Jacksonville Criminal Defense Lawyer Blog

February 17, 2012

Florida’s “Move Over” law and Increased Enforcement

Jacksonville is known for its large population and spread out city. The city of Jacksonville covers an area stemming from the downtown, over the intercoastal, and ends at the beaches. That is a lot of surface area and even more roads and motorways. Also, Jacksonville has a desire to always have road construction on all major motorways. These are all factors and more play into the large amount of car accidents and speeding tickets Jacksonville residents incur every year. Well, what some may not know is when a emergency vehicle is stopped on the side of the road, you are required to either change lanes or reduce speed to 20 mph below the posted speed limit.

This law is called the Florida “Move Over” law and has been enforced going on 10 years. Unfortunately, many drivers ignore this law and that has caused almost 200 officers to loose their lives when responding to an emergency situation. Furthermore, there were numerous other incidents resulting in injuries or property damage. Therefore, February, Law enforcement officers in Florida, Alabama, and Georgia will be cracking down on violators of the “Move Over” law. This law is not exclusive to Florida, but has been adopted in most states; excluding Hawaii and Washington D.C.

This month expect an increase in ticketing in Jacksonville and across the state. But, just because you receive a ticket does not automatically mean you are guilty. Maybe, you didn’t see the officer in time to slow down or changing lanes was not available. These are just considerations a Jacksonville Criminal Defense Lawyer will consider after you have received a ticket. These tickets could impose fines, points on your license, and/ or an increase in insurance. If you have received a ticket in Florida and want to discuss you matter with a Jacksonville Criminal Defense Lawyer, contact us today!

February 16, 2012

New Orleans Judge Seeks Private Attorneys to take Pro Bono Cases

by David M. Goldman

The ABA Journal reported today that a Louisiana criminal judge asked several high-profile attorneys for pro bono service, because 21 public defenders were laid off. The Journal reported:

“A New Orleans judge has sent letters to 33 high-profile lawyers asking them to handle criminal cases for free after the public defender’s office laid off 21 lawyers.

Judge Arthur Hunter said he would take action during a hearing last week, the New Orleans Times-Picayune reports. “This is not a constitutional crisis,” Hunter said. “This is a constitutional emergency.”

February 16, 2012

I have been classified as a Jacksonville HTO, now what?

by David M. Goldman

As a Jacksonville Criminal Defense Attorney, I have seen many cases 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. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. So, the State has labeled me as a HTO, What can I do about it?

Florida Statute § 322.264 directly addresses this issue. 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:

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

February 15, 2012

In Jacksonville Do I have a Duty to Retreat, before Defensive Force may be used?

by David M. Goldman

The city of Jacksonville and all of Duval, for that matter, have a large population contained within a relatively small area. This population density, amongst other factors, plays into the amount of crime that occurs across Jacksonville and Duval together. Through my previous posts on Defendant rights and defenses, I am confronted with the question, “Do I have a duty to retreat before using defensive force against my attacker?” As a Criminal Defense Lawyer, I see this situation arise frequently, one suspect will attack another and that person will shoot or kill the original attacker. But, what are the legal consequences of these actions?

First and foremost, I am not condoning the use of defensive force and any situation and should only be utilized in a situation where defensive force is unavoidable. With that being said, Under Florida Law, known as the Castle Doctrine, one does not have a duty to retreat to prevent injury or death or prevent a forcible felony. This form of Self-Defense is articulated under Florida Statute § 776.013, which reads:

A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

February 14, 2012

Jacksonville Criminal Defendants and Miranda Warnings

by David M. Goldman

Crime can happen anywhere in Jacksonville and can happen to anyone, but just because you have been arrested for an alleged Jacksonville Criminal Offense does not mean you don’t have rights. The right I want to bring to the attention of Jacksonville Residents today is one’s rights under Miranda v. Arizona, 384 U.S. 436 (1966). These rights are more commonly referred to as your “Miranda Warnings.”

Under your Miranda Warnings, upon arrest and taken into custody, the police must notify the criminal defendant of the following rights:

The right to remain silent

February 13, 2012

When is Justifiable Use of Deadly Force Permitted?

by David M. Goldman

In the Jacksonville news and else where there have been several shootings occurring around our state of Florida. These shootings have taken my mind to the question of “when is the justifiable use of deadly force permitted in Jacksonville?” So, as a Criminal Lawyer, I have decided to notate some of the finer points of the use of deadly force. As a precursor, the use of deadly force should only be used when the situation requires, it the situation can be resolved peacefully; explore that option first.

With that being said, Florida Statute § 776.013 articulates the “justifiable use of force.” The statute reads, “a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:”

The suspect was unlawfully and forcibly entering your home, business, or occupied vehicle OR the suspect was attempting to kidnap a person in said areas AND the one using force knew or had reason to know that said entry or kidnapping was occurring or had occurred.

February 10, 2012

Florida Teen Who Killed his Grandmother has been Charged

by David M. Goldman

19 year old, Jasper Smiddie, of Lake Wales, Florida has been charged with the heinous murder of his grandmother. According to Police reports, the grandmother, 67 year old Gloria Helfrinch, was stabbed 93 times, hit with a wrench, and shot with a crossbow. The suspect was arrested the following morning and has subsequently been charged with first-degree murder.

As a Jacksonville Criminal Defense Lawyer I hear about different Murder cases all the time, but this one has stood out from the rest. According to investigating authorities, the boy originally planned on killing his uncle, but instead decided to kill his grandmother to make his uncle “suffer.” However, this case proceeds further, after killing his grandmother in her room in the house they share; his uncle came over for dinner and a movie, completely unaware of what had occurred just a few feet away. It was not until the next morning when the boy left that he called his father and notified him of what he had done.

In Florida Murder is defined within Florida Statute § 782.04 as, the unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or any human being. In this case, the offense would constitute a first-degree felony and could be facing the death penalty or life in prison. However, there may be some mitigating circumstances that could potentially reduce his sentence, if convicted. Does this boy suffer from any mental deficiencies that would hinder his ability to reason? Were there any other mitigating factors that may negate liability? Was a confession given? If so, were proper procedures taken? These are just a few avenues a Jacksonville Defense Lawyer would consider.

February 9, 2012

Missouri Teenager is Sentenced to Life

by David M. Goldman

A Missouri, Alyssa Bustamante, 18, teenager confessed to killing a 9-year-old girl, because “she wanted to know how it felt to kill someone.” She pled guilty in January to second-degree murder and armed criminal action for the 2009 murder. Today, she was sentenced to life in prison with the possibility of parole and “a consecutive 30-year term in the armed criminal action charge.”

At the hearing, Prosecutors cited her journal entries where Bustamante described the exhilaration of killing Elizabeth:

“I strangled them and slit their throat and stabbed them now they’re dead Bustamante wrote in her diary, which was read in court by a handwriting expert. “I don’t know how to feel atm. It was ahmazing. As soon as you get over the ‘ohmygawd I can’t do this’ feeling, it’s pretty enjoyable. I’m kinda nervous and shaky though right now. Kay, I gotta go to church now…lol.”

(yahoo.news)

February 8, 2012

Armed Robbery Suspect Sought and Caught

by David M. Goldman

The Jacksonville Sheriff’s Office (JSO) released an alert for Monique Hibbert wanted for alleged Armed Robbery back on January 20, 2012. Well, JSO has located their suspect, booked her, and charged her with Armed Robbery on February 2, 2012. JSO located the suspect when she was pulled over along with four others after allegedly shoplifting from a local department store.

The alleged incident occurred on January 9, 2012 when a woman matching Monique’s description entered Amy’s Beauty Supply brandishing a knife and stole 8 packages of hair weave. She left the store and a warrant was issued for her arrest.

Armed Robbery, in this case, would constitute a first-degree felony. A first-degree felony is punishable by up to life imprisonment and/or $10,000 in fines. This is a harsh penalty for such a low reward; 8 packages of hair weave. Under Florida Statute § 812.13, Robbery is defined as the taking of money or other property with the intent to permanently or temporarily deprive the owner of their interest in the property. However, just because JSO arrests and charges a Jacksonville resident with a Jacksonville Criminal Offense, does not mean a conviction will follow. Witness identification is barely reliable and largely incorrect. Surveillance footage can be grainy and distorted. Furthermore, if the police do not have adequate evidence to prove their case “beyond a reasonable doubt” a conviction cannot stand.

February 7, 2012

5 Suspects Sought after Orlando Night Club Murder

by David M. Goldman

Florida Police are investigating the death of Chico Randolph at a local nightclub after a fight broke out following the Super Bowl. The incident occurred at Legacy Ultra Lounge in Orlando around 2 AM Monday morning. Florida Police are still investigating the incident and are actively seeking 4 dark-skinned men and 1 dark-skinned woman all of which may have heavy West Indian accents for their connection with the shooting of Randolph.

According to Florida Police reports, there were approximately 100 people inside the establishment when the first fight broke out at 1:30 AM. Police believe the cause of the altercation started after smoke was blown into another’s face. The fight was broken up and escalated again around 2 AM when the victim was shot. Tragically, he was not only shot twice, his body was also trampled over as people fled the establishment.

Since the suspects are still in the wind, no formal charges have been filed. However, from the information provided from this article, there potentially could be a good case for Homicide or Murder. In Florida, Murder is defined under F.S.A. § 782.04 as the unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.