Jacksonville Criminal Defense Lawyer Blog

July 3, 2012

Jacksonville Man Shot While Retrieving Money from an ATM

A 40-year-old Jacksonville man was shot outside a Wells Fargo Bank while attempting to retrieve money from the ATM.

We all have the need for cash instead of credit cards that we are all accustomed to using. However, sometimes the situation calls for cash. Jacksonville Residents do not think twice about going to the local ATM and getting that much needed cash. However, those feelings and desires have changed following Monday night’s incident.

At or about 11:30 PM on Monday evening, Jacksonville Sheriff’s Office responded to a call at the Wells Fargo Bank on Baymeadows Road. When the Officers arrived they met with the victim, who had been shot twice; once in the left arm and another shot to the stomach. The victim stated when he drove up to the ATM two masked men approached and shot him twice; one had a sliver gun.

June 29, 2012

George Zimmerman Requests another Bond after already being Revoked Once

by David M. Goldman

Today was another bond hearing where Zimmerman’s attorney, O’Mara, presented evidence as to Zimmerman’s injuries he sustained during the altercation with Trayvon Martin that resulted in Zimmerman shooting Trayvon in what Zimmerman is calling self-defense. This case started the controversy that Florida is currently facing for our “Stand Your Ground” law.

After lengthy testimony presented by both the Defense and the State, the Judge has determined that he will not make an immediate determination as to release Zimmerman on bond or not. He wants time to review all the evidence and make a proper determination.

June 29, 2012

How Do I have a 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.

June 27, 2012

Zimmerman’s Case Continues to be Tried in the Media

by David M. Goldman

As a Jacksonville Criminal Attorney, one of the hardest aspects to overcome is public opinion of a Jacksonville Defendant. News Media Agencies want to keep the public informed of Criminal Matters, especially when the case makes national news. However, all this media attention will make jury selection very difficult if not impossible in the County where the case is currently presiding.

One such case, George Zimmerman, displays this media bias to the extreme. George Zimmerman is the Neighborhood watchman who is charged with second-degree murder of 17 year old Trayvon Martin. This case has made National Headlines ever since the incident occurred. This case has lead to nationwide protests and some of the largest Civil Rights Activists to express their opinion on the guilt or innocence of Zimmerman.

However, Justice is not served in the Media or Public Outcries. Justice is served in the Courtroom where Our Constitution guides the Officers of the Court. As an officer of the Court we are bound by strict and distinct guidelines and legal standards. We must present our case in a manner that is both fair and just. The jury must be unbiased and impartial. But, when a Criminal case gets so much media attention the Jury may (although not supposed to) use bias and slanted information from the media when making a determination as to guilt or innocence. This could lead to a ruling that is not in accord with the Law and therefore, Justice has not been served on a Criminal Defendant.

June 26, 2012

Help, I just Received a Florida Traffic Citation, What can I do?

by David M. Goldman

In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff’s Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our motorways, more Traffic Tickets are to follow. But, what happens after I get a Jacksonville Speeding Ticket?

In most Traffic Tickets you are given three (3) options. First, you may elect to just pay the ticket. Second, you may elect to complete a traffic school in order to reduce the penalty and potentially your insurance. Finally, you have the option of setting a court date and appearing before the Duval County Traffic Court, thereby arguing your case before a judge. However, some Jacksonville Traffic Tickets do not allow these options and you must set a court date to appear before a judge. These types of tickets are Criminal Traffic Tickets, the most common being driving with knowledge of revoked or suspended license.

The next aspect to consider is the points that will be added to your license at the conviction of each Traffic Citation. According to the Florida Department of Highway Safety and Motor Vehicles the amount of point that will be placed on your license will be determined by the speed you were traveling over the speed limit. Furthermore, if you are ticketed for traveling 15 MPH or more over the speed limit you will most likely face 4 points on your license. If your ticket is less than 15 MPH over the speed limit you are likely to face 3 points on your license. The points placed on your license will depend upon what was noted on the ticket, not your actual speed. So, if the Officer reduces the amount to only 13 over as a “favor” you are still going to have 3 points placed on your license.

June 25, 2012

Criminal Penalties for Jacksonville, Florida Criminal Offenses

by David M. Goldman

Duval is a large county, one of the largest for that matter, and with a large population size come an increase of Criminal activity. This does not mean Jacksonville and the surrounding areas are bad areas, its just the large population gives way to more criminal activity than a county with less of a population size. As a Jacksonville Criminal Attorney I am constantly asked one question, What kind of penality/jailtime am I looking at? I hate to say the cliché Attorney, but it really does all depend upon your specific case and circumstances surrounding your criminal offense. However, with that being said, here are the statutorily defined penalties for both Misdemeanors and Felonies in Florida.

2nd Degree Misdemeanor

An offense listed as a 2nd degree misdemeanor is punishable by up to 60 days in jail and/or fines not to exceed $500.

June 23, 2012

2 Meth Arrests following a Columbia County Traffic Stop

by David M. Goldman

As a Jacksonville Criminal Attorney, the situations people place themselves in boggle my mind sometimes. However, a strong Defense and zealous representation could prove to be invaluable in the your Criminal Case. One can never be too cautious and one can never know when the police will arrive and want to talk or arrest you. That is why one must always be aware of their surroundings and be weary when traveling on the city’s motorways.

One such incident of blind-luck worked out for the Columbia Police Department. The incident occurred on Wednesday afternoon when Chaylen Ortega (22) and Keith Wheeldon (31) were pulled over for a tag violation. A citation that would be dropped if proof of a valid tag is shown to the Court. However, in this case, chemicals used to manufacture methamphetamine were located inside the vehicle. The police found and seized lithium batteries, pseudoephedrine, and a container of muriatic acid. All chemicals required in the manufacture of Meth.

Both occupants of the vehicle were arrested and booked at the Columbia County Detention Facility. They both have been charged with the possession of listed chemicals with the intent to manufacture a controlled substance (a 2nd degree felony). Ortega is being held without bond due to her violation of probation and a warrant out for her arrest. Wheeldon, on the other hand, had a bond set at $5,000.

June 22, 2012

Second time Police arrive at Argyle’s Motel 6 for Meth Labs

by David M. Goldman

Yesterday I reported on a Meth Lab located in Jacksonville’s exclusive gated community, James Island. Well, today I report a Meth Lab located in Jacksonville’s Argyle area. The location of the Meth Lab was Motel 6 located at 6109 Youngerman Circle. If that address seems familiar it is because JSO just recently busted a previous Meth Lab in the same location!

In this case, the Motel 6 security guard waived the police down on Wednesday night. He reported smelling unusual orders and the particular behavior of room 107’s occupants. When police arrived at the door the two occupants, Michael Aderhold (46) and Dawn Hoden (39) denied any illegal activity. However, it was soon uncovered that the two were in-fact manufacturing methamphetamine inside the Motel room.

Aderhold has been charged with possession of chemicals to manufacture a controlled substance and possession of less than 20 grams of marijuana. Hoden has been charged with possession of chemicals to manufacture a controlled substance. Both are being held in Duval County Pretrial Detention Facility and neither are eligible to receive a bond.

June 21, 2012

Meth Lab Located in Jacksonville’s James Island neighborhood

by David M. Goldman

The US economy has taken its toll on Jacksonville residents and people across this Nation. These tough economic times have driven some individuals to act in a manner that is not themselves. We have all felt the impact of the plummeting housing market and job reductions. However, during these times crime, drugs, and alcohol abuse are at their all time highs. As a Jacksonville Criminal Attorney, this economy has increased the crime rate by individuals who would normally never think of such an act.

One specific case appeared recently in Jacksonville’s headlines. Charles Bickerton, 40, was arrested for possession of methamphetamine with the intent to sell and intent to manufacture controlled substance. Normally, this story would not get my attention, as Meth Labs have become, unfortunately, a common occurrence around Jacksonville. However, the Meth Lab was located in Jacksonville’s exclusive gated community, James Island. Furthermore, this lab was not located in a shack, car, or someone’s shed; it was located in a house worth over $300,000.

Charles was probably an upstanding citizen who stayed clear of the law. Maybe these tough times have driven Charles to seek other means of monetary accruement. Maybe Charles lost his job and could not find other employment and sought this alternative to stay in the black. Without talking with Charles directly, I cannot know his motives. Although his actions were illegal, a good Jacksonville Criminal Attorney can present these mitigating factors to the Court and the State in order to negate the offense or get a lessor sentence.

June 20, 2012

A Night Out lands one Mother in Jail

by David M. Goldman

Last weekend was just like any other weekend for most Jacksonville residents and Floridians, alike. The aftermath of Beryl had gone and the sun was finally shinning. Most residents made every effort to go outside and enjoy our normal Florida sunshine. However, this was not the case for one 3-year-old child in Orlando.

Daniel Finnell, a 3 year old child, was left alone at his home while his mother went for a night on the town. Daniel was found walking barefoot in the middle of the street just minutes from coming to a busy intersection. Luckily found uninjured, the mother was later arrested for CHILD NEGLECT.

The mother, 24 year old Nicole Finnell was arrested and booked in Orange County Jail on a $1,000 bond. The child is currently with the mother’s father. The child’s grandfather has not intentions of bailing out his daughter due to the severity of the charges.