Jacksonville Criminal Defense Lawyer Blog

May 10, 2012

Duval County Teacher Charged with Child Abuse

Recently a Duval County Teacher was arrested on charges of Child Abuse. The alleged incident took place on April 2, 2012. According to the report, Kristopher Hunter, the teacher, kicked the student in the back and also slammed the boy against the wall. The boy had to seek medical treatment for the injuries he sustained during the incident. The student’s name has not been released due to his age. However, it was revealed that the incident occurred between a teacher and a student of Arlington Middle School.

The act of child abuse is defined under Florida Statute § 827.03. Under that Statute child abuse is defined as “intentional infliction of physical or mental injury upon a child; an intentional act that could reasonably be expected to result in physical or mental injury to a child.” As a Jacksonville Criminal Defense Lawyer I have received numerous calls regarding child abuse. What some may not know is child abuse is considered a 3rd degree felony, punishable by up to 5 years in prison and/or $5,000 in fines.

Applying the law to the facts above, it could be established Mr. Hunter was guilty of Child abuse. Mr. Hunter committed an intentional act, kicking and slamming the child, which could reasonably be expected to result in injury, the child was taken to the hospital for medical treatment. Therefore, if the State can prove their case “beyond a reasonable doubt” he could be convicted.

May 9, 2012

I Received a Florida Traffic Citation, Do I need a Lawyer?

by David M. Goldman

As a Florida Traffic Citation Attorney, I am no stranger to Traffic Court. All too often Florida Drivers just pay the fine and never think about the ticket again. However, that is not the best way to dispose of your Florida Traffic Citation. Did you know when you simply pay the Florida Traffic Ticket you are adjudicated guilty? This could have serious negative impact upon your Florida driver’s license and your insurance. An adjudication of guilt for a Florida Traffic Ticket could result in increased insurance premiums and the loss of your driving privileges.

As a result, I advise my clients not to simply pay the fine, but to hire a Florida Traffic Citation Attorney to represent them and to prevent points being incurred upon their license and insurance.

As a Florida Traffic Citation Attorney, I have represented Clients in the following Counties:

May 8, 2012

Zimmerman Pretrial Date Set

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I have watched closely as the George Zimmerman case has progressed. Zimmerman, who is out on bail, did not attend or appear at his recent arraignment. Instead his attorney filed a plea of not guilty and waived his right to a speedy trial.

Zimmerman’s next court appearance will be August 8th for his pretrial.

This case continues to make national headlines as the “stand your ground” law continues to be in controversy.

May 6, 2012

Florida Gun Law “Stand Your Ground” In a Different Context

by David M. Goldman

George Zimmerman, Trayvon Martin, and Florida’s “Stand Your Ground” law have been the subject of national media attention since the fatal February shooting in a Sanford, Florida neighborhood. Nationally acclaimed experts have weighed in the “Stand Your Ground” law and have picked apart whether Zimmerman will be able to use it as a defense to his shooting of Martin.

During the media blitz, however, the case of Marissa Alexander has been overlooked. Now that people are paying attention to it, Florida’s “Stand Your Ground” law may have more problems than were initially expected. Alexander is facing 20 years in prison if she is convicted of aggravated assault. Her case has ignited a new “Stand Your Ground” debate.

Alexander and her husband Rico Grey were involved in a domestic dispute. According to Alexander, Grey beat her and she ran to the garage of her house. The garage door would not open. She then retrieved her gun, which she was licensed to carry. At that point, Alexander says that her husband noticed that she was carrying a gun and threatened her life. She fired one shot into the air, through the roof of her house. Her husband took the children and left immediately. A short time after that, Alexander was arrested and charged with aggravated assault.

April 27, 2012

Habitual Traffic Offenders May Have Other Options

by David M. Goldman

No one is perfect, however when our imperfections lead us to too many traffic offenses, we can lose our Florida Driver’s license for five years. This is most often known as being a “Habitual Traffic Offender” or “HTO”. The State of Florida feels that people who make it a habit to violate traffic laws should be strongly discouraged from driving on our roads and should be faced with a firm punishment.

There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you “knowingly” drove while your license was suspended or not.

HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.

April 21, 2012

Gang Boss Faces 20 Years for Racketeering Conviction

by David M. Goldman

A Jacksonville federal jury wasted no time in convicting the leader of a local gang. Maynard Kenneth Godwin is the leader of a gang called the Guardian. After a long federal trial, Godwin was found guilty of racketeering and conspiracy to commit racketeering. On each count, Godwin is looking at a maximum of 20 years in prison, a potential 40-year sentence.

Racketeering is a federal charge involving a violation of the Racketeer Influenced and Corrupt Organization Act (RICO). RICO was first passed by the federal government in 1970 as part of an effort stop the spread of organized crime in the United States. The purpose of the law is to punish organizations that engage in criminal conduct. If the government can prove that an individual engaged in a pattern of illegal activity to promote the existence of a criminal organization, the defendant can face significant federal charges.

Godwin’s involved a double jury, one for him and one for his co-defendant, Eric Ellis, who was convicted of a home invasion and other offenses. Ellis faces a possible life sentence. The double jury was the first one ever used in the Middle District of Florida. Prosecutors chose to empanel two jurors because both defendants had incriminating evidence against each other, thus preserving each defendant’s constitutional right to confront the witnesses against them. Each jury is charged with determining the guilt or innocence of only one defendant.

April 20, 2012

Zimmerman’s Bond Hearing Determination

by David M. Goldman

After a lengthy hearing, Judge Lester has decided to bond at $150,000, ankle monitoring, location kept secret (possibly located out of state?), no contact with victim or family, no possession of firearms, no consumption of alcohol, curfew, and must tell sheriff’s office location every 3 days. This Bond Hearing was conducted in a manner both professionally and in a manner for the safety of Zimmerman’s family. Due to safety concerns brought by Zimmerman’s attorney, O’Mara, his family testified at the hearing telephonically.

The State, attempted to show George Zimmerman was a violent person. The State questioned the family on a prior incident regarding a confrontation with a law enforcement officer in 2005 and an injunction with a prior woman. The State also attempted to show a lack of ability for Zimmerman’s family to satisfy any bond that may be set by the Judge. One point the State really harped upon was the website set up by Zimmerman or a representative and the continued investigation into how much money had been donated into the account that was set up.

In contrast, O’Mara showed the families ability to pay any bond set by demonstrating the family’s wiliness to mortgage the house and to use limited monetary funds they may have access to. Furthermore, O’Mara rebutted any inference the State may have inferred regarding Zimmerman’s tendency for violence.

April 19, 2012

Circuit Court Judge Kenneth Lester Jr. assigned Zimmerman Case

by David M. Goldman

Yesterday it was announced that Seminole County Circuit Judge Kenneth Lester Jr. will be presiding over the Travyon Martin Murder Trial. The Judge’s first order of business is to preside over the Bond Hearing set for Friday. There it will be determined if George Zimmerman will be issued a bond or must remain in Jail for the remainder of the trial.

As an Atlantic Beach Criminal Attorney, I know the importance of having a fair and non-bias judge presiding over an Atlantic Beach Criminal Offence. In this case, according to most reports, both sides are satisfied with this new assignment. Although not one side is more benefited than the other, Judge Lester is known to be quite “fair.”

Judge Lester Jr. has been practicing law since 1980 after getting his legal law degree from the University of Florida. Judge Lester became a Judge in 1996 where he has handled numerous cases dealing mostly in juveniles, probates, and mental health issues.

April 19, 2012

Cocaine and Cash Seized after Traffic Stop; Potential Probable Cause Issue.

by David M. Goldman

A recent Jacksonville news article stuck my attention from the lack of details and the questions the article bring to my mind. As a San Marco Criminal Defense Attorney, I review arrest reports and news articles relating to Jacksonville Criminal law and analyze them as if they were my potential clients. This is just the case regarding the arrest and booking of George Walters, 21.

In this incident, police pulled over Walters for what is stated as a “felony traffic” stop on Monday. Then article then states the Officers searched his vehicle following his arrest. It was during this subsequent search that police were able to locate two bags of cocaine, money, and a semi-automatic pistol. Walters was then taken to Duval County Jail on charges of armed trafficking in cocaine and possession. Both Jacksonville charges are felonies and carry very heavy penalties.

Analyzing this case, given the limited facts, as if a Walters was a potential client I would have several issues with the Police procedure and whether or not they had valid Probable Cause to search the vehicle following Walters arrest. First, a search incident to arrest of the vehicle is no longer applicable following a recent Supreme Court Decision. The new law under Gates, only permits the search of the vehicle follow an arrest if the suspect can still gain access to the interior of the vehicle or the police believe there is evidence of the offense the suspect was pulled over for inside the vehicle. For example, if pulled over for speeding and arrested for no valid license, the police would not have the ability to search the vehicle if you were already in handcuffs. Also, the police could not search the vehicle on the premise to prevent the destruction of other evidence of the offense (because there is not any). Just a reminder to San Marco Criminal Defendants, if you give the police consent this negates all the defenses to an invalid search and seizure.

April 18, 2012

Judge Presiding over Zimmerman Case Recuses Herself

by David M. Goldman

Today Circuit Court Judge Recksiedler has recused herself from the Zimmerman case. This action follows Zimmerman’s Attorney, O’Mara, request that the Judge recuse herself due to possible conflict. A new Circuit Court Judge to preside over the case has not been named.

The potential conflict arises from her husbands connection with the Defense Attorney. Judge Recksiedler’s husband works with Mark NeJame, an attorney Zimmerman’s family turned to for representation. NeJame declined representation and referred then to O’Mara, his current attorney. NeJame has since been hired by CNN to report on the case.

As an Orange Park Criminal Defense Lawyer, I know the importance to have a judge that has no conflict with the Case. Florida law allows a Judge to recuse themselves if there is the slightest possibility of a conflict. In this case, a weak connection between the Judge and the current attorney was all that was required for the Judge to decide to recuse herself.