As a criminal lawyer that deals with many Florida record seals and expunctions, sometimes, I run into inconsistencies in a criminal record. For example, I called a Florida Clerk of Courts Office to get a certified copy of the disposition of a case. This document is needed when trying to…
Jacksonville Criminal Defense Lawyer Blog
Jacksonville DUI Checkpoint Roadblocks Must Meet Legal Requirements
Jacksonville DUI checkpoints occur when the Jacksonville Sheriff’s Office designates an area in which it will stop vehicles in order to look for drivers that are possibly impaired. While it is commendable that Jacksonville is working to keep drunk drivers off the road, this is a intrusion into our privacy.…
Jacksonville Roadblocks: Are DUI Checkpoints Legal?
We have all seen Jacksonville Roadblocks. These are police created checkpoints that are intended to look for those driving under the influence. If someone is arrested at a Jacksonville DUI checkpoint, he or she may be able to challenge the legality of the stop. Florida courts have ruled that the…
Florida Sentencing Guidelines for Jacksonville Criminal Defendants
When a criminal defendant is charged with a felony in Jacksonville, he will be subject to the Florida Sentencing Guidelines. For most minor felonies, a person will not score a minimum sentence pursuant to Florida’s Sentencing Guidelines. Therefore, he may be able to avoid a prison sentence. However, there are…
Jacksonville Domestic Battery Carries Strict Penalties
A Jacksonville Domestic Battery charge is one of the worse misdemeanors that a person can be charged with in Florida. Most misdemeanors do not carry a mandatory sentence. However, Domestic Battery and Driving Under the Influence (DUI) carry a mandatory probation sentence. Under Florida Statute Section 741.281, if a person…
Crime and Punishment: Defendants Should Not Be Overcharged
As a Jacksonville Criminal Defense Attorney, I get asked, “how can you defend someone when you know he is guilty?” My answer is, “you must have never committed a crime in your life.” We have all committed a crime at some point, no matter how minor. Justice is served when…
If I Seal My Jacksonville Criminal Record, Can I Possess a Firearm?
Today, I received an interesting inquiry. Someone asked me, “if a person has his Florida Criminal Record sealed, can he possess a firearm?” There are a few reasons that a person may be prohibited from carrying a firearm in Florida as established by Chapter 790 of the Florida Statutes. Most Jacksonville…
Jacksonville Injunction Hearings: Do I Need an Attorney?
“I have a Jacksonville Injunction Hearing coming up, but I don’t know if I should hire an attorney?” According to Florida Statute Sections 784.046 and 741.30, the answer is “no, you do not need an attorney.” However, failing to hire an attorney to protect your best interests could be devastating to your…
Jacksonville Restraining Orders are Used for Protection
Jacksonville Restraining Orders are available anyone that is a victim of violence. A restraining is an injunction that protects the victim from any further violence. Many Jacksonville residents believe that they must be the victim of some type of “physical violence” before they can petition the court for an injunction,…
Jacksonville Romeo and Juliet Law Prevents Sex Offender Registration
When Jacksonville criminal defendants plea guilty or no contest to any of the sex offenses listed in Florida Statute Section 794.011, 800.04, or 847.0135(5), they must register as Florida sex offenders twice a year. In Jacksonville, registering as a sex offender can be a tedious and embarrassing process. Jacksonville sex offenders have…