Jacksonville Criminal Defense Lawyer Blog

August 2, 2010

Jacksonville Driving on a Suspended License and Jacksonville Driving without a Valid License

As a Jacksonville Driver’s License Attorney, I recently handled a case for driving without a Valid Driver’s License in Jacksonville Florida, contrary to the provisions of Florida Statute Section 322.03(1). The Florida Law states that “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license” but what exactly does “drive” mean?

The Florida Supreme Court, in Marshall v. State, 354 So. 2d 107 (Fla. 1978), held that “to be in actual physical control of a motor vehicle is not enough to convict for driving without a license.” The person must be driving. However, Marshall was superseded by two cases, State v. Tucker, 761 So. 2d 1248 (Fla. 2nd DCA 2000) and State v. Bostick, 751 So. 2d 780 (Fla. 5th DCA 2000). While both cases addressed Driving with a Suspended or Revoked License, instead of the charge of Driving without a valid Driver’s License, the cases apply the revised Florida statute which caused Marshall to be overruled.

Tucker states that “[Florida Statute Section] 322.01(15) (1999) now includes the following definition for the term “drive”: as used in this chapter “drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. According to the plain language of this provision, the definition of “drive” in [Florida Statute Section] 322.01(15) (1999) applies to [Florida Statute Section] 322.34 (1999).” Section 322.01 is the definitions section that applies to the entire chapter, including 322.03. The 2010 version of the statute that defines “drive” is 322.01(16), and it gives the same definition.

July 20, 2010

Jacksonville Dealing in Stolen Property and Grand Theft Can Result in Double Jeopardy

by David M. Goldman

In Jacksonville, Florida, can the State of Florida charge an individual with both Dealing in Stolen Property and Grand Theft of the same property, and if so, can the jury return a guilty verdict on both counts?

In Kiss v. Florida, the Fourth District Court of Appeals address this question. Leslie Kiss was charged with three counts of dealing in stolen property and one count of grand theft of the same property in connection with one scheme or course of conduct. The Florida court ruled that the State of Florida is free to charge a Defendant with both offenses, but the trier of fact must choose to convict one charge or the other, but not both. The court ruled in this manner due to the language of Florida Statute Section 812.025 which states:

“a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.”

July 10, 2010

Jacksonville Florida Arrest: When is a Jacksonville Criminal Defendant “In Custody”

by David M. Goldman

In Jacksonville, Florida, a police officer must have probable cause to arrest a person. However, police can conduct a consensual encounter with an individual without probable cause. Therefore, it is very important to review any kind of police contact to determine if it is a consensual encounter or illegal police detention.

For example, the Florida Supreme Court visited this issue on July 8, 2010. In

Caldwell v. Florida, an officer accused Mr. Caldwell of Florida Burglary. The officer read him his Miranda rights, after which Caldwell asked if he was under arrest. The officer stated that he was not under arrest but the officer needed to ask him some questions. The officer asked Caldwell to ride with him to view the surveillance tape where the burglary took place, and Caldwell agreed. The officer frisked Mr. Cadwell, prior to him entering the car. After arriving at the site of the burglary, but before he saw the tape, Caldwell confessed to the officer.

June 14, 2010

New Florida Law Can Help Drivers Pay Jacksonville Traffic Tickets

by David M. Goldman

Unpaid Jacksonville Traffic Tickets can lead to a Florida License suspension, but a new Florida Law will help driver’s get their licenses back. Beginning October 1, 2010, Florida law will permit anyone charged with non-criminal traffic citations to pay outstanding tickets through installments. The installment payments will be interest-free. Once all fines and fees are paid for, the Jacksonville driver will be able to get his license reinstated.

As a Jacksonville Traffic Lawyer, I have seen many hard-working people lose their licenses for different reasons. This Florida Law will benefit the community as a whole. When Jacksonville residents obtain a valid license, there are less uninsured motorist on the road. Additionally, it is difficult to maintain employment without a license. With a Jacksonville driver’s license, these people are less likely to lose their jobs.

While this Florida Law will affect those drivers with licenses that have been suspended due to unpaid traffic citations, it will not help those that have had their license suspended for other reasons, such as driving on a suspended license, driving under the influence, and excessive points. If you need help obtaining a valid driver’s license, contact a Jacksonville Traffic Lawyer.

June 7, 2010

Reversal of Jacksonville Juvenile’s Life Sentence Leads to California Senate Bill

by David M. Goldman

Recently, the United States Supreme Court reversed the Jacksonville Juvenile Criminal Case of Graham v. Florida. The Court reversed the case ruling that the Jacksonville Juvenile Court violated the 8th Amendment of the United States Constitution when it sentenced a juvenile to life in prison without the possibility of parole in a non-homide case.

California has taken the reasoning of Graham v. Florida a step further. The state enacted Senate Bill 399 which allows all juveniles to be eligible for parole, even those convicted of murder. Support for this Bill is based upon extensive research that supports the premise that children and teenagers differ from adults in their abilities to reason and control impulses. Additionally, they have a greater potential to be rehabilitated and reformed.

If Florida were to enact a similar law, it could effect many incarcerated juveniles currently serving life sentences without the possibility of parole in Florida State Prison. For example, Joshua Phillips is serving a life sentence without parole. His Jacksonville Juvenile Case is going through the appellate process at this time. If a law prohibiting such a sentence is enacted, his sentence could be reversed on appeal.

June 3, 2010

Florida Criminal Case Overturned Due to Improper Police Conduct and Interrogation

by David M. Goldman

The Florida Supreme Court overturned Blaine Ross’ murder conviction and remanded it back to the lower court for a new trial (

Ross v. Florida). Mr. Ross was sentenced to death after a jury convicted him of Florida first-degree murder of his parents. Among the evidence presented at trial, Florida prosecutors submitted Mr. Ross’ confession to the jury, which Manatee County detectives obtained through a police interrogation. Detectives vigorously questioned Mr. Ross and did not read Mr. Ross his Miranda rights until later in the interrogation. This Florida Police Department’s actions arose to improper police conduct, which resulted in an involuntary confession. As such, the confession should not have been admitted in Mr. Ross’ Florida Murder Trial.

Mr. Ross will stand trail again, but the trial court judge will not be admitting the confession into evidence. Without the confession, the State of Florida will need to rely on other evidence to obtain a Florida murder conviction. This could be the difference between a guilty and not guilty verdict. Therefore, it is important for a Florida Criminal Lawyer to make sure that police gave proper Miranda warnings in a criminal case involving a confession.

June 2, 2010

Jacksonville Criminal Defense Lawyer Looks for Miranda Warning Violations

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer, I make sure a defendant’s rights were read when I receive a Jacksonville criminal case that involves police questioning. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court of the United States ruled that the Fifth Amendment’s privilege against self-incrimination required police to inform a criminal defendant of the following rights:

the right to remain silent;
anything that the defendant says can be used against him;
the right to the presence of an attorney; and
if the defendant cannot afford an attorney, one will be provided to him.

Miranda warnings must be given prior to the Jacksonville Sheriff’s Office’s Interrogation. The interrogation must be a result of government conduct and the Jacksonville Criminal Defendant must be in police custody.

If you were arrested after being questioned by the Jacksonville Sheriff’s Office, contact a Jacksonville Criminal Defense Lawyer at (904) 685-1200, extension 103.

May 25, 2010

Jacksonville Leaving the Scene of An Accident Attorney Advises that Drivers Have a Duty to Report

by David M. Goldman

Jacksonville Leaving the Scene of an Accident is a crime in Florida that can range from a felony offense to a misdemeanor depending on the injury or damage caused by the accident. Florida Statute Section 316.027 govern crashes involving involving injury to a person or death. Florida Statute Section 316.061 addresses accidents that result in only damages to a vehicle or other property. Regardless of the injury or damage caused by the accident, Jacksonville drivers have a duty to stop and remain at the scene until they fulfill the requirements of Florida Statute Section 316.062. This Florida law requires that they give information and render aid. If this law is violated, the driver can be charged with a crime in Jacksonville, Florida.

Additionally, Florida Statute Section 316.065 states that you have to report the crash if it results in injury or death or damage of $500. Thus, not only do Jacksonville drivers need to give all pertinent information and render aid, but they also must report certain crashes to the Jacksonville Sheriff’s Office. If this Florida Statutes is violated, the result is a nonmoving, noncriminal traffic infraction.

If you are charged with a Jacksonville Driving Offense, contact a Jacksonville Traffic Lawyer.

May 21, 2010

Jacksonville Duval County Drug Crimes Attorneys Will No Longer Have Post-Conviction Drug Court

by David M. Goldman

In October 2009, Jacksonville, Duval County, Florida began a post-conviction drug court. This Jacksonville drug offender program is aimed at rehabilitating drug users in Duval County. It is a Jacksonville drug program that can be used in lieu of a Florida prison sentence. Duval County was awarded grant money in the amount of $1.4 million to fund the program. However, court officials rejected the program due to opposition from the State Attorney’s Office.

The Jacksonville post-conviction drug program was not intended to give drug offenders a “break” from serving jail time. Instead, “the new program [gave] judges the opportunity to send nonviolent drug offenders to drug court after they’e been convicted with the knowledge they go strait to prison if they fail.” In general, prison is not going to stop a drug addict from reoffending, because the point of prison is to punish, not rehabilitate. The Jacksonville Duval County post-conviction drug court would have created an alternate sentence that would rehabilitate drug addicts while saving the State of Florida and City of Jacksonville money. Jacksonville Criminal Attorneys that represent defendants charged with drug crimes will no longer be able to help their clients obtain a sentence involving this program. However, Jacksonville Drug Crimes Attorneys will be able to pursue other similar remedies, such as probation.

May 20, 2010

Florida Criminal Defense Attorneys Push Law that Gives New Legal Defense to Jacksonville Crime of Serving or Selling Alcohol to Minors

by David M. Goldman

Florida Statute Section 562.11(c) makes it a second degree misdemeanor “for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises.” Due to the hard work of many Florida Criminal Defense Attorneys and the Florida Association of Criminal Defense Lawyers, the Florida Legislature passed an amendment to this Florida Law, regarding service of alcohol to minors.

The Amendment is listed in Florida Statute Section 562.11(c) which states that “a licensee who violates paragraph (a) shall have a complete defense to any civil action…if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked” a listed form of identification and acted in good faith.

The new Amendment to this Florida Law regarding selling and serving alcohol to minors will be beneficial to Jacksonville vendors and sellers of alcohol. It makes sense to have a law that protects minors, but not at the expense of Jacksonville business owners and there employees that act in a prudent manner.