Jacksonville Criminal Defense Lawyer Blog

April 10, 2012

Florida Police Car Shot Near Trayvon Martin’s Shooting Scene

The complexity of the Trayvon Martin shooting continues. This time an empty Sanford Police car parked outside the apartment complex where Trayvon Martin was shot was found Tuesday morning riddled with bullets. According to local Police, no one was inside the vehicle at the time of the shooting, however, at least one window was shattered as a result. Witnesses testify they heard at least 6 shots fired. No arrests have been made and an investigation is ongoing.

This case made National headlines after Zimmerman’s action came into question. He claims self-defense under Florida’s “Stand Your Ground” law, but others are not so sure. People have protested all over the state, the President has made a speech about Trayvon, and the Governor has appointed Jacksonville’s State Attorney -Angela Corey- as special prosecutor in this case. As a Ponte Vedra Beach Criminal Defense Lawyer, I keep informed about this case because of the potential impact it will have on my clients in the future. This case will define Florida’s “Stand Your Ground” law and could limit the scope in the future.

As this case progresses more and more facts will be revealed and the true understanding of the incident will come to light. If you should find yourself facing potential Ponte Vedra Beach Criminal Offense and believe you acted in self-defense, contact a Ponte Vedra Beach Criminal Defense Lawyer today. I can review your case, make the proper determinations, and provide you with the best defense possible.

April 9, 2012

No Grand Jury in Trayvon Martin Case in Florida

by David M. Goldman

Jacksonville’s State Attorney, Angela Corey, has made the determination not to ask a grand jury to decide on potential charges against George Zimmerman. Corey, Special Prosecutor, appointed by Governor Rick Scott canceled the already scheduled Grand Jury. The previous prosecutor empaneled this Grand Jury, but Corey has decided to take a different approach. Corey has stated this does not affect her decision on whether or not charges are forthcoming.

This investigation stems from the February 26 shooting of Travyon Martin. According to Zimmerman, the neighborhood watchman, Martin was shot in self-defense after attacking Zimmerman. Since the shooting, this highly publicized case has made national headlines, presidential speeches, the rise of a new Black Panther Party, and numerous allegations as to guilt of Zimmerman.

As a Ponte Vedra Criminal Defense Attorney and Attorneys everywhere this case has caught my attention and the impact it may have on future cases. Florida’s “Stand Your Ground” law has been placed into question and the outcome of this case has the potential to limit its impact. Under the law a person does not have a duty to retreat when faced with violence. Furthermore, the victim can use deadly force if necessary to prevent imminent death or serious bodily injury.

April 9, 2012

“Caylee’s Law” Signed into Law

by David M. Goldman

Jacksonville residents and people across this nation can remember the heartbreaking Casey Anthony case and the devastating death of little Caylee Anthony. Although Casey Anthony was acquitted of the Murder charges, a new Bill was formed to prevent such actions from reoccurring. Governor Rick Scott signed “Caylee’s law” into law on Friday.

This law was designed and now implemented to increase the penalties when a parent or guardian lies to the police after a child has gone missing. According to this new law, it is now a third degree felony (punishable by up to 5 years in prison) to give false information to police when the purpose of the investigation is the recovery of a missing child. This is a great contrast to the previous penalty of a third degree misdemeanor (punishable by up to 1 year in jail) for lying to the police.

Just for comparison, if this law would have been in effect at the time of the Casey Anthony Trial, she could have faced up to 20 years in prison, not the 4 years that she was sentenced to and released from last summer.

April 8, 2012

Feds Seize Shipment headed for Hong Kong and Vietnam

by David M. Goldman

As a car enthusiast and classic car collector myself, this recent seizure by the U.S. Customs and Border Control drew my attention. As a St. Augustine Criminal Defense Lawyer, when the CBP get involved I know the Criminal Penalties were be harsh and severe. However, every St. Augustine Criminal Defendant is innocent until proven guilty and should be provided with a St. Augustine Defense Team that will zealously represent them and make sure their rights are being protected.

During this recent seizure, off the coast of California, 16 supercars were recovered. The cars hold an estimated value exceeding 1 million dollars. Amongst the vehicles taken were BMW SUVs, Mercedes SUVs, an Audi Quattro, Lexus’, Infinitis, and a 2010 Ferrari 458 Italia. According to authorities, the Ferrari is what got the shipment seized. CBP was able to use the GPS locater in the Ferrari to locate the shipment and seized the cargo even after it had left the US port.

Ironically, these luxury supercars were located in cargo containers labeled “used exercise equipment.” Authorities told reporters that although these vehicle cost top dollar here in the US, in the Asia markets they can catch up to two or three times that amount. With that value it is no wonder why people are willing to take the risk of getting caught.

April 7, 2012

Baymeadows Shooting, Police Still Investigating

by David M. Goldman

A recent shooting outside Arby’s located on Baymeadows Rd. in Jacksonville, Florida leaves Jacksonville Sheriff’s Office (JSO) on the manhunt for the suspect. This shooting struck my attention as a Jacksonville Criminal Defense Lawyer because I frequent that area and have eaten at that establishment in the past. With the little information provided to the press about the shooting, I am left with concern as to the motive and possible defenses the suspect may have regarding this shooting.

According to reports, JSO responded to a 911 call on Wednesday around 3 PM. When JSO arrived they located the gunshot victim in the parking lot and took him to Orange Park Medical Center for treatment. His injuries are listed as serious, but not life-threatening. JSO investigated the shooting and questions witnesses that were at the restaurant at that time. However, they were not able to get a description or located the suspect at this time. The investigation is ongoing.

As a Jacksonville Criminal Defense Lawyer, this incident, without further details, brings many questions to mind. Was there an altercation between the suspect and victim? Was the suspect acting in self-defense? How does the victim portray the events leading up to the shooting? Could the victim actually identify the shooter? All these questions and more will have to be answered before the State can make an arrest or file charges. In addition, eyewitness testimony is notoriously inaccurate and largely incorrect.

April 6, 2012

Stand Your Ground Law Complicates Trayvon Martin Investigation

by David M. Goldman

Like everyone else across the country, I have been following the coverage of the Trayvon Martin case and investigation. Even more so after Jacksonville’s own State Attorney, Angela Corey, was assigned to the case. Although heartbreaking, the investigation has also brought national attention to so-called “Stand Your Ground” laws.

Under Florida’s Stand Your Ground Law, an Orange Park resident is justified in using deadly force against another person if he or she reasonably believes the force is necessary to prevent “imminent death or great bodily harm to himself or herself or another person. . . .” The problem with the law is that once a shooter invokes self-defense under the Stand Your Ground Law, the police must find evidence to disprove the shooter’s story before they can arrest him.

Analyzing the Trayvon case, if the police can establish that the voice shouting for help in the infamous 911 call belongs to Trayvon Martin, it could potentially suffice as enough evidence to arrest Trayvon’s shooter, George Zimmerman. If they find the voice belongs to Zimmerman, then police likely will not arrest Zimmerman. However, an adequate prediction cannot be made without more facts and because neither the Sanford police nor Duval County Prosecutor Angela Corey is releasing information, further analysis would be speculative.

April 5, 2012

I Received a Florida Traffic Ticket, What Can I Do?

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:

April 5, 2012

Why should I hire a Riverside Criminal Defense Lawyer Today?

by David M. Goldman

Do you have a Riverside Criminal History that is keeping you from getting that apartment you want, prevented from getting that ideal job, or refused a loan because of your past? If so, I can help. However, in most cases, you must act now and not wait until the case has been resolved.

As a Riverside Criminal Defense Lawyer, I am often confronted with the question, “Why should I hire a Riverside Criminal Defense Lawyer?” The answer is simple; to protect your rights and to protect your FUTURE. As a Riverside Attorney, I can work for you to get the best outcome possible given your current situation. Most importantly I can take three avenues to make assist you in having a better future.

First, I can work with the State Attorney or Prosecutor to attempt to influence their filing decision and get the charges dropped. Just because you have been arrested for a Riverside Criminal Offense, does not automatically mean there will be a conviction. However, the filing decision is made early in the legal process, so time is of the essence in this approach.

April 4, 2012

Jury Recommends Death Sentence for Javon Daniels’ Murderer

by David M. Goldman

One of my goals as a Mandarin Criminal Defense Lawyer is to stay up-to-date on relevant news that might interest some Mandarin Criminal Defendants. Well, such news was just released earlier this morning. The Jury for Arthur Martin took just 45 minutes to return a vote in favor of the death sentence.

Arthur Martin, also known as “Shorty Fat,” was convicted last week for the murder of 19 year old Javon Daniels. The murder took place back in 2009 when Martin approached the young man’s vehicle while parked at a local Jacksonville Apartment Complex. Martin then proceeded to fire 12 rounds into the vehicle where Daniels sat. Daniels later died as a result of the injuries he suffered from the altercation.

Martin, however, is not new to the Criminal Justice System. He has been in and out of prison since 1990 and has frequently traveled between Georgia and Florida causing trouble everywhere he went. Most recently be released for burglary, armed robbery, and Murder.

April 4, 2012

“Stand Your Ground” Law comes Into Question

by David M. Goldman

Florida’s Stand Your Ground law has recently come into question in an appeal by a Jacksonville teen. As a Jacksonville Criminal Defense Lawyer I make it an objective to keep updated and informed as to changing and potentially influential cases and Jacksonville Criminal Laws. Just for clarification, Mr. Seay has not been convicted of any offense and is seeking this appeal by Writ of Prohibition. As all Jacksonville Criminal Defendants they are innocent until proven guilty. His Defense Attorney is working diligently to protect his client’s rights and to ensure that his client is treated fairly in the Jacksonville Legal System.

In that case, three men attacked Seay and his Friend. During the altercation Seay was beaten and forced back until a large tree obstructed his path of retreat, leaving no clear means of escape. That is when Seay pulled a gun and shot into the air. His intention was to scare the men and protect himself from death or serious bodily injury. However, from the angle Seay was located one of the men was shot and killed.

Unfortunately, Seay was not given immunity from his actions under Florida’s Stand your Ground Defense. Under that law, a person who is not involved in the commission of an unlawful activity and has a legal right to be at the place of the incident, they have a right to meet force with force and to not back down from a fight. Furthermore, the law allows a person to use deadly force if that person reasonable fears and/or believes it is necessary to use deadly force to prevent imminent death.