Gun Crimes

April 19, 2012

Circuit Court Judge Kenneth Lester Jr. assigned Zimmerman Case

Yesterday it was announced that Seminole County Circuit Judge Kenneth Lester Jr. will be presiding over the Travyon Martin Murder Trial. The Judge’s first order of business is to preside over the Bond Hearing set for Friday. There it will be determined if George Zimmerman will be issued a bond or must remain in Jail for the remainder of the trial.

As an Atlantic Beach Criminal Attorney, I know the importance of having a fair and non-bias judge presiding over an Atlantic Beach Criminal Offence. In this case, according to most reports, both sides are satisfied with this new assignment. Although not one side is more benefited than the other, Judge Lester is known to be quite “fair.”

Judge Lester Jr. has been practicing law since 1980 after getting his legal law degree from the University of Florida. Judge Lester became a Judge in 1996 where he has handled numerous cases dealing mostly in juveniles, probates, and mental health issues.

April 19, 2012

Cocaine and Cash Seized after Traffic Stop; Potential Probable Cause Issue.

by David M. Goldman

A recent Jacksonville news article stuck my attention from the lack of details and the questions the article bring to my mind. As a San Marco Criminal Defense Attorney, I review arrest reports and news articles relating to Jacksonville Criminal law and analyze them as if they were my potential clients. This is just the case regarding the arrest and booking of George Walters, 21.

In this incident, police pulled over Walters for what is stated as a “felony traffic” stop on Monday. Then article then states the Officers searched his vehicle following his arrest. It was during this subsequent search that police were able to locate two bags of cocaine, money, and a semi-automatic pistol. Walters was then taken to Duval County Jail on charges of armed trafficking in cocaine and possession. Both Jacksonville charges are felonies and carry very heavy penalties.

Analyzing this case, given the limited facts, as if a Walters was a potential client I would have several issues with the Police procedure and whether or not they had valid Probable Cause to search the vehicle following Walters arrest. First, a search incident to arrest of the vehicle is no longer applicable following a recent Supreme Court Decision. The new law under Gates, only permits the search of the vehicle follow an arrest if the suspect can still gain access to the interior of the vehicle or the police believe there is evidence of the offense the suspect was pulled over for inside the vehicle. For example, if pulled over for speeding and arrested for no valid license, the police would not have the ability to search the vehicle if you were already in handcuffs. Also, the police could not search the vehicle on the premise to prevent the destruction of other evidence of the offense (because there is not any). Just a reminder to San Marco Criminal Defendants, if you give the police consent this negates all the defenses to an invalid search and seizure.

April 11, 2012

Zimmerman’s Attorneys Quit!

by David M. Goldman

The Trayvon Martin Case takes another unexpected turn. This time, the attorneys for George Zimmerman (Hal Uhrig and Craig Sonner) have dropped him as a client following three days of no communication between the two parties. They also state Zimmerman is under a lot of stress and they have lost control of his actions.

At the announcement of their withdrawal, the attorneys stated Zimmerman had contacted the Special Prosecutor’s Office directly, had an off-the-record conservation with FoxNews, and created a personal website for legal representation. All these actions were done without the consent and guidance of his attorneys. As a St. Augustine Criminal Defense Lawyer, these actions by Zimmerman are shocking. They go against all procedural aspects as a criminal defendant. I advise my clients not to talk to the police, State Attorneys, or any body regarding their case unless I am present and can control the situation.

These actions taken by Zimmerman may display his unease with the situation or the effect of isolation on both his mental and physical condition. However, taking on his case without legal representation would be a big mistake. This case has caught the eye of the Nation and is highly criticized on both sides. He need Attorney’s fighting for his rights and making sure the proper steps are being taken to protect him.

April 10, 2012

Florida resident Shoots Houseguest allegedly in Self-defense

by David M. Goldman

Recently Florida’s “Stand Your Ground” law has come into controversy. Many cases in Jacksonville and around Florida have been questioning this Florida Law. As a Mandarin Criminal Defense Lawyer, this Law gives Criminal Defendant’s immunity from their actions if they constitute self-defense. Furthermore, one is permitted to use deadly force to combat a violent attack if serious bodily injury or death will likely result.

There is another recent example of “Stand Your Ground” in Lake County Florida. In this incident, the homeowner shot and killed his 27 year old house guest during an altercation Saturday night. According to reports, 21 year old Jakob Penrod got into an altercation with his houseguest, his finance’s brother. During the fight, Jakob shot and killed the houseguest in alleged self-defense. Florida Police have supported this notion by the evidence collected at the scene.

Although, it appears to be self-defense, the case has been submitted to the State Attorney for review and determination as to whether or not to file charges. If charges are to be filed, it does not automatically mean a conviction will follow. The quicker you get a Mandarin Criminal Defense Lawyer involved, the longer and more time they have to influence the State in not filing charges or mitigating the already pending charges. Therefore, if you are facing a Mandarin Criminal Offense, contact a Mandarin Criminal Defense Lawyer today. It could prove to be invaluable in your case.

April 10, 2012

Florida Police Car Shot Near Trayvon Martin’s Shooting Scene

by David M. Goldman

The complexity of the Trayvon Martin shooting continues. This time an empty Sanford Police car parked outside the apartment complex where Trayvon Martin was shot was found Tuesday morning riddled with bullets. According to local Police, no one was inside the vehicle at the time of the shooting, however, at least one window was shattered as a result. Witnesses testify they heard at least 6 shots fired. No arrests have been made and an investigation is ongoing.

This case made National headlines after Zimmerman’s action came into question. He claims self-defense under Florida’s “Stand Your Ground” law, but others are not so sure. People have protested all over the state, the President has made a speech about Trayvon, and the Governor has appointed Jacksonville’s State Attorney -Angela Corey- as special prosecutor in this case. As a Ponte Vedra Beach Criminal Defense Lawyer, I keep informed about this case because of the potential impact it will have on my clients in the future. This case will define Florida’s “Stand Your Ground” law and could limit the scope in the future.

As this case progresses more and more facts will be revealed and the true understanding of the incident will come to light. If you should find yourself facing potential Ponte Vedra Beach Criminal Offense and believe you acted in self-defense, contact a Ponte Vedra Beach Criminal Defense Lawyer today. I can review your case, make the proper determinations, and provide you with the best defense possible.

April 7, 2012

Baymeadows Shooting, Police Still Investigating

by David M. Goldman

A recent shooting outside Arby’s located on Baymeadows Rd. in Jacksonville, Florida leaves Jacksonville Sheriff’s Office (JSO) on the manhunt for the suspect. This shooting struck my attention as a Jacksonville Criminal Defense Lawyer because I frequent that area and have eaten at that establishment in the past. With the little information provided to the press about the shooting, I am left with concern as to the motive and possible defenses the suspect may have regarding this shooting.

According to reports, JSO responded to a 911 call on Wednesday around 3 PM. When JSO arrived they located the gunshot victim in the parking lot and took him to Orange Park Medical Center for treatment. His injuries are listed as serious, but not life-threatening. JSO investigated the shooting and questions witnesses that were at the restaurant at that time. However, they were not able to get a description or located the suspect at this time. The investigation is ongoing.

As a Jacksonville Criminal Defense Lawyer, this incident, without further details, brings many questions to mind. Was there an altercation between the suspect and victim? Was the suspect acting in self-defense? How does the victim portray the events leading up to the shooting? Could the victim actually identify the shooter? All these questions and more will have to be answered before the State can make an arrest or file charges. In addition, eyewitness testimony is notoriously inaccurate and largely incorrect.

April 5, 2012

Why should I hire a Riverside Criminal Defense Lawyer Today?

by David M. Goldman

Do you have a Riverside Criminal History that is keeping you from getting that apartment you want, prevented from getting that ideal job, or refused a loan because of your past? If so, I can help. However, in most cases, you must act now and not wait until the case has been resolved.

As a Riverside Criminal Defense Lawyer, I am often confronted with the question, “Why should I hire a Riverside Criminal Defense Lawyer?” The answer is simple; to protect your rights and to protect your FUTURE. As a Riverside Attorney, I can work for you to get the best outcome possible given your current situation. Most importantly I can take three avenues to make assist you in having a better future.

First, I can work with the State Attorney or Prosecutor to attempt to influence their filing decision and get the charges dropped. Just because you have been arrested for a Riverside Criminal Offense, does not automatically mean there will be a conviction. However, the filing decision is made early in the legal process, so time is of the essence in this approach.

April 4, 2012

Jury Recommends Death Sentence for Javon Daniels’ Murderer

by David M. Goldman

One of my goals as a Mandarin Criminal Defense Lawyer is to stay up-to-date on relevant news that might interest some Mandarin Criminal Defendants. Well, such news was just released earlier this morning. The Jury for Arthur Martin took just 45 minutes to return a vote in favor of the death sentence.

Arthur Martin, also known as “Shorty Fat,” was convicted last week for the murder of 19 year old Javon Daniels. The murder took place back in 2009 when Martin approached the young man’s vehicle while parked at a local Jacksonville Apartment Complex. Martin then proceeded to fire 12 rounds into the vehicle where Daniels sat. Daniels later died as a result of the injuries he suffered from the altercation.

Martin, however, is not new to the Criminal Justice System. He has been in and out of prison since 1990 and has frequently traveled between Georgia and Florida causing trouble everywhere he went. Most recently be released for burglary, armed robbery, and Murder.

April 4, 2012

“Stand Your Ground” Law comes Into Question

by David M. Goldman

Florida’s Stand Your Ground law has recently come into question in an appeal by a Jacksonville teen. As a Jacksonville Criminal Defense Lawyer I make it an objective to keep updated and informed as to changing and potentially influential cases and Jacksonville Criminal Laws. Just for clarification, Mr. Seay has not been convicted of any offense and is seeking this appeal by Writ of Prohibition. As all Jacksonville Criminal Defendants they are innocent until proven guilty. His Defense Attorney is working diligently to protect his client’s rights and to ensure that his client is treated fairly in the Jacksonville Legal System.

In that case, three men attacked Seay and his Friend. During the altercation Seay was beaten and forced back until a large tree obstructed his path of retreat, leaving no clear means of escape. That is when Seay pulled a gun and shot into the air. His intention was to scare the men and protect himself from death or serious bodily injury. However, from the angle Seay was located one of the men was shot and killed.

Unfortunately, Seay was not given immunity from his actions under Florida’s Stand your Ground Defense. Under that law, a person who is not involved in the commission of an unlawful activity and has a legal right to be at the place of the incident, they have a right to meet force with force and to not back down from a fight. Furthermore, the law allows a person to use deadly force if that person reasonable fears and/or believes it is necessary to use deadly force to prevent imminent death.

March 30, 2012

Florida Teen Sentence in British Tourist Slaying

by David M. Goldman

Wednesday a Florida Jury convicted 17-year old Shawn Tyson of two counts of first-degree murder. Now since the innocent/guilt phase of the bifurcated Florida Criminal Trial has concluded with a guilty conviction, the sentencing phase is to follow. During this phase of the Criminal proceeding the judge and jury will hear mitigating factors that can be considered to potentially reduce the time the Defendant will spend in prison. Currently, the Defendant is facing a life sentence without the possibility of parole.

This case stems from the April killings of two British tourists, James Cooper and James Kouzaris, 25 and 24 respectfully. According to reports, the two were staying with family friends near Sarasota when the incident took place. On the evening of April 15, the two tourist set off for dinner and drinks in the downtown area. After becoming intoxicated and enjoying the Sarasota nightlife, they got lost and accidentally arrived in Tyson’s housing project shortly before 3 AM. There Tyson confronted the two lost and drunk British tourists. Tyson then proceeded to shoot the two as they stood before him.

As an Orange Park Criminal Defense Attorney, I have followed this case closely and the Defense team had a hard case to litigate. Ultimately, the State was able to prove the charges beyond a reasonable doubt. Therefore, the Defendant was found guilty. This case arose as a robbery gone bad, unfortunately, these tough economic times lead some to act out in violent was in order to make ends meet.