Jacksonville Criminal Defense Lawyer Blog

October 18, 2012

I got a speeding ticket in Florida. Now what?

Were you caught going too fast? Did you attempt to pass someone only to find a Florida police officer waiting for you? Was your cruise control set, but still issued a citation for speeding? If you answered, “YES” to any question previously listed or if you have received a Speeding Ticket in Florida, I may be able to help.

As a Jacksonville Criminal Attorney, I represent many clients in counties throughout Florida. Through my representation I petition the court to prevent points on your license and to stop the negative impact on your insurance. My most recent cases have been in the following counties:

Bradford, Columbia, Dixie, Duval, Flagler, Franklin, Gadsen, Gulf, Hamilton, Hardee, Hernando, Holmes, Jacksonville, Lee, Liberty, Manatee, Marion, Nassau, Okaloosa, Pasco, Pinellas, Suwannee, Union, Volusia, Walton, Washington

October 8, 2012

I have a Conviction on my Florida Criminal Record. Can I have it Sealed or Expunged?

by David M. Goldman

As a Jacksonville Criminal Attorney, I receive numerous calls from potential clients wanting to get their Criminal records sealed or expunged. Potential clients want their records sealed or expunged for any number or reasons, however, the most common are: jobs, loans, education, and career advancement. Unfortunately, if you have a CONVICTION for any criminal offense you record cannot be sealed or expunged.

Another question or misunderstanding I hear all the time is regarding the extent of having one’s record sealed or expunged. Many clients have call and have the desire to get their entire criminal history expunged or sealed. However, that is not how it works. Florida only allows one arrest to be sealed or expunged. Meaning, you can have multiple offenses sealed or expunged if they all occur within the same incident. In contrast, if you have multiple arrests, you are potentially only eligible to have one arrest sealed or expunged.

I hope this blog will clear up any initial concerns or questions one my have regarding a

September 26, 2012

What is a Jacksonville Arson?

by David M. Goldman

A recent report of a home in Jacksonville being damaged by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. The cause of the fire is still being investigated. But leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads “any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling…any structure…any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being.” If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

September 24, 2012

Batman Theatre Shooter Appears in Court

by David M. Goldman

James Holmes the man responsible for numerous deaths after he opened fire upon the crowd at a late night showing of the new Batman shooting appeared in Court again. This time Holmes was sporting a new look. He had short brown hair and appeared not be completely comfortable with the situation. This is a vast contrast from his initial appearance with dis-shoveled orange hair and a demeanor that is best described as unusual.

This Court appearance was to handle the debate over the admissibility of the Notebook Holmes sent to his old doctor before the shooting. Prosecutors had sought to review the notebook, but the Defense claims patient and doctor privilege. The prosecution still rebuts that argument. However, if they continue to argue over this point there will be a delay in trail, something they do not want. So, the attorneys came to an agreement where the prosecution will drop the argument to see the notebook. However, if the Defense puts up the defense as to sanity it will immediately become available to the prosecution.

Also, at this court appearance the Prosecution by adding 10 new attempted murder charges and amending an additional 17 charges. That puts the total at 142 attempted murder charges.

September 21, 2012

I want my Criminal History Sealed, How do I do that?

by David M. Goldman

As a Jacksonville Criminal Attorney I get calls all the time regarding a desire to seal or expunge their criminal past. However, few really know or understand the process and limitations that are involved with getting your Florida Criminal Record Sealed or Expunged. Therefore, I have decided to create this brief Blog to help clear up some initial misunderstandings. However, for the most clarity and understanding scheduling a FREE consultation with a Jacksonville Criminal Attorney is advisable.

One questions I get all the time is clients was to seal their ENTIRE criminal history. Meaning expunge all their arrests and criminal violations. However, this is not permissible under Florida Statutes. In Florida, a person is potentially applicable to have sealed or expunged ONE criminal arrest. To clarify, a Florida record seal will only handle ONE case you had before a Florida Court. Now, with that being said, if you had multiple charges in that ONE case, you can have all those charged sealed. This is best explained by example. Lets say, John smith has been arrested twice in his life. He calls a Jacksonville Criminal Attorney for a Consult. He wants his ENTIRE record sealed or expunged. This cannot be done, he will have to choose which arrest to deal with. His next question is regarding his arrest, it was for multiple offense, but all related to the one arrest. This is OK, a Florida record seal or expunction allows for ONE arrest to be sealed even if the arrest has multiple offenses.

Another question I get all the time is am I applicable for a Florida Record Seal or Expunction. Well, that answer depends on multiple factors. First and foremost is what was the adjudication of the offense you want sealed or expunged. This is important because if you have been CONVICTED of any offense you are not eligible for a record seal or expunction. Furthermore, if the adjudication was WITHHELD you are only eligible for a record seal. In contrast, if the charges were dropped you could be eligible for an expunction. Many clients do not know or remember the adjudication of their offense, that is OK, give a Jacksonville Criminal Attorney a call and we can find our for you.

September 19, 2012

Amanda Bynes makes Headlines Again!

by David M. Goldman

As a Jacksonville Traffic Attorney I cannot stress enough to my clients NOT to drive once their license has been suspended or revoked. Monday I reported about Ms. Bynes recent run in with the law and how her license would be suspended. I find it hard to believe she would be unaware of the status of her license and therefore, when she was pulled over recently she was cited for driving on a suspended license and her vehicle was impounded.

This incident with the law follows her two pending counts of hit-and-run. Although she has a some hurdles to cross before she can put all this behind her, the advise and assistance of her Attorney could prove to be invaluable in her case.

As a Jacksonville Traffic Attorney, I handle all sorts of traffic violations; speeding, careless driving, DWSL, etc. Therefore, if you find yourself with an unwanted traffic citation, contact a Jacksonville Attorney who can review your citation and make the proper determinations in moving forward.

September 17, 2012

Hollywood Actress, Amanda Bynes, Faces Criminal Charges following another alleged Hit and Run

by David M. Goldman

Children and Adults, alike, look up to and aspire to famous Actors and Actresses. But, when their good name is pulled through the mud, we all begin to question how innocent are these movie stars anyway. One recent example is Amanda Bynes who made her fame and fortune on the Nickelodeon channel programming. She just recently had her driver’s license revoked by the State of California following three (3) alleged driving related incidents.

Her first incident stemmed from a collision with a police cruiser in April of this year. She was subsequently charged with DUI, but has rebutted all allegations that she was “under the influence.” Bynes went as far as to tweet President Obama, “..I don’t drink…” Her other two incidents are cases of hit-and-runs but she also denies any wrongdoing.

Although a California case, her same issues are relevant here in Jacksonville as well. As a Jacksonville Criminal Attorney, clients come to me with all sort of driving issues and I work diligently to correct any wrongs and get the best possible outcome, given the circumstances. In Florida, if you incur too many points or three or more citations for driving on a suspended or revoked license within 5 years you could be labeled HTO. As a HTO your license is suspended for 4 years! However, as a Jacksonville Criminal Attorney I can review your driving history and determine where I can provide assistance and fight to get your license reinstated.

September 14, 2012

I received notice that I am a Habitual Traffic Offender (HTO). What does that mean?

by David M. Goldman

Do you have a not so perfect driving record? Have you been cited or arrested for driving without a license or when your license is revoked? Have you accrued too many points on your license for it to be valid? Have you received notice that you are labeled as a Habitual Traffic Offender and therefore will have your license revoked for four (4) years? If you answered “yes” to any of the prior questions, the assistance and guidance of a Jacksonville Criminal Attorney may be right for you. I can review you driving record, determine how to proceed forward, and fight to get your license back!

There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you “knowingly” drove while your license was suspended or not.

HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.

August 24, 2012

How do I fight a Florida Traffic Ticket?

by David M. Goldman

Have you received a Florida Traffic Ticket? Do you not want points on your Florida Driver’s License? Are you afraid if you get another Ticket you License will be Suspended? Can you not afford an insurance increase? If you answered “YES” to any of the previous questions, you will want to contact a Florida Traffic Ticket Lawyer today.

As a Florida Traffic Ticket Lawyer, I assist my clients in numerous counties around Florida. Through my knowledge and know-how I work with my clients and the Courts to withhold adjudication and prevent points on my client’s license and increases in insurance premiums. However, I cannot guarantee results, I can reassure my clients that I will do my best to resolve their Florida Traffic Ticket in a manner that is amicable for my Client.

Sometimes, my Clients call me too late (i.e. after they paid the fine) and I cannot assist them. However, if you call soon after you receive the ticket and within the days allowable, I will assist you in getting a withhold of adjudication. Furthermore, did you know that simply paying a traffic ticket is an automatic GUILTY? Therefore, points are going to be accessed on your license and your insurance company will take the Florida Traffic Ticket into consideration. So, don’t just simply pay the ticket and walk away, contact a Florida Traffic Ticket Lawyer today!

August 23, 2012

Can I have my Florida Criminal Record Sealed or Expunged?

by David M. Goldman

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Record Seal/Expunge Attorney may be able to help! As a Jacksonville Attorney I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

Never been adjudicated guilty;
Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;
Never received a record expunction or seal before; AND
To their best knowledge or belief does not have any other petitions before the court.