Jacksonville Criminal Defense Lawyer Blog

January 23, 2010

Jacksonville Criminal Defendants are Subjected to Foreclosure

Jacksonville Criminal Defense Attorneys dedicate their careers to helping criminal defendants acheive favorable outcomes in criminal cases. However, we cannot win every case. In some cases, a Jacksonville Criminal Defendant will be sentenced to serve time in jail or prison. Not only is this disappointing to the Jacksonville Criminal Defense Attorney that fought to keep the client out of jail, but it devastates the client’s family.

Imagine that a husband and father of four is sentenced to 13 months in Florida State Prison. He is the sole provider for the family. His wife only has a high school education and has spent the past 10 years raising his children. She has three children in school and one toddler at home. Now, that her husband is gone. She must go back to work. She must pay for daycare and try to pay the bills on her own. She tries to find a job, but due to her lack of further education and experience, she cannot find a job that will cover her mortgage payment. Thus, her home becomes the subject to a foreclosure action. Now, she and her four children are going to be homeless.

As a Jacksonville Criminal Defense Attorney, I have learned that representation of a criminal defendant does not always stop when the criminal case closes. Often, the Jacksonville criminal defendant’s family needs representation for a foreclosure case or drafting of estate planning documents or a durable power of attorney. Thus, Jacksonville Criminal Defense Attorneys should be familiar with other areas of practice or be prepared to refer the case to an attorney that practices in those fields.

January 22, 2010

Jacksonville Criminal Attorney and the Duval County Judicial System

by David M. Goldman

As a Jacksonville Criminal Attorney, I am familiar with the Duval County judicial system. I have practiced in front of most of the Jacksonville county (misdemeanor) and circuit (felony and juvenile) court judges. As a Jacksonville resident and registered voter, I am familiar with the election of Duval County judges. In Jacksonville, the public elects its judges. I assumed that other states elected their state judges as well. However, this assumption was incorrect.

Today, I was taking a criminal certified legal education course in South Carolina. I was the only Jacksonville Criminal Attorney in the room. I learned that South Carolina residents do not elect thier judges. Instead, the judges are appointed by a committee. The committee investigates the judicial candiates and chooses three candidates. Then, one canditate is appointed from the three people.

South Carolina’s judicial appointment process may be more beneficial to criminal defendants. It is no surprise that Jacksonville criminal defendants are not the most respected members of society. Many people do not respect a criminal defendant’s rights they way that they should or in the manner that the constitution demands. Indeed, when judges run for office, they take a stance that they are “tough on crime.” While crimes should be properly punished, judges should make decisions based upon the evidence presened and argument rendered by counsel. They should not be influenced by the public’s perception that a judge should be “tougher” on crime. Perhaps, if we did not publically elected judges, we would not have the outside influence of public perception in the criminal courtroom.

January 20, 2010

Criminal Defense Lawyers in Jacksonville

by David M. Goldman

If a person goes through the yellow pages of the telephone book, he or she would be overwhelmed with the amount of criminal defense attorneys available in Jacksonville, Florida. However, selecting an attorney is not an easy process. Often, people will ask me whether or not they should hire a private attorney or use an attorney at the public defender office. My response is “if you can afford a private attorney, you should hire one.”

First, the services of the office of the public defender in Jacksonville are only for those clients that cannot afford an attorney. A public defender is not appointed to everyone that wants an attorney, just for those that do not have funds available to hire a Jacksonville Criminal Defense Lawyer.

Second, a Jacksonville criminal defendant cannot chose which attorney at the public defender will represent him. Therefore, if he is unhappy with his public defender, he cannot “shop around” and request another attorney be appointed. There are different types of attorneys at the public defender office and in private practice. Some attorneys are better than others. When you hire a Jacksonville criminal attorney, you have the option of meeting with the attorney and choosing which attorney better suits your needs.

January 14, 2010

Can You Seal or Expunge a Florida Criminal Record if Your Juvenile Record Has Been Sealed?

by David M. Goldman

In Florida, if a juvenile criminal defendant successfully completes a pretrial diversion program, his charges are dropped and he record may be sealed pursuant to Florida Statute 943.0582. Although this Florida Statute uses the term “sealed,” it differs significantly with respect to the “record sealing” that most people are familiar with.

Most Florida record seals and expunctions are made pursuant to other Florida laws. Florida Statute Section 943.059 governs record sealing, while Florida Statute Section 943.0585 covers record expunctions. If a Florida criminal defendant wishes to have his record sealed or expunged under these statutes, he cannot have a prior record seal or expunction. However, a Florida juvenile criminal defendant that has had his Florida criminal record sealed in accordance with Section 943.0582 may have another charged sealed or expunged. Therefore, if a criminal defendant is otherwise eligible to have his record sealed or expunged pursuant to Sections 943.059 or 943.0585, a prior seal under Section 943.0582 will not prevent a subsequent one.

If you are interested in getting your Florida Criminal Record Sealed or Expunged, contact a Florida Sealing and Expunging Attorney.

January 8, 2010

Florida Judge is Reversed for Violating Florida Criminal Defendant’s Right to a Fair Trial

by David M. Goldman

The Sixth Amendment of the United States Constitution guarantees the right to a fair and impartial trial. The Sixth Amendment is made applicable to the States, including Florida, via the Fourteenth Amendment. Pursuant to Rule 3.600(b)(8) of the Florida Rules of Criminal Procedure, a Florida Criminal Defendant shall be granted a new trial if:

he did not receive a fair and impartial trial;
this was not due to the defendant’s own actions; and

January 6, 2010

Florida Jurors are Permitted to Ask Questions in Florida Criminal Jury Trial

by David M. Goldman

The Florida Supreme Court recently made changes in the law which allow jurors to take notes and question witnesses in civil cases. As for criminal cases, the judge presiding over the case may decide whether or not to permit such questioning. Some Florida judges permit this type of questioning routinely. For instance, Judge Michael Andrews is the judge presiding over the Diullio murder trial in New Port Richey, Florida. He allowed jurors to ask questions during the trial. The questions were submitted to the judge in writing to determine if the questions may be asked. For example, while a jurors were permitted to ask what clothing Diullio and his co-defendants were wearing on the night of the murder, they were not permitted to ask whether Diullio had a criminal record. The reason this question was not asked is because it violates the Florida Rules of Evidence. Therefore, Florida jurors may not ask a question that an attorney would not be permitted to ask.

Some Florida judges do not allow jurors to ask questions in criminal cases. Circuit Court Judge, Pat Siracusa, does not permit such questioning. She believes that it is the prosecutors burden to prove the case. When jurors ask questions, they leave their role of the neutral fact-finder and become investigators.

To learn more about John Ditullio’s murder trial, visit www.tampabay.com. If you have questions about a Florida Criminal Case, contact a Jacksonville Criminal Attorney.

January 4, 2010

Jacksonville Florida Traffic Citation: Can You Be Cited for Flashing Your Headlights?

by David M. Goldman

Drivers flash their lights by going from a low beam to a high beam. Usually, a Jacksonville driver does this to indicate to others drivers that there is something that they should be aware of. For instance, if a prudent driver sees a disable car on the side of the road, he may flash his lights to inform the oncoming vehicle of a dangerous situation. This could protect people in the disable vehicle as well on the driver and passengers of the oncoming vehicle. As a child, my mother would flash her lights at other vehicles when she saw a dog wandering the highway. She did this to get the other vehicles to slow down.

Sometimes, Jacksonville drivers are ticketed for flashing their high beams at other vehicles. Jacksonville police officers issue the citation pursuant to Florida Statute 316.2937(7) which states that “flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in” this Section. However, this is not permitted. This Florida law was not meant to prohibit flashing your high beams in the manner listed above. In fact, a handbook issued by the Florida Department of Highway Safety and Motor Vehicles recommends that a driver flash his high beams at an oncoming vehicle that if another vehicle is approaching with its high beams illuminated. In

State v. Cason, a Seminole County court ruled that Florida Statute Section 316.2397(7) does not prohibit a driver from flashing his high beams or turning his lights on and off. The court found that it did not matter that the driver was doing so with the intent to warn other drivers of a police officer with a radar device.

December 24, 2009

Florida Illegal Seizure Leads to Suppression of Cocaine

by David M. Goldman

In Florida, evidence that is obtain as a result of an unlawful search or seizure can be suppressed. Normally, a Jacksonville Criminal Defense Lawyer will analyze the case to determine whether an illegal search or seizure has occurred. If one has taken place, the Jacksonville Criminal Defense Lawyer will likely filing a motion to suppress any evidence retrieved due to such conduct.

For instance, the Florida Third District Court of Appeals held that the defendant’s motion to suppress should have been granted, because the cocaine that she was charged with possessing was found as a result of unlawful police detention. In Hidelgo v. State, Ms. Hidelgo was the passenger of a vehicle that was stopped due to a traffic violation. She and the driver consented to a search of the vehicle. During this search, police patted down Ms. Hidelgo, handcuffed her, and placed her in the police car. The police did not find anything in the vehicle, and Ms. Hidelgo and the driver were free to leave. After this, an officer searched the back of the car in which Ms. Hidelgo was held. He found a plastic bag with cocaine. The officers stopped the vehicle once again and arrested Ms. Hildelgo. She was charged with Florida Possession of Cocaine.

The Florida Third District Court of Appeals ruled that the stop and search of the vehicle were legitimate. Although Ms. Hidelgo consented to the search of the vehicle, the State of Florida did not present evidence to establish that she “consented to being handcuffed and place by herself in the back of a police vehicle for a lengthy period of time.” She was treated as if she was under arrest as she was not free to leave.

December 23, 2009

Jacksonville Home Invasion Armed Robbery Investigation Leads to Two Arrests

by David M. Goldman

On Saturday night, December 19, 2009, Jacksonville police officers found Jacksonville resident, Corey Formey, dead in his home near 103rd Street. Two suspects have been arrested in connection with this case. Jerry Drake was arrested for the murder, while Valorie Grant is being charged as an accessory after the fact. Both defendants lived in Chase Ridge Apartments, the same apartment complex as Mr. Formey.

Police believe that the Mr. Drake committed the Jacksonville home invasion armed robbery in order to obtain drugs and money. According to Jacksonville media reports, Mr. Formey was a drug dealer. His apartment was found in disarray, so it is likely that a struggle may have occurred, or the culprit searched the home for drugs and money.

Mr. Drake will be charged with first degree murder in Jacksonville, Florida, because the murder was committed while engaged in a robbery. According to Florida Statute Section 782.04, this is a capital felony punishable by death or life in prison. If Mr. Drake used of a firearm, he will be subject to Florida’s 10-20-Life Statute, resulting in a minimum mandatory sentence of life in prison. Since Ms. Grant is charged an accessory after the fact for first-degree murder, she will be charged with a first-degree felony, pursuant to Florida Statute Section 777.03. She can receive up to thirty years in Florida State Prison.

December 22, 2009

Florida Search and Seizure: Mere Possession of a Weapon is Not Grounds to Search

by David M. Goldman

Unreasonable searches and seizures are unconstitutional. If a police officer violates this prohibition against unlawful searches and seizures, any evidence that was found due to such violation can be suppressed. Therefore, the evidence cannot be introduced at trial.

In Florida, there are three types of police encounters:

a consensual encounter in which a person is free to leave at any time;
a investigatory stop (Terry Stop) in which the person is not free to leave, but the police officer may only pat the subject down and the officer must have a well-founded suspicion of criminal activity; and
an arrest that is supported by probable cause to believe that a crime has occurred (or is being committed).

Recently, the Florida Fourth District Court of Appeals addressed this issue. In Regalado v. State, an anonymous tipster informed police that Mr. Regalado was in possession of a firearm. An officer stopped Mr. Regalado and patted him down. As a result, he founded a gun on Mr. Regalado. Mr. Regalado filed a Motion to Suppress the weapon due to an unlawful search and seizure. The trial denied Mr. Regalado’s motion. The Florida appellate court reversed this decision and granted his motion. The court ruled that: