Articles Posted in Self-Defense

As a Jacksonville Criminal Defense Lawyer I have watched closely as the George Zimmerman case has progressed. Zimmerman, who is out on bail, did not attend or appear at his recent arraignment. Instead his attorney filed a plea of not guilty and waived his right to a speedy trial.

Zimmerman’s next court appearance will be August 8th for his pretrial.

This case continues to make national headlines as the “stand your ground” law continues to be in controversy.

After a lengthy hearing, Judge Lester has decided to bond at $150,000, ankle monitoring, location kept secret (possibly located out of state?), no contact with victim or family, no possession of firearms, no consumption of alcohol, curfew, and must tell sheriff’s office location every 3 days. This Bond Hearing was conducted in a manner both professionally and in a manner for the safety of Zimmerman’s family. Due to safety concerns brought by Zimmerman’s attorney, O’Mara, his family testified at the hearing telephonically.

The State, attempted to show George Zimmerman was a violent person. The State questioned the family on a prior incident regarding a confrontation with a law enforcement officer in 2005 and an injunction with a prior woman. The State also attempted to show a lack of ability for Zimmerman’s family to satisfy any bond that may be set by the Judge. One point the State really harped upon was the website set up by Zimmerman or a representative and the continued investigation into how much money had been donated into the account that was set up.

In contrast, O’Mara showed the families ability to pay any bond set by demonstrating the family’s wiliness to mortgage the house and to use limited monetary funds they may have access to. Furthermore, O’Mara rebutted any inference the State may have inferred regarding Zimmerman’s tendency for violence.

Today Circuit Court Judge Recksiedler has recused herself from the Zimmerman case. This action follows Zimmerman’s Attorney, O’Mara, request that the Judge recuse herself due to possible conflict. A new Circuit Court Judge to preside over the case has not been named.

The potential conflict arises from her husbands connection with the Defense Attorney. Judge Recksiedler’s husband works with Mark NeJame, an attorney Zimmerman’s family turned to for representation. NeJame declined representation and referred then to O’Mara, his current attorney. NeJame has since been hired by CNN to report on the case.

As an Orange Park Criminal Defense Lawyer, I know the importance to have a judge that has no conflict with the Case. Florida law allows a Judge to recuse themselves if there is the slightest possibility of a conflict. In this case, a weak connection between the Judge and the current attorney was all that was required for the Judge to decide to recuse herself.

By now, you’ve heard of the tragic death of Travon Martin. You probably have also heard that his killer, George Zimmerman, has been charged for the killing. The purpose of this post is to clear up some confusion over what, exactly, the state charged Mr. Zimmerman with and what sort of facts each party will have to prove.

The State of Florida has charged Mr. Zimmerman with Murder in the Second Degree. Many people think the “second” means it is Mr. Zimmerman’s second charge; this is not the case. The varying degrees in criminal charges usually provide the burden of proof placed on the State in order to secure a conviction. In Mr. Zimmerman’s case, the state will have to prove beyond a reasonable doubt that Zimmerman (1) killed Travon Martin (2) with ill-will towards him (3) while acting in disregard for human life.

The second element in that list will likely be the most difficult to prove, and it is part of the reason the State will likely have a difficult time securing a conviction. Of course, most of the speculation surrounding this case is whether or not Mr. Zimmerman was justified in killing Travon Martin. The legal analysis, however, has nothing to do with whether or not Mr. Zimmerman was really “justified.”

Zimmerman’s Attorney called for a Status Hearing today. This is a last minute hearing, requested just one day after Zimmerman had his brief First Appearance in Sanford Court. There the Judge set Formal Arraignment for 29th of April. At Arraignment, issues Zimmerman will have to resolve include: entering a plea, setting a bond, determination on whether the court record will be sealed, etc.

As a Jacksonville Criminal Defense Lawyer, this case is of particular interest to me. Florida’s Stand Your Ground law has come into question and ultimately, the outcome of this case could negatively affect my future clients. These clients that had to use deadly force to protect themselves from death or serious bodily injury. However, as of today Zimmerman’s Attorney has not told the State that they will be relying on this affirmative defense.

As this case progresses many details about that February night will come to light and ultimately justice will prevail. Additionally, as a Criminal Defense Lawyer, I know the impact media can make on a pending criminal case. Zimmerman’s Attorney has a huge hurdle to clear and make sure the case is tried in the courtroom and not through the media.

As the Nation watched at 1:30 PM today George Zimmerman appeared in Seminole County for his First Appearance before a Judge. Broadcasted live, the nation saw Zimmerman for the first time since he was previously released. Zimmerman’s First appearance was before Honorable Judge Mark Herr. The judge kept the hearing short and set Formal Arraignment for May 29 before Circuit Court Judge Jessica Recksiedler.

As a Neptune Beach Criminal Defense Lawyer, I am following this case closely. Although the full factual information relating to the incident has not been made public, the legal implications of this proceeding could be widespread. Angela Corey, Special Prosecutor, spoke last night regarding what many have called into question; Florida’s Stand Your Ground Law. Angela Corey stated if the Defense utilizes the affirmative defense under Stand Your Ground, she and the prosecutors would fight it. As a Defense Attorney, this affirmative defense is vital for the protection of one’s self and the defense of others.

Under Florida’s Stand Your Ground Law, you are not required to retreat when presented with a threat and/or violence. In addition, one is permitted to use deadly force if believed necessary to protect one’s self from immediate death or severe bodily injury. However, the State will make known that Trayvon was unarmed and posed no risk to Zimmerman. In contrast, the Defense will utilize Zimmerman’s statements that he acted in a reasonable manner for the protection of himself after Trayvon had already attack him.