Jacksonville Criminal Defense Lawyer Blog

May 21, 2012

What Happens if I am Classified as a HTO? Can I Keep my License?

As a Jacksonville Traffic Ticket Lawyer, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its specific characteristics and details, the end result is always the same; the individual is facing a 5-year suspension of their Florida license. This will not only have a negative impact on an individual’s job, but also their social life, travel plans, and ability to acquire basic living necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. Therefore, as a Habitual Traffic Offender what can I do? You can contact a Jacksonville Traffic Ticket Lawyer to fight for your rights and potentially keep you with a valid Florida Driver’s License. Let me explain HTO.

First, Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

3 or more convictions of any one or more of the following arising out of separate acts: [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR

May 18, 2012

Trayvon Martin’s Murder Trial Evidence Released

by David M. Goldman

The nationally recognized George Zimmerman Murder Trial Evidence has been released on Thursday. Evidence released by the Special Prosecutor included a multitude of photos, documents, and audio recordings. This case became national news once the Martin family and others placed a “Race” based motive upon the fatal shooting that took place back in February. As a Jacksonville Beach Criminal Defense Lawyer, I keep an unbiased opinion until I have the opportunity to review all the evidence and only then would I offer an opinion as to motive.

After reviewing the evidence released by the Prosecutor’s on Thursday, the prosecution has a long hard road ahead of them before they will have their conviction of 2nd degree murder. Zimmerman and his attorney still claim self defense under Florida’s, now controversial, “Stand Your Ground” law. Under that law a person is permitted to use deadly force when confronted if they believe they are in imminent danger of dead or serious bodily injury. Travyon Martin’s family has stated Zimmerman was unprovoked and acted without reason. However, recently released photos show Zimmerman with lacerations on the back of his head, a broken nose, and black eyes. Considering the injuries to Zimmerman alone, the prosecution has a hurdle to overcome.

In contrast, the Martin family is basing Zimmerman’s guilt on the fact Zimmerman had the choice and ability to stay in the vehicle instead of pursuing Trayvon. They also state Race as a determining factor. However, besides some unsubstantiated comments, Zimmerman does not have a history of Racism.

May 18, 2012

Who can see my Florida Criminal History after it has been Sealed or Expunged?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I have been approached on numerous occasions by clients with not so perfect Florida Criminal Histories. However, these blemishes on their records does not necessarily make them bad people, we all make mistakes and some mistake deserve to be erased. That is why I offer my current clients and potential clients who have Florida Criminal Histories the opportunity to have their Florida Criminal History Sealed or Expunged. With that being said, the number one question I address with my Florida Record Seal/Expunge Clients is “Who can see my Florida Criminal History after it has been Sealed or Expunged?

For the most part the answer is “no one.” However there are a few exceptions to that general answer. According to Florida Statutes, the following are exceptions and can see your Florida Criminal History even after it has been Sealed or Expunged.

A criminal justice agency, state law enforcement agency, or federal law enforcement agency. For example, Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the FBI will still be able to access your Sealed or Expunged Florida Criminal History. Additionally, if you are seeking employment with any of these agencies, you will have to notify them of your sealed or expunged record and in some cases have the record unsealed.

May 17, 2012

Can I fight my Florida Traffic Ticket?

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 points that will be placed on your license will be determined by the speed you were traveling over the speed limit. For example, 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.

May 16, 2012

I was Charged with BUI, do I need an Attorney?

by David M. Goldman

As the warm weather comes upon Jacksonville and the surrounding areas, so does the amount of boat traffic in our local waterways. In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville’s boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, “I was caught BUI (boating under the influence), do I need a Jacksonville Criminal Defense Lawyer?”

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person’s normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver’s license suspension. However, it will suspend your boating privileges.

May 15, 2012

Arlington Home Destroyed by Fire, Possible Arson?

by David M. Goldman

A recent report of a home in Arlington being completely destroyed by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from the garage. Although the fire was extinguished rather quickly, the resulting damage was extensive. Officials estimate the home to be a “complete loss” with damages estimating to be over $400,000. The cause of the fire is still being investigated, but leads me to question whether this is a case of Arson or not.

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.

May 14, 2012

10-20-Life, Florida Criminal Law, Is It Fair and Just?

by David M. Goldman

Recently, Marissa Alexander was sentenced for 20 years for firing what she stated as a “warning shot” during an argument with her husband. Many have come to question Florida’s 10-20-Life law in mist of this recent conviction. As a Jacksonville Criminal Defense Lawyer this law hinders my representation of my clients because it takes the sentencing out of the hands of the jury and sets mandatory sentences.

In the Alexander case, she stated she fired a “warning shot” in self defense from an abusive husband. This incident took place at her home and in front of her two children. The bullet did not strike her husband nor did any injuries result from her actions. Even so, she was charged with two counts of aggravated assault.

Now, under Florida’s 10-20-life law, the law sets mandatory sentences for crimes involving guns, no matter what the situation may be. Under the law if a gun is pulled then a 10 year min sentence is imposed. If a shot is fired, a 20 year min is set. Finally, if a person is shot, a life sentence is imposed. This law is the reason for why Alexander was sentenced for 20 years (she fired a shot). However, her penalty for self-defense is the same as some one committing armed robbery with the intent to steal and potentially harm another individual. Fair and Just? I think not!

May 12, 2012

Can I have my Florida Record Sealed or Expunged?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person’s past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.

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:

Aggravated Assault

May 11, 2012

I want my Criminal Record Sealed/Expunged. What can I do?

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 Beach Record Seal/Expunge Attorney may be able to help! As a Jacksonville Beach Record Seal/Expunge 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;

May 11, 2012

The Players comes to Jacksonville, But I got a DUI. Now What?

by David M. Goldman

As The Players comes to a pinnacle this weekend, some Jacksonville residents and tourists alike may be in a position that was not anticipated as they went out for a day of golf and celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an “implied Consent Law.” Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.