Jacksonville Criminal Defense Lawyer Blog

January 9, 2012

Another incident of a Florida Hit and Run!

Last week St. Johns County Sheriff’s Office responded to a hit and run accident that resulted in one man being sent to Flagler Hospital for life-threatening injuries. The accident occurred early Friday morning on Old Moultrie Road. According to the Sheriff’s Office the victim was traveling southbound on his scooter when an unidentified Ford vehicle stuck the victim from behind and then proceeded to flee the scene. Police are currently looking for a Ford vehicle with front-end damage and encourage people to call in if they have any information regarding this Florida Hit and Run.

In Florida, leaving the scene of an accident that results in injury or death is a third degree felony. If convicted, a person could face up to 5 years in prison and/or up to $5,000.00 fine. This is a serious criminal offence and the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Florida Statute § 316.027 defines the law and reads, “the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash…and must remain at the scene of the crash and to answer questions and render aid as set forth in F.S.A. § 316.062.”

But, what does all this mean for a Jacksonville motorist? It means if you have caused an accident, injuries or not, you are required to remain at the scene or face additional criminal charges and penalties. Additionally, according to a Jacksonville Personal Injury Lawyer if you are at fault in a car accident you could be facing a personal injury claim to compensate the victim for their losses they have suffered as a result of your negligence.

January 6, 2012

I have a DUI, What do I do?

by David M. Goldman

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year’s Eve Celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an “implied Consent Law.” Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

January 5, 2012

Man Arrested for Stealing Police Car

by David M. Goldman

It seems like a scene from Varsity Blues, but sometimes real life is crazier than fiction. William Blakenship stole a police car in Indiana two days ago and police are still searching for him. The local sheriff’s department found the car and the weapons that were stolen with it, but they are still trying to locate the suspect. They have no clue as to his location at this time.

The Chicago Tribune reports that:

“[Blakenship] stole a Kouts Police Department squad car after a traffic arrest on Tuesday, police allege. Blankenship had been pulled over for speeding, and police reported seeing drug paraphernalia in his car. The suspect was handcuffed and put in the back of the squad car while an officer checked his vehicle. Blankenship then took off with the squad car, which was found in a retention pond Wednesday, police say.”

January 5, 2012

Robbery vs. Burglary, What’s what?

by David M. Goldman

As all Jacksonville residents know, the economy has been down in this nation for over a year. Jobs have been lost, homes have gone under, and crime is at an all time high. It is a statistical fact that during a time of economic recession incidents of criminal activity and alcohol abuse are at an all time high. Sometimes, these rough times lead people to make poor decision and to act in ways, if time were good, they would not normally act. Two crimes of particular intrigue are Burglary and Robbery. These two criminal activities are commonly misunderstood and used interchangeably. However, they are two distinct crimes with very different penalties.

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.

In contrast Florida defines Robbery as “the taking or money or other property which may be the subject of larceny from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.” Florida Statute § 812.13. Basically, Robbery requires the forceful taking of property or money from the body of the person (i.e. pick-pocket).

January 4, 2012

What is a Habitual Traffic Offender?

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 have a negative impact on an individual’s job, social life, travel, and acquiring basic necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. But, what actually is a Jacksonville Habitual Traffic Offender and how can I prevent becoming a Jacksonville Habitual Traffic Offender?

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:

January 3, 2012

What Happens to the Person who put up the Bond for someone that does not return to Court?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer many Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 “Forfeiture of the bond…” According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.

January 2, 2012

Two Men Arrested for Aggravated Battery and Resisting on Officer without Violence in St. Augustine, Florida

by David M. Goldman

Two men were arrested in St. Augustine, Florida in connection with Aggravated Battery and Resisting an Officer without Violence charges. According to Jacksonville News (Firstcoastnews.com), Robert Tony Hicks went to a transient camp near State Road 207 in St. Johns County, near St. Augustine, Florida. He was confronting an unidentified man over a woman that stayed at the camp. Hicks was accompanied by another man, Peter Joseph Grattan. A fight ensued between the men. That is when Hicks stabbed the unidentified St. Johns County man. The man had non-life-threatening injuries, but he was still taken to a local Florida Hospital for treatment.

St. Johns County police officers tracked Hicks and Grattan to a home in St. Augustine, Florida. During the arrest,

“Hicks reportedly struck a K-9 officer in the head as he was being taken into custody, but was subsequently secured with no further incident… Hicks is charged with aggravated battery, resisting an officer without violence and striking a police service animal. His bond is $53,000. Grattan is charged with principal to aggravated battery and resisting an officer without violence. He is being held on $26,500 bond.”

January 2, 2012

Domestic Violence Arrest led to Criminal Charges, but Civil and Divorce actions are not Uncommon

by David M. Goldman

Recently, a Florida resident was arrested after brutally beating his girlfriend with a baseball bat. The man, 39 year old James Brannigan Jr. was arrested for aggravated battery with a weapon, violating pre-trial release, and violating a no-contact restraining order. The victim, his girlfriend suffered a possible broken nose, fractured hand, and numerous bruises on her legs.

Aggravated Battery is defined under Florida Statute § 784.045. It is defined as battery in which causes the victim great bodily harm, permanent disfigurement, or permanently disables the victim. Aggravated Battery is considered a second-degree felony and can carry a punishment of the following: term of imprisonment not exceeding 15 years and/or a fine not exceeding $10,000.

Additionally, Domestic Violence is a growing problem in Jacksonville and elsewhere. Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House. In an abusive relationship, also be sure to seek the help of a Florida Divorce Lawyer who can help assert your rights as a battered spouse.

December 30, 2011

Can Intent to Drive negate a Charge of DUI?

by David M. Goldman

Simply put, no. Intent is not an element of the offense of DUI and lack of intent is not a recognized defense to DUI. A recent Writ of Certiorari went before the 1st District Court to determine whether it was proper for the trial court to grant the State’s motion to preclude the petitioner from giving testimony and evidence regarding his lack of intent to drive as a defense and to negate his charges of Driving Under the Influence (DUI). This Court ruled the trial courts decision to grant the State’s motion was proper and therefore denies the petitioners Writ of Certiorari.

This petition stems from the criminal DUI trial of Eugene McCosky. At the beginning of the trial the State filed an Omnibus Motion in Limine (basically a motion to limit testimony and evidence pertaining to a certain issue). The State wanted to prevent the defendant from arguing the State was required to prove intent to drive in order to convict him of DUI.

The defendant wanted to argue that on the night in question he had no intention of driving the vehicle, but was just waiting inside with the radio on until a friend came and picked him up. The court granted the State’s motion on the grounds that under Fla. Stat. 316.193, a person is guilty of DUI of the person is driving or in actual physical control of the vehicle… The State argued and the court agreed intent is not an element of the crime charged and although defendants are allowed to argue defenses, intent in this regards is not a valid defense theory under Florida law. Therefore, the defendant’s testimony and evidence would only confuse, mislead, and prejudice the jury.

December 29, 2011

Northside Shooting Leads to Two Arrests

by David M. Goldman

As a Jacksonville Criminal Defense Attorney, when I hear about a shooting at a Northside Jacksonville Wal-Mart, I automatically assume that a Jacksonville armed robbery occurred and someone is facing the Florida 10-20-Life Statute if arrested, tried, and convicted of this Jacksonville crime. To my surprise, on Monday, something else occurred that involved a Jacksonville Wal-Mart shooting.

The local media reports on News4jax.com have reported that a domestic fight escalated to gunfire outside a Walmart on the Northside of Jacksonville on Monday. “Police have arrested both parties in the dispute. Jacksonville police were called to a shooting in the parking lot of the Lem Turner Road store about 5:45 a.m. Police said Walmart employee Troy Curr-Pennamon, 26, was walking a woman employee outside the store when her boyfriend, Jaquan Holloway, 20, approached and struck Curr-Pennamon. According to the police account of events, Curr-Pennamon went to his car and got out a handgun and shot Holloway one time. He was transported to Shands Jacksonville Medical Center with serious but non-life-threatening injuries. Curr-Pennamon is charged with aggravated battery and possession of a concealed firearm. Halloway was charged with simple battery.”

Since Holloway was charged with Simple Battery in Jacksonville, Florida, he will only be facing a first-degeree misdemeanor. This is punishable by up to one year in Duval County Jail. As a Jacksonville Battery Lawyer, I doubt that the Duval County State Attorney Office will pursue jail time for Holloway, considering that he received a harsher punishment, a gunshot wound. On the other hand, Pennamon will be facing a Florida minimum mandatory sentence of 20 years in a Florida State Prison. This case will require further investigation. I would not be surprised to learn Pennamon acted in self-defense. Did he believe that Holloway was going to seriously injured or kill him? Is there evidence to establish that he had a reasonable fear? Did Holloway have a gun or deadly weapon? Holloway’s girlfriend was present at the scene. What information does she have? If police did not find a weapon on or near Holloway, is there a possibility that his girlfriend or someone else hid the weapon to protect him.