Jacksonville Criminal Defense Lawyer Blog

March 6, 2011

Illegal Wiretapping in Jacksonville, Florida

Florida Statute Section 934.03 governs the interception and disclosure of wire, oral, or electronic communications in Florida. In Jacksonville Illegal Wiretapping Cases, a person records the conversation of another person without his or her consent. While most people are aware that you cannot record someone else’s conversation in Jacksonville, Florida, they are not aware that you cannot record your own conversation. If you want to record a conversation, you must have the consent of all of the parties involved. Florida is a two-party consent state. Therefore, both of the people in a telephone conversation, or any other oral communication, must be aware that the conversation is being recorded. If you are recording your own conversation, be sure to advise the other person that you are recording the call.

Quite often, Florida Criminal Defense Attorneys and Florida Family Law Attorneys will encounter a case in which spouses, in the midst of a divorce or custody battle, will make a secret recording to obtain evidence. For more information on domestic cases, read “Wiretapping Teddy Bear Leads to Large Fine” written by attorney, Kelly Ryan. For more information, on federal and state wiretapping laws, visit the National Conference of State Legislatures. If you have been charged with violating the Florida wiretapping law, contact a Florida Criminal Defense Attorney immediately.

March 5, 2011

Jacksonville DUI Convictions Cannot Be Sealed

by David M. Goldman

Under Florida law, you cannot seal or expunge an arrest record if you have been convicted of a crime. With a Jacksonville Driving Under the Influence (DUI) arrest, if you plead guilty or no contest to DUI, this will result in a conviction. Florida Law does not allow the court to withhold adjudication (conviction) in Jacksonville DUI cases. This will not only affect your ability to seal the DUI arrest, but it will also effect your ability to seal any other Florida arrest.

You cannot seal or expunge a criminal arrest record in Florida if you have been adjudicated guilty (convicted) of any crime. If you have a conviction for Driving Under the Influence in Jacksonville, you cannot have an unrelated crime sealed. For example, John Smith is arrested for battery in 2005. The charges are dropped. In 2002, he was arrested and pled no contest to a Jacksonville DUI charge. Normally, he would be eligible to get his battery arrest expunged. However, since he has a DUI conviction, he is not eligible to get the battery expunged.

Therefore, if you are arrested for Driving Under the Influence in Jacksonville, Florida, it is important for many reasons that you defend the case in the best manner possible. If you are facing Jacksonville DUI charges, contact Jacksonville DUI Attorney.

March 2, 2011

Jacksonville Florida Felony and Juvenile Judge Dies

by David M. Goldman

Last night, the Honorable Judge Jefferson W. Morrow passed away (Story by Florida Times Union). Judge Morrow was a circuit court judge in Jacksonville, Florida. As a Jacksonville Juvenile Lawyer, the first time I met Judge Morrow was in Jacksonville Juvenile Delinquency Court. He was very punctual, patient, and fair. He treated my client, a Jacksonville Juvenile Criminal Defendant, and myself with respect and kindness. He respected lawyers that were well-prepared and well-spoken. As a former Jacksonville criminal trial lawyer, he understood the challenges faced in criminal cases and the need for efficiency and guidance in the criminal justice system.

Judge Morrow was admitted to practice law in Florida in 1983. He was a former member of the largest network of Florida Criminal Defense Attorneys, the Florida Association of Criminal Defense Lawyers (FACDL). After practicing as a criminal and civil trial attorney, he was sworn in as a Duval County Florida Judge in January of 2009. After presiding as a Jacksonville Juvenile Judge, he was assigned to the felony circuit court bench where he presided until his recent death. As a Jacksonville Criminal Lawyer, I hope that a judge with his compassion and courtesy will fill the void that Judge Morrow has left.

March 2, 2011

Jacksonville Bar Fight results in a shooting in Downtown Jacksonville, Florida

by David M. Goldman

Dos Gatos is a cocktail lounge in downtown Jacksonville, Florida. It is popular for its signature drinks and mellow atmosphere. In the early morning hours of March 1, 2011, the Jacksonville bar ended up with more action than usual. According to local media reports (Florida Times Union and First Coast News of Jacksonville), a fight broke out in the bar that resulted in a shooting in the the street. A woman was taken into custody in reference to this Jacksonville shooting. As of today’s date, charges have not been filed. Depending on the circumstances, if this woman is the shooter, she could be charged with aggravated assault or battery, attempted murder, or a homicide crime. The criminal charges will depend on the facts of the case.

March 1, 2011

Jacksonville False Domestic Violence Accusations and Charges

by David M. Goldman

Jacksonville Domestic Violence Attorneys and Criminal Defense Lawyers are not the only lawyers that handle domestic battery charges on a regular basis. Family Law attorneys deal with this problem as well. Quite often, I have had a client falsely charged with Jacksonville Domestic Battery. This may be due to vengeance on the side of the alleged victim, or the alleged victim may be trying to get the upper hand in a divorce or custody dispute. However, he or she may not realize that filing a false police report is a serious charge and a first degree misdemeanor. Read Jacksonville False Police Report is a Crime by a Jacksonville Criminal Defense Lawyer , and False Domestic Violence Accusations by attorney, Kelly Ryan, for more information.

February 15, 2011

“Peeping Tom” Conduct Can Lead to Various Jacksonville Criminal Charges

by David M. Goldman

As a Jacksonville Criminal Lawyer, I was asked by Jacksonville First Coast News to comment on a Mandarin “peeping tom” case. After being informed of the Jacksonville “Peeping Tom” conduct and the Mandarin Families Frightened By the Peeping Tom, I determined that the suspect may be charged with a variety of Jacksonville criminal offenses. Depending on the circumstances surrounding each individual incident, he may be charged with voyeurism, trespass, or stalking.

Jacksonville voyeurism is governed by Florida Statute Section 810.14. Voyeurism occurs when a person:

has a lewd, lascivious, or indecent intent;
secretly observes another person; and
the person being observed is in a place where he or she has a reasonable expectation of privacy.

February 10, 2011

Florida’s Williams Rule Requires Notice and Jury Instructions

by David M. Goldman

Florida’s Williams Rule has certain procedural requirements that must be followed before evidence of a Jacksonville Criminal Defendant’s bad acts or wrong doings can be admitted in a jury trial. The State Attorney must file his or her Notice if Intent to Offer Similar Fact or Williams Rule Evidence. This notice must be filed at least 10 days before trial, and it must particularly describe the acts that the State plans on entering into evidence a trial. The Jacksonville Criminal Defendant is entitled to a hearing on the admissibility of the character evidence. If the evidence is admitted, the jury must be instructed about the limited reason for the introduction of the Williams Rule evidence. They must be told that they cannot convict the defendant based upon another offense. Instead, he or she cannot only be conviced of the crime for which he or she is charged.

If you have been charged with a crime in Jacksonville, Florida, it is important to make sure evidence of prior bad acts are not admitted in your jury trial. The jury is instructed that they are not to consider evidence of a Jacksonville criminal defendant’s prior bad acts as evidence that the defendant committed the crime that he is charged with. However, once the jury hears the evidence, it is hard to ask them to disregard it as evidence of the defendant’s bad character. Therefore, it is important for a Jacksonville Criminal Defense Lawyer to exclude this character evidence.

February 9, 2011

Admitting Character Evidence in Jacksonville Jury Trials

by David M. Goldman

In a Jacksonville criminal jury trial, a Jacksonville criminal defendant’s prior crimes or wrong-doings usually cannot be used against him or her. The State Attorney cannot present evidence tending to show a Jacksonville criminal defendant’s bad character if he or she is using the evidence to prove that the criminal defendant acted in conformity with his bad character on a particular occassion.

Section 90.404(2)(a), Florida Evidence Code, governs the admissibilty of a criminal defendant’s character evidence. Normally, evidence of other crimes, wrongs, or acts is inadmissible, but it is admissible if is is “relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” This is known as Florida’s Williams Rule.

February 8, 2011

Florida Appellate Court Finds that Jacksonville Judge Denied Petition to Expunge Criminal Record in Error

by David M. Goldman

Yesterday, the Florida First District Court of Appeals filed an opinion on a Jacksonville record expunction case,

36 Fla. L. Weekly D275a. Last year, a Jacksonville criminal defendant, appealed Judge Elizabeth Senterfitt’s denial of his petition to expunge his criminal record. The Florida appellate court ruled that Judge Senterfitt’s “reasons for denying his petition were not sufficiently related to the particular facts and circumstances of his case.” At the hearing, no evidence was presented and the judge:

“entered an order denying Appellant’s petition based on the nature of the charge and the nature of Appellant’s occupation. According to the order, Appellant works at a car wash where he has contact with the public, “obviously including children.” The trial court opined that the public’s compelling interest in knowing the character of those who provide a service to the community, particularly the children of the community, justified denial of the petition.”

The Florida appellate court reasoned that “a trial court must weigh the policy of public access to records against the ‘long-standing public policy of providing a second chance to criminal defendants who have not been adjudicated guilty.'” Indeed, “the court’s discretion must be exercised based on the particular facts and circumstances surrounding the records at issue, and not solely on the nature of the charge.” A trial court cannot “deny a petition for expunction based on facts that would be applicable to any person seeking such relief.”

February 6, 2011

Ponte Vedra Beach DUI Checkpoints

by David M. Goldman

Ponte Vedra Beach DUI Checkpoints must pass certain constitutional standards. In Florida, two major cases govern the constitutionality of DUI checkpoints: Campbell v. State, 679 So. 2d 1168 (Fla. 1996) and State v Jones, 483 so. 2d 433 (Fla. 1986). The police officers conducting the DUI roadblock must have written guidelines that lay out detailed procedures for them to follow. The guidelines must “set out procedures regarding (1) the selection of vehicles, (2) detention techniques, (3) duty assignments, and (4) the disposition of vehicles.” Jones, 483 So. 2d at 438. Indeed, other Florida cases have addressed this issue such as the Florida Second District Court of Appeals (See

Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008)). For more information about this case, read “Florida Court Rules on DUI Checkpoint and Road Block Case” by Ponte Vedra DUI Attorney.