Jacksonville Criminal Defense Lawyer Blog

April 3, 2012

Habitual Traffic Offender (HTO) Notice, now What?

As a Neptune Beach Habitual Traffic Offender Defense Attorney, I am faced with Clients that have lost their Florida driver’s license and have nowhere to turn. Many do not understand why they have been labeled a Neptune Beach Habitual Traffic Offender (HTO) or the consequences of such a label. Not having a valid Florida driver’s license is a huge burden to bear. It will have a negative impact on an individual’s career, life style, travel plans, social life, and the ability to gain access to basic living necessities.

However a Neptune Beach HTO is not without options. I can review your driving history and determine what offenses have placed you on HTO status. Then based upon that information I can go before the Court and represent your best interests. Finally, if granted, I can get the HTO status reversed and therefore allow you to regain your license.

First, let me explain how your Neptune Beach HTO status was determined. HTO is defined under Florida Statute § 322.264. 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:

April 2, 2012

What Florida Crimes may Not be Sealed?

by David M. Goldman

As an Atlantic Beach Record Seal Attorney, I am confronted on a daily basis regarding potential clients wanting to have their record sealed. Unfortunately, I am not always able to assist them in ascertaining their objective. Therefore, in order to give my Clients more information up front regarding an Atlantic Beach Record Seal, I have provided the crimes that are not permitted under Florida Statutes.

However, I would like to note, that this list is not all-inclusive and if you have any questions please contact me directly and I will be able to assist you in your particular matter.

What crimes may not be sealed:

March 30, 2012

Craigslist Killer Sentenced Today

by David M. Goldman

Friday Morning marks the end to a long and highly publicized trial of David Kelsey Sparre. Jacksonville’s Circuit Judge Elizabeth Senterfitt sentenced Sparre, known as the “Craigslist Killer”, to Death. This sentence follows a guilty conviction by a Jacksonville Jury, which later unanimously voted in favor of capital punishment.

This conviction and sentence stems from the July 2010 killing of Jacksonville resident, Tiara Pool. The two met when Pool, then wife to a Navy Officer, posted an ad on Criagslist. Sparre, who was in town to assist his grandmother, responded to Pool’s ad and the two met at the hospital and returned to Pool’s apartment. While at Pool’s apartment the two got romantic and that is when she notified him of being married. That is when Sparre, according to the State, stabbed Pool 89 times before leaving to return to his grandmother.

As a Jacksonville Criminal Defense Lawyer I have been following this case quite closely. Both the State and the Jacksonville Criminal Defense team had a hard time proving their case. However, given the guilty verdict, the State was able to convince the jury Beyond a Reasonable Doubt that the Defendant, Sparre, had committed this murder.

March 30, 2012

FAMU Hazing Continues to Plague the University

by David M. Goldman

Florida A&M University has made national news headlines once again with more Hazing incidents within the “Marching 100.” Currently, two professors have been placed on paid administrative following allegations of their presence during Hazing incidents in 2010. The allegations further detail that some of the incidents occurred at the professor’s home in early 2010.

According to the reports, the incident including slapping the backs and necks of the pledges as well as potentially harsh paddling. Unfortunately, no charges are going to be brought because the State cannot prove the incident occurred within the 2-year statute of limitations on Hazing.

FAMU first made national headlines when drum major Robert Champion died from injuries he sustained from Hazing incidents two days earlier on the school bus following a Football game. Since that time FAMU has been plagued with allegation after allegation, suspension after suspension, and arrest after arrest all stemming from Hazing incidents and the University Band, “Marching 100.”

March 30, 2012

Florida Teen Sentence in British Tourist Slaying

by David M. Goldman

Wednesday a Florida Jury convicted 17-year old Shawn Tyson of two counts of first-degree murder. Now since the innocent/guilt phase of the bifurcated Florida Criminal Trial has concluded with a guilty conviction, the sentencing phase is to follow. During this phase of the Criminal proceeding the judge and jury will hear mitigating factors that can be considered to potentially reduce the time the Defendant will spend in prison. Currently, the Defendant is facing a life sentence without the possibility of parole.

This case stems from the April killings of two British tourists, James Cooper and James Kouzaris, 25 and 24 respectfully. According to reports, the two were staying with family friends near Sarasota when the incident took place. On the evening of April 15, the two tourist set off for dinner and drinks in the downtown area. After becoming intoxicated and enjoying the Sarasota nightlife, they got lost and accidentally arrived in Tyson’s housing project shortly before 3 AM. There Tyson confronted the two lost and drunk British tourists. Tyson then proceeded to shoot the two as they stood before him.

As an Orange Park Criminal Defense Attorney, I have followed this case closely and the Defense team had a hard case to litigate. Ultimately, the State was able to prove the charges beyond a reasonable doubt. Therefore, the Defendant was found guilty. This case arose as a robbery gone bad, unfortunately, these tough economic times lead some to act out in violent was in order to make ends meet.

March 29, 2012

Jacksonville Corrections Officer Arrest on Drug Charges

by David M. Goldman

Late on Wednesday Jacksonville Sheriff’s Office (JSO) arrested one of their own during an undercover drug sting. The suspect is James Mock III of Jacksonville Corrections. He was arrested following a drug deal to an undercover officer at the corner of Market and State Street in Jacksonville. As a Jacksonville Beach Criminal Defense Attorney, this type of corruption in the legal system should not be tolerated.

The Jacksonville Corrections Officer has been charged with selling narcotics to an undercover officer and selling narcotics within 1,000 ft of a convenience store. JSO undersheriff Senterfitt made a press release following the arrest and stated Mock had confessed to selling the narcotics to the undercover officers. JSO also found additional pills and controlled substances in the vehicle of the accused.

As a Jacksonville Beach Criminal Defense Attorney, this incident reminds me of how bad our economy has gotten. I know that desperate times sometimes call for desperate measures, but when illegality is involved Criminal sanctions could follow. Although tough economic times is no excuse for Jacksonville Beach Criminal Behavior, the motive and reasoning behind the crime could be used as mitigating factors during sentencing and plea bargaining.

March 29, 2012

How Social Media could Negatively Impact your Criminal Case

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I work zealously to represent my clients and provide the best defense possible, given their current situation. However, my job is complicated when Social Media Sites are utilized by the State Attorney’s Office to prove their case. A recent example of Social Media negatively impacting a Florida Criminal Case occurred Brevard County.

Convicted Felon, Christopher Wharf, was arrested last Thursday for possession of a Firearm by a convicted felon, possession of ammunition by a convicted felon, and possession or use of a weapon while under indictment. How do you ask he was arrested for such crimes? Pictures and Videos posted on Facebook!! No the police did not arrive while he was firing the weapon, or actually see him in physical control. But, since pictures and video clearly show Wharf with a weapon and discharging said weapon, the Criminal Defense Attorney has a huge burden to overcome.

As a Criminal Defense Attorney in Duval, St. Johns, Clay, and Nassau Counties I advise them about the availability of Social Media Sites information to the State Attorney and the negative impact that could have on one’s Florida Criminal Case. This is a prime example of this advice. Who knows if the Police would have discovered Wharf’s extracurricular activities if he had not posted pictures and videos of his activities on the Internet, especially Facebook.

March 28, 2012

Christian Fernandez’s Mother Pleas Guilty In Duval County Courthouse

by David M. Goldman

As the trial for first-degree Murder of 13 year old Christian Fernandez continues, his Mother’s case has come to an end. His mother, Biannela Susana, charged with Aggravated Manslaughter has pleaded Guilty in Duval County’s Courthouse Wednesday. According to the plea bargain entered into she is facing a prison term between 13 months and 30 years.

The victim, David Galarriago, was her 2 year old son. According to the arrest and booking report, Biannela returned home to find her son unconscious. She then proceeded to clean the child, change his clothes, and place ice on his head. It was not until 2 hours later Biannela took her son to St. Luke’s Hospital for treatment.

Plea Bargaining is an essential part of St. Augustine Criminal Defense. As a Criminal Defense Lawyer, I know that most cases are handled through Plea Bargaining and very few actually make it to trial. In most cases, Plea Bargaining is in the best interest of the St. Augustine Criminal Defendant. As a Criminal Attorney, I advise all my clients of the pros and cons of a plea bargain. My attention to detail and driven attitude assist my clients in receiving the best possible outcome. Therefore, if you are facing a St. Augustine Criminal Offense or are located in the surrounding area, contact a St. Augustine Criminal Defense Lawyer today. It could prove to make all the difference in your case.

March 28, 2012

What could Happen if I file a False Jacksonville Police Report?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I hear about a multitude of Criminal issues and I am not surprised all that often. However, I have recently been overwhelmed with the amount of inquiries concerning the filing of False Jacksonville Police Reports. This action, when taken, can lead to serious penalties for the wrongly accused and the person filing the report. Most people I speak to do not realize the severity of their actions and were just angry, jealous, or upset when making the report. But, their actions have now led to an arrest and possible conviction of an innocent Criminal Defendant.

Florida Statute § 817.49 defines the crime of filing a false police report. It reads, “whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty.” Filing a False Jacksonville Police Report is a first-degree misdemeanor and is punishable by up to one year in jail and/or fines not exceeding $1,000.

As a Duval, St. Johns, Clay, and Nassau County Criminal Defense Lawyer people who file false police reports only make my representation of Criminal Defendants more complicated. Therefore, next time you are angry, upset, or jealous of another, think twice before deciding to file a false police report. It could end negatively for all parties involved. So, if you are facing a Jacksonville, Duval, St. Johns, Clay, or Nassau County Criminal Charge and believe the accusations are false, contact a Jacksonville Criminal Defense Lawyer today. That decision could prove to be invaluable in your case.

March 27, 2012

My Florida Driver’s License was Suspended, What can I do?

by David M. Goldman

Do you have a Florida Driving Record that reads like a novel? Is your Florida Driving History far from perfect? Has your Florida Driver’s License been revoked or suspended for too many Traffic Violations? If so, you may have options to get your license back or to prevent it from being suspended in the first place. As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding suspended license or the receipt of a traffic ticket. I assist these clients in regaining their license and preventing any further negative consequences from not having a valid Florida License.

As a Jacksonville Criminal Defense Lawyer, the question I hear the most is “My Florida Driver’s License was suspended, what can I do?” Most of the time Florida Drivers have their license suspended for excessive points. These points are assessed every time you receive a Florida moving violation and are convicted for the offense. Basically, when you pay the fine you are convicted for the offense and points will be awarded. However, you do have options and if you act quickly a Jacksonville Criminal Defense Lawyer can try to prevent points from ever being issued on your license.

Florida Statute § 322.27(3) (a)-(c) define the amount of points required for having your license suspended: