Lonker Law Group Blog
Jacksonville DUI, Divorce, Criminal Defense & Personal Injury Lawyer. Your Justice is our job.

The Myth Of Professional Accountability In Criminal Cases In Jacksonville, Florida

by Administrator 6. January 2013 16:38

If you or anyone you know has been arrested for any crime in Jacksonville, Florida, you already know that there is no such thing as innocent until proven guilty.  There are a multitude of innocent people sitting in jails throughout our state including the county of Duval within the Fourth Judicial Circuit in Florida.  But how many of you know that the government’s prosecutors have complete or absolute immunity from suit for their actions in a case even when those actions are made in utter bad faith?  Yep.  It’s true.  The Supreme Court has upheld that the government’s employees (i.e. the prosecutor) cannot be sued by defendants when the prosecutor pursued cases in which they knew the defendant was innocent.  As such, if you think that prosecutors, or the police for that matter, do not have a stake in the fight in a criminal courtroom, you are certainly mistaken.  The assumption that prosecutors are or will be disciplined for violating the rights of a criminal defendant is delusive.

Having said that, I can honestly say that I have met some very very good prosecutors who understand their role in protecting and achieving justice and when they have evidence that shows a defendant is innocent, then they have provided it.  The problem is that that number is far less than the individuals who just want to win regardless of the life at stake on the other side.  If you have been arrested, please hire a Jacksonville Criminal Defense Lawyer.  Without a criminal defense attorney in Jacksonville, Florida or in any jurisdiction for that matter, the defendant does not stand a chance in most courts.  Call Lonker Law Group today.  Your Justice is Our Job.

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Oscar Pistorius: The Blade Gunner?

by Administrator 16. November 2012 16:35

As a Jacksonville criminal attorney, I often conference with clients who have a family member charged with murder just as Olympic hero and paraplegic, Oscar Pistorius has been.  Many times these cases are all over the media and the defendant doesn’t stand a chance at a fair trial because the media is only privy to the public information that the Government provides.  For example, the only thing the media has told us about the Oscar Pistorius case is that he shot his girlfriend three times and killed her.  It seems as though the case is open and shut, right?  But don’t be too quick to judge.  What really happened?  We know that Oscar Pistorius thought his girlfriend was an intruder.

In Florida, we have the castle doctrine, which, in the simplest of terms, allows a homeowner to use deadly force to protect his or her property.  The media hasn’t mentioned any of the laws that may be in place in South Africa that are similar to this lesser known Florida law.  I encourage all interested in this case listen to both sides of the argument as Mr. Pistorius has informed the police that he thought the victim was a burglar.  If South Africa has a similar law as Florida with the Castle Doctrine, then this case will not be as open and shut as the media would like to portray.  If you have been charged with a serious felony, contact Jacksonville, Florida’s criminal felony lawyer today!

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How Many Jurors Understand Their Role In DUI Cases?

by Administrator 16. August 2012 16:34

Jurors have the responsibility of judging the facts in a criminal DUI case in Jacksonville, Florida and in any state.  But how many jurors actually understand their role in the court room?  Should jurors be allowed to make decisions regarding complex legal issues?  Most of you reading this article have probably been summonsed for jury duty.  And many of you understand that it is very difficult to leave your emotions and personal life events at the courtroom door.  A juror in a DUI case must decide three things and only three things, which are as follows:

1.  That the Defendant was driving or in actual physical control of the vehicle,

2. That while driving, or in actual physical control of the vehicle, the defendant was either:

a.  under the influence of an alcoholic beverage or controlled or chemical substance to the extent that his normal faculties were impaired, or

b.  had a blood or breath alcohol level of .08 or higher.

Many times when a DUI defendant in Jacksonville, Florida does not take the breathalyzer, the only way to prove a DUI has occurred is by examining a person’s “normal faculties.”  Normal faculties are defined as the ability to hear, see, walk, talk, understand directions, judge distances, act in emergencies, and to normally perform the many mental and physical acts of our daily lives.  Many times a jury will think, “well, he was PROBABLY drunk,” or “he MIGHT have had his normal faculties impaired or the police wouldn’t have pulled him over.”  Not. True.  A juror’s role is not to solve the case.  A juror’s role is to decide whether the state has  proven its case beyond any and all reasonable doubt.  If a juror is thinking, “well, he PROBABLY did it,” then that is reasonable doubt.

In sum, a jurors role in DUI cases in Jacksonville, Florida is not to solve the case.  The jurors role is simply to decide whether the Government has proven it’s DUI case in Jacksonville, FL beyond all reasonable doubt.  If you have been arrested for DUI in Jacksonville, Florida, contact the Jacksonville, Florida DUI Attorney today.

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