Jacksonville Criminal Defense Lawyer Blog

September 12, 2010

Jacksonville Driver License Suspensions for Juveniles with Tobacco

A Jacksonville Juvenile’s Driver License will be suspended if he is found in violation of Florida Statute Section 569.11. This Florida statute makes it unlawful for a juvenile to possess tobacco or misrepresent his or her age to obtain tobacco. Section 569.11 sets forth procedures that the juvenile must complete, such as a fine, community service hours, anti-tobacco program. If the Jacksonville juvenile does not complete the requirements, the court shall direct the Florida Department of Motor Vehicles to suspend the Jacksonville Driver License. The time period for the Jacksonville Driver License Suspension will vary depending on the violation.

If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer today.

September 12, 2010

Jacksonville Driver License Suspensions for Juvenile Delinquents

by David M. Goldman

Florida Statute Section 322.056 governs Jacksonville Driver Licenses suspensions for juveniles found delinquent for certain crimes. A Jacksonville juvenile’s driver license will be suspended if he or she is found guilty or delinquent of:

selling, giving, serving, or possession of alcohol by a minor (under Florida Statute Section 562.11(2) or 562.111) or
a violation of Chapter 893 (drug-related offenses).

The first violation will normally result in a six month suspension of the Jacksonville driver license. The second violation will result in a two year suspension. However, the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship Jacksonville driver license.

If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer.

September 2, 2010

Jacksonville Criminal Firearm Lawyer: Adding Sentencing Scoresheet Points for Possession of a Firearm by a Convicted Felon

by David M. Goldman

In Jacksonville, Florida, if a Jacksonville Criminal Defendant possesses a firearm during the commission of a crime, additional points will be added to the Defendant’s sentencing scoresheet. If more points are added, the Jacksonville Criminal Defendant’s scoresheet will result in a higher score. In turn, this will result in a higher minimum Florida State Prison guideline sentence.

If possession of a firearm is an essential element of the underlying crime, these additional points should not be added to the Florida Sentencing Scoresheet. Therefore, points cannot be added in cases where the only underlying crime is possession of a firearm by a convicted felon or carrying a concealed firearm. Fisher v. State, 718 So. 2d 753, 754 (Fla. 1998).

If you are charged with a Jacksonville Firearm Crime contact a Jacksonville Criminal Firearm Lawyer to discuss your case and make sure your rights are being protected.

September 2, 2010

Jacksonville Criminal Gun Lawyer: Added Sentencing Scoresheet Points for Possessing a Gun

by David M. Goldman

The Florida Sentencing Scoresheet is used in felony cases in Jacksonville, Florida. For each Jacksonville felony case, points are calculated in various categories to determine the minimum and maximum periods for a Florida prison sentence. If a Jacksonville Criminal Defendant is in possession of a gun during the commission of a crime additional points will be assed. According to the Florida Criminal Punishment Code Scoresheet Preparation Manual:

“Eighteen sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(2), Florida Statutes, while having in his or her possession a firearm…Twenty-five sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(3), Florida Statutes, while having in his or her possession a semiautomatic firearm…or a machine gun.”

Florida Statute Section 775.087 also sets forth minimum mandatory sentences for Jacksonville Gun Crimes. If are charged with a Jacksonville Gun Crime contact a Jacksonville Criminal Gun Lawyer.

August 28, 2010

Jacksonville DUI Test Refusal: Can a Refusal Be Used Against Me?

by David M. Goldman

The Florida Supreme Court has ruled that if a driver refuses to take a field sobriety test, his or her refusal can be used against him or her. In State v. Taylor (648 So. 2d 701 (Fla. 1995)), the Florida DUI Defendant was stopped for speeding. The police officer suspected that he was driving while intoxicated, because Taylor was staggering and smelled like alcohol. Taylor refused to take the Florida DUI field sobriety tests. The Florida Supreme Court held that his refusal did not constitute compelled self-incrimination. Therefore, the Fifth Amendment privilege against compelled self-incrimination was inapplicable. The Florida Supreme Court reasoned that Taylor had a choice whether to submit to the DUI tests or not, the DUI tests were noninvasive, painless, and commonplace, and he was not misled concerning the consequences of refusal of the Florida DUI tests. Furthermore, the court reasoned that the refusal was relevant evidence that showed consciousness of guilt, because Taylor was aware of the purpose of the tests and the consequences of refusal.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Lawyer. While the Florida Supreme Court in Taylor ruled that the evidence of refusal was admissible, your case may be different, like State v. Moon, a Jacksonville DUI Case.

August 27, 2010

Jacksonville Criminal Lawyers Fight Illegal Searches and Seizures by Police

by David M. Goldman

Jacksonville Criminal Lawyers are often faced with cases that involve illegal searches and seizures. When a Jacksonville police officer conducts stops or searches a person, he must conduct himself in a manner that does not violates a persons Fourth Amendment rights. If police officer violates the constitutional rights of a criminal defendant, a Jacksonville Criminal Lawyer can file a motion to suppress any evidence that way obtained due to the illegal search or seizure.

Recently, in Ferguson v. State, the Florida Second District Court of Appeals ruled on this issue. In this Florida case, Mr. Ferguson was located in a “high crime area” and was trying to avoiding contact with an officer in a manner that the officer thought was suspicious. When the officer turned her patrol car around to investigate, Ferguson attempted to drive away. The officer pulled him over, placed him under arrest for loitering and prowling, and searched the car incident to arrest. Ferguson was charged with loitering and prowling, possession of a firearm by a felon, possession of marijuana and possession of drug paraphernalia.

Mr. Ferguson appealed the conviction on the grounds that the trial court erred when it denied Ferguson’s motion to suppress the evidence seized after he was arrested. The Florida Second District Court of Appeals agreed with Ferguson, because the officer did not have a reasonable suspicion of criminal activity to detain him or probable cause to arrest him for loitering and prowling. Since there was no probable cause for the arrest, all of the evidence seized must be suppressed.

August 25, 2010

Jacksonville Driving Under the Influence (DUI) Caused By Involuntary Intoxication

by David M. Goldman

Jacksonville Driving Under the Influence (DUI) occurs when a person drives under the influence of alcohol or a controlled substance to the extent that he or she is impaired. Most people understand that you cannot drive a vehicle when you have had too much to drink. The same is true for medications. For example, even if a person is prescribed a drug, he or she cannot drive a vehicle if that drug impairs the ability to drive. What if a person accidentally takes prescription medication? This is known as involuntary intoxication.

Under Florida Law, Involuntary intoxication is a defense to Jacksonville Driving Under the Influence.

In Devers-Lopez v. State of Florida, 710 So. 2d 720 (Fla. 4th DCA 1998), Ms. Devers-Lopez was charged with driving under the influence of the sleeping medication, Halcion, in violation of section 316.193(1) of the Florida Statutes. She testified that she thought she was taking Valium, which she is prescribed. Instead, she accidentally took one of her husband’s Halcion. The Florida court failed to instruct the jury in reference to the defense of involuntary intoxication to driving under the influence. She was found guilty and appealed.

August 19, 2010

Jacksonville Bankruptcy Lawyer

by David M. Goldman

The Law Office of David M. Goldman has expanded again and added a Jacksonville Bankruptcy Lawyer and a Jacksonville FDCPA Lawyer who can help Stop Creditor Harassment in Florida. Look for an exciting announcement with a new lawyer addition next week in a related area of Florida Estate Planning.

This week our new Blog designs went live. Please let us know what you think about our Florida Foreclosure Defense Lawyers Blog

Jacksonville Criminal Defense Lawyer Blog

August 14, 2010

Jacksonville Meth Lab Investigation Leads to Four Arrests in Jacksonville, Florida

by David M. Goldman

Four people were arrested in Jacksonville on charges involving the operation of a meth lab. The arrests occurred in different areas of Jacksonville, including Arlington, Jacksonville Beach, and the Mayport Naval Station. Local Media reports that the investigation began on suspicion about the manufacture, sale and use of methamphetamine in Jacksonville. In one of the Jacksonville residences that police searched, police “found a line of methamphetamine on a coffee table and a meth lab packaged in two boxes.”

In Jacksonville, Florida, charges related to possession of a controlled substance, such as methamphetamine (meth), is governed by Florida Statute Section 893.03. According to Florida Statute Section 893.135, possession of 14 grams or more of methamphetamine in Jacksonville carries a minimum sentence of 3 to 15 years in Florida State Prison.

August 3, 2010

Jacksonville DUI Drivers License Suspension: I Refused a Jacksonville DUI Breath Test, but Tried to Take it Later

by David M. Goldman

When a person is arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages (DUI), he or she will often be asked to take a Jacksonville DUI Breath Test. If a driver refuses to take a Jacksonville DUI Breath Test, he will lose his license for one year (for a first refusal). In some circumstances, the driver will recant and choose to take the Jacksonville DUI Breath Test. The Florida Fourth District Court of Appeals addressed this issue in Larmer v. State, Dep’t of Highway Safety & Motor Vehicles, 522 So. 2d 941 (Fla. 4th DCA 1988).

In Larmer, the Defendant was arrested for DUI in Florida. A police officer advised him of Florida’s Implied Consent Law. Then, he asked if Lamar would take a breathalyzer test. The officer advised him that he would lose his license for one year if he refused. The defendant refused to take the breathalyzer test until he spoke with his employer or an attorney. He spoke with his employer only minutes later and told the officer that he wanted to take the breathalyzer test. The officer refused his request, and his drivers license was suspended.

This Florida court found that Lamar’s “pretraction of his initial refusal came moments after that refusal, while petitioner was continuously in the presence of the police officers, and in circumstances where no inconvenience would result by permitting him immediately thereafter to take the test that would produce the evidence that is the object and intent of Florida’s Implied Consent Law.” Therefore, the order suspending petitioner’s license was quashed.