Evidence

June 14, 2012

Cristian Fernandez’s Sexual Battery Case delay due to Courthouse Closure

As a Jacksonville Criminal Attorney I was excited to hear about and see the developments of Jacksonville’s NEW Courthouse. However, that excitement quickly faded away after time and time again the Courthouse failed fire inspections. It was a multi-million dollar project and to be held-up for fire safety violations is unacceptable. This inability to open the Courthouse and the already abandonment of the OLD Courthouse has left the judicial system in a state of confusion and delay. One case that has been affect by the delays in opening is Cristian Fernandez’s Sexual Battery Case.

Fernandez has been charged with the Sexual Battery of his 5 year old brother. A suppression hearing was scheduled for later next week have been rescheduled for June 28, 29, and July 2. Also the trial date has been reset; August 27th. These delays are directly connected to the new Courthouse not being open. Therefore, this child has to remain in custody and wait for the legal system to open back up before he can seek justice.

The suppression hearings will cover the admissibility of Fernandez’s confession to the offense. The State contends the Officers acted appropriately and that Fernandez understood his Rights when they were explained to him. However, his Defense team feels differently. They state Fernandez denied the allegations 9 times during the interrogation before finally confessing. The defense is claiming coercion.

June 13, 2012

Florida Woman, Casey Anthony, Makes Headlines again with Interview with CNN

by David M. Goldman

Casey Anthony was charged with the murder of her 2 year old daughter, Caylee, and later acquitted of all charges. She was, however, convicted of four counts of lying to law enforcement officers during the investigation. She was given time served, but placed on probation for a year. Largely, since the acquittal she has fallen from the headlines and lived a life of seclusion. But, the silence and seclusion has been broken, last night she conducted a phone interview with CNN’s Piers Morgan.

During the interview, Casey stated she was innocent and was “rightly found not guilty.” Furthermore, she stated, “Obviously I didn’t kill by daughter.” These remarks come even though it was an entire month before she reported her child missing. In addition, her and the defense team did a great job instilling reasonable doubt in the jury with the multitude of alternative scenarios as to the cause of Caylee’s Death. This strategy ultimately led to the acquittal of the Murder charges.

During the interview Casey talks about the misguided media persona and that she is not a “party girl” and she is “ashamed in many ways of the person that I [Casey] was.” Her Attorney says she has changed and now leads a life of cooking, cleaning, reading books, exercising, and watching movies; although still in seclusion and afraid to go outside.

June 6, 2012

Almond v. State of Florida: Sexual Predator Designation

by David M. Goldman

A recent case before the 2nd DCA was ruled upon on June 1, 2012. The case, Shawn D. Almond v. State of Florida, reviewed the issue of delayed designation of the Defendant as a “sexual predator.” The Court waited over 12 years before filing the motion to designate the Defendant as a “sexual predator.”

The facts are simple. The Defendant was charged with sexual battery with force and burglary with assault back in 1996. In 1998, he plead out to the two charges and received 12 years incarceration and 5 years of probation. In 2010, Almond was released from State Prison. He was on probation for the following two years when the State filed a motion to designate him as a “sexual predator.” The Defendant was subsequently designated a “sexual predator” following a hearing. The Defendant now appeals that designation.

The issue before the court is whether the State can file such a motion after so much time has passed following the sentencing of the Defendant. Designation as a sexual predator is defined under Florida Statute §775.21 (4)(c)(1)(a). In this case, Almond clearly fits within the statutory confines as a sexual predator. However, Almond contends the delay in designation would therefore bar the state from filing such a motion. However, Florida Statute § 775.21(5)(a)(2) allows the State to bring such a motion when information obtains qualifies an offender as a sexual predator.

June 4, 2012

Zimmerman Back in Custody in Seminole County Jail

by David M. Goldman

George Zimmerman turned himself into police on Sunday afternoon after having his bail revoked two days earlier due to issues regarding his financial stability. Zimmerman was returned into custody around 1:30 on Sunday just a mere 40 minutes before the deadline set by the Judge on Friday. He is currently list as being held without bail and has established a jail account.

According to reports, Zimmerman’s bail was revoked after his wife and himself misguided the Court when determining a bail amount. The Court stated this was done in order to obtain a lower bond. Although the exact amount is unclear, Zimmerman’s defense website had accrued an amount between 100,000 and 200,000 dollars. A sum much larger than Zimmerman led on to during the original bond hearing. His defense team has requested another bond hearing to clarify any issues that may remain before the court and hope Zimmerman’s turning himself in will be looked kindly before the court.

For those worried about his safety, he will be placed within isolation in the jail. His cell is a luxurious 67 square foot cell. Included in his accommodations are a private toilet, two beds, a pillow, sheets, and a blanket.

June 4, 2012

Henderson v. State of Florida: Fellow Officer Rule and Probable Cause for a Jacksonville Stop

by David M. Goldman

A recent decision before the 1st DCA was filed June 1, 2012. The case before the court was Harry Henderson v. State of Florida. Mr. Henderson was appealing his convictions of possession of a firearm by a convicted felon and fleeing or attempting to elude a Jacksonville Police Officer. The two issues presented before the Court were whether the Officer’s had reasonable suspicion or Probable Cause to stop his vehicle based upon the fellow officer rule and whether the state had proved the constructive possession of the firearm.

The facts of this case are straightforward. On or about June 24, 2010, a U. S. Marshall radioed into Jacksonville Police Office for assistance in pulling over an armed homicide suspect who was driving through Duval. A Jacksonville Sheriff’s Officer responded to the request. The JSO Officer turned on his light and siren and proceeded behind the suspect. The suspect began to slow but remained on the road for another one or two miles. At anytime the suspect could have safely pulled the vehicle into the shoulder. The suspect did not speed or break any traffic laws. When he finally stopped a loaded .45 was found under the driver’s seat of the vehicle. The suspect was the sole occupant of the vehicle.

The first issue before the court is whether the Officer’s had reasonable suspicion or Probable Cause to stop the vehicle based solely upon the Fellow Officer Rule. The Fellow Officer Rule basically allows one Officer’s knowledge to be imputed upon another Officer, even if the second officer did not have personal knowledge of the facts. However, in this case, there were not any evidence or information to be imputed upon the JSO so as to give probable cause. The JSO Officer stated he stopped the suspect based upon the Marshall’s request. The Court rejected the State’s argument for the Fellow Officer Rule stating there was no evidence or information to be imputed. Therefore, the Officer’s lacked Probable Cause or reasonable Suspicion to stop the suspect.

May 23, 2012

What Should I do if I am Arrested in?

by David M. Goldman

The most important thing to remember after you have been arrested in Duval, St. Johns, Clay, or Nassau County is to NOT talk to law enforcement officers until you have spoken with a Jacksonville Criminal Defense Lawyer. You must protect your Rights and if you go after the Florida Criminal Justice System alone, adverse consequences could result. That is why I notify all my clients to as for an attorney before telling a Florida Law Enforcement Officer anything. This one tip could prove to be invaluable in your Florida Criminal Case.

Law Enforcement Officers are trained interrogators and can manipulate a situation that will prove their case and incriminate yourself. Even seemingly innocent statements can be construed negatively if you are not assisted by a Jacksonville Criminal Defense Lawyer. I can control the questioning, make sure the answers are not manipulated, and protect your rights. If you are in custody and the police want to “question” you, you have a right to an attorney. USE THAT RIGHT! Do not answer any questions without an attorney present.

However, if you are not “in custody” the officers do not have to offer the assistance of counsel. With that being said, if you are not “in custody” you are also FREE to leave. USE THAT RIGHT and leave without speaking to the police. Do not give them a reason to place you into custody. If you have been questioned by the police or have been “in custody” and were allowed to leave, contact a Jacksonville Criminal Lawyer today. I will discuss your case with you, make the proper determinations in moving forward, and make sure your Rights are being protected along the way. So do not delay, call me today!

May 18, 2012

Trayvon Martin’s Murder Trial Evidence Released

by David M. Goldman

The nationally recognized George Zimmerman Murder Trial Evidence has been released on Thursday. Evidence released by the Special Prosecutor included a multitude of photos, documents, and audio recordings. This case became national news once the Martin family and others placed a “Race” based motive upon the fatal shooting that took place back in February. As a Jacksonville Beach Criminal Defense Lawyer, I keep an unbiased opinion until I have the opportunity to review all the evidence and only then would I offer an opinion as to motive.

After reviewing the evidence released by the Prosecutor’s on Thursday, the prosecution has a long hard road ahead of them before they will have their conviction of 2nd degree murder. Zimmerman and his attorney still claim self defense under Florida’s, now controversial, “Stand Your Ground” law. Under that law a person is permitted to use deadly force when confronted if they believe they are in imminent danger of dead or serious bodily injury. Travyon Martin’s family has stated Zimmerman was unprovoked and acted without reason. However, recently released photos show Zimmerman with lacerations on the back of his head, a broken nose, and black eyes. Considering the injuries to Zimmerman alone, the prosecution has a hurdle to overcome.

In contrast, the Martin family is basing Zimmerman’s guilt on the fact Zimmerman had the choice and ability to stay in the vehicle instead of pursuing Trayvon. They also state Race as a determining factor. However, besides some unsubstantiated comments, Zimmerman does not have a history of Racism.

May 15, 2012

Arlington Home Destroyed by Fire, Possible Arson?

by David M. Goldman

A recent report of a home in Arlington being completely destroyed by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from the garage. Although the fire was extinguished rather quickly, the resulting damage was extensive. Officials estimate the home to be a “complete loss” with damages estimating to be over $400,000. The cause of the fire is still being investigated, but leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads “any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling…any structure…any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being.” If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

May 14, 2012

10-20-Life, Florida Criminal Law, Is It Fair and Just?

by David M. Goldman

Recently, Marissa Alexander was sentenced for 20 years for firing what she stated as a “warning shot” during an argument with her husband. Many have come to question Florida’s 10-20-Life law in mist of this recent conviction. As a Jacksonville Criminal Defense Lawyer this law hinders my representation of my clients because it takes the sentencing out of the hands of the jury and sets mandatory sentences.

In the Alexander case, she stated she fired a “warning shot” in self defense from an abusive husband. This incident took place at her home and in front of her two children. The bullet did not strike her husband nor did any injuries result from her actions. Even so, she was charged with two counts of aggravated assault.

Now, under Florida’s 10-20-life law, the law sets mandatory sentences for crimes involving guns, no matter what the situation may be. Under the law if a gun is pulled then a 10 year min sentence is imposed. If a shot is fired, a 20 year min is set. Finally, if a person is shot, a life sentence is imposed. This law is the reason for why Alexander was sentenced for 20 years (she fired a shot). However, her penalty for self-defense is the same as some one committing armed robbery with the intent to steal and potentially harm another individual. Fair and Just? I think not!

May 11, 2012

The Players comes to Jacksonville, But I got a DUI. Now What?

by David M. Goldman

As The Players comes to a pinnacle this weekend, some Jacksonville residents and tourists alike may be in a position that was not anticipated as they went out for a day of golf and celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an “implied Consent Law.” Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.