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Criminal Law

Florida Criminal Law Blog

Covers criminal cases in the Pensacola area, including those of the author, offering commentary and opinion.
By M. James Jenkins, Esq.

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Last Entry: December 23, 2010 at 06:50:45

New Crimes as a Result of Internet

Posted on May 25, 2008
Also, 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

Is Attorney contact with witnesses and victims allowed in Florida?

Posted on April 21, 2008
Often 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, 2008
In 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...

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Steroid laws in Florida and in the Federal System

Posted on November 18, 2007
With 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, 2007
In 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, 2007
On 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, 2007
I 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, 2007
In 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, 2007
In 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, 2007
The 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, 2007
Pensacola 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, 2007
Pensacola 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, 2007
On 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, 2007
I 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, 2007
The 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, 2007
I 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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