Jacksonville Criminal Defense Lawyer Blog

July 13, 2012

Florida Supreme Court Upholds Drug Possession Law

A major decision was just handed down this week when Florida’s Supreme Court upheld the state’s controversial drug possession statute. The case, Florida v. Luke Jarrod Adkins, was a closely watched one as the implications for defendants across the state was great. In a 5-2 ruling, the court upheld a law that says defendants arrested with drugs are presumed to have known that what they had was illegal. Moreover, if the defendant claims ignorance, then the law mandates that they must prove that to the jurors.

The decision means that Florida’s definition of drug possession does not require “knowledge” of the illegality of the action, putting Florida in a very small group of states. In fact, at least 48 other states require prosecutors to prove to the jury that the defendant knew they were carrying illegal drugs. The law says that prosecutors still must prove that the defendant was in possession of something, they just don’t have to show that the defendant knew what he had was illegal.

The Supreme Court took the case after a state circuit judge in Manatee County threw out 46 drug possession cases, saying they were at odds with a lower federal court’s opinion finding the law unconstitutional. However, lower federal court decisions are not binding on state courts and the issue was appealed directly to the high court.

July 12, 2012

What Happens after I am Arrested in Jacksonville?

by David M. Goldman

Jacksonville Arrests occur all the time and when you caught off guard and arrested by the Jacksonville Police, you may not know what to do or say. That is where the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. In Jacksonville, first appearance court (also known as bond hearing), most Criminal Defendants will not be represented by a Jacksonville Criminal Defense Lawyer. This can prove to be a mistake if the Defendant has a record or the offenses are serious. They could be denied bail and remain in jail until their court date.

Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

I have seen many Jacksonville Criminal Defendants stand before a judge without representation. Although there is a Jacksonville Public Defender present in the room, this is only one Defense Lawyer to represent all the Jacksonville Criminal Defendants for day. It is not possible for a Criminal Attorney to zealously and adequately represent that many Jacksonville Criminal Defendants at one time.

July 11, 2012

Jacksonville Teen Pleas Guilty

by David M. Goldman

Jacksonville has a growing population and with this increase of residents also comes an increase in juvenile crime. I am not saying all children are prone to commit criminal activities. But, as a Jacksonville Criminal Attorney I am aware that the theory of probability is when you have more and more people crime is inevitably going to increase. One such incident occurred in Jacksonville last November involving 16-year-old Zachary Lambert.

Lambert was a troubled teen, but generally was a good kid. However, one day in November 2011 he decided to steal a pickup truck and go for a “joy-ride.” When the police located Lambert he fled the police. At the intersection of San Pablo and Beach Blvd. he ran the red light and struck another vehicle. The collision killed the other driver, Christopher Thompson (22) who was on his way to work at the Mayo Clinic. Lambert was subsequently charged with 3rd degree murder, vehicular homicide, aggravated fleeing or attempting to elude a law enforcement office, and grand theft auto.

After many discussions and negotiations between the State and the Jacksonville Criminal Attorney, Lambert decided the best course of action would be to arrange a plea deal with the state instead of proceeding to trial. A fact that many might not know is approximately 90% of criminal cases never make it to trial and are resolved through plea agreements. On Monday, Lambert plea guilty to vehicular homicide, aggravated fleeing or attempting to elude a law enforcement office, and grand theft auto. Although he has not been sentenced, scheduled for August, he could face up to 35 years in prison.

July 10, 2012

Help, I got a Florida Traffic Ticket and don’t know what to Do!

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!

July 9, 2012

Zimmerman Released (AGAIN) on Bond

by David M. Goldman

George Zimmerman who is currently being charged with second degree murder for the death of Trayvon Martin back in February of this year. This case has brought special attention from supporters and protesters across the Nation. Governmental officials have lost their jobs and a special prosecutor has been brought in to handle this case.

Currently George Zimmerman has been released on his second bond of 1 million dollars. This decision was made after the Judge had previously revoked Zimmerman’s $150,000 bond after it was revealed Zimmerman and his wife had lied to the court regarding the financial situation. They did not disclose that they had acquired over $100,000 in donations for Zimmerman’s defense.

Zimmerman is currently located in a safe house located in Seminole County, Florida. His security team is protecting him while he is out on bail.

July 6, 2012

Supreme Court weighs in on plea-bargaining

by David M. Goldman

As any experienced Jacksonville criminal defense attorney for any reason, please contact the Law Office of David M. Goldman PLLC by using the contact form on this page or calling us at (904) 685-1200.

Source: “Supreme Court expands plea bargain rights of criminal defendants,” by The Associated Press, published at WashingtonPost.com.

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July 5, 2012

Zimmerman Given $1 Million Bond

by David M. Goldman

The judge in Sanford, Florida has announced this morning that Zimmerman’s new bond will be in the amount of $1 Million.

This second bond amount has stemmed from his earlier bond ($150,000) was revoked following information that Zimmerman and his wife mislead the Court as to their financial stability.

Last week the judge hearing arguments from both sides of the case. The prosecution pushing for no bond because Zimmerman had lied to the Court and therefore, could not be trusted. On the other side, the Defense, argued Zimmerman’s self-defense claim is strong whereas the prosecution’s case is weak.

July 5, 2012

AAA has Geared up again to Offer FREE Rides home from July 4-7th

by David M. Goldman

AAA and sponsor Budweiser has offered “Tow To Go” in the past for most holiday events. Well, let’s not let that trend die! So from the 4th of July to the 7th, AAA will be offering FREE rides for both you and your vehicle. The Number to call is 1-800-AAA-HELP (222-4357).

We all like to indulge in the festivities of the season, but sometimes the indulgences get the best of us and when they do we need to make sure we do not take to the motorways with the perception we can drive. However, this misconception can have dire consequences. As a Jacksonville Attorney, I have seen the consequences of such accidents. These consequences include criminal charges: DUI, leaving the scene of an accident, disorderly conduct, etc. and civil charges: property damage, victims injuries and resulting bills. All these and more could be awaiting you if you decide to drive in Jacksonville following some over indulgence.

Therefore, Jacksonville, be safe this week and remember a FREE ride home is only a call away.

July 5, 2012

Another Meth Lab Located at a Jacksonville Motel 6!!

by David M. Goldman

This incident of a Meth Lab at a Motel 6 will be the third incident where JSO were dispatched to a Jacksonville Motel 6 and the resulting investigation turned up a Meth Lab.

JSO were dispatched to a Motel 6 on the Northside of Jacksonville around 1 AM this morning. Upon arrival the security officer notified JSO that the occupants of the motel room had fled the scene. The Security officer also notified JSO that he has inspected the room and located a smoking bottle with an unknown substance inside. JSO responding by sending in the fire-rescue team, bomb squad, and a chemical specialist to investigate the motel room and the items contained within.

To date the suspects are still at large and JSO is continuing to investigate. As a Jacksonville Criminal Attorney, these stories are not unusual or bizarre. These tough economic times have driven some individuals to take drastic measures that they normally would not consider. These individuals are not hardened criminals, but victims of these tough economic times.

July 5, 2012

Are personal breathalyzers worth the money for a Jacksonville Motorist?

by David M. Goldman

As a general rule, it’s a good idea to refuse a breath test if you ever find yourself pulled over on suspicion of drunk driving. The breath test results often form the crux of the state’s DUI case against you. A breath test that indicates a BAC greater than .08 makes a difficult case to defend that much harder. Some people think they can avoid this trap by purchasing pocket breathalyzers. These devices can cost up to $300 and are advertised as means of allowing you to test yourself before driving home.

Recently, one news organization put one such Breathalyzer, the BACTrack S80, to the test. The $150 device is advertised as providing “professional accuracy at an affordable price.” The organization conducted a controlled experiment to determine just how accurately the device measured a person’s BAC. The test also served as a training exercise for officers to help them recognize signs of an impaired driver.

Four women and one man where served measured amounts of alcohol designed to bring their BAC close to the .08 legal limit. The participants self-assessed the amounts of alcohol served, guessing that they were given the equivalent of two or three drinks apiece. After each round of drinks, the participants were asked to blow into both a police authorized breath test device and the BACTrack S80. Almost every time, the BACTrack S80 device had a lower number than the police authorized device. Moreover, the BACTrack S80 consistently registered lower blood alcohol levels than police Breathalyzer device.