Jacksonville Criminal Defense Lawyer Blog

March 26, 2012

Florida Resident Accused of Arson after House set Ablaze

The alleged Arson incident occurred on Sunday morning in the Pleasant Grove area. Fire departments from the surrounding area responded to calls about a “woman appear[ing] to be trying to set the house on fire.” By the time the fire crews arrived the house was already full of smoke and flames were coming from the home. Although they were able to get the fire under control, the house has been deemed a complete loss.

The woman, later determined to be the occupant of the home has been arrested for Arson. However, she was taken to a local Florida Hospital for abdominal pain following the incident. As a Jacksonville Criminal Defense Lawyer that fact alone brings questions to my mind. First, was this woman actually attempting to set fire to her home or was she merely attempting to put out the flames? Also, regarding the abdominal pain, what was its cause? Did it play a factor in her actions? All these questions and more I would like answered if I represented this Defendant.

Regarding her pending charges. In Jacksonville, Florida Arson is defined under Florida Statute § 806.01. The Statute is divided into two sections, one dealing with burning of a structure that is occupied and the other dealing with the burning of an unoccupied structure. The first part of the statute reads,

March 26, 2012

What Occurs at a First Appearance?

by David M. Goldman

Jacksonville Arrests occur all the time and when you caught of guard and arrested by the Jacksonville Police, you may not know what to do or say. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. In Jacksonville, first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants will not be represented by a Jacksonville Criminal Defense Lawyer. Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

As a Jacksonville Criminal Defense Lawyer, I have seen many Jacksonville Criminal Defendants stand before a judge without representation. Although there is a Jacksonville Public Defender present in the room, this is only one Jacksonville Criminal Defense Lawyer to represent all the Jacksonville Criminal Defendants for day. It is not possible for a Jacksonville Criminal Attorney to zealously and adequately represent that many Jacksonville Criminal Defendants at one time.

That is why Jacksonville Criminal Defendants who hire a Jacksonville Criminal Defense Lawyer to represent them at their bond hearing have the benefit of one lawyer for just one client. Also, an experienced Jacksonville Criminal Defense Lawyer will give the judge favorable and valuable information about the Jacksonville Criminal Defendant to the judge at the bond hearing. This evidence will allow the judge to consider these mitigating factors in hopes of lowering the bond or releasing the Jacksonville Criminal Defendant on ROR.

March 23, 2012

I was arrested, What is going to happen?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer most of my clients call me after they have been arrested in Jacksonville, Clay County, Nassau County, or the surrounding area. An arrest in Jacksonville, Clay, St. Augustine, or Nassau County can happen in one of two ways. The first way is the traditional arrest, that we all know of or have seen, that involves being placed in handcuffs and take to the local Florida Police Station. However, as an alternative, the officer can just issue a Notice to Appear and let you go on your way. A Notice to Appear is a piece of paper that acts as an arrest, but you are not actually taken into custody by the Jacksonville, Clay, or Nassau Police. You will have to make a court date to address the criminal charge in Jacksonville. A notice to appear is normally issued to people who have never been in trouble before and is up to the police discretion.

If you have been arrested in Jacksonville, Clay, or Nassau County you will be taken to a pretrial detention center. Once at the pretrial detention center, you will be searched, fingerprinted and seen by a jail nurse. Once your medical evaluation is over, you will be told to change into the jail clothes and put on one of six floors at the jail.

While in detention, before your first appearance before the judge, the police may try to interrogate you and try to gain valuable information in proving their case. However, you have the right to remain silent and as a Jacksonville Criminal Defense Lawyer I strongly advise you to exercise that right. As a Jacksonville, Clay, or Nassau Criminal Defendant, you must remember that the police are not there to help you, they are there to justify their arrest. When approached by the police at the pretrial detention center, ask to speak to a Jacksonville Criminal Defense Lawyer and don’t say anything else to the police. It could prove to be the difference between a conviction and having the charges dropped.

March 22, 2012

I Lost my Florida Driver’s License, How can I get it Back?

by David M. Goldman

I often hear the question: “How do I get my driver’s license back in Florida?” Many Florida drivers have had their Florida driver’s licenses suspended due to excessive points. If you receive a Florida traffic ticket that is a moving violation, points will be assessed to your license pursuant to Florida Statute § 322.27(3)(d). If you get a certain amount of points within a specified time period, your Florida driver’s license will be suspended for a certain time limit as set forth in § 322.27(3)(a)-(c), Florida Statutes.

“(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.

March 21, 2012

Cristian Fernandez Trial Date Set

by David M. Goldman

13-year-old Cristian Fernandez’s Sexual Battery case has been set for trial on June 25, 2012. This sexual battery case has overtaken Fernandez’s murder trial of his younger half brother.

Circuit Court Judge Mallory Cooper set the trial date after the defense team refused to waive speedy trial. Therefore, the State is required to bring a Felony Defendant to trial within 175 days unless a waiver is granted. The goal of the Private Defense Team is unknown with this maneuver through the court system. However, as June 25th approaches, Jacksonville should see some interesting details emerge as the case proceeds forward.

As a Criminal Defense Lawyer I follow Criminal cases closely to cure my curiosity. This case, in particular, challenges myself in how such a young man, 13, could be charged with such heinous crimes. It also makes me believe there might be some underlying issue that would negate these offenses and all the Jacksonville Criminal Defendant to either plea to a lesser offense or lessen the sentence.

March 21, 2012

How Many Points will I get on My License for My Traffic Citation?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I am faced on a daily basis with clients calling regarding a recent Jacksonville Traffic Citation and the points that could be received on their license. The amount of points that are placed on a Florida Driver’s License for speeding tickets and other traffic citations can vary. The points will range anywhere from 3 to 6 points. The scale is set forth in Florida Statute Section 322.27(d) for Florida moving violations. This Florida Traffic Law is quoted below.

“(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton–4 points.

March 20, 2012

I Want my Record Sealed or Expunged, What Crimes would make me Ineligible?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I get numerous calls about Jacksonville, Florida Record Seal/Expunge. In most cases I can assist an individual in achieving this goal. However, Florida Statutes do define some offenses, regardless of adjudication that could potentially make a person ineligible for a Jacksonville Record Seal/Expunge.

Florida Statute § 943.059 governs Florida Record Sealing. It permits a Criminal Defendant in Florida to seal his or her record under certain circumstances. In particular, in order to have your Florida Criminal Record sealed, you cannot have ever been convicted of a crime. In the majority of Florida Record Sealing Cases, the applicant has been given a withhold of adjudication. With many crimes, if you have been given a withhold, you can petition to have your record sealed in Florida. However, there are certain crimes that you cannot have sealed, even if the conviction was withheld. The crimes are listed in Florida Statute § 907.041 and are as follows:

Arson;

March 19, 2012

Woman Arrested for DUI Following Bike Week

by David M. Goldman

Florida Highway Patrol (FHP) arrested 77 year old Barbara Dunn for DUI after crashing into a group of Bikers. According to the report, Dunn was driving North on Oceanshore Blvd. when she swerved into the Southbound lanes. Once heading in the wrong direction, she struck a group of bikers heading South. Unfortunately, one biker died as a result of the accident and two others were injured. Dunn is currently in Volusia County Jail for a DUI charge.

As a Jacksonville Criminal Defense Lawyer this story comes as no surprise. Last weekend was a big weekend all around Florida; especially in Daytona. In Daytona Bike Week was wrapping up and St. Patrick’s Day celebrations were occurring as well. It was a time of fun, sun, drinks, and more. But, some, like Dunn, over indulge and take to the wheel. Driving under the influence is a Criminal Offense and can hold some severe penalties. As a Jacksonville Criminal Defense Lawyer I can assist you in your defense and make sure your rights are being protected along the way.

Driving under the Influence happens, but sometimes the Officers get it wrong. Was the breathalyzer broken or malfunctioning? Was there another reason you did not perform well on field sobriety test? Did you refuse the test? What evidence does the State have against you? All these questions and more can be answered by a Jacksonville Criminal Defense Lawyer during your initial FREE consultation. As a Jacksonville Criminal Defense Lawyer I can make the determinations as to what defenses apply and make sure your rights are being protected. Therefore, if you or a loved one are facing a Florida DUI, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your Florida Criminal Case.

March 17, 2012

Happy St. Patrick’s Day Jacksonville!! Remember DUI is a Criminal Offense

by David M. Goldman

Jacksonville, its St. Patrick’s Day, a time of celebration and all things green! But remember that driving under the influence can lead to both civil and criminal liability. So, lets make this St. Patrick’s Day safe and enjoyable for everyone. Don’t Drink and Drive!!

As a Jacksonville Criminal Defense Lawyer, I can tell you that driving under the influence will open a person to both criminal and civil penalties. Furthermore, drunk driving is the most preventable Jacksonville criminal offense. That is why Budweiser and AAA have come together to get Jacksonville home safely this St. Patrick’s Day. Their program “Tow to Go” will send a tow truck to your location and take both the driver and his or her vehicle to their home; safely. The best part is that it is a completely FREE service!

The number to call is 1-800-AAA-HELP.

March 16, 2012

Mobile Home Destroyed by Arson

by David M. Goldman

Jacksonville has the appeal of a big city while still being able to hold on to that small town feel. Most residents enjoy the shops of downtown, the beaches, and the multitude of options for food and drink. However, like any city, Jacksonville is subject to crime from time to time. Recently, I read an article about a potential arson of a mobile home off of Phillips Highway. This is one a several alleged arson plaguing Jacksonville in the past months. But it leads to the question; what is Arson and the penalties attached thereto?

In Jacksonville Florida, Arson is defined by Florida Statute § 806.01 as “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, whether occupied or not, its contents;