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March 9, 2009

Are Silencers Legal to Own in South Carolina

Possession of most Title II weapons are regulated by South Carolina law under Title 16. However, silencers are not mentioned in the statue, but that does not make it legal to possess a silencer in South Carolina. In order to possess Title II weapons you must comply with state and federal law. While South Carolina law does not make the possession of silencers illegal, federal law does. Therefore, to obtain a silencer in South Carolina you must apply to the Bureau of Alcohol, Tobacco, and Firearms (ATF) via a Form 4 application receive approval, and pay the $200 federal tax stamp. The ATF has certain requirements for individual applicants and other requirements for trusts and corporations that apply to purchase Title II weapons. A nice thing about using a NFA trust is that no CLEO signature or fingerprints are required. For more information about Title II weapons visit www.guntrustlawyer.com or contact a South Carolina Firearm Attorney.

March 9, 2009

South Carolina Gun Laws for NFA Firearms

by David M. Goldman

Section 16-23-220 of the South Carolina Code of Laws prohibits the possession of machine guns, sawed off shotguns, and sawed off rifles. These firearms are commonly known as NFA firearms, Title II firearms, or Class 3 weapons. However, you can legally possess an NFA firearm in South Carolina if it complies with federal law and NFA regulations. Therefore, if a South Carolina gun owner obtains his Class 3 stamp from the Bureau of Alcohol, Tobacco, and Firearms (ATF), he may possess that Title II firearm in South Carolina.

A South Carolina NFA trust is a smart way to own and possess a Title II weapon in compliance with federal and state law. There are many benefits to obtaining a Title II weapon using a South Carolina Gun Trust, including protection against unlawful transfers. To learn more about possessing a Title II firearm in South Carolina, contact a South Carolina Gun Lawyer. Additionally, you can visit www.guntrustlawyer.com for information about NFA gun trusts.

February 20, 2009

How does a Jacksonville Criminal Defendant Avoid a Felony Conviction?

by David M. Goldman

Under Florida Statute Section 775.08435, a judge can withhold adjudication on a felony unless the Jacksonville criminal defendant falls into one of the following categories:

He is charged with a capital, life, or first degree felony.
He is charged with a second degree felony.
He is charged with a third degree felony and has received a previous withhold of adjudication.

A Jacksonville criminal defendant that falls under category (2) or (3) above can still receive a withhold of adjudication in the following situations:

the prosecutor requests it in writing or
the court makes a written finding that a withhold of adjudication is reasonable.

However, the court cannot withhold adjudication of guilt if the Jacksonville criminal defendant has two or more prior felony withholds from a previous case.

In Jacksonville, Florida, it is more difficult to avoid a felony conviction and obtain a withhold, instead of a conviction, if the Jacksonville criminal defendant already has a criminal record. This Florida Statute reflects this. Therefore, if you do not have a criminal record, and you are charged with a felony, you are more likely to receive a withhold than someone that does have a criminal record.

January 31, 2009

Jacksonville DUI Lawyer: Walk and Turn Test Defenses

by David M. Goldman

Jacksonville DUI officers use the Walk and Turn test, along with other field sobriety tests, to determine if a Jacksonville DUI suspect is impaired. Due to the unfair nature of this test, there are many ways to discredit this DUI test. For example, this test has a maximum number of eight clues. The first two clues occur during the instruction phase. The Jacksonville DUI officer requires the Jacksonville DUI defendant to stand with one foot in front of the other while listening to instruction. If the Jacksonville DUI suspect (1) cannot balance or (2) starts too soon, the Jacksonville DUI officer will count a clue for each. Then next four clues occur during the walk. If the Jacksonville DUI suspect (3) pauses, (4) misses heel-to-toe, (5) steps off the line, or (6) uses his arms to balance, the Jacksonville DUI officer will count a clue for each. The Jacksonville DUI officer will count another clue (7) if the Jacksonville DUI suspect does not turn as instructed and another clue (8) if he does not take nine steps down and nine steps back. If a Jacksonville DUI suspects exhibits two of the eight clues, this implies that he is impaired. This does not make sense. If a person takes a test and misses 2 out of 8 questions, he would receive a grade of 75. This is a passing score. Why does the Jacksonville DUI suspect fail the test with a score of 75?

To learn more about Jacksonville DUI Walk and Turn tests contact a Jacksonville DUI attorney or visit Jacksonville DUI Walk and Turn Information Blog.

January 13, 2009

Dropping Jacksonville Juvenile Charges

by David M. Goldman

Most people think that in order to get Jacksonville juvenile charges dropped, you have to be not guilty of the offense. Then, once the prosecutor discovers that you are not guilty, he will drop the charges. This is not true. A Jacksonville Juvenile Attorney will usually speak with the prosecutor before court and discuss other options. The Juvenile Justice Diversion Program is one of those options. Jacksonville Juvenile Justice Diversion Programs usually consist of an essay, letter of apology, and 40 hours of community service. Once the juvenile completes this program, his Jacksonville Juvenile charges will be dropped. This is beneficial to the juvenile’s criminal record.

However, the Jacksonville Juvenile Justice Diversion Program is only available for Jacksonville residents. What if the juvenile doesn’t live in Jacksonville? There is a solution to this problem. A Jacksonville Juvenile Attorney may be able to discuss the case with the prosecutor and obtain an “informal” form of diversion. The Jacksonville Juvenile Attorney may arrange for the juvenile to complete all of the conditions on his own and present proof of this to the prosecutor. In return, the prosecutor may drop the charges.

January 10, 2009

St. John’s County Girls Arrested for Auto Burglary

by David M. Goldman

Three St. John’s County teenage girls were arrested for auto burglary. They are accused of breaking into cars in St. Augustine, Florida. In Florida, burglary to an automobile occurs when a person enters the motor vehicle with the intent to commit an offense inside of it. Many people believe that in order for a person to commit car burglary, you must “break” into the car. However, this is not the case. In Jacksonville and the surrounding areas, you only need to enter the car with criminal intent. Therefore, if the St. Augustine girls merely opened the car doors and took spare change, they committed burglary. To learn more about Jacksonville Burglary, visit www.jacksonvillelawyer.pro or contact a Jacksonville Burglary Attorney.

December 23, 2008

Jacksonville Couple Arrested for Grand Theft of Puppy

by David M. Goldman

Moreen Cunningham and Aaron Taber were arrested for Jacksonville Grand Theft of an $850 Chihuahua. In Jacksonville, Florida, Grand Theft is a felony if the property stolen is worth more than $300. Cunningham took the puppy, and Taber stated that he could not stop her.

Depending on Taber’s involvement in this Jacksonville Grand Theft, he may be charged as a principal. If a Jacksonville criminal defendant is charged as a principal, he will be treated as if he committed the same crime as his Jacksonville co-defendant. In this case, Taber will be treated as if he committed the Jacksonville Grand Theft if:

Taber had a conscious intent that the Jacksonville Grand Theft be committed, and
Taber did something to assist or encourage Cunningham to commit the Jacksonville Grand Theft.

December 23, 2008

Jacksonville Grand Theft of a Puppy

by David M. Goldman

Moreen Cunningham and Aaron Taber have been charged with Grand Theft in Jacksonville, Florida. The couple is accused of stealing a puppy valued at $850 from a Jacksonville pet store. Cunningham told police that she committed the Jacksonville Grand Theft in order to give the puppy to her children as a Christmas present, while Taber stated that he could not stop her.

While Grand Theft is a serious crime in Jacksonville, Florida, Cunningham’s actions are not unheard of. Many Jacksonville residents are feeling the pressure of a declining economy and job losses. While this does not justify the Jacksonville Grand Theft, Cunningham does not necessarily deserve a harsh sentence. Instead, the prosecutor should look at her criminal record and the circumstance surrounding her Jacksonville Grand Theft arrest to decide what sentence is appropriate. If Cunningham does not have a criminal record, she should be eligible for the Jacksonville pre-trial intervention program. The Jacksonville pre-trial intervention program helps first offenders by allowing them to give back to the Jacksonville community and in return, their charges will be dropped.

To learn more about Jacksonville Theft Crimes, contact a Jacksonville Theft Attorney or visit www.jacksonvillelawyer.pro.

December 14, 2008

Jacksonville Criminal Attorneys are Needed at Bond Hearing

by David M. Goldman

In Jacksonville Florida’s first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants are not represented by a Jacksonville criminal lawyer. Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

As a Jacksonville Criminal Lawyer, I have spent a lot of time in Duval County first appearance court for bond hearings. I have seen many Jacksonville Criminal Defendants stand before a judge without representation. While there is a Jacksonville Public Defender present in the room, this is only one Jacksonville Criminal Defense Lawyer to represent one hundred or so Jacksonville Criminal Defendants in one day. It is not possible for a Jacksonville Criminal Attorney to adequately represent that many people at one time.

Jacksonville Criminal Defendants that hire a Jacksonville Criminal Defense Lawyer for a bond hearing have the benefit of one lawyer for one client. Also, an experienced Jacksonville Criminal Defense Lawyer will give the judge favorable and valuable information about the the Jacksonville Criminal Defendant to the judge at the bond hearing. The reason a Jacksonville Criminal Attorney presents this information is to achieve a lower bond for the Jacksonville Criminal Defendant.

December 9, 2008

Two Possible Suspects in the Ponte Vedra Burglaries

by David M. Goldman

Ponte Vedra Beach, Florida was recently hit with a string of burglaries. The are two possible suspects in the Ponte Vedra Burglaries. According to recent reports, two men were caught on video using a credit card that was stolen during the burglaries at a Jacksonville Wal-Mart.

At first glance, it would appear that these two men committed the Ponte Vedra burglaries. However, that may not be the case. St. John’s County police officers found a television and laptop near of one Ponte Vedra Beach home, and they obtained fingerprints from the television. The prints may not belong to the two men. If the Ponte Vedra burglars left a television and a laptop after the burglary, it is possible that they left the credit cards as well. The two men may have found the credit card or another person may have given it to them. While they should not have used the card, they are not necessarily guilty of burglary in Ponte Vedra.

As a Jacksonville Burglary Attorney, the first thing that I would look at is the time between the Ponte Vedra burglary and the Jacksonville Wal-Mart purchase. The longer the time period, the more likely it is that the two men received the card at a later time and did not obtain it by burglary.