Jacksonville Criminal Defense Lawyer Blog

August 20, 2012

What happens in a Florida criminal deposition?

In Florida, anyone accused of committing a felony is permitted to take depositions of the prosecution’s witnesses. On misdemeanor charges the judge has to decide if there is a good reason to allow depositions before they will go forward. The judge can even allow depositions of people not listed as witnesses if it is proven that they have something relevant to say about the charges or the defense.

Depositions are part of the discovery process, which is the process by which the parties in criminal cases gather facts about the case from each other. The deposition itself is like a question and answer session that is being recorded by a court reporter. The defense lawyer can ask pretty much any question that could get to information that would help the defense theory or help impeach the witness and this is a pretty big umbrella.

Depositions are very useful for many reasons; to get the witness’s story on the record so they can’t change it later, to find out more information about the witness, to find holes in the prosecutions case and to let everyone know you are serious about defending the case.

August 17, 2012

Who should serve as your witness at trial?

by David M. Goldman

A witness in a criminal case is someone who testifies at a court hearing because they observed or have direct knowledge of a crime or significant event. They help lawyers verify versions of the events at trial and are often critical to the ultimate outcome of a case. A witness may have seen a crime, heard a shout during a crime or may be commenting on the character of someone.

When deciding whom you should ask about testifying at a potential criminal trial, it’s important to start by explaining the different kinds of witnesses.

Fact witnesses. These are people who were there to tell your side of what happened, or who were with you in a different place than where the crime took place. These witnesses from the beginning should be asked to write down everything they remember so they can use those notes to refresh themselves months later for trial. You will need to provide contact information to your lawyer so they can get in touch and question them if need be.

August 16, 2012

Wikileaks’ Founder Julian Assange has been granted Political Asylum

by David M. Goldman

The man wanted in the U.S. for his efforts in releasing a huge magnitude of classified information has just been granted political asylum in Ecuador. This decision occurred after Assange has been held up in the London based embassy since June 19th. His supporters cheered the decision, but it does not change the fact that he is still wanted for questioning on sexual assault allegations and the U.S.’s distain for his release of Confidential information.

The Foreign Minister of Ecuador, in supporting this decision, stated “Assange faced a real threat of political prosecution…including the prospect of extradition to the U.S.” Furthermore, regarding the innocence of Assange, “Ecuador is convinced that his procedural rights have been violated.” Even with this new found Asylum, Britain has pledged to arrest Assange if he leaves the embassy and enters into UK soil.

Julian Assange has a long road ahead of him before he can move forward in his life. With the pending criminal sexual assault charges in Sweden and the potential of U.S. charges of releasing Classified information, the granting of Asylum will have little impact on the ultimate impact of this case.

August 14, 2012

Duval County Teacher Arrested for Child Sex Crimes

by David M. Goldman

The Duval County School Board voted unanimously Tuesday to suspend without pay Christopher Robert Bacca, an elementary school teacher who faces charges of child sex crimes.

Bacca was previously named Teacher of the Year for Windy Hill Elementary School and his fall from grace has been dramatic. He is currently in jail without bail after being arrested on July 24. Bacca is charged with three counts of sexual battery against a child under 12 and one count each of lewd and lascivious battery of a child under 16, lewd and lascivious molestation of a child under 12 and lewd and lascivious conduct of a child under 16.

In 2009, the state Department of Children and Families launched an investigation of Bacca’s relationship with a student at Long Branch Elementary. The search yielded no actionable information and there were never any charges of criminal wrongdoing with the child denying any abuse took place. DCF ended the investigation with a recommendation that Bacca be moved to a “less vulnerable student population” after deciding that some harm had been done to the child. Rather than take that advice, the school system decided to transfer Bacca to yet another elementary school, Windy Hill.

August 13, 2012

George Zimmerman Moves for “Stand Your Ground” Hearing

by David M. Goldman

George Zimmerman, the man charged with second-degree murder in the death of Florida teen Trayvon Martin, is going to ask for a “stand your ground” court hearing in an attempt to have the case against him dismissed before ever going to trial. Though the move was expected, the announcement is the first time Zimmerman’s attorney has acknowledged his intention to argue the case on the grounds of the controversial Florida Stand Your Ground law.

Mark O’Mara, Zimmerman’s criminal defense attorney, released a statement confirming the decision earlier today. The hearing likely will not take place for several months but is meant to show that Zimmerman acted in his own self-defense.

Under Florida’s stand your ground law, people involved in violent altercations have no duty to retreat. If a person is in fear of death or great bodily harm, the law says he or she can act in self-defense and is immune from criminal prosecution.

August 6, 2012

Want to record the police? There’s an app for that

by David M. Goldman

According to a recent report on Yahoo, a civil rights group is trying to turn the tables on the police. The New Jersey Branch of the Americans Civil Liberties Union (ACLU) has created a new app that will allow users to discreetly monitor and record police activity. The mobile phone program is designed to hold police officers accountable for their behavior while interacting with the public.

The app, dubbed “Police Tape,” allows people to securely and inconspicuously record interactions with police officers. Currently the app is only available on Android devices, but another version for the iPhone will be released later in the summer. The ACLU says the device will act as a critical tool for monitoring the actions of law enforcement officers.

The ACLU’s New Jersey executive director, Deborah Jacobs, said, “Too often, incidents of serious misconduct go unreported because citizens don’t feel that they will be believed.” She says this app should go a long way to remedying that worry.

August 3, 2012

Florida Gun Permits Set to Cross the Million Mark

by David M. Goldman

Given the worry surrounding the Colorado movie theater slaying, background checks for concealed weapons permits have jumped tremendously across the country. Recent data indicates the jump is as much as 14% in Florida. That translates to an extra 2,386 requests for permits in the week since the shooting at The Dark Knight Rises premier in Aurora.

People across the country have moved to get concealed weapons permits partially out of a desire for protection and partially out of fear that increased government regulations may be lurking in the not so distant future. While the whole country has seen a surge in gun purchases, the bump in Florida puts the state very close to an important milestone.

Currently, Florida has around 950,000 citizens with concealed weapons permits which means the state is getting very close to becoming the first state in the nation to issue one million such permits. According to the Florida Agriculture Commissioner, Adam Putnam, Florida issues around 15,000 such permits each month which should mean the state crosses the million mark around the end of the year.

August 2, 2012

Clay County DUI Check Point Landed 22 In Jail

by David M. Goldman

Last week Clay County Sheriff’s Office conducted a DUI Check point that resulted in 22 being arrested and jailed. The arrests were not just for DUI, but for numerous other offenses. Don’t become a statistic; do NOT drink and drive.

As Jacksonville heads out into this weekend, beware of JSO activity and roadblocks that may be in place. However, the best policy is not to drink or drive. Unfortunately, some Jacksonville motorist decide they are “good” and when they are caught by police, you should call a Jacksonville Criminal Attorney to represent your best interests in Court. The sooner I get involved the more time I have to mitigate the offense and speak with the State.

The DUI standard in Florida is .08 BAC. That is a very low standard and most people do not “feel” the effects of alcohol at that level. However, you could still be arrested. As a Jacksonville Criminal Lawyer, I advise everyone if you are going to drink do not drive. Get a Designated Driver, Stay at that Location, Take a Cab, or Get a Hotel Room.

August 1, 2012

Cuba Gooding Jr. Wanted By Police

by David M. Goldman

The famous actor who has won numerous awards and appeared in a multitude of blockbuster hits is currently wanted by the New Orleans Police department. An arrest warrant was issued for Gooding’s arrest following an alleged altercation with a bartender in the early morning hours of Tuesday morning. He is wanted for a misdemeanor battery charge.

In Florida a misdemeanor battery charge could land you in jail for up to a year and/or fines not exceeding $1,000. This could be a harsh penalty for an incident that was induced by too much drinking and a bad judgment call. In this case, Gooding arrived at the bar with a couple of friends around 3 am. Already the timeframe alone would lead one to presume alcohol was involved. Then Gooding got upset when some patrons recognized him and wanted pictures. The bartender (a female) tired to diffuse the situation, but was allegedly shoved out of the way. Another employee called the police and on Gooding’s way out he allegedly pushed the bartender again.

The penalties for a drunken altercation like the situation Cuba Gooding Jr. is in could be severe if not represented by a Jacksonville Criminal Attorney. A Jacksonville Criminal Attorney can evaluate your case, negotiate with the State, and fight for the best possible outcome in your case. So, if you are facing a Florida Criminal Offense call a Jacksonville Criminal Attorney today. That call could prove to be invaluable in your case.

August 1, 2012

Florida Drivers Frequently Refuse Breathalyzer

by David M. Goldman

According to a report by WFTV, four out of every 10 Florida drivers stopped by police for suspected drunk driving refuse to submit to breathalyzer tests. Something that many people may not be aware of is how severe the penalty can be just for refusing to take the breath test.

Florida’s current law regarding breath tests, known as Florida’s Implied Consent Law, states that any motorist who simply accepts the “privilege… of operating a motor vehicle within this state is… deemed to have given his or her consent to submit to… [a] test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath.”

The condensed version of the law means that if you choose to drive in the state of Florida, you have already consented to a breathalyzer test and if you refuse to take one then you can and will be punished. The punishments can be quite severe as well; with a first refusal punishable by a suspension of a driver’s license and a second refusal being considered a first-degree misdemeanor and a criminal offense.