Uncategorized

December 9, 2008

String of Burglaries in Ponte Vedra Florida

Recently, there has been an increase in burglaries in Ponte Vedra Beach. St. John’s County police officers have been responding to calls from Ponte Vedra residents complaining that their homes were burglarized and their property has been stolen. St. John’s County police are investigating these cases, and they do have a lead. St. John’s County police have video surveillance of two men buying a television with a credit card that was stolen from a burglarized Ponte Vedra home.

In Jacksonville and the surrounding areas (such as Ponte Vedra), burglary happens often. In many Jacksonville burglary cases, the culprit is not apprehended. It is difficult for police to solve a Jacksonville area burglary without any kind of “lead” in the case. In my experience as a Jacksonville Burglary Lawyer, police usually get a lead for a Jacksonville burglary from events that occur after the burglary. In the Ponte Vedra burglaries, police will investigate the men that used the credit cards, and those men may be charged with burglary in Ponte Vedra.

As a Jacksonville Burglary Attorney, I have seen many criminal defendants charged with burglary and dealing in stolen property at the same time. For example, Jacksonville police officers will find stolen items from a Jacksonville burglary at pawnshops and find out who pawned the items. They arrest the suspect and charge him with burglary and dealing in stolen property in Jacksonville, Florida. The good news is they found the Jacksonville burglary victim’s property. The bad news is, without any other proof, Jacksonville police may have arrested the wrong man.

December 4, 2008

Jacksonville Reckless Driving: Statutory Requirements

by David M. Goldman

According to Florida Statute Section 901.15, a Jacksonville police officer can arrest a person without a warrant for a violation of the Florida Traffic Code if he:

(a) witnesses the Florida traffic violation himself or

(b) another law enforcement officer witnesses the Florida traffic violation and relays the proper identification information.

December 2, 2008

Misdemeanor Verdict in Myspace Suicide Case

by David M. Goldman

Last Wednesday, a federal jury convicted Lori Drew on misdemeanor charges of accessing computers without authorization on three different occasions. Drew is a 49-year-old woman that courted a 13-year-old girl by pretending to be a teenage boy on myspace.com. The 13-year-old girl committed suicide after receiving a hurtful message from Drew. Drew may face up to 3 years in federal prison if her sentences are to run consecutively.

For example, In Jacksonville, Florida, a misdemeanor is punishable by up to 1 year in Duval County Jail. If a Jacksonville Florida criminal defendant is convicted of 3 misdemeanors in Florida, he may face up to 3 years in Duval County Jail. Depending on the series of misdemeanors committed in Florida, a Jacksonville Florida judge may run the misdemeanor sentences consecutively. If this occurs, the Jacksonville Florida criminal defendant would serve each year back-to-back for a total of three years in Duval County Jail.

For more information about sentencing and penalties for misdemeanor or felonies in Jacksonville Florida, contact a Jacksonville Florida Criminal Defense attorney.

November 20, 2008

Jacksonville Firm Burglarized: Children’s Computers Stolen

by David M. Goldman

A Jacksonville Florida consulting firm, CH 2 M Hill Firm was burglarized and many brand-new computers were stolen. CH 2 M Hill Firm purchased these computers to give to children in need. Although no one has been charged with this Jacksonville Florida burglary, this is a burglary to structure or conveyance under Florida Law. In Jacksonville, Florida, Burglary to a Structure or Conveyance is a third degree felony. As a Burglary in the third degree, it is punishable by up to five years in the Florida State Prison.

Although there was no sign of forced entry into the Jacksonville CH 2 Firm, it is a still burglary. According to Florida Burglary Laws, all that is need to commit a burglary is to enter the premises in some form. The burglar of the CH 2 Firm must have entered the Jacksonville Firm in order to steal the computers. Therefore, it is still a burglary even without forced entry.

To learn more about the crime of Burglary in Jacksonville Florida. Contact a Jacksonville Florida Burglary Attorney.

November 12, 2008

Florida Driver Arrested after Fleeing From Police

by David M. Goldman

In St. Augustine, Florida, Barry Gibby and Kelly Brooks were arrested in connection with theft of case of beer on Veteran’s Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.

Clearly, Mr. Gibby faces many criminal charges, but the most significant is Fleeing and Attempting to Elude a Law Enforcement. In Jacksonville, Florida and the surrounding areas, Fleeing and Attempting to Elude a Law Enforcement Officer is a third degree felony, which is punishable by up to 5 years in prison. However, Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer is a second degree felony. This is punishable by up to 15 years in prison. While Mr. Gibby may have been arrested for Fleeing and Attempting to Elude a Law Enforcement Officer, it is likely that the prosecutor in St. Augustine will file his charges as Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer. The aggravating factor in Mr. Gibby’s case is the fact that he speed and drove erratically. Additionally, he almost hit three police cars.

In my experience as a Jacksonville Florida Criminal Defense Attorney, the State Attorney’s Office takes Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer very seriously. The prosecutor usually pushes for prison time. If you have been arrested for Fleeing and Attempting to Elude or Aggravated Fleeing and Attempting to Elude, you should contact a Jacksonville Fleeing and Attempting to Elude Attorney. A Jacksonville Fleeing and Attempting to Elude Lawyer understands how serious your case is and can represent you to the fullest. Contact our Jacksonville Criminal Defense Lawyers by email or by calling 904-685-1200.

November 10, 2008

Jacksonville Jaguar’s Shooter Arrested for Attempted Murder

by David M. Goldman

Tyrone Hartsfield will be arraigned today in Jacksonville, Florida. He was arrested for the attempted murder of Jacksonville Jaguar football player, Richard Collier. Florida Statute Section 782.04 defines first-degree murder as the unlawful, premeditated killing of a human being. If the criminal defendant is unable to carry out the murder, this is attempted murder. In order to commit attempted murder, you must specifically intend to kill another human being. It is the state attorney’s burden to prove that you intended to kill the other person.

In Mr. Hartsfield’s case, he is accused of shooting Mr. Collier. However, this alone is not enough to convict him of attempted first degree murder. It must be shown that he intended to kill Mr. Collier. That is where a Jacksonville Criminal Defense Lawyer comes in. A Jacksonville Attempted Murder Attorney can investigate the case to determine if the prosecutor is able to prove that the criminal defendant had the requisite intent. In a serious case, such as attempted murder, it is import to have a Jacksonville Criminal Defense Attorney that is well-versed in criminal law to protect the criminal defendant’s rights and liberties.

November 5, 2008

Florida Football Player Arrested for Felony Battery

by David M. Goldman

In Gainesville, a Florida football player, Jacquez Rickerson, was arrested for Florida felony battery. The alleged victim is his girlfriend. Mr. Rickerson allegedly slapped her, choked her, and covered her face with a pillow. This occurred at his girlfriend’s apartment.

While it is true that violence occurs in relationships, it is also true that people make false accusations. Likewise, there are two sides to every story, and the truth is not always what is documented in the police report. Therefore, a criminal defendant that is charged with felony battery should have a Jacksonville Criminal Defense Attorney explore every defense possible in his case.

Felony battery is a very serious charge that may result in prison time. In Mr. Rickerson’s case, he has a lot to lose. Due to this battery arrest, he was kicked off of the football team. However, it does not stop there. A felony conviction can follow Mr. Rickerson for the rest of his life. It can result in him being removed from the university. Additionally, it will have an affect on his job opportunities, ability to obtain government student loans, and obtain any type of professional degree.

November 4, 2008

Florida Teen Files a False Rape Charge

by David M. Goldman

A 15-year-old girl in Palatka, Florida may have lied about being raped in a public school’s bathroom. The girl alleged that an unknown male forced her into the bathroom during school hours and raped her at knife point. After the alleged rape, she returned to class. She did not report the rape until after she returned home and spoke with her mother, which occurred hours later. There may be evidence that she concocted this story in ordered to cover up a sexual encounter that that she had off-campus. This case is still under investigation.

If this Palatka, Florida high school student did lie about being raped, she may face serious charges. Under Florida Statute 837.05, a person that “gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree.” A first-degree misdemeanor is punishable by up to one year in the county jail. However, that is not the end of it. In Florida, if a person gives false information about a crime and that crime is a capital felony, she has committed a third degree felony, punishable by to up to five years in Florida State Prison.

A false report that alleges this type of sexual battery, a capital felony, could result confinement to a juvenile facility and being adjudicated a juvenile delinquent.

October 4, 2008

The Importance of Jacksonville Criminal Defense Lawyers

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer, I often get asked “how can you do that?” “That” refers to representing Jacksonville’s Criminal Defendants. In Jacksonville, Florida, there is a stigma to being a Jacksonville Criminal Defense Attorney. Jacksonville Criminal Defense Lawyers are treated as if they do not care about the moral and safety of Jacksonville, Florida. This is far from true.

For instance, watch the famous HBO documentary “Murder on a Sunday Morning.” In this case, two Jacksonville Criminal Defense Lawyers at the Public Defenders Office (Mr. McGuinness and Ms. Finnell) represented Jacksonville Criminal Defendant, Brenton Butler. This Jacksonville Criminal Defendant was only 16-years-old and charged with first degree murder. At Mr. Butler’s trial, the Jacksonville Criminal Defense Attorneys proved that Jacksonville police officers beat a confession out of Mr. Butler. Due to the hard work of the Jacksonville Criminal Defense Lawyers, Mr. Butler was found not guilty.

However, the most important part of this case is what occurred a day after the HBO documentary aired. The Jacksonville Sheriff announced that the Jacksonville Sheriff’s Office would begin videotaping confessions. This shows that a Jacksonville Criminal Defense Lawyer can change the Jacksonville community for the better. I find this story inspiring and motivating, and it makes me proud to be a former Jacksonville Assistant Public Defender and a Jacksonville Criminal Defense Attorney.