Jacksonville Criminal Defense Lawyer Blog

June 6, 2012

Almond v. State of Florida: Sexual Predator Designation

A recent case before the 2nd DCA was ruled upon on June 1, 2012. The case, Shawn D. Almond v. State of Florida, reviewed the issue of delayed designation of the Defendant as a “sexual predator.” The Court waited over 12 years before filing the motion to designate the Defendant as a “sexual predator.”

The facts are simple. The Defendant was charged with sexual battery with force and burglary with assault back in 1996. In 1998, he plead out to the two charges and received 12 years incarceration and 5 years of probation. In 2010, Almond was released from State Prison. He was on probation for the following two years when the State filed a motion to designate him as a “sexual predator.” The Defendant was subsequently designated a “sexual predator” following a hearing. The Defendant now appeals that designation.

The issue before the court is whether the State can file such a motion after so much time has passed following the sentencing of the Defendant. Designation as a sexual predator is defined under Florida Statute §775.21 (4)(c)(1)(a). In this case, Almond clearly fits within the statutory confines as a sexual predator. However, Almond contends the delay in designation would therefore bar the state from filing such a motion. However, Florida Statute § 775.21(5)(a)(2) allows the State to bring such a motion when information obtains qualifies an offender as a sexual predator.

June 4, 2012

Zimmerman Back in Custody in Seminole County Jail

by David M. Goldman

George Zimmerman turned himself into police on Sunday afternoon after having his bail revoked two days earlier due to issues regarding his financial stability. Zimmerman was returned into custody around 1:30 on Sunday just a mere 40 minutes before the deadline set by the Judge on Friday. He is currently list as being held without bail and has established a jail account.

According to reports, Zimmerman’s bail was revoked after his wife and himself misguided the Court when determining a bail amount. The Court stated this was done in order to obtain a lower bond. Although the exact amount is unclear, Zimmerman’s defense website had accrued an amount between 100,000 and 200,000 dollars. A sum much larger than Zimmerman led on to during the original bond hearing. His defense team has requested another bond hearing to clarify any issues that may remain before the court and hope Zimmerman’s turning himself in will be looked kindly before the court.

For those worried about his safety, he will be placed within isolation in the jail. His cell is a luxurious 67 square foot cell. Included in his accommodations are a private toilet, two beds, a pillow, sheets, and a blanket.

June 4, 2012

Henderson v. State of Florida: Fellow Officer Rule and Probable Cause for a Jacksonville Stop

by David M. Goldman

A recent decision before the 1st DCA was filed June 1, 2012. The case before the court was Harry Henderson v. State of Florida. Mr. Henderson was appealing his convictions of possession of a firearm by a convicted felon and fleeing or attempting to elude a Jacksonville Police Officer. The two issues presented before the Court were whether the Officer’s had reasonable suspicion or Probable Cause to stop his vehicle based upon the fellow officer rule and whether the state had proved the constructive possession of the firearm.

The facts of this case are straightforward. On or about June 24, 2010, a U. S. Marshall radioed into Jacksonville Police Office for assistance in pulling over an armed homicide suspect who was driving through Duval. A Jacksonville Sheriff’s Officer responded to the request. The JSO Officer turned on his light and siren and proceeded behind the suspect. The suspect began to slow but remained on the road for another one or two miles. At anytime the suspect could have safely pulled the vehicle into the shoulder. The suspect did not speed or break any traffic laws. When he finally stopped a loaded .45 was found under the driver’s seat of the vehicle. The suspect was the sole occupant of the vehicle.

The first issue before the court is whether the Officer’s had reasonable suspicion or Probable Cause to stop the vehicle based solely upon the Fellow Officer Rule. The Fellow Officer Rule basically allows one Officer’s knowledge to be imputed upon another Officer, even if the second officer did not have personal knowledge of the facts. However, in this case, there were not any evidence or information to be imputed upon the JSO so as to give probable cause. The JSO Officer stated he stopped the suspect based upon the Marshall’s request. The Court rejected the State’s argument for the Fellow Officer Rule stating there was no evidence or information to be imputed. Therefore, the Officer’s lacked Probable Cause or reasonable Suspicion to stop the suspect.

June 1, 2012

Zimmerman’s Bond is REVOKED

by David M. Goldman

The judge at this morning’s hearing revoked George Zimmerman’s Bond! Zimmerman was recently released on a $150,000 bond following testimony that he and his family were of limited funds. However, testimony has revealed that Zimmerman’s website raised over $200,000 for his defense. This amount was not disclosed at his initial bond hearing.

After hearing testimony today the Judge has revoked Zimmerman’s bond. He now has 48 hours to turn himself in.

May 31, 2012

I got a Withhold of Adjudication on my Criminal Record. Can I get it sealed?

by David M. Goldman

I am applying for a job and they stated I have a Florida Criminal Conviction. But, I had a Withhold of Adjudication for that Florida Criminal Offense. I thought a Withhold was different from a Conviction! What can I do? -If these previous statements sound familiar you may in the same position as many of my previous clients. However, do not worry as a Jacksonville Expungement Attorney I may be able to assist you in clearing up your Florida Criminal Record.

In this unfortunate event your employer has decided not to take into consideration the difference between adjudication withheld and a conviction. However, the differences are great. A conviction for a Florida Criminal Offense means you are no longer applicable to apply for a Florida record Expunge or Seal. It also means when you are applying for a job you MUST inform the employer when the question asks, “if you have ever been convicted…” In contrast, a Withhold means you were never convicted. Therefore you can truthfully state you have never been convicted of a Florida Criminal Offense.

However, some employers (especially in this tough economy) are just looking for a reason to choose another applicant. That is where a Florida Record Seal may prove to be invaluable in your future. Therefore, if you have a Criminal History that is not perfect, contact a Jacksonville Expungement Attorney to discuss your circumstances and determine what is the best approach in moving forward.

May 30, 2012

I got a Florida Traffic Ticket; I do not want the points. What can I 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!

May 29, 2012

Teen Sensation, Justin Bieber, is wanted for Questioning after Alleged Attack

by David M. Goldman

Young Pop Star and Teen Sensation, Justin Bieber is wanted by California Sheriff’s Office for questioning following an alleged Attack on a photographer. The alleged attack, according to the photographer, took place in Sunday when he tried to take pictures of Justin and his girlfriend after a movie at a local theater. The photographer went to the hospital claiming “chest pains” and was treated and released. Bieber and his girlfriend left the scene before police arrived.

However, the elusive Bieber later notified fans that he was leaving the country for Europe. The California Sheriff’s Office still wants to talk to him to hear his side of the story. Leaving the country or not will not get Bieber away from potentially a 1st degree misdemeanor. As a Jacksonville Criminal Lawyer, I understand the law and how some innocent actions could be considered Battery. However, with my assistance and guidance, I will work with you to fight these Criminal Allegations and work for the best possible outcome in your case.

In Jacksonville, Florida Assault is defined under Florida Statute § 784.03. The Statute defines Battery as “[a]ctually and intentionally touches or strikes another person against the will of the other; or [i]ntentionall causes bodily harm to another person.” As a 1st degree misdemeanor, the accused could face up to 1 year in jail and/or $1,000 in fines.

May 25, 2012

Memorial Day Celebrations could lead to a Jacksonville DUI

by David M. Goldman

This weekend marks the beginning of Summer for most Jacksonville residents. This three-day weekend will allow families and friends to leave home and head to that desired destination. However, with fun and the sun, some might decide to over indulge in alcoholic beverages. Some even decide Driving under the influence would be a good idea. As a Jacksonville DUI Lawyer, I can tell you a Jacksonville DUI is NOT a good idea. The penalties are harsh and could have a lasting impact upon your life and your future career path.

Florida’s DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages…[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. Just as a note, the statute just requires a “motorized vehicle” and driving or physical control. So this means you could get a DUI for sitting in a parked car with the motor running listening to music, even if you never had the intention to “drive” anywhere. The law is tricky in this aspect and that is where the advice and counsel of a Jacksonville DUI Lawyer may prove to be invaluable.

But what does all this mean for Jacksonville Motorist? It means a DUI charge can come in many forms, not just driving down the road after having too much to drink. However, a charge of Jacksonville DUI does not necessarily mean a conviction. The State still has to prove their case beyond a reasonable doubt. Furthermore, a Jacksonville DUI Lawyer can evaluate your case and determine if there are any mitigating factors or justifications for the alleged DUI.

May 24, 2012

A Man, A Zebra, and A Parrot… DUI Joke

by David M. Goldman

You may be waiting for the punch line for this joke, but there is not one. This is a true story about a man who received a OWI in Iowa after he and his girlfriend brought their pet Zebra and Parrot the a local bar. Officers pulled the man over shortly after leaving the establishment. The man failed the Field Sobriety Test with a BAC of .14. His excuse, “He was about to allow a passenger in the truck to take the wheel when he was arrested.”

The incident occurred on Sunday evening in Dubuque, Iowa outside the local Dog House Lounge. The man, 55 year old Jerald Reiter stated he frequented the bar and on most nights he is allowed to take his zebra inside, but that night they were serving food. He returned the animals back to his truck and allowed fellow patrons to take pictures of the zebra and parrot. He believes a fellow patron is the one who called the police on him.

As a Jacksonville DUI Lawyer this story just goes to show you a DUI can happen at anytime and at anyplace. That is why the guidance and assistance of a Jacksonville DUI Lawyer can prove to be invaluable. I can protect your rights and fight for the best possible outcome in your case. If you are facing a Duval, St. Johns, Clay, or Nassau County DUI, Call a Jacksonville DUI Lawyer today, 904-685-1200.

May 23, 2012

What Should I do if I am Arrested in?

by David M. Goldman

The most important thing to remember after you have been arrested in Duval, St. Johns, Clay, or Nassau County is to NOT talk to law enforcement officers until you have spoken with a Jacksonville Criminal Defense Lawyer. You must protect your Rights and if you go after the Florida Criminal Justice System alone, adverse consequences could result. That is why I notify all my clients to as for an attorney before telling a Florida Law Enforcement Officer anything. This one tip could prove to be invaluable in your Florida Criminal Case.

Law Enforcement Officers are trained interrogators and can manipulate a situation that will prove their case and incriminate yourself. Even seemingly innocent statements can be construed negatively if you are not assisted by a Jacksonville Criminal Defense Lawyer. I can control the questioning, make sure the answers are not manipulated, and protect your rights. If you are in custody and the police want to “question” you, you have a right to an attorney. USE THAT RIGHT! Do not answer any questions without an attorney present.

However, if you are not “in custody” the officers do not have to offer the assistance of counsel. With that being said, if you are not “in custody” you are also FREE to leave. USE THAT RIGHT and leave without speaking to the police. Do not give them a reason to place you into custody. If you have been questioned by the police or have been “in custody” and were allowed to leave, contact a Jacksonville Criminal Lawyer today. I will discuss your case with you, make the proper determinations in moving forward, and make sure your Rights are being protected along the way. So do not delay, call me today!