Jacksonville Criminal Defense Lawyer Blog

December 8, 2011

12 Laws of Christmas – Day 3 Foreclosure Defense Pay 2 Months get one Free

12 Laws of Christmas – Day 2 Foreclosure Defense Pay 2 Months get one Free

This special is for any new or existing Foreclosure Defense clients and can offer you a substantial discount and save you a substantial amount of money. While we understand that not everyone will be able to take advantage of the offer, for those of you who can it should be considered. If you pay for 2 months of Foreclosure Defense we will give you a credit for an additional month at no charge. For more informaiton on Strategic Default or Foreclosure Defense in Florida, please see the target=”_blank”>Florida Foreclosure Defense Lawyers Blog.

The Law Office of David M. Goldman has decided to do 12 great specials for our new and existing clients. Many of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

December 7, 2011

12 Laws of Christmas – Day 2 Criminal Defense $500 Off Retainer Fee

by David M. Goldman

If you or a family member has been accused or are under investigation for a Crime and are looking to hire a Florida Criminal Defense lawyer to represent you, we have an offer that may make it easier to hire an attorney around the end of the year. The Law Office of David M. Goldman is offering to reduce any new retainer by $500 for representation for a felony or misdemeanor crime. For more information, you may review the Jacksonville Criminal Defense Lawyers Blog.

The Law Office of David M. Goldman has decided to do 12 great specials for our new and existing clients. Many of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Law Office of David M. Goldman for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

December 6, 2011

My Florida Driver’s License is Being Suspended for 5 Years

by David M. Goldman

As a Jacksonville Florida Driver’s License Lawyer, I get many calls from people stating, “Help! I just received a letter in the mail that says my driver’s license is going to be suspended for five years.” The Jacksonville driver that called is normally being declared a Florida Habitual Traffic Offender (HTO), and that is why his or her license is being suspended for five years. As a Florida HTO, if the driver gets caught driving with a habitual traffic offender suspension in Jacksonville, he or she will be arrested for felony driving with a suspended or revoked license.

When you receive a letter from the Florida Department of Highway and Safety Motor Vehicles, do not wait to do something about it. Stopping your Florida Driver’s License from being suspended cannot occur in a day. You will likely need to reopen one of your older cases to reverse this Habitual Traffic Offender suspension. A Jacksonville Criminal Defense Lawyer should discuss your case with you. In order to reopen an old Jacksonville Driving on a Suspended or Revoked License case, your attorney will need to be able to present the court with mitigating evidence that will set you apart from other Jacksonville drivers in the same situation. When talking with a Jacksonville Criminal Defense Lawyer, it is important to tell him everything about your Florida Habitual Traffic Offender driver’s license suspension and your Florida driving record, so he can prepare your case properly for you.

Contact a Jacksonville Criminal Defense Lawyer, to discuss your Florida driver’s license case and determine what mitigating factors may prevent you from losing your license for 5 years!

December 6, 2011

12 Laws of Christmas – Day 1 Create a Will for $25

by David M. Goldman

12 Laws of Christmas – Day 1 Create a Will for $25

Have you been in need of a Florida Will or have a family member that is in need of a new Will? Have you considered using an online service but been afraid of what you might create or what mistakes you may make? Now, you can have a lawyer create a will for only $25. This is not a will that you would find at staples or in a form book, but a fully customizable will based on your needs and desires.

The Law Office of David M. Goldman has decided to do 12 great specials for our new and existing clients. Most of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

December 5, 2011

Jacksonville Plea Deal is Not Reached in Youth’s Murder Case

by David M. Goldman

Christian Fernandez is the 12-year-old boy that has been charged as an adult for murder in Jacksonville, Florida. He is the youngest juvenile to be charged as an adult. While the Jacksonville State Attorney’s Office and Fernandez’s Public Defender have been trying to negotiate a plea deal in this Jacksonville Murder Case, they have been unable to come to an agreement. Since the prosecution and defense cannot come to an agreement about a Jacksonville plea deal, the case has been set for a jury trial. This Jacksonville Juvenile Murder trial is set to take place on February 27, 2012. At that time, the jury will be picked and the trial will likely take place through out the week. Unless the Jacksonville prosecutor and defense attorneys come to an agreement, the case will be tried. If the case is not ready for trial, the parties may move to continue the trial. However, it is up to the Duval County judge to decide whether or not to grant the motion to continue.

It appears that this murder trial is not the only thing that Fernandez’s Jacksonville Criminal Lawyers need to be concerned about. The Jacksonville.com reports the following information:

“The defense filed a motion to dismiss the original indictment, the prosecution indicated they’d also seek a second indictment against Fernandez for another offense. That second matter has been under investigation all along and involves another crime that carries a penalty of life in prison, authorities said.

December 1, 2011

Clay County DUI Crash Results in 10-Year Florida Prison Sentence

by David M. Goldman

Middleburg resident, Milton Lee Minier, was sentenced to 10 years in the Florida State Prison. He plead guilty to the charge of Florida DUI (Driving Under the Influence) Manslaughter as part of a plea deal with the Clay County State Attorney’s Office. According to the Florida Times Union (Jacksonville.com):

“Police said Minier drove into a cement wall in the 7900 block of Old Kings Road in the early morning hours of March 6, killing his passenger, 21-year-old Tiffany Manzano of Jacksonville. A sample of Minier’s blood taken shortly after the crash revealed he had a blood-alcohol level of 0.185 percent, more than twice the legal limit, his arrest report said.”

In Clay County, the legal limit is a BAC of 0.08 percent or below. This blood-alcohol level is used as evidence in Clay County Florida DUI trials against the Defendant to help prosecutors prove the crime of Driving Under the Influence. It is important to investigate the DUI case and the circumstances surrounding the blood draw when defending a DUI charge. There could be a problem with the blood draw or the manner in which it was obtained. If you have been arrested for DUI in Clay County, Florida, contact a Jacksonville Criminal Defense Lawyer to discuss your case, make the proper determinations as to mitigation, and to protect your rights during your Jacksonville Criminal Case.

November 26, 2011

What Rights Am I Waiving When I Enter a Guilty Plea in Florida?

by David M. Goldman

When you enter a guilty plea in Florida, you are waiving certain rights. The same is true when you plea no contest or nolo contendere. Under Rule 3.172(c) of the Florida Rules of Criminal Procedure, a you are waiving the following rights:

the right to a trial by jury;
the right to an attorney at trial;

November 25, 2011

What is the difference between entering a plea of guilty or a plea of no contest in Jacksonville?

by David M. Goldman

If you are charged with a crime in Jacksonville, Florida, you may decide to enter into a plea deal with the Jacksonville state attorney. If that is the case, you will be entering a plea of guilty or no contest to a Jacksonville crime. Before doing so, you should understand that you are waiving a variety or rights. Many people believe that they will not have a criminal record if they plea no contest. This is not true. Regardless of whether you enter a plea of guilty or no contest, you criminal record will still reflect the crime. When you enter a plea of guilty in Jacksonville, you are telling the court that you are guilty of the offense. When you enter a plea of no contest, you are telling the court that it is in your best interest to accept the plea deal, but you are not admitting guilt. This has no affect on your criminal record.

In some cases, it maybe advisable for you to enter a plea of no contest instead of a plea of guilty to the Jacksonville criminal charge, because of possible civil liability that may be involved. Before entering a plea to a Jacksonville crime, you should contact a Jacksonville Criminal Lawyer.

November 24, 2011

Entering a Plea of Guilty or No Contest to a Crime in Jacksonville, Florida

by David M. Goldman

When a Jacksonville criminal defendant is charged with a crime, he or she can plea one of three ways. He or she may enter a plea of not guilty, guilty, or no contest (nolo contendere). A “not guilty” plea will cause the case to move forward, and in some cases, the case will go to trial. If the Jacksonville criminal defendant enters a plea of guilty or no contest, he or she will usually do so pursuant to a plea agreement with the Duval County State Attorney’s Office. If the Jacksonville criminal defendant and the Duval County State Attorney’s Office do not reach a plea deal, then the defendant may choose to plea guilty or no contest and go strait to a sentencing hearing before the judge.

It is important for the Jacksonville criminal defendant to discuss all the possible avenues that he or she may take in the case. He or she should understand the differences between entering a plea of guilty, not guilty, and no contest and the possible outcomes for each. Therefore, he or she should discuss the Jacksonville criminal case with a Jacksonville Criminal Attorney.

November 23, 2011

Seal or Expunge a Criminal Record in Florida

by David M. Goldman

If you meet the requirements listed in Florida Statute Section 943.0585 or 943.059, you can get your record expunged or sealed in Florida. While it is within the court’s discretion whether or not to seal or expunge the Florida criminal record, the court can only deny the petition to seal or expunge the Florida criminal record if there is a good reason based on the facts and circumstances of each individual case. When the state attorney objects to a Florida criminal defendant’s petition to seal or expunge a record, the state attorney must present evidence at the hearing to support the state’s representations that the petition should be denied.

VDF v. State is a Jacksonville Florida case that addresses the issue of sealing versus expunging a Florida criminal record. In VDF v. State, the Florida First District Court of Appeals the trial court refused to expunge a Florida criminal defendant’s record. The Florida criminal defendant fulfilled all the requirements for an expunction under Florida Statute Section 943.0585. The court sealed the record instead of expunging it, so police would have easier access to the record. This was an abuse of the court’s discretion. The Florida criminal record should have been expunged instead, because VDF fulfilled all the Florida statutory requirements and the state did not present any evidence to support a denial of the Florida petition to expunge. Therefore, his record should have been expunged. VDF v. State, 19 So. 3d 1172 (Fla. 1st DCA 2009).