Jacksonville Criminal Defense Lawyer Blog

January 3, 2018

House Bill 903: Certain Convicted Felons in Florida Could Have Another Option for Civil Right Restoration

Civil Right Restoration in Florida currently takes decades for the state Board of Executive Clemency to process because they have 4 clemency hearings a year where the Governor and the Cabinet consider requests by fewer than 100 people at a time to restore their right to vote, run for office or own a gun. See Miami Herald, “Thousands of Florida Felons Wait Decades to Regain the Right to Vote,” published July 13, 2017, by Steve Bousquet. There are more than 20,000 clemency applications pending at the moment. This has been a long-standing issue in the State of Florida and there are numerous options being considered. One of these options is House Bill 903.

Rep. Cord Byrd, of Jacksonville Beach, has introduced House Bill 903, entitled the Economic Redemption and Restoration of Constitutional Rights Act. If passed, this law would authorize certain convicted felons to petition for constitutional or civil rights to be restored in the circuit court of the county in which the felon resides or in the county where the felon was convicted. The petition must contain the following:

Documentation showing the conviction, the sentence imposed and served, and any release granted or other disposition of each case

January 2, 2018

Kuckuck v. State: An Examination of Double Jeopardy With Solicitation and Traveling After Solicitation

by David M. Goldman

William Kuckuck v. State of Florida, 43 Fla.L.Weekly D80b (5^th DCA 2017) involves a defendant, William Kuckuck, who was convicted of violating Florida Statutes section 847.0135(3)(b), by knowingly using a computer on-line service, internet service, or other similar device to solicit a person believed to be a parent of a minor child to obtain their consent to engage in unlawful sexual conduct with the child and of violating section 847.0135(4)(b) for traveling to meet the minor child to engage in unlawful sexual conduct after solicitation.

The arrest came about after an FBI Agent posed as the father of 11 and 9 year old daughters and posted an ad on Craigslist seeking “taboo” experiences for his “daughters.” Kuckuck responded by email and engaged in explicit communication regarding sexual conduct that Kuckuck sought to engage in with the “daughters” on July 14, 2016 and sought consent from the “father” on July 15, 2016. On July 15, 2016, Kuckuck traveled to have sex with the “daughters” and was arrested.

There were two counts filed by the State of Florida; for his solicitation on July 14, 2016 and his traveling after solicitation on July 15, 2016. Kuckuck argued that double jeopardy applied and prohibited a conviction on the solicitation count because the conviction would be based upon the same acts as the traveling charge and was subsumed in the traveling count.

December 21, 2017

Can You Refuse a Test Given by Law Enforcement When Stopped for DUI in Florida?

by David M. Goldman

If you are ever stopped for DUI, you may not trust the breath test and want to refuse to take the test or you may even want to ask for a separate blood test or breath test by a lab of your choosing. In Florida, your license can be suspended for refusal to submit to a breath, blood, or urine test. You can ask for a review of your license suspension, but a hearing officer will be looking at certain factors under the statute at the review hearing. Florida courts have determined that a law enforcement officer may select the initial test; and refusal will result in license suspension.

In the case of Dept. of Highway Safety and Motor Vehicles v. Green, 702 So.2d 584 (2^nd DCA 1997), Mr. Green declined to take a breath test after being stopped for DUI. He was observed to be weaving his vehicle and to have bloodshot eyes, alcohol on his breath, and to be unsteady on his feet. He failed a standard set of roadside sobriety tests. He was arrested and taken to the breath testing unit. The officer provided the “implied consent” warning indicating a refusal to take the breath test would result in a suspension of his driving privileges. Mr. Green refused. He, instead, offered to take a blood test and requested assistance from the arresting officer by bringing him a telephone book or a telephone to contact a laboratory.

Mr. Green argued that he had the right to select the test of his choice and the officer was obligated to assist him in obtaining that test. The Court held that the officer has the right to select the initial test, and it can be “an approved chemical test or physical test.” Only after a driver has complied with the initial law enforcement selected test does an officer have to assist a driver in obtaining a blood test or secondary test.

December 13, 2017

I Didn’t Do it! I Have An Alibi!

by David M. Goldman

You may find yourself arrested for a crime that occurred at a time you were somewhere else completely at the same time the crime was being committed! There is a special procedure to handle this situation in Florida criminal courts and its important that those procedures are followed or it could result in your evidence not being used at trial.

In Florida pursuant to Rule 3.200, Florida Rules of Criminal Procedure, upon the written demand of the prosecuting attorney, a defendant in a criminal case who intends to offer evidence of an alibi in their defense must file a Notice of Alibi with the Court and serve it on the prosecutor no less than 10 days before trial.

The demand from the prosecutor will include the place, date and time of the commission of the crime charged as is known to the prosecutor.

December 4, 2017

Arrested for Assault or Battery of a Law Enforcement Officer? Penalties in Florida are More Severe than Normal

by David M. Goldman

Florida law makes penalties stricter for assault or battery of a law enforcement officer. Under Florida Statutes 784.07(2), when you are charged with knowingly committing an assault or battery upon a law enforcement officer, the charge will be reclassified as follows:

(a) Second degree misdemeanor assault will be a first degree misdemeanor

(b) First degree misdemeanor battery will be a third degree felony

November 27, 2017

Restoring Your Firearm Rights in Florida After a Felony Conviction

by David M. Goldman

Restoring your gun rights can be a difficult process and you may have questions about how to start the process. Be aware that the process takes a long time and the Clemency Board in charge of processing applications has a large backlog. The sooner you contact a lawyer in Jacksonville, the better.

Can I restore my right to use firearms after a felony conviction in Florida?

Under the Rules of Executive Clemency, you may apply to the Clemency Board for the specific authority to own, possess, or use firearms that was lost as a result of a felony conviction. The Florida Clemency Board will not consider requests from those who were convicted in federal, military, or out-of-state courts.

November 20, 2017

How To Stop A Stalker in Florida

by David M. Goldman

Are you living in Jacksonville and being affected by a stalker? Do you want a court order to stop the stalker?

Continue reading to find out how to file an Injunction for Protection Against Stalking to protect you or your child!

It can be a very scary experience to be the victim of a stalker, especially if it is someone you know and trusted. There are steps that you can take to protect yourself under the law in Florida that will help give you peace of mind. Florida Statutes section 784.0485 provides for a cause of action for an injunction for protection against stalking, including cyberstalking. A stalking injunction can be filed on your behalf or on the behalf of a minor child if you are the parent or legal guardian of the child and the child is living with you.

January 27, 2017

Illegal Search,Evidence Suppressed?

by David M. Goldman

What many people fail to realize is that all citizens of the United States have a Fourth Amendment right against illegal searches created by the U.S. Constitution, and any evidence that comes from an illegal search may be suppressed at trial. Florida’s constitution in Article I, Section 12, creates state law that mimics and reiterates the U.S. constitution. Evidence can only be suppressed if it is obtained from an illegal search of a person or a person’s property.

So what is an illegal search?

The Fourth Amendment of the U.S. Constitution limits the power of police to make arrests, to search people and their property, and to seize objects and contraband. This amendment forms the cornerstone of search and seizure law.

November 2, 2016

Explosive Pumpkin, Child Neglect

by David M. Goldman

A grandmother in Saint Augustine, Florida worked with her granddaughter to create green flames in their jack-o-lantern for Halloween, according to Jacksonville.com. The pumpkin ended up being an explosive, rather than the awesome Halloween prop they probably intended. Sixty-two (62) year old Wanda Michelle Reyna and her seven (7) year old granddaughter had apparently been inspired by a Youtube video, which gave instructions on how to create the green flames. The green flames would have been a very cool effect if it were not for the minor accident that took place.

The Youtube video gave a recipe to combine household chemicals as a way to create the green fire. In a 911 called the grandmother placed as the seven year old screamed in the background, the grandmother frantically explained that the chemicals got on the child. As if that wasn’t bad enough, the chemicals were burning at the time. The little girl was thrown in the pool to put out the reportedly minor flames. She had to be taken to the hospital to be treated for her burns. As a Florida criminal defense attorney and Florida family law attorney, a few scary possibilities come to mind. Being prepared for the possibilities of what may come is important for a Florida attorney.

Criminal Law Implications

August 10, 2016

License and Registration Check: Illegal Search and Seizure

by David M. Goldman

“License and registration, please.” If you have ever been pulled over by police, you have probably heard this phrase. In recent years, Americans have grown more and more suspicious of police officers. With all that we see and hear on the news and in social media, arguably, there is cause for alarm in some cases. In my practice as a Jacksonville Criminal Lawyer, I get questions regarding encounters with police regularly. Criminal defense lawyers can’t always give the definite answers that people are looking for, however. Much of what we can and cannot do under Florida law is based on the particular details of a situation. There are certain rights that all Jacksonville criminal attorneys will tell you that can or should expect to be a given.

With the popularity of smartphones with video recording capabilities, many people are taking it upon themselves to record officers. I recently watched a video online that showed a man pulled over at a DUI checkpoint. The driver refused to give the police officer his license and registration. The driver asked the police officer to explain what probable cause there was to ask for the driver’s license and registration. The officer even threatened to have the man arrested for interference, but the driver didn’t fold. Instead he asked that a supervisor be called out to the scene. Once the supervising officer arrived, he leaned forward a little into the driver’s window and stated that there was no smell of an alcoholic beverage and told the driver he was free to go. The original officer who had demanded the driver’s license and registration and repeatedly said the U.S. Supreme Court and upheld DUI checkpoints looked very confused.

The likely reason that the supervising officer let the driver go about his business is that the United States Supreme Court in the case of Delaware v. Prouse back in 1979 held that it is improper for police, without “articulable and reasonable suspicion” to detain drives simply to check their licenses and registration. The U.S. Constitution’s provision against unreasonable search and seizure provides a shield against this type of police conduct. Florida’s Constitution also protects against unreasonable searches and seizures. For more information or help with a case, contact the Law Office of David M. Goldman, PPLC today. Initial consultations are free.