Jacksonville Criminal Defense Lawyer Blog

April 18, 2012

The use of Science to Avoid a Traffic Citation

As a Ponte Vedra Traffic Citation Attorney, I use all my available resources to provide my clients with Zealous representation. I further strive to resolve my clients with the best possible outcome given their current circumstance. However, my attention was drawn to a recent article about a College Student’s testimony and his resolution of a Traffic Violation. In this case he was able to fight the ticket and get the charges dropped against him, saving $400!

In this circumstance the College student, Dmitri Krioukov, was issued a Traffic Citation for running a Stop sign. Dmitri was able to use his knowledge of Physics to challenge the officer’s perception and ultimately convince the court that a mistake had been made. I have attached a copy of the document, The Proof Of Innocence for your review and insight into how Dmitri went about Fighting the Traffic Court.

This case has caught attention from national news agencies and Traffic Attorney’s everywhere. While I cannot say if you get a Ponte Vedra Traffic Citation, I will be utilizing the officer’s perception based upon linear speed and obstruction of view to fight your ticket. I can tell you I will use whatever resources available to me to provide you with a defense that is both within the confines of the law and will result in an amicable resolution of your case.

April 17, 2012

George Zimmerman and the Burden of Proof

by David M. Goldman

By now, you’ve heard of the tragic death of Travon Martin. You probably have also heard that his killer, George Zimmerman, has been charged for the killing. The purpose of this post is to clear up some confusion over what, exactly, the state charged Mr. Zimmerman with and what sort of facts each party will have to prove.

The State of Florida has charged Mr. Zimmerman with Murder in the Second Degree. Many people think the “second” means it is Mr. Zimmerman’s second charge; this is not the case. The varying degrees in criminal charges usually provide the burden of proof placed on the State in order to secure a conviction. In Mr. Zimmerman’s case, the state will have to prove beyond a reasonable doubt that Zimmerman (1) killed Travon Martin (2) with ill-will towards him (3) while acting in disregard for human life.

The second element in that list will likely be the most difficult to prove, and it is part of the reason the State will likely have a difficult time securing a conviction. Of course, most of the speculation surrounding this case is whether or not Mr. Zimmerman was justified in killing Travon Martin. The legal analysis, however, has nothing to do with whether or not Mr. Zimmerman was really “justified.”

April 16, 2012

Man Charged in Hit-and-Run Death in Florida

by David M. Goldman

As a Jacksonville Beach Criminal Defense Lawyer, when I read the recent article of DUI manslaughter, I was shocked. I was personally in the area when this incident occurred. Although I did not witness the incident, I was delayed in traffic as a result of the Police Investigation. According to the report, Francisco Mendez has been arrested for DUI Manslaughter and leaving the scene of an accident resulting in death.

This incident occurred on Saturday night on 3rd street in the Jacksonville Beach area. At or about 3 AM, 29 year old Justin Reif was crossing third street when he was struck by on-coming traffic, Francisco. A witness stated the vehicle did not stop immediately, but returned a short time later. However, after the driver saw the victim, he left the scene again. A short time later, the Jacksonville Police pulled over a vehicle matching the description and arrested the driver, Francisco.

As a Jacksonville Beach Criminal Attorney, this incident bring several questions to mind. First, eye-witness statements are notoriously incorrect and inaccurate. This fact is increased by the traumatic event they witnessed. This could be a simple case of misidentification. Second, police stated he had “an ordor of alcohol on his breath and his eyes were red.” Well, did the police conduct a proper field sobriety or a breathalyzer? What evidence do they have regarding his intoxication?

April 13, 2012

Zimmerman’s Attorney Calls for Status Hearing

by David M. Goldman

Zimmerman’s Attorney called for a Status Hearing today. This is a last minute hearing, requested just one day after Zimmerman had his brief First Appearance in Sanford Court. There the Judge set Formal Arraignment for 29th of April. At Arraignment, issues Zimmerman will have to resolve include: entering a plea, setting a bond, determination on whether the court record will be sealed, etc.

As a Jacksonville Criminal Defense Lawyer, this case is of particular interest to me. Florida’s Stand Your Ground law has come into question and ultimately, the outcome of this case could negatively affect my future clients. These clients that had to use deadly force to protect themselves from death or serious bodily injury. However, as of today Zimmerman’s Attorney has not told the State that they will be relying on this affirmative defense.

As this case progresses many details about that February night will come to light and ultimately justice will prevail. Additionally, as a Criminal Defense Lawyer, I know the impact media can make on a pending criminal case. Zimmerman’s Attorney has a huge hurdle to clear and make sure the case is tried in the courtroom and not through the media.

April 13, 2012

Young Boy Charged with Reckless Driving, What can happen if Convicted of Reckless Driving?

by David M. Goldman

Recently a 15 year old boy and his 11 year old brother went for a drive in the family sedan. Normally not news worthy, however, this boy did not have a valid Florida’s Driver’s License and he crashed the vehicle off a bridge. Luckily, the boys did not sustain any injuries. The oldest Brother is facing Riverside Criminal Charges of operating a vehicle without a license and Reckless Driving, both very serious Charges.

In Riverside, Reckless Driving is an offense all on it own. This is because of the punishment allowed under the statute and how the statute is formed. Reckless Driving is defined under Florida Statute § 316.192, which reads [in relevant part]:

[1]Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving…[2]Except as provided in subsection [3], any person convicted of reckless driving shall be punished: upon first conviction, by imprisonment for a period of not more than 90 days OR by fine of not less than $25 nor more than $500 OR by both such fine and imprisonment.

April 12, 2012

Zimmerman’s First Appearance, Now What?

by David M. Goldman

As the Nation watched at 1:30 PM today George Zimmerman appeared in Seminole County for his First Appearance before a Judge. Broadcasted live, the nation saw Zimmerman for the first time since he was previously released. Zimmerman’s First appearance was before Honorable Judge Mark Herr. The judge kept the hearing short and set Formal Arraignment for May 29 before Circuit Court Judge Jessica Recksiedler.

As a Neptune Beach Criminal Defense Lawyer, I am following this case closely. Although the full factual information relating to the incident has not been made public, the legal implications of this proceeding could be widespread. Angela Corey, Special Prosecutor, spoke last night regarding what many have called into question; Florida’s Stand Your Ground Law. Angela Corey stated if the Defense utilizes the affirmative defense under Stand Your Ground, she and the prosecutors would fight it. As a Defense Attorney, this affirmative defense is vital for the protection of one’s self and the defense of others.

Under Florida’s Stand Your Ground Law, you are not required to retreat when presented with a threat and/or violence. In addition, one is permitted to use deadly force if believed necessary to protect one’s self from immediate death or severe bodily injury. However, the State will make known that Trayvon was unarmed and posed no risk to Zimmerman. In contrast, the Defense will utilize Zimmerman’s statements that he acted in a reasonable manner for the protection of himself after Trayvon had already attack him.

April 12, 2012

Florida Domestic Violence Explained

by David M. Goldman

Atlantic Beach Domestic Violence Accusations are very serious charges. What do you do when you have been accused of Domestic Violence? How do you defend yourself when someone has accused you of domestic violence in Atlantic Beach, Florida?

If someone accuses you of domestic violence, you need to watch what you say. In many cases, when the Jacksonville Beach Sheriff’s Office responds to a domestic dispute, someone ends up going to jail. You do not want your words to be misconstrued and used against you.

If you have been arrested for Atlantic Beach Domestic Violence, you will go before a judge for first appearance court. Here, you will (a) receive a bond or (b) accept a plea deal. The majority of the time, accepting a plea deal is one of the worse things that you can do. Usually, the Atlantic Beach Domestic Battery Sentence will include extensive probation and you will not be able to get the charge sealed. It is best to discuss the case with an Atlantic Beach Domestic Violence Attorney before doing anything.

April 11, 2012

Zimmerman’s Attorneys Quit!

by David M. Goldman

The Trayvon Martin Case takes another unexpected turn. This time, the attorneys for George Zimmerman (Hal Uhrig and Craig Sonner) have dropped him as a client following three days of no communication between the two parties. They also state Zimmerman is under a lot of stress and they have lost control of his actions.

At the announcement of their withdrawal, the attorneys stated Zimmerman had contacted the Special Prosecutor’s Office directly, had an off-the-record conservation with FoxNews, and created a personal website for legal representation. All these actions were done without the consent and guidance of his attorneys. As a St. Augustine Criminal Defense Lawyer, these actions by Zimmerman are shocking. They go against all procedural aspects as a criminal defendant. I advise my clients not to talk to the police, State Attorneys, or any body regarding their case unless I am present and can control the situation.

These actions taken by Zimmerman may display his unease with the situation or the effect of isolation on both his mental and physical condition. However, taking on his case without legal representation would be a big mistake. This case has caught the eye of the Nation and is highly criticized on both sides. He need Attorney’s fighting for his rights and making sure the proper steps are being taken to protect him.

April 11, 2012

What Happens if I am Classified as a HTO?

by David M. Goldman

As a San Marco Habitual Traffic Offender Defense 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 San Marco Habitual Traffic Offender what can I do? You can contact a San Marco HTO Defense 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

April 10, 2012

Florida resident Shoots Houseguest allegedly in Self-defense

by David M. Goldman

Recently Florida’s “Stand Your Ground” law has come into controversy. Many cases in Jacksonville and around Florida have been questioning this Florida Law. As a Mandarin Criminal Defense Lawyer, this Law gives Criminal Defendant’s immunity from their actions if they constitute self-defense. Furthermore, one is permitted to use deadly force to combat a violent attack if serious bodily injury or death will likely result.

There is another recent example of “Stand Your Ground” in Lake County Florida. In this incident, the homeowner shot and killed his 27 year old house guest during an altercation Saturday night. According to reports, 21 year old Jakob Penrod got into an altercation with his houseguest, his finance’s brother. During the fight, Jakob shot and killed the houseguest in alleged self-defense. Florida Police have supported this notion by the evidence collected at the scene.

Although, it appears to be self-defense, the case has been submitted to the State Attorney for review and determination as to whether or not to file charges. If charges are to be filed, it does not automatically mean a conviction will follow. The quicker you get a Mandarin Criminal Defense Lawyer involved, the longer and more time they have to influence the State in not filing charges or mitigating the already pending charges. Therefore, if you are facing a Mandarin Criminal Offense, contact a Mandarin Criminal Defense Lawyer today. It could prove to be invaluable in your case.