Jacksonville Criminal Defense Lawyer Blog

June 19, 2012

How seemingly Trivial Acts can have Disastrous Effects

A recent incident has come to my attention involving a couple of young men and it has struck my curiosity. I want to let parents and children alike know that sometimes seemingly trivial acts can have disastrous effects on your future if not handled properly by a Jacksonville Criminal Attorney. This specific case involves two children who decided to go for a swing on school grounds after hours.

The names will be withheld and location as well, the facts are straightforward. Two kids decided one night to go to their school late one night to swing on the swing set. It was after hours and they lacked permission to be on the grounds. They proceeded to maneuver over property line locator structures and swing on the swings. It was shortly after they began to swing and discuss the day’s activities that the local Police arrived and arrest the two young children for Trespass. The children are now facing either a 1st or 2nd degree misdemeanor charge.

In Jacksonville, Florida this offense is defined by Florida Statute § 810.097. This Statute reads, “[a]ny person who: does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property…and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the ground of a school facility and is guilty…”

June 18, 2012

Fire Destroys Local Jacksonville Restaurant

by David M. Goldman

Local Restaurant was destroyed by Fire this morning and the investigation into the cause is still underway. Wasabi Buffet located in Jacksonville’s historic Five Point Area. Besides the damage to Wasabi, three other businesses were also damaged (Firehouse Subs, Hot Wok, and a laundry). The fire was reported at approximately 3:30 this morning and fire marshal’s were able to get the fire under control before it spread too far into surrounding businesses.

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.

June 15, 2012

What could happen if I leave the Scene of an Accident?

by David M. Goldman

Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute § 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.

This Florida Law states, “the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled” his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.

If you are ticketed in Jacksonville for Leaving the Scene of an Accident, contact a Jacksonville Criminal Attorney. Even if you were not arrested and only received a citation, the Criminal Offense of Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.

June 14, 2012

Record Seal, Expunge: Most Common Question and Misunderstanding

by David M. Goldman

As a Jacksonville Criminal Attorney I handle all types of criminal cases and strive to deliver the best possible outcome for my clients. In dealing with Criminal Law issues, I also handle Florida Record Seal, Expunge matters. This allows me to provide my clients assistance after the judicial system has taken place.

To be eligible for a Florida Record Seal, Expunge you must meet several statutorily defined criteria. All these criteria can be explained by me during our initial FREE consultation. However, recently I have received a large number of calls regarding past Criminal charges and their potential to be Sealed or Expunged. Let me Clarify one point, IF you have ever been CONVICTED of any Criminal Offense, you are NOT eligible for a record Seal or Expunge of ANY of your Florida Criminal Offenses.

Therefore, if your Florida Criminal History shows a CONVICTION, you are not applicable. However, if the charges were DROPPED or adjudication was WITHHELD, you could still potentially have your Florida Record Sealed, Expunge.

June 14, 2012

Cristian Fernandez’s Sexual Battery Case delay due to Courthouse Closure

by David M. Goldman

As a Jacksonville Criminal Attorney I was excited to hear about and see the developments of Jacksonville’s NEW Courthouse. However, that excitement quickly faded away after time and time again the Courthouse failed fire inspections. It was a multi-million dollar project and to be held-up for fire safety violations is unacceptable. This inability to open the Courthouse and the already abandonment of the OLD Courthouse has left the judicial system in a state of confusion and delay. One case that has been affect by the delays in opening is Cristian Fernandez’s Sexual Battery Case.

Fernandez has been charged with the Sexual Battery of his 5 year old brother. A suppression hearing was scheduled for later next week have been rescheduled for June 28, 29, and July 2. Also the trial date has been reset; August 27th. These delays are directly connected to the new Courthouse not being open. Therefore, this child has to remain in custody and wait for the legal system to open back up before he can seek justice.

The suppression hearings will cover the admissibility of Fernandez’s confession to the offense. The State contends the Officers acted appropriately and that Fernandez understood his Rights when they were explained to him. However, his Defense team feels differently. They state Fernandez denied the allegations 9 times during the interrogation before finally confessing. The defense is claiming coercion.

June 14, 2012

How Do I choose a Jacksonville Criminal Attorney?

by David M. Goldman

If a person goes through the yellow pages or searches the internet, one could be overwhelmed with the amount of Jacksonville criminal defense attorneys available in Jacksonville, Florida. However, selecting an attorney is not an easy process. Often, people will ask whether or not they should hire a private attorney or use a public defender. My response is always “if you can afford a private attorney, you should hire one.”

First, the services of the office of the public defender in Jacksonville are only for those clients that cannot afford an attorney. A public defender is not appointed to everyone that wants an attorney, just for those that do not have funds available to hire a Jacksonville Criminal Attorney.

Second, a Jacksonville criminal defendant cannot chose which attorney at the public defender’s Office will represent them. Therefore, if one is unhappy with their public defender, they cannot “shop around” and request another attorney be appointed. There are different types of attorneys at the public defender office and in private practice. Some attorneys are better than others. When you hire a Jacksonville criminal attorney, you have the option of meeting with the attorney and choosing which attorney better suits your needs.

June 13, 2012

Florida Woman, Casey Anthony, Makes Headlines again with Interview with CNN

by David M. Goldman

Casey Anthony was charged with the murder of her 2 year old daughter, Caylee, and later acquitted of all charges. She was, however, convicted of four counts of lying to law enforcement officers during the investigation. She was given time served, but placed on probation for a year. Largely, since the acquittal she has fallen from the headlines and lived a life of seclusion. But, the silence and seclusion has been broken, last night she conducted a phone interview with CNN’s Piers Morgan.

During the interview, Casey stated she was innocent and was “rightly found not guilty.” Furthermore, she stated, “Obviously I didn’t kill by daughter.” These remarks come even though it was an entire month before she reported her child missing. In addition, her and the defense team did a great job instilling reasonable doubt in the jury with the multitude of alternative scenarios as to the cause of Caylee’s Death. This strategy ultimately led to the acquittal of the Murder charges.

During the interview Casey talks about the misguided media persona and that she is not a “party girl” and she is “ashamed in many ways of the person that I [Casey] was.” Her Attorney says she has changed and now leads a life of cooking, cleaning, reading books, exercising, and watching movies; although still in seclusion and afraid to go outside.

June 13, 2012

I got a Withhold of Adjudication for my Jacksonville Criminal Offense. Do I have to tell a potential employer about it?

by David M. Goldman

We all make mistakes, bad judgment calls, and are influenced by our peers. However, some these not so good decisions can result in Jacksonville Criminal Charges. When this happens you could be facing serious penalties for your actions. However, with the guidance and assistance of a Jacksonville Criminal Attorney they can fight the state and work to get you the best possible outcome of your case. Ultimately, you want the charges dropped but that is not always a viable option when negotiating with the State. However, if you Adjudication Withheld, you are in a position to have your record sealed.

Now that you have moved on from your Withhold of your Jacksonville Criminal Charge, do you have to disclose this information to potential employers? I get asked this question all the time. Clients are applying for a job and want to know how to answer the question, “Have you ever been convicted of felony?” The correct answer for this question is NO. If you received a Withhold for your Jacksonville Criminal Charge, you were never CONVICTED, therefore the correct answer to that question is NO.

However, just because adjudication was Withheld, does not mean it will not appear on a background check. Therefore, you are in a position in whether to tell an employer first or to wait for the employer to ask; if at all. Unfortunately, there is no correct answer to this question. Sometimes its better to take the proactive step and notify them ahead of time and explain the situation. But, that can lead to quick judgments. In contrast, if you wait, they may look at it as you are trying to hide something. So, one just has to feel their way through the process and determine what is the best plan of action for their individual case.

June 12, 2012

Can I be charged with the Possession of a Firearm by a Convicted Felon if My Spouse owns the weapon?

by David M. Goldman

Many convicted Florida Felons have changed their ways and have led successful and productive lives following their criminal convictions. Nevertheless, until their gun rights have been restored, they are not permitted to have in their care, custody, possession, or control a firearm, electric weapon/device, or ammunition. These restraints on a person’s Gun Rights are listed under Florida Statute § 790.23. However, the question arises, “Can I be charged with possession of a firearm by a convicted felon if it is my spouse who owns the firearm?”

Whether or not one can be charged with a Jacksonville Possession of a Firearm by a convicted felon that his or her spouse owns will depend on the definitions of “care, custody, possession or control.” ‘Care’ and ‘custody’ mean immediate charge and control exercised by a person over the named object.” The term “possession” is defined as the ability “to have personal charge of or exercise the right of ownership, management, or control over an object.”

Under Florida Law, a Jacksonville convicted felon can either actually or constructively possess a firearm. Actual possession occurs when the firearm is on the convicted felon’s person or so close that it is readily within his or her reach. Just because the firearm is very close to the convicted felon, there is no actual possession of the firearm if he or she is not in a position to exercise control over it. One is in constructive possession if the firearm is located in a place that the felon has concealed or a place that the felon has control over.

June 11, 2012

I got my Florida Criminal Charges Dropped. Can I have my Record Expunged?

by David M. Goldman

The short answer is, “it depends.” I know that is the cliché Attorney answer to every legal question you may present to a Jacksonville Criminal Attorney. However, my experience in dealing with expunging a Florida Criminal Record, it really depends upon each individual’s personal situation. More importantly, there are statutory guidelines and requirements that must be met before a Florida Record Expunction can even begin.

These requirements and guidelines are listed under Florida Statutes § 943.0585 and § 907.041. Some specifics of the statute are: the applicant has never been adjudicated guilty, never been adjudicated guilty of any act stemming from the arrest pertaining to this request, never received a record seal or expunction. Furthermore, under § 907.041, Florida lists certain criminal offenses that are not eligible for record expunctions. For instance, most aggravated offenses, Sex Crimes, Crimes against Children, etc.

This is just a brief summary of the statutory provisions required for a Florida Record Expunction. As a Jacksonville Criminal Attorney, I can review your specific circumstances and determine if a record Expunction is possible. From that point, I can work with you to assist and represent you throughout the process.