https://www.jacksonvillecriminaldefenselawyerblog.com/files/2015/02/St.-Paddys-Day.jpgFlorida Highway Patrol (FHP) has been stepping up their DUI enforcement in Jacksonville, Clay, St. Johns, Nassau, and else where this week leading up to St. Paddy’s Day on Saturday. The FHP and other law enforcement agencies are joining the national campaign of “Drive Sober or Get Pulled Over” that has been geared to reducing the amount of accidents and injuries from reckless, speeding, or negligent drivers.

This National Campaign stems from Florida accident reports of 2010. During that year, there were approximately 18,000 alcohol-related accidents in Florida alone. As a result of those accidents almost 800 people lost their lives and another 12,000 suffered injuries.

Jacksonville residents and residents in the surrounding areas, as you head out this weekend, remember not to drink and drive. It could be the difference between a hangover and a Jacksonville Felony Charge. Therefore, if you find yourself facing a Jacksonville DUI or other Criminal Offence, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the proper approach in moving forward.

A Jacksonville Criminal Defense Lawyer, Christopher D. Walsh, was recently quoted in a news article in the Tampa Bay Times regarding the Florida Evidentiary Standard. More specifically, regarding the Williams rule as it pertains to prior bad acts.

The Article can be read at “Will Pasco jurors hear about murder in defendant’s past?” written by Lisa Buie, a Times Staff Writer.

The general rule of Florida Evidence is evidence relating to the Defendant’s prior bad acts (i.e. crimes or wrongful conduct) is not admissible. However, under the Williams rule such evidence is admissible if relevant to prove a material fact in issue. A material fact can be described as a motive, opportunity, intent, preparation, identity, or the absence of a mistake or accident. Additionally, a prosecutor cannot bring in evidence relating to a Defendant’s bad character, unless the Defendant first “opens the door.” Basically, a prosecutor cannot present evidence of the Defendants bad character before the Defendant takes the stand and testifies to his “good” character.

CuffsHave you been arrested in Jacksonville, St. Johns, Clay, or Nassau County? Were you scheduled to appear before a judge but failed to appear for one reason or another? If so, you could be facing a Jacksonville Capias. This will only compound an already serious Florida Criminal Offense case. That is why the advise, counsel, and representation of a Jacksonville Criminal Defense Lawyer may prove to be invaluable in your Florida Criminal Offense case.

In Jacksonville, if a Jacksonville Criminal Defendant misses a court date, the judge will issue a capias. A capias is also known as a bench warrant, because the Jacksonville Criminal Defendant failed to appear in court. Usually, the Jacksonville Criminal Defendant is arrested pursuant to the Jacksonville warrant and must go before the judge to explain the circumstances surrounding your failure to appear. Depending upon the circumstances the Jacksonville Criminal Defendant’s failure to appear in court, he or she may be able to get the warrant recalled. If the warrant is recalled, then the Jacksonville Criminal Defendant will not be arrested, and he or she can proceed with the case as if the judge never issued the capias.

However, If you have missed a court date, you should talk to a Jacksonville Criminal Defense Lawyer. Do not flee, because that could only make things worse. In some cases, you may be charged as a fugitive and extradited. In contrast, if you do nothing, you may be arrested when you least expect it, as a police officer will take you into custody if he or she discovers the Jacksonville Arrest Warrant. In some Jacksonville Florida criminal cases, you may be able to work a case out, including the outstanding capias, all at one time avoiding any type of arrest.

Eraser1Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Criminal Defense Lawyer may be able to help! As a Jacksonville Criminal Defense Lawyer I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

  1. Never been adjudicated guilty;

KeysAs an Orange Park Habitual Traffic Offender (HTO) Defense Lawyer, I have many calls regarding HTO. Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their 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. Fortunately, there is something an Orange Park driver can do about this. They can contact an Orange Park HTO Defense Lawyer to represent them. As I work my way through these cases, the same questions appear time after time; what is HTO and What can I do? Well taken in turn, I will briefly explain both in hopes of granting you a better understanding of your current position.

An Orange Park Habitual Traffic Offender 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:

(1) 3 or more convictions of any one or more of the following arising out of separate acts:

Record-Seal1As a Jacksonville Criminal Defense Lawyer I receive numerous calls about the desire to have one’s Criminal Record Sealed. Everyone has made mistakes in their past and those mistakes should not haunt a person for the rest of their lives. However, there are limitations as to who may receive a record seal, certain requirements must be met, and most importantly – have not been CONVICTED GUILTY for any criminal offense.

The procedure and requirements for having your Jacksonville Criminal Record Sealed are outlined in Florida Statute § 943.059. Under that Statute, the State requires the person wanting their record Sealed to provide a valid certificate of eligibility and a sworn statement attesting to the statutory requirements. Those requirements are:

  1. Never adjudicated guilty;

St. Augustine During these tough economic times sometimes emotions can flare and these outbursts of emotion can cause some St. Augustine residents to take action that normally would not occur. With that being said, not all actions and pending St. Augustine Criminal Charges are finite and undisputable. Police could have gotten the facts incorrect, the suspected victims could exaggerate the situation, or there could just be a misunderstanding amongst the parties.

This brings to mind a recent article that could potentially support my theory. Earlier this week a St. Augustine man was arrested for two counts of aggravated assault after allegedly attempting to run down his neighbor and his one year old kid. Police state the suspect tried to reverse over the alleged victims as he drove his truck in the alley between his place of business and the alleged victim’s residence. Police also a possible ongoing dispute between these two parties.

As a Criminal Defense Lawyer, I read this article and it made me think about the serious implications from this alleged incident and the potential for misunderstanding between the parties. Could the driver not have seen the two walking in the alley? The police mentioned he drove a Dodge Pickup; they can be quite large. Could the alleged victims just be blowing an ongoing dispute out of proportion? What evidence is available to prove intent on behalf of the suspect? All these questions and more are considered when taking on a St. Augustine Criminal Case.

St. Augustine HTO Defense LawyerAs a St. Augustine HTO Defense Lawyer, I have many calls regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their 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. Fortunately, there is something a St. Augustine driver can do about this. They can contact a St. Augustine HTO Defense Lawyer to represent them. As I work my way through these cases, the same questions appear time after time; what is HTO and What can I do? Well taken in turn, I will briefly explain both in hopes of granting you a better understanding of your current position.

A St. Augustine Habitual Traffic Offender 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:

  1. 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

EraserSometimes children misbehave and act out, unfortunately, sometimes these actions lead to serious Jacksonville Criminal Offenses and Penalties. However, in some cases, in Jacksonville, you can expunge a Florida juvenile record. Pursuant to Florida Statute § 943.0582, a juvenile criminal defendant can apply to have his or her record sealed if he or she has successfully completed a prearrest or postarrest diversion program.

In Jacksonville, this program is known as pretrial intervention or diversion. There are certain requirements that must be met, including the following:

  1. The minor must submit an application signed by the minor’s parent or legal guardian no later than six (6) months after completing the diversion program.
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