Jacksonville Criminal Defense Lawyer Blog

January 16, 2012

Jacksonville Child Shot in Gun Accident

A Report just released stated a 3-year-old Jacksonville boy was shot in the shoulder when a gun he was handling went off. According to the Police report the bullet struck the floor then ricocheted off, striking the young child in the shoulder. The boy was taken to a local Jacksonville Hospital for treatment.

This is a breaking news story and the details are not fully disclosed at this time. But, as a Jacksonville Criminal Defense Lawyer, I do have several points that should be taken under consideration. First, why was a child handling a weapon? Better yet, why was a child handling a LOADED weapon? Second, where were the parents during this incident? Did they approve of his handling or were they neglecting the child and left him to his own devices? All these questions and more will have to be determined for the police to proceed into their investigation.

This type of accident is both tragic and heartbreaking. The 3-year-old will have lasting scars and the horrific memory of being shot; a pain that no one should ever feel. Additionally, depending upon the circumstances, the parents could be facing criminal charges as well. This case is still in the initial stages and only as the facts present themselves, will we be able to predict how this investigation will end.

January 15, 2012

Italian Cruise Ship Sinks Resulting in Captain’s Arrest

by David M. Goldman

The captain of an Italian cruise ship was arrested and will be facing several charges. Francesco Schettino and hist first mate, Circo Ambrosia face potential charges of manslaughter and abandoning ship.

According to the New York Post:

“Prosecutors said the ship had been gliding extraordinarily close to the island of Giglio, off Tuscany, when it slammed into the rocky spur in ‘an awkward way.’ Some passengers charged that at the time of the crash, 9:45 p.m. local time, the captain was hanging out with elegantly dressed vacationers in the main dining room and that his crew hogged the lifeboats to save themselves… By the time the captain got around to ordering an evacuation, about 100 terrified passengers had taken matters into their own hands and were already bobbing up and down in the freezing Mediterranean Sea.”

January 13, 2012

Van der Sloot Sentenced to 28 Years in Prison

by David M. Goldman

This week has been a big week for the family of Natalee Holloway. “Six years after teenager Natalee Holloway went missing in Aruba, an Alabama judge has declared her dead. The move, announced in court today, follows a September request by Holloway’s father; he wants to stop paying for her health insurance and give her college fund money to her brother…” (Newser.com)

Additionally, On January 10, 2011, Jordan van der Sloot, the only suspect in the disappearance of Holloway pled guilty to the murder of Stephany Flores in Lima, Peru. “He reportedly claimed in a confession shortly after the slaying that he’d killed Flores because she found information linking him to Holloway on his computer.” (Yahoo.com)

His attorneys hoped that he would receive five years in a Peruvian prison for manslaughter. The prosecutor sought 30 years. Today, he was sentenced to 28 years from for first degree murder for this strangling death.

January 13, 2012

Florida Elderly Man Shoots and Kills Suspected Burglar

by David M. Goldman

Yesterday an 82-year-old Daytona man shot and killed a potential burglar as he attempted to break into the backdoor. The incident occurred around 6 AM Thursday morning at his home located on Woodland Avenue in Daytona Beach, Florida. According to the Police report, the elderly man awoke to the sounds of a burglar breaking into the backdoor of his home. The homeowner retrieved his .45 caliber pistol and shot one round through the door, striking the burglar in the abdomen. The suspect later died at the scene and there are no charges pending against the homeowner. However, what is burglary and when is Self-Defense Justified?

Florida defines Burglary as “entering a dwelling, a 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.” Florida Statute § 810.02. Basically, if a person enters the home, car, business, etc. of another with the intent to commit an offense (i.e. steal) then they could be found guilty of Burglary; a felony. If convicted a Jacksonville Criminal Defendant could face between 5-15 years in prison!

Furthermore, Florida law permits the use of deadly force to protect one’s home against invasion and imminent threat of serious bodily injury or death or the commission of a forcible felony. This theory is known as the “castle doctrine.” Here, the suspect was attempting to enter the victim’s home and intended to commit a forcible felony (i.e Burglary). Therefore, the homeowner could be justified in using deadly force against the suspect.

January 12, 2012

Employment Screening for Crimes for Daycares and Other Facilities

by David M. Goldman

The recent case of Tiny Blessings, a local daycare, being forced to shut down has resulted in questions about employment screening for daycares.

Under Section 435.06, there are certain criminal offenses that will stop a person’s ability to work in certain fields. The crimes that will exclude a person from employment are listed in Section 435.04. These crimes can range from misdemeanor to felony charges, so it is important to review the list prior to making a decision as to whether to enter a plea of guilty or no contest to a criminal charge. If a Defendant enters a plea of guilty or no contest to a crime listed in Section 435.04(2), he or she will not be eligible for employment. Even if a person has been arrested, but the case has not been disposed of yet, he or she will still be excluded from employment.

This law would not apply if the record has been sealed. However, there are certain crimes that cannot be sealed, so it is important to be fully advised by a lawyer before entering a plea of guilty or no contest to any crime. There are exemptions that would permit a person to continue his or her employment. This section applies to felony crimes and misdemeanor crimes.

January 12, 2012

Daycare Owner Loses License Because of Disqualifying Crime

by David M. Goldman

Last week, the Department of Children and Family Services (DCF) shut down Tiny Blessings. DCF closed the daycare, because the owner, Lawanda Jackson, had a Domestic Battery charge on her record. Jackson, through her attorney, claims that “she was given bad advice from her previous lawyer, leading her to think the plea would not affect her license, but it turns out it did.” (News4jax.com)

The problem began on October 6, 2010, when Jackson was arrested for domestic battery. The next day, a private lawyer represented her in first appearance court. Through her lawyer, Jackson entered a plea of no contest in first appearance court. The Judge withheld her conviction and sentenced her to probation. She was placed on probation for 12 months to complete the following special conditions: (1) pay a fine and court costs; (2) complete the SAFE families program, and (3) have no contact with the victim of the Jacksonville Domestic Battery. Her probation was subject to early termination. This meant that if she completed the special conditions of her domestic battery probation, she could be released from supervision early. She did finish her probation early, and her probation was terminated on April 25, 2011. Because the SAFE families program takes approximately six months to complete, it appears that she completed her probation as fast as she could.

Over one year later, her license to operate her daycare facility was revoked and her daycare was forced to close. Florida Law governs a person’s ability to operate or be employed by certain types of facilities, such as a childcare facility and Domestic Battery is a listed offense.

January 12, 2012

Florida Resident Charged with 3 Felonies after Hitting his Mother with a Car

by David M. Goldman

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony’s mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 11, 2012

Van der Sloot Pleas Guilty to Murder in Lima, Peru

by David M. Goldman

The name Jordan van der Sloot became popular in the United States after the disappearance of Natalee Holloway, an American teenager. Although an extensive investigation was conducted and volunteers throughly searched the area, authorities were never able to find enough evidence to pursue criminal charges again Van der Sloot for the murder of Holloway. This case attracted attention from the legal community and the media alike. Many criminal attorneys discussed this homicide case and believed that Van der Sloot got away with murder and that justice was not being served.

Five years later, Van der Sloot murdered a woman that he met in a casino in Lima, Peru. Yesterday, he entered a plea of guilty to the murder charge. He confessed to the crime and told the court, “I want to plead guilty. I wanted from the first moment to confess sincerely… I truly am sorry for this act. I feel very bad.” (yahoo.com) He confessed to killing Stephany Flores in May of 2010; “he told police he killed Flores in a fit of rage after she discovered on his laptop his connection to the disappearance of Holloway.”

His lawyer argued that he killed Flores “as a result of ‘extreme psychological trauma’ he suffered from the fallout of the 2005 disappearance on the Caribbean island of Aruba of Natalee Holloway.” She “claims the killing was manslaughter, for which the minimum sentence is 5 years. Police forensic experts disputed that claim and the attorney for the victim’s family contends Van der Sloot killed Flores, a business student from a prominent family, in order to rob her. Prosecutors are seeking a 30-year prison sentence on first-degree murder and theft charges.”

January 11, 2012

Recent Attempted Manslaughter Case lends the Question, What is Using a Firearm while under the Influence of a Controlled Substance?

by David M. Goldman

This question stems from the recent Jacksonville Criminal Law case where Tyler Woody Willis, 18, has been arrested and charged with the attempted manslaughter, using a firearm under the influence of drugs, and use or possession with intent to use drug paraphernalia. These charges come from an incident between Willis and his friend, the victim, William Brandon Hodge, 17. However, my question is “what is using a firearm while under the influence of a controlled substance?”

Using a firearm while under the influence of a controlled substance is defined by Florida Statute § 790.151. The Statute states the offense is a second-degree misdemeanor punishable by up to 60 days in jail and a fine not to exceed $500. Furthermore, this offense is defined as “discharging a firearm or to have a firearm readily accessible for immediate discharge, [the gun being] loaded and in a person’s hand, and for [such] person [to be] under the influence or alcoholic beverages or any controlled substance.”

But what does all this mean for a Jacksonville Criminal Defendant? First, if you are drinking, using drugs, or under the influence of a controlled substance and a firearm is near; you could be charged with this offense. Second, although just a second-degree misdemeanor, the penalties are still severe, but the crime is not absolute, there are possible defenses and mitigating circumstances. Was the act in self-defense or protection of one’s property? Did the Defendant have the gun in his possession? These and more are all aspects that a Jacksonville Criminal Defense Lawyer will take into consideration while reviewing your case and making the best determination in protecting your rights.

January 10, 2012

Florida Resident Arrest after Allegedly throwing Feces at Girlfriend

by David M. Goldman

Last week a South Florida 24-year old was arrested following a Domestic Violence altercation when he allegedly threw feces at his girlfriend. The boyfriend is also charged with beating his girlfriend with a bed board and his fists. At the scene the girlfriend refused medical attention although she had an abrasion on her chest. The boyfriend also suffered an abrasion to his left arm. Currently he is being held on a $26,000 bond for battery, aggravated battery, and criminal mischief.

In previous blogs I have written about battery (F.S.A. § 784.03) and aggravated battery (F.S.A § 784.045). Simple battery is a first-degree misdemeanor, whereas, aggravated battery is a third-degree felony punishable by up to 15 years in prison. These are serious charges pending against this young man.

This case is just in the initial stages and there is still a lot that has to be determined before he can be convicted of the charges against him. For instance, the police only arrested the man, but he also suffered injuries. Could those be self-defense injuries? Did the woman actually start the altercation and he was just protecting himself? These and more will be fleshed out as the case progresses.