Jacksonville Criminal Defense Lawyer Blog

July 31, 2012

Identity Theft Becomes Big Business in Florida

Given that the crime is seen as vastly safer to engage in than the drug trade, experts are pointing out that identity theft has become increasingly popular for Florida criminals. Though it can be difficult to hunt down the culprits, when people are apprehended for identity theft in Florida, they face lengthy prison terms and punitive fines.

The Federal Trade Commission says that Florida is at the epicenter a recent identity theft crime wave sweeping the United States, most likely because of its large senior citizen population. Since 2008, the IRS reports some 500,000 taxpayers have alleged wage or identity tax fraud. The cases reported continue to climb, exponentially, tripling between 2009 and 2011.

Given the increasing number of victims of identity theft, the major federal law enforcement agencies including the FTC, IRS and FBI are launching more rigorous theft investigations. All the agencies are under pressure to put a stop to the crime and the RISA reported that in 2011 alone it was able to prevent more than $1 billion in false tax returns from being filed.

July 30, 2012

James Holmes To be Charged Today

by David M. Goldman

The 24 year old shooting suspect in the Colorado Theatre Shooting is expected to be in Court Monday Morning for formal charging. Holmes is being accused of killing 12 people and wounding another 58. As a Jacksonville Criminal Attorney I will follow this case closely and report accordingly. I will also be conveying my opinion of the case and how I feel the case is proceeding for the Defendant.

When further information has been released about the Monday hearing where he will be formally charged, I will update my blog to reflect the current charges and progress.

UPDATE: HOLMES CHARGED WITH 24 COUNTS OF FIRST-DEGREE MURDER AND 116 COUNTS OF ATTEMPTED MURDER IN THE FIRST DEGREE.

July 26, 2012

What can I do If I am in HTO Status?

by David M. Goldman

No one is perfect, however when our imperfections lead us to too many traffic offenses, we can lose our Florida Driver’s license for five years. This is most often known as being a “Habitual Traffic Offender” or “HTO”. The State of Florida feels that people who make it a habit to violate traffic laws should be strongly discouraged from driving on our roads and should be faced with a firm punishment.

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.

July 24, 2012

Can I have my Record Sealed?

by David M. Goldman

Is your past coming back to haunt you? Did you make some bad decisions years ago that are now affecting your future? Have you been denied a loan or apartment because of your past? Have you been passed over for job promotions or employment because of your criminal history? If you answered, “YES” to any of these questions you need to call me today. I am a Jacksonville Criminal Attorney that handles Florida Record Seals and Expunctions. Although not everyone and every offense is applicable for a Record Seal or Expunge, a FREE consultation with me will give you the guidance you need in proceeding forward with your life and career.

Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

1. Aggravated Assault 2. Aggravated Battery 3. Arson 4. Assault

July 23, 2012

Analysis Indicates Dramatic Drop in Florida Crime Rate

by David M. Goldman

Florida State University criminologist Bill Bales knew Florida’s crime rate, like that of the nation, had been dropping for years but he had no idea just how much. Once he sat down to crunch the numbers he was shocked to discover how safe the state has become. Bales said, “I was astonished by the consistency of the decline and the magnitude of the decline.”

The decline was far from statistically insignificant. His results indicate that the level of safety of citizens and tourists in the state over the past 20 years has improved by a whopping 52%. What he labels a “remarkable” figure. His analysis indicated that crimes rates in Florida fell dramatically since the peak year of 1991 across all seven categories of crimes tracked by the FBI: murder, rape, robbery, aggravated assault, burglary, larceny and auto theft.

What’s the reason for such a steep drop? Bales and other criminologist say there’s no one answer. A variety of factors such as state demographics, deployment of law enforcement resources, unemployment rates and poverty all likely played a part. The only significant correlation the study found was with increased imprisonment rates. He found that from 1980 to 2010, as crime rates went down, Florida’s prison population ballooned nearly 170 percent. However, he emphasizes that that alone does not explain the overall trend.

July 20, 2012

Floridians Still Support ‘Stand Your Ground’ Law

by David M. Goldman

A Florida man who shot and wounded two people as they tried to rob an Internet café is unlikely to face criminal charges because his actions appear to fall within the bounds of the state’s ‘Stand Your Ground’ law.

The law, which was passed in 2005, says people are justified in using deadly force to defend themselves if they reasonably believe that such force is necessary to prevent imminent death, great bodily harm or to prevent the commission of a forcible felony. A citizen has no duty to retreat and, if it is determined that their use of force was justified, they are immune from criminal prosecution and civil action. The Stand Your Ground law does not apply if the victim initially provokes the use of force of if they are involved in a felony crime.

Prosecutors said they had reviewed surveillance video from the Café in Ocala, Florida and believe that 71-year-old Samuel Williams was acting lawfully when he shot two men during the attempted robbery. Williams had a concealed weapons permit and thus was allowed to possess the weapon at the time of the shooting.

July 19, 2012

How Do I get a Jacksonville Restraining Order?

by David M. Goldman

Are you a victim of repeat violence? Have you been the victim of violence from your domestic partner? Are you in fear of your or your children’s well being and safety? Are nonlegal methods of diffusing the situation just not working? If you answered “YES” to any of the previous questions you may be eligible for a Jacksonville Restraining Order. Additionally, as a Jacksonville Criminal Attorney, I can assist you in getting the protection you need and get the violence stopped before you or your children are seriously injured.

Jacksonville Restraining Orders are available anyone that is a victim of violence. Many Jacksonville residents believe that they must be the victim of some type of “physical violence” before they can petition the court for an injunction, but this is not true. Violence includes the crimes of assault and stalking which do not require physical contact whatsoever. Under Florida Statute Section 784.11, an assault occurs when a person intentionally and unlawfully threatens to do violence to the person of another coupled with the apparent ability carry the violence out. The victim of the assault must be in fear that the violence is imminent and will readily take place. Stalking can also result in a Jacksonville restraining order. Under Florida Statute Section 784.048, stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” and other person. The harassment must cause substantial emotional distress and fail to serve a legitimate purpose.

If you believe that you need a Jacksonville Restraining Order, contact a Jacksonville Criminal Attorney that will Petition the Court for an Injunction for Protection.

July 18, 2012

Can you Seal/Expunge a Florida Aggravated Battery or a Florida Domestic Battery? What if I plea to a lesser included Offense, than Can I?

by David M. Goldman

I was charged with Aggravated Battery/ Domestic Battery, could I have this charged Sealed or Expunged?

The answer to this inquiry depends upon several factors. These factors include: 1. How was the case adjudicated? 2. What does Florida Statutes state? And 3. Have you had a Florida Criminal record Sealed/Expunged before? The answer to these few questions will determine the possibility of sealing or expunging that Florida Criminal Record.

A Florida criminal record may be sealed pursuant to Florida Statute § 943.0585. In addition to the requirements listed in the Statute above, Florida Statute § 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you could be eligible to expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant’s application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney. Finally, Florida law only allows one criminal arrest to be sealed or expunged. Therefore, if you have had a record sealed or expunged before, you are not eligible to have another record sealed or expunged.

July 17, 2012

Commonly Charged Criminal Offenses in Jacksonville, Florida

by David M. Goldman

Whether you are a Florida resident or simply visiting the area for summer vacation, it is crucial to familiarize yourself with two of the most commonly charged criminal offenses in the state.

The following article will help you better understand what these crimes entail, the penalties associated with them, and the ramifications of been charged with them.

Drug Offenses

July 16, 2012

Florida Juveniles in Prison for Murder Prepare for Sentencing Questions

by David M. Goldman

The Supreme Court recently held that it is cruel and unusual punishment to send a young murderer to life in prison if a judge has not first weighed whether he deserves a shorter prison sentence due to his youth and the specific nature of his crimes. The 5-4 decision struck down laws on the books in some 28 states – including Florida – that say life sentences without parole for juvenile murderers are acceptable.

Officials in Florida law enforcement say it will take some time for the state to assess the impact of the ruling. Most experts in the state say that the number of state prisoners affected by the Supreme Court ruling is around 250, but the data are not all in yet.

It’s clear that Florida’s laws will have to be rewritten thanks to the recent ruling. Florida’s judiciary is bound by the state’s 10-20-Life law, passed in 1999, which says possessing a gun while committing some felonies brings an automatic 10-year minimum sentence, that when a gun is fired in the commission of a crime, the minimum sentence is 20 years, and if someone is shot the sentence goes up to life. It’s important to note that the decision does not mean it’s unconstitutional to sentence juveniles to life in prison, only that statutes that make such sentences mandatory are no longer acceptable. In Florida, if a juvenile who is certified as an adult is convicted of first-degree murder, the only option is life without parole.