Jacksonville Criminal Defense Lawyer Blog

March 1, 2012

Do I need a Lawyer at a First Appearance?

Sometimes an arrest can occur in the most inopportune times. When this occurs you might not know what to do or what to say. That is why the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. In Jacksonville Florida’s first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants are not represented by a Jacksonville criminal 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 Criminal Defense Lawyer, I have spent a lot of time in Duval County first appearance court for bond hearings. I have seen many Jacksonville Criminal Defendants stand before a judge without representation. While there is a Public Defender present in the room, this is only one Criminal Lawyer to represent one hundred or so Criminal Defendants in one day. It is not possible for a Jacksonville Criminal Attorney to adequately represent that many people at one time.

Criminal Defendants that hire a Lawyer for a bond hearing have the benefit of one lawyer for one client. Also, an experienced Criminal Defense will give the judge favorable and valuable information about the Jacksonville Criminal Defendant to the judge at the bond hearing. The reason a Jacksonville Criminal Attorney presents this information is to achieve a lower bond for the Jacksonville Criminal Defendant.

February 29, 2012

Residents of Gentle Woods Neighborhood had their Vehicles Burglarized

by David M. Goldman

Jacksonville Residents and people expect a certain amount of security in their home and neighborhoods, that’s why they chose to live in their current location. But, when Jacksonville Criminals strike, it puts one’s sense of safety into question. That is exactly what is occurring in our local Gentle Woods neighborhood. If these suspects are caught they could be facing multiple charges of Jacksonville Burglary.

In Jacksonville Florida, the crime of Burglary is defined under Florida Statute § 810.02. Under that Statute, Burglary is defined as, “entering a dwelling, structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the Defendant is licensed or invited to enter.” Furthermore, under this Statute, a vehicle is included within the meaning of conveyance.

In this case, the police have blurry photos and a general description of the vehicle the alleged suspects fled in. In addition according to a local news cast, the police have already pulled over a vehicle that matched the description and was not the alleged suspects. This is a prime example how police can make mistakes, and those mistakes can lead to innocent people being wrongly accused.

February 28, 2012

Cruise Line Passengers Robbed During Excursion in Mexico

by David M. Goldman

As Jacksonville residents and Floridians elsewhere attempt to put our mild winter behind us and look forward to spring; many take to the seas for a quick and easy means of travel away from home. When we choose a cruise, its not just for the ports of call or the onboard activities it is for the excursions that are available once passengers arrive at their destinations. These excursions chosen for their cultural insight, adventure, and a taste of the local lifestyle, not being robbed at gunpoint during a planned excursion with a cruise line.

Unfortunately, that event recently occurred for passengers of Carnival Splendor heading to Mexico. The Cruise ship left Long Beach, California on February 19th headed to Mexico and returned on February 26th. Upon arrival in Mexico, some passengers, 22 to be exact, chose to take an excursion that would take them on a nature hike in the Mexican countryside. However, while returning to the cruise ship, armed bandits boarded their bus and they took all their belongings including, money, jewelry, and cameras. Luckily, no one was injured during this altercation.

This altercation with “armed bandits” in Mexico can be looked from two perspectives; one as a Jacksonville Criminal Defense Lawyer and another as a Jacksonville Personal Injury Lawyer. In the criminal perspective, assuming the US could get jurisdiction these bandits would be facing multiple Jacksonville Armed Robbery charges. Each count of Armed Robbery would constitute a first-degree felony and could potentially sentence the person to life imprisonment. In a Jacksonville Personal Injury perspective, the victims could potentially hold the cruise line liable for their losses. However, the cruise line’s liability is dependent upon all contracts and liability waivers the passengers signed before embarking on their journey.

February 27, 2012

Man Charged with Arson After Setting a Car and Motorcycle on Fire

by David M. Goldman

Last week a St. Augustine resident was arrested and charged with 2 counts of Arson following an incident Thursday morning. According to the reports, the suspect, James Greaves, set his car and his roommate’s motorcycle on fire. One aspect of this incident that was suspicious is the fact that the roommate is not going to press charges against his roommate after burning his motorcycle. As a Jacksonville Criminal Defense Lawyer that fact alone brings questionable motives into this event. But, only time will reveal the true motives of the suspect and his reasoning behind his activities.

This incident brings to mind the number of Arson investigations and arrest that occur in Jacksonville every year. Just since the new year, 2012, there have been numerous Arson investigations and with this unexplained fires, sometimes, tragedy can strike. These unexplained fires, if determined intentional, can hold someone liable for Arson, which could constitute either a first degree felony or a second degree felony depending upon the circumstances.

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,

February 24, 2012

I was Caught Boating Under the Influence (BUI), What can I do?

by David M. Goldman

In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville’s boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, “I was caught boating under the influence (BUI), what can I do?”

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person’s normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver’s license suspension. However, it will suspend your boating privileges.

February 23, 2012

Underage Drinking and Those Who Serve Them

by David M. Goldman

Jacksonville is filled with Community Colleges and the University of North Florida. Not to mention the very active nightlife Jacksonville downtown and the beach area can provide. With this active nightlife comes numerous bars and drinking establishments were a person could go to find a goodtime. Unfortunately, those goodtimes are not always engaged in by patrons who are of legal age to drink. Children today are leaving the home at 18 years old and believing their bulletproof head to the local bar for a drink or two. However, these underage drinkers can end up it a whole lot of trouble when the police discover their illegal activities. Furthermore, their criminal activities and penalties do not just end with the child, but those who served alcohol to the child could be held liable as well. In Jacksonville, Florida Statutes § 562.111 and § 562.11 regulate the underage drinking and those who serve them.

Under Florida Statute § 562.111, which regulates the possession of alcoholic beverages by persons under 21 states, “it is unlawful for any person under the age of 21 years old…to have in his/her possession alcoholic beverages.” If the person were to be found guilty of the charges would face a misdemeanor of the second degree. A misdemeanor of the second degree holds a penalty of up to 60 days in jail and/or fines not to exceed $500.00. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

Also, Florida Statute § 562.11, regulates the selling, giving, or serving alcoholic beverages to persons under 21. The statute reads, “it is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 OR to permit a person under 21 to consume such beverages on the licensed premises. If convicted the person would face a misdemeanor of the second degree; which hold a penalty of up to 60 days in jail and/or $500.00 in fines. In addition to criminal penalties, the DMV will be notified and the person, if under 18 years old, could face his/her license revoked or suspended for at least 6 months and not to exceed 1 year.

February 22, 2012

I Just Received a Speeding Ticket, What do I do Now?

by David M. Goldman

In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff’s Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our motorways, more Traffic Tickets are to follow. But, what happens after I get a Jacksonville Speeding Ticket?

In most Traffic Tickets you are given three (3) options. First, you may elect to just pay the ticket. Second, you may elect to complete a traffic school in order to reduce the penalty and potentially your insurance. Finally, you have the option of setting a court date and appearing before the Duval County Traffic Court, thereby arguing your case before a judge. However, some Jacksonville Traffic Tickets do not allow these options and you must set a court date to appear before a judge. These types of tickets are Criminal Traffic Tickets, the most common being driving with knowledge of revoked or suspended license.

The next aspect to consider is the points that will be added to your license at the conviction of each Traffic Citation. According to the Florida Department of Highway Safety and Motor Vehicles the amount of point that will be placed on your license will be determined by the speed you were traveling over the speed limit. Furthermore, if you are ticketed for traveling 15 MPH or more over the speed limit you will most likely face 4 points on your license. If your ticket is less than 15 MPH over the speed limit you are likely to face 3 points on your license. The points placed on your license will depend upon what was noted on the ticket, not your actual speed. So, if the Officer reduces the amount to only 13 over as a “favor” you are still going to have 3 points placed on your license.

February 21, 2012

Can I have my Jacksonville Criminal Record Sealed or Expunged?

by David M. Goldman

Are you a Duval resident and have had trouble securing a job because of your not so clean Jacksonville Criminal History? Well, if so you might have an avenue to rectify the situation and gain that valuable employment to succeed in life. The avenue is having your Jacksonville Criminal History either sealed or expunged. However, petitioning the court for this is not definite and therefore, within the court’s discretion whether or not to seal or expunge your Jacksonville Criminal History. With that being said, in order to deny your petition the State Attorney must show good cause as to their objection.

The Procedure for petitioning the court to either expunge or seal your Jacksonville Criminal History is detailed in Florida Statutes § 943.0585 and § 943.059.

In order to potentially have your record expunged, you must not have been convicted guilty of any criminal offense, had charges dropped, or have had your record sealed for 10 years. Florida Statute § 943.0585 states in order to petition the court, the petitioner must provide the court with:

February 20, 2012

Fallen Detective’s Partner to Attend Funeral

by David M. Goldman

src=”https://www.jacksonvillecriminaldefenselawyerblog.com/files/2015/02/White-Rose.jpg” width=”250″ height=”187″ class=”mt-image-left” style=”float: left; margin: 0 20px 20px 0;” />Clay County Detective, David White, funeral is schedule for Monday morning at First Baptist Church of Middleburg at 10 a.m. What surprised some is the amount of people who came to pay their respects to the family and the fallen detective on Sunday at the viewing. Thousands of people waited hours to offer their condolences to the White family. Furthermore, the fallen detective’s partner, Matt Hanlin, is supposed to be released from the hospital in time to attend his partner’s funeral.

Detective White lost his life when his partner and himself attempted to raid a suspected meth lab in Middleburg. According to the reports, the two detectives went to the front door of the home for a “knock and talk.” While talking to the suspect, he slammed the door and proceeded to fire shots through the door at the detectives. One shot took the life of Detective White and another shot wounded his partner, Detective Hanlin. As other officers arrived on the scene, the suspect was shot and killed while attempting to flee.

This was a tragic altercation that will not be forgotten. As a Jacksonville Criminal Defense Lawyer my thoughts and condolences goes out to the family of these Detectives. Detective White was a good and honest man and will be missed by his friends, family, and his brothers in arms, Clay County Sheriff’s Office.

February 17, 2012

Hollywood Architect Charged with Manslaughter of California Firefighter

by David M. Goldman

The ABA Journal reported the following criminal case:

“An $11 million mansion in Hollywood Hills was a deathtrap, officials are contending in an unusual criminal case brought against its architect after the death of a Los Angeles firefighter.

Despite the home’s hefty pricetag, the fireplaces in place at the time of the blaze did not meet building standards and presented an “extreme immediate and imminent hazard,” according to an affidavit attached to an article in the L.A. Now blog of the Los Angeles Times.