinion might seem like a child pornography case; but the key (though not unexpected) holding is that there is a First Amendment exception for solicitation of crime or offer to commit a crime, see Part II-B...
Is Attorney contact with witnesses and victims allowed in Florida?
Posted on April 21, 2008Often times it is necessary, in the right type of case, to contact the victim/witness to simply to develop a relationship with them and obtain their version of events. In some cases where the evidence of guilt of the client...
Being Arrested is Different from Being Formally Charged
Posted on April 19, 2008In Pensacola, as elsewhere in Florida, once a law enforcement agency arrests a person the paperwork is then forwarded to the State Attorney's Office (prosecutor's office) to determine what formal charges should actually be filed. An arrest by the...
Steroid laws in Florida and in the Federal System
Posted on November 18, 2007With all the Barry Bonds media coverage I thought it might be helpful to discuss an area of Florida and Federal law that could impact many athletes and even your local gym enthusiasts: the use of steroids or growth hormone to enhance physical performance or increase muscle mass...
New Rules for Juror's in Florida Civil and Criminal trials
Posted on October 30, 2007In 1999 the Florida Legislature passed the Juror??s Bill of Rights, now codified as Florida Statute 40.50. In October of 2007, the Supreme Court of Florida adopted some of these ??rights?? and incorporated them into the Florida Rules of Procedure and the Florida Standard Jury Instructions...
Authorities Raid Sweepstakes Arcades in Pensacola
Posted on October 21, 2007On October 4, 2007 this year, four sweepstakes arcades, including two in Pensacola were raided by a joint law enforcement task force including officials from the First Judicial Circuit Office of the State Attorney. The probable cause stated in the search warrant alleged that illegal gambling was occurring at these four locations...
Bringing a Little More Justice to Pensacola?
Posted on August 27, 2007I left Pensacola to travel to Wyoming on August 19th this year to spend another week at a graduate level program at the non-profit Trial Lawyer?s College (TLC). The lawyers and staff that attend live in a barn that has had it?s bottom half converted to a co-ed dorm with twin beds in each room or out buildings with similar, austere accommodations...
Puppy in Pensacola Reunited with Owner by Court
Posted on August 18, 2007In a Pensacola courtroom yesterday a courageous judge issued one of the most articulate, well reasoned decisions I have heard or been a part of in 22 years of practicing law - a decision based upon facts presented in a long hearing about a man who truly loved his dog; a decision made without consideration to the misdirected television and press coverage this case had received in the days following the July 4th accident where the dog was accidentally injured by it's loving owner Pompeyo Morales...
Pensacola Deputy Found Not Guilty in Beating of Suspect
Posted on April 28, 2007In Pensacola last week I represented a Escambia County Deputy who was charged with felony battery on a handcuffed suspect. The Pensacola News Journal reported that my 300 pound former deputy client stomped on the suspect's head while handcuffed causing severe wounds to his face, a fractured nose, and then was body slammed against a door as he was being taken out of the building he had been hiding out in...
Pensacola Milton Ice Cream Man Media Madness Again
Posted on March 29, 2007The lead story on Pensacola television last night and in the Pensacola News Journal today was a lead story involving an elderly man who was accused of molesting two teenage girls while the girls worked on his ice cream truck two years ago. I represented this old fellow at trial in February of 2006 and the all female jury, after considering the actual evidence against him, cleared him of all charges relating to molesting either girl...
Pensacola outcry over Criminal Sentencing of Tasing Police Officer Too Lenient
Posted on February 21, 2007Pensacola Federal District Court Casey Rogers was criticized by the editorial in the Pensacola Florida News Journal in Sunday's paper on February 28, 2007 for imposing too lenient of sentence to Former Escambia County Sheriff's Deputy Charles Dix. Yes, from what one reads in the Pensacola New Journal the sentence seemed light...
Pensacola murder case involves Florida's Criminal Street Gang Prevention Act
Posted on January 25, 2007Pensacola Circuit Court in Pensacola, Florida is currently involved in a case you don't see often in this "neck of the woods" - a gang related case. In Florida is someone commits a crime while part of a gang they are subject to enhanced penalties under Florida's Criminal Street Gang Prevention Act, Fla...
30 Year Anniversary of the Death Penalty in the United States
Posted on January 23, 2007On January 17th, 1977, after a four-year moratorium against capital punishment in the United States, Gary Gilmore was executed in Utah. His death, along with his bold last words ("let's do it") prompted a media and pop culture feeding-frenzy, inspiring songs by The Police and British punk band the Adverts, a "Saturday Night Live" sketch and numerous books and films...
DUI Prosecutions in Florida
Posted on January 23, 2007I have seen the methods and tactics of law enforcement in Florida in driving under the influence cases greatly improve over the last ten (10) years or so. Now, there are special units within almost all law enforcement agencies who?s job it is to specifically detect DUI (drunk driving) drivers...
Florida Legal Issues in Domestic Violence Cases
Posted on January 23, 2007The landscape of cases involving domestic violence has drastically changed in the last decade. Once, a matter of intra family resolution, these cases have now become a tremendous burden to the justice system. Prosecutor's offices must now assign special prosecutors to these cases...
Pensacola Courtrooms are open to the public. Come watch!
Posted on January 23, 2007I have talked with a lot of people who are unaware that they can venture into any courthouse in our country, including any in Pensacola or anywhere in Florida, and watch real life drama unfold. Sometimes, is special cases, for example child abuse cases, the courtroom may be closed when a child testifies...
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Will my Criminal Record prevent me from naturalizing or getting a Green Card?
A Lawful Permanent Resident can apply for United States citizenship after 5 year...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
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