Jacksonville Criminal Defense Lawyer Blog

July 9, 2014

Stand Your Ground Law and Convicted Florida Felons: Can Felons be Immune to Prosecution for Possessing and Firing Guns?

Currently, a controversial question has come about in Florida: Should a convicted felon, who because of his status as a convicted felon has lost the right to legally own or possess a gun, be afforded the chance to claim self-defense and be immune from prosecution if he shoots someone while defending his home? More scenarios exists that create legal justification, but the defense of one’s home is the most recognizable situation that comes to mind for most people. The Florida Supreme Court is currently awaiting legal briefs and oral arguments from attorneys so that the high court can decide if Stand Your Ground applies to convicted felons, each side hoping to sway the court in its favor.

If reasonably justified under the facts relating to a particular situation, the average non-felon Florida citizen will be afforded the benefits and protection of the Stand Your Ground law when forced to use the lethal force of a gun for protection from a home invader, for instance. Depending on the Florida Supreme Court’s ruling on this issue, Florida criminal defense attorneys may have a new tool in the defense of some clients.

There is no requirement to quiver in fear or run away, tail tucked between your legs, when someone attempts to use lethal or deadly force against you in Florida under the state’s Justified Use of Deadly Force statutes. This principle is commonly referred to as Stand Your Ground. Under the proper circumstances, Florida law makes a person immune from criminal and civil liability after lawful self-defense is exercised.
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January 9, 2014

Injunctions For Protection and Technology: How Unintentional and Inadvertent Contact Through Social Media May Land You In Jail.

by David M. Goldman

Through the evolution of technology, people no longer communicate the way that they used to. Where as most business and social interactions used to always take place face to face, in today’s tech world that is no longer the case. Now a substantial amount of social interaction and business interactions are through email or social media sites such as Facebook, twitter, LinkedIn, Instagram etc. Although this has been great in many respects, there have also been many downfalls for clients in the legal system. This has been extremely true for people who have had domestic violence injunctions or restraining orders issued against them.

In years past when an alleged victim took out an injunction for protection in Florida, the prohibited conduct was normally clear. Do not call the victim. Do not go within 500 feet of certain addresses. If you called the person, there was a record of the call, which would mean that you violated the terms of the injunction and would go to jail on a misdemeanor violation of injunction. This is no longer the case. With the inventions of social media sites, violating an Injunction or commonly known as a restraining order has become more complicated and potentially more dangerous for the person who has an injunction against them. As a result, there have been allegations that a person may violate an injunction and not even know it.

Just this week it was reported that a Google+ invite to a former girlfriend landed a man in jail. The police reported alleged that an ex girlfriend had just broken up with the man and obtained a restraining order against him. Shortly after receiving the injunction, the girlfriend discovered an invitation to join one of his Google+ circles. She called the police and they arrested the man for this one act. Upon first look many people would think this is no different than the woman who was arrested for violating an injunction for a “poke” on Facebook. In the Facebook case the evidentiary issue was whether it could be proved that it was actually the woman herself or her involvement that caused the poke or had another person had access to her computer.
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December 26, 2013

River City Marketplace Brawl Could Lead to Numerous Charges

by David M. Goldman

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Photo credit: taliesin from morguefile.com

On Christmas night at river city market place, chaos erupted when teenagers began fighting, jumping on cars and even rushing an off duty police officer. Jacksonville.com reported that hundreds of people became involved and approximately 62 police officers were called in to handle the unruly crowd.

Five people, aged 19 and younger were arrested on misdemeanor charges of “fighting”. “Fighting” is a local crime under Jacksonville Municipal Code Section 614.123 entitled “affray.” The affray ordinance makes it illegal to engage in a fight or mutual combat with another person in a public place. As a result, unless these teenagers hire a good criminal defense attorney who can either persuade the state to drop the charges or allow them to enroll in a pre-trial diversion program, they are beginning their young adult lives convicted of a crime.

Since the investigation is still active, more arrests and charges are possible such as assault and criminal mischief. When a person is charged with assault, they are being accused of unlawfully threatening someone by word or act and having the ability to act on the threat, which is a violation of Florida Statute 784.011. An assault is an intentional threat by word or act to do violence to someone. The person threatening must have an apparent ability to commit the violence, which results in creating a well-founded fear in the other person that violence was imminent. An assault in Florida is a second-degree misdemeanor. This means if you or a loved one are convicted of a simple assault in Florida, you or your loved one will face up to 60 days in jail and/or a $500 fine.
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November 14, 2013

Stand Your Ground Law Still Intact despite a vote to Repeal

by David M. Goldman

This week the Florida the Florida House of Representatives Criminal Justice Subcommittee heard testimony and argument on a bill that wanted to repeal the law self-defense law in Florida called “Stand Your Ground” which allows an individual to defend themselves instead of being forced to retreat when confronted by an attacker and use deadly force when the person believes that their life is in jeopardy.

Although 22 states currently have some form of the stand your ground law, Florida’s Stand Your Ground Law received national attention during the Trayvon Martin case, despite the defense never being asserted by his Zimmerman’s defense counsel. In Florida, Florida Statute 776.032 grants immunity from criminal and civil prosecution to individuals who exercise their right to use force in defense of themselves or others.

Specifically, Florida Statute 776.032 provides that “a person who uses force as permitted in Florida Statutes 776.012, 776.013 or 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.” This is the statute that has been termed the “Stand Your Ground Law.”
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November 6, 2013

How shoplifting a present during the holidays will cost much more than the amount of the item.

by David M. Goldman

As a criminal defense attorney, each year around the holidays, I have seen a rise in the amount of people arrested for shoplifting. Often times, these people succumb to the pressure that the holiday brings. Their loved ones see the commercials of shiny new toys and presents and beg their parents for the items. In this economy when there are so many people unemployed or underemployed, there is simply no money to spare and faced with disappointing their loved ones, they attempt to shoplift the item and as a result end up in jail.
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November 4, 2013

How finishing that one drink can result in DUI

by David M. Goldman

Driving Under the Influence or (DUI) is a crime that knows no bounds and affects everyone from ordinary citizens, politicians, celebrities and athletes alike. Almost all of us know or have known someone who has driven under the influence of alcohol at some point in his or her life. Driving under the Influence is a type of crime that does not discriminate on who you are in order for you to be arrested or commit the offense. As a matter of fact, we often hear of famous people committing these crimes, nationally the list of celebrities charged with the offense is substantial. Celebrities such as Paris Hilton, Charles Barkley, Heather Locklear, FloRida, Kiefer Sutherland, and the list goes on.

So what does Driving Under the Influence (DUI) mean? In Florida if you have a blood-alcohol level of .08 percent or more and operate a motor vehicle, you are considered to be driving under the influence of alcohol and you will be arrested. So what does .08 mean and how much do I have to drink to reach .08?

That is where the problem lies. Your blood alcohol level is affected by many factors besides the amount of alcohol you consume. Factors such as your gender, how much you weigh, whether or not you take prescription drugs, how long it takes you to consume the alcohol and whether you drink on an empty stomach or have eaten a full meal, all contribute to your body’s blood alcohol level. The only way to be truly safe is not to consume alcohol at all, which can be difficult given our culture of happy hours and bars.
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November 1, 2013

Don’t Let a Day At The Florida-Georgia Game Lead to a Night in Jail on Assault, Battery, Disorderly Conduct charges or worse

by David M. Goldman

Every fall millions of Americans avidly cheer for their favorite College or NFL team and boo their opposition. With the Jacksonville landing hosting Florida-Georgia activities this weekend, we are reminded of last year’s incidents during Florida-Georgia weekend that resulted with one person in the hospital and landed another fan in jail charged with aggravated battery.

Last year’s incident at Florida-Georgia was not uncommon. Back in 2011 a pre-season game of the Raiders and 49ers resulted in two fans being shot and another beaten. Last October a fan was stabbed on the way to a football game betwee49ers versus New York Giants game. Then again during the playoffs in January during the NFC Championship game an Atlanta Falcons fan was stabled in the neck right outside of the Georgia Dome. Back in February three teenagers were stabled when attending the Ravens victory parade. I bet not one of these fans thought they would end up in jail or the hospital that day.

Unfortunately the violence between fans and of fans continues. Just last weekend four fans at the Jets v. Patriots game allowed their team spirit to turn into violence against fans of the opposing team. This led three Patriots fans, and one Jets fan to be charged with simple assault and disorderly conduct. A verbal conflict is alleged to have escalated into a physical altercation when the Patriots fans kicked and punched the Jets fan. The Jets fan in return punched one of the Patriots fans. Most commentators are focusing on whether or not self-defense is a valid legal defense in that case. The Jets’ fan’s attorney stated, “it is clear that Kurt was defending himself, his mother and his friends from an attack.”

October 31, 2013

Trick or Treat and Sex Offenders

by David M. Goldman

Trick or Treating is not the same as it used to be. Now added to the list of concerns parents have when trick or treating, is their fear of people designated as sex offenders or predators.

Sexual predators and sexual offenders are different classifications based on certain criteria under the Florida Statutes. Through the Public Safety Information Act of 1997, Florida began listing sexual offender information available through a 24 hour a day hotline and on the Internet. Both sex offenders and sexual predators must register with the Florida department of Law Enforcement and their names, addresses and picture are posted on the sexual offender database.

The holiday of Halloween not only brings special concern to parents but also to offenders. In Florida, there are special requirements on Halloween for sex offenders and sexual predators, such as not being able allowed to display Halloween decorations, distribute candy or leave their outside lights on. However many state restrictions only apply to those individuals who are currently on supervised probation. As a result, many counties have stepped in by imposing different additional requirements on Halloween. These requirements vary by each county and each year there are changes so sex predators and sex offenders need to make sure they know the rules in the county in which they reside.

Jacksonville.com reported that in Duval and Saint johns county during Halloween sex offenders and predators are required to post a sign in their yard stating that they have no candy or treats at this residence, nor can they have on any outside lights or participate in any activities.
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November 3, 2012

What Would I have to Do to Get my Record Expunged in Florida?

by David M. Goldman

What would I have to do to get my Criminal Record Expunged in Florida? This question is presented to my numerous times a week and unfortunately, there is not a simply, straightforward answer. So as the cliché attorney answer, “it depends.”

As a Jacksonville Criminal Attorney who handles Florida Record Seals and Record Expunges, the first step is determining if an individual is eligible. This eligibility balances on the adjudication of the offense in question. If you were convicted, you are NOT eligible for a Record Seal or Record Expunge. If your charges were dropped, you would potentially be eligible for a Record Expunge. If your case ended with Adjudication being Withheld, then you would potentially be eligible for a Record Seal.

After determining the Adjudication of your offence, the next step, in my opinion, would be to contact a Jacksonville Criminal Attorney to discuss the process in moving forward. Until then, I will briefly explain the process. First you must get the criminal record from the Clerk of Court in the County in which the offense occurred. Then you must submit the required paperwork to the FDLE who will evaluate your case and make a determination as to your eligibility. If approved, you will be sent a letter of eligibility. At this point, you will have to petition the Court to have your Record sealed or expunged. In my personal experience in dealing with these matters, the process takes between 4 to 6 months.

October 29, 2012

Georgia-Florida Fight lands one in Jail another in the Hospital

by David M. Goldman

As I entered the Office this morning after a wonderful weekend of my Georgia Bulldawgs’ win. I was shocked to read in the paper about this fight that occurred during the Game on Saturday. This unfortunate event left one fan in jail and the other in the hospital.

According to the sporadic reports, due to the high volume of partying going on, the full details of the fight are unclear. However, what is apparent is 21 year old William Ross Cesery III was taken to the hospital for injuries he sustained during this altercation. What is not apparent is the cause, instigation, and amount of alcohol or other drugs involved that made this incident occur. Furthermore, 20 year old Colby was arrested for AGGRAVATED BATTERY.

Aggravated Battery is defined under Florida Statute § 784.045, which reads “a person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” Also, it is a second-degree felony. Therefore, Colby could be facing up to 15 years in prison and/or $10,000.