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In a Jacksonville Juvenile Criminal Case, the juvenile defendant is the party that is accused of committing a crime, not the juvenile’s parent. However, parents can be obligated to pay restitution in their child’s criminal case. Restitution is normally the amount of money or value of the property that the alleged victim has lost due to the defendant’s actions. In a Jacksonville Juvenile Criminal Case, the parent and child can be responsible for paying for this loss, because the court has jurisdiction over the parent and the child.

Florida Statute Section 985.437(2) permits the court to order a juvenile to pay “restitution in money, through a promissory note cosigned by the child’s parent or guardian, or in kind for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court.” If the court orders restitution, “the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.” It is important that Jacksonville Juvenile Criminal Defendants not be required to pay an obscene amount of restitution for a couple reasons. First, when a defendant is ordered to pay restitution, he or she is normally placed on probation to pay the restitution. If he or she is required to pay too much every month, then this will certainly result in a violation of probation. Second, it is difficult for adults to find employment right now. It would be ridiculous to believe that a juvenile could find a job that would pay enough to cover tens of thousands of dollars in restitution. Thus, the parent would be required to pay the restitution.

Florida law does provide for an exception to the rule that a parent can be required to pay a Jacksonville Juvenile Criminal Defendant’s restitution.  Under Florida Statute Section 985.437(4), a parent may avoid such responsibility if the court finds “that the parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts.”

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The Nassau County Sheriff’s Department led to several arrest last weekend in Yulee, Florida, a small town outside of Jacksonville. According to the Jacksonville News, the ‘Girls Gone Wild’ film crew went to The Mill Night Club where “men were allegedly encouraging women to show their breasts so they could be filmed.”  Several people were arrested for violating a

Nassau County City Ordinance which prohibits exposing one’s self in public and operating a sexually oriented business.  If a person violates this Nassau County Florida law, he or she will be charged with a second degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine.  

At Law Office of David M. Goldman PLLC, we represent people in Jacksonville and the surrounding areas for charges ranging from indecent exposure and violating the adult entertainment code to Florida sexual battery.  Regardless of the type of Jacksonville sexual offense that you are charged with, it is important to discuss your case with a Jacksonville Sex Crimes Attorney.  

Many defendants charged with Jacksonville Petit Theft enter a plea of guilty or no contest to the offense without regard to the consequences such plea may have on the status of their Florida driver’s license. A plea to a Jacksonville theft crime may result in Florida driver’s license suspension ranging from 6 months for a first theft conviction to 12 months for a second or subsequent conviction.

Florida Statute Section 812.0155 gives the court the authority to order a Florida Driver’s License suspension for anyone convicted of a theft crime. Additionally, this law mandates that the court order the suspension of a Florida Driver’s License for anyone that has more than one conviction of theft.

If you are charged with a Theft Crime in Jacksonville, contact a Jacksonville Theft Attorney to discuss all aspect of your case.  

When a criminal defendant is charged with a felony in Jacksonville, he will be subject to the Florida Sentencing Guidelines.  For most minor felonies, a person will not score a minimum sentence pursuant to Florida’s Sentencing Guidelines.  Therefore, he may be able to avoid a prison sentence.  However, there are certain felony offenses that carry enough points to result in a minimum prison sentence, and a defendant’s prior criminal record will have an effect on his sentence.  

In most cases, if a Jacksonville Criminal Defendant scores minimum sentence according to the Florida Sentencing Guidelines, the judge will not sentence the offender below the guidelines.  Florida Statute Section 921.0016(4) lists reasons why a judge may depart from the sentencing guidelines  A plea bargain is most common departure from the guidelines, but there are others listed in the statute.  Although a youthful offender sentence is not listed as a reason for a departure from the guidelines, it can be.  More importantly, it can be used to avoid a 10-20-Life Florida prison sentence (See State v. Wooten, 782 So. 2d 408 (Fla. 2nd DCA 2001)).
To learn more about Florida Sentencing Guidelines, contact a Jacksonville Criminal Defense Attorney. If you would like information on Federal Sentencing Guidelines, visit the Second Circuit Sentencing Blog.

As a Jacksonville Criminal Defense Attorney, I get asked, “how can you defend someone when you know he is guilty?”  My answer is, “you must have never committed a crime in your life.”  We have all committed a crime at some point, no matter how minor.  Justice is served when the punishment fits the crime.  However, in some cases, a person is charged with a crime that he did not commit.  For example, imagine that a Jacksonville criminal defendant breaks into a car.  In this case, he should be charged with one count of burglary to a structure or conveyance as defined in Florida Statute Section 810.02.  He should not be charged with every other automobile burglary that occurred in that neighborhood.  In some cases, the prosecutor will charge the burglary criminal defendant with the other automobile burglaries, although the evidence does not support it.  This is unfair and a waste of the State of Florida’s money.  

A Texas Attorney, Walter D. James III, wrote an interesting article addressing this topic titled, “A Wake Up Call For the USDOJ.”  His article address this problem at the federal level.  

1176416_couple_walking.jpgWhen Jacksonville criminal defendants plea guilty or no contest to any of the sex offenses listed in Florida Statute Section 794.011, 800.04, or 847.0135(5), they must register as Florida sex offenders twice a year.  In Jacksonville, registering as a sex offender can be a tedious and embarrassing process.  Jacksonville sex offenders have the obligation to register at least twice a year.  They must register during their birth months and six months after that birth month.  If a person does not register by the end of the required month, he or she can be charged with a third-degree felony.  This is punishable by a maximum of five years in Florida State Prison.  Additionally, as the Florida guidelines stand, a defendant charged with Failure to Register as a Sex Offender will score a minimum of 21 months.  Thus, a Jacksonville sex offender is looking at a sentence of 21 to 60 months in the Florida State Prison.

Florida’s Romeo and Juliet Law can help some Jacksonville sex offenders.  According to Florida Statute Section 943.04354, person charged under any of the Florida Statutes listed above can be removed from the Jacksonville sex offender registration requirement if the following criteria is met:
  1. he or she has never plea guilty or no contest to any other sex offense described in the statutes above;
  2. the only reason he or she must register is due to the violation in question; 
  3. he or she is not more than 4 years older than the victim; and
  4. the victim was between 14 and 17 years old.  
Contact a Jacksonville Sex Crimes Lawyer for information about Jacksonville sex offenses.  

1173688_high_school_woes.jpgIn St. John’s County, Florida, students attending St. Augustine High School had to evacuate their school due to a bomb threat.  The students were sent to Sebastian Middle School.  Later, the middle school also received a bomb threat, and all students were evacuated.  While bomb threats at a local school may seem like a childish hoax, it is a serious criminal offense in Florida.  According to Florida Statute Section 790.163 and 790.164, a person that makes a bomb threat will be charged with a second-degree felony.  Second-degree felonies are punishable by up to 15 years in the Florida State Prison.  Also, these Florida bomb threat statutes specifically state that a judge may not withhold adjudication of guilt.  Therefore, this charge will result in a criminal conviction that can follow a person for the rest of his life.  

If you have any questions about bomb threats in Jacksonville or the surrounding areas, contact a Jacksonville Criminal Defense Attorney.  

885970_boat.jpgThe Florida Fish and Wildlife Commission (FWC) have been investigating the boat crash that occurred on the Intracoastal Waterway in Palm Valley between Jacksonville and St. Augustine, Florida.  The FWC discovered alcoholic beverages in the boat and are investigating whether the driver of the boat was under the influence of alcohol.  In the Jacksonville area, it is not illegal to have open containers of alcoholic beverages in a vessel.  However, it is illegal to drive a vessel if you are impaired by alcohol.  This is known as boating under the influence (BUI).  Thus far, no one involved in Sunday’s Intercoastal boating accident has been charged with BUI, but the FWC is still looking into it.  Even if the FWC can show that the driver did consume alcohol, this is not enough to charge a person with BUI.  It is not illegal to have a drink or two and drive a boat.  However, it is illegal too drink too much, or be drunk, and operate a boat.  

To learn more about Jacksonville Boating Under the Influence, contact a Jacksonville BUI Lawyer.  

548715_boat_wake__4.jpgOn Sunday, a 22-foot boat crashed into a tug that was docked in Palm Valley, Florida.  The boat was traveling from St. Augustine to Jacksonville, Florida.  Five people were killed and several others were injured.  Witnesses claim that the boat was traveling at a high rate of speed.  Moreover, the Florida Fish and Wildlife Conservation Commission is investigating the circumstances surrounding the crash, including boating under the influence.  

In Jacksonville, Florida, Boating Under the Influence (BUI) is treated very similar to Driving Under the Influence (DUI).  Florida Statute Section 327.35 prohibits a person from operating a vessel if the person is: 
  1. under the influence of alcohol or a chemical substance to the extent that the person’s normal faculties are impaired or 
  2. the person has a blood or breath alcohol level of 0.08 or higher.  

The penalties for Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties with some minor differences.  The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver’s license suspension.  However, it will suspend your boating privileges.  

80954_grandmother.jpgAs a Jacksonville Criminal Lawyer, I have represented criminal defendants charged with abusing and exploiting the elderly in accordance with Chapter 825 of the Florida Statutes.  Since I began practicing with Law Office of David M. Goldman PLLC, I have also experienced the civil liability associated with Jacksonville Elder Abuse.  Pursuant to Florida Statute Section 415.1111, the victim of elder abuse can recover actual and punitive damages from his or her abuser. Additionally, Florida Statute Section 772.11 allows an elderly person that has been exploited under Chapter 825 to obtain up to three times his actual damages. 

Jacksonville criminal defendants charged with elder abuse should be aware that a civil suit may follow a criminal suit. Therefore, pleading guilty to Jacksonville abuse of an elderly person would make it difficult to defend a law suit based on such abuse, so a plea bargain may not be the best route.  On the other hand, victims of Jacksonville elder abuse have at least two avenues.  They can take their case to the state attorney office and/or file a civil law suit.  
To learn more about abuse, neglect, or exploitation of the elderly, contact a Jacksonville Criminal Lawyer.  You can also contact a Jacksonville Elder Abuse Lawyer or www.floridaestateplanninglawyer.com.
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