Jacksonville Criminal Defense Lawyer Blog

September 30, 2009

Jacksonville Habitual Traffic Offender Lawyer

A Florida Habitual Traffic Offender is defined in the Florida Statutes. Florida Statute Section 322.264 lists the criteria for a driver to qualify as a habitual traffic offender (HTO). The Florida Department of Motor Vehicles will evaluate a person’s driving record for the past five years to make this determination. If a Jacksonville driver has a certain amount of the traffic convictions, his or her license will be suspended for five years as a Jacksonville Habitual Traffic Offender.

A Jacksonville driver must have three or more convictions, arising out of separate incidents, of the following to result in a Jacksonville HTO Suspension:

involuntary or voluntary manslaughter due to the operation of a motor vehicle;
driving under the influence (DUI);
a felony in which a motor vehicle was used to commit the crime;
driving with a license suspended or revoked (knowingly or unknowingly);
driving a commercial vehicle when such privilege has been suspended or revoked; or
failing to render aid in a crash that results in death or bodily injury.

September 22, 2009

Jacksonville Child Abuse Attorney: New Arrest for Child Abuse in Jacksonville

by David M. Goldman

On September 21, 2009, Chaddrick Banks was charged with Jacksonville Aggravated Child Abuse. According to local media reports, “Chaddrick Banks had been watching the child Monday night when he called 911 and told a dispatcher the baby had ‘just stopped breathing.’ When the ambulance arrived at the hospital, police said doctors found the baby’s skull was fractured and there was bleeding in the brain.”

In Jacksonville, Florida, Aggravated Child Abuse is a first-degree felony. Florida Statute Section 827.03(2) states that Jacksonville “Aggravated child abuse” occurs when a person:

Commits aggravated battery on a child;
Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
Knowingly or willfully abuses a child and in so doing causes great bodily harm,
permanent disability, or permanent disfigurement to the child.

To speak with a Jacksonville Child Abuse Attorney, at (904) 685-1200.

September 8, 2009

DUI Charges Filed in Jacksonville for Atlantic Beach SUV/Bicycle Accident

by David M. Goldman

In September 5, 2009, in Atlantic Beach Florida, a Bicyclist was seriously injured after being involved in an accident with an SUV. Yesterday, the driver of the SUV, William Adams, was charged with Driving on a Suspended License and Driving Under the Influence in Jacksonville, Florida.

Due to the injury involved in this case, Adams was likely charged with Driving Under the Influence Resulting Serious in Bodily Injury. In Jacksonville Florida, DUI with serious bodily injury is a third-degree felony. As such, it is punishable by up to five years in prison. Additionally, this type of DUI will score Florida prison guidelines, so Adams is looking at a minimum prison sentence, unless his Jacksonville DUI lawyer can mitigate this.

Another issue that should concern Adams, or anyone else charged with Jacksonville DUI with serious bodily injury, is the fact that serious bodily injury may turn into death. If the bicyclist were to die due to the injuries inflicted from the accident, Adams will be charged with DUI manslaughter. Jacksonville DUI manslaughter is normally a second degree felony, unless the defendant knowingly failed to render aid or give necessary information. In that case, it is a first-degree felony. As such, the penalties increase. Either way, a Jacksonville DUI charge of this nature requires immediate attention.

August 28, 2009

Jacksonville DUI: Accident Report Privilege Results in Inadmissible Evidence

by David M. Goldman

The accident report privilege is a Florida law that prohibits the introduction of evidence obtained by a police officer while investigating an accident. Normally, a police officer avoids this by informing the defendant that he is “switching hats.” The officer tells the defendant that he is no longer investigating the crash, but instead, he is investigating a possible crime, such as DUI.

A recent Florida DUI (Driving Under the Influence) case from the 9th circuit held that certain evidence in a Florida DUI case would be inadmissible due to the accident report privilege. In State v. Peltz, FLWSUPP 169PELTZ (June 10, 2009), a Florida State Trooper arrived at the scene of an accident in which the defendant crashed into a power pole. By the time the trooper arrived, the defendant was being escorted out of the vehicle. While investigating the crash, the defendant told the trooper that he was the driver of the vehicle. According to Vender v. State, this type of driver identification is protected by the accident report privilege. Vender, 849 So. 2d 1207, 1212 (Fla. 5th DCA 2003). The prosecutor failed to present any evidence, besides the trooper’s testimony, that the Defendant was the driver of the vehicle. Eventually, the trooper told the Defendant that he was going to conduct a criminal investigation, and he read the defendant his Miranda warnings. After doing so, he asked the defendant to “re-explain” the accident.

The court ruled that “Florida law excludes statements made by a defendant subsequent to the reading of his Miranda rights which merely ‘restate’ or ‘re-explain’ statements the defendant made during the crash investigation, these statements, too, are inadmissible at trial.”

August 27, 2009

Jacksonville Theft Conviction Leads to Suspended Florida Driver’s License

by David M. Goldman

Many defendants charged with Jacksonville Petit Theft enter a plea of guilty or no contest to the offense without regard to the consequences such plea may have on the status of their Florida driver’s license. A plea to a Jacksonville theft crime may result in Florida driver’s license suspension ranging from 6 months for a first theft conviction to 12 months for a second or subsequent conviction.

Florida Statute Section 812.0155 gives the court the authority to order a Florida Driver’s License suspension for anyone convicted of a theft crime. Additionally, this law mandates that the court order the suspension of a Florida Driver’s License for anyone that has more than one conviction of theft.

If you are charged with a Theft Crime in Jacksonville, contact a Jacksonville Theft Attorney to discuss all aspect of your case.

August 20, 2009

Jacksonville Juvenile Sentenced to Life in Prison 10 Years Ago

by David M. Goldman

Jacksonville Juvenile, Joshua Phillips, was sentenced to life in Florida State Prison approximately 10 years, but he has spent in the past eleven years in custody for the murder of Maddie Clifton. At the time of the Jacksonville homicide, Joshua was only 14 years old, and Maddie was 8 years old. Due to the circumstances surrounding the crime, the presiding Duval County Florida judge sentenced Joshua to life without parole, the harshest sentence available to juveniles of that age.

Many Jacksonville Florida residents have a strong opinion one way or another about this case. Some follow the “eye for an eye” theory. They believe that Joshua should not be given a second chance, because Maddie cannot have a second chance. This theory concentrates more on retribution than on rehabilitation. Perhaps, the belief revolves around the idea that a person that commits a certain type of crime is beyond rehabilitation, no matter the age of the offender.

On the other hand, others believe that Joshua should have the opportunity to present evidence to a parole board in order to determine if he has been sufficiently rehabilitated to reenter society. In fact, the Juvenile Justice Accountability and Improvement Act, H.R. 2289, is a congressional bill that is pending regarding this matter. H. R. 2289 would allow Jacksonville Juvenile Defendants, such as Joshua, to go before the parole board. Those that support this act believe that juveniles should not be treated as adults. This theory is premised on the research that has established that juveniles’ brains are not fully developed. Therefore, they cannot be held to the same standard as adults. Visit freejosh.com for more information.

August 20, 2009

Men Can Be Victims of Jacksonville Domestic Violence

by David M. Goldman

In my practice as a Jacksonville Domestic Violence Attorney, I have seen many men that were the true “victims” in domestic violence cases. Quite often, a woman will become violent with the man. In some cases, the man must defend himself from her. However, if the police come to the door, they may listen to both stories, but they end up arresting the man or both of them for Jacksonville Domestic Battery. This is based upon the premise and stereotype that men are the abusers in a relationship, but this is not always the case.

A recent U.S. study surveyed 11,000 men and women. This study “found that according to both men’s and women’s accounts, 50 percent of the violence in their relationships was reciprocal (involving both parties). In those cases, the women were more likely to have been the first to strike. Moreover, when the violence was one-sided, both women and men said that women were the perpetrators about 70 percent of the time.” For an great example of such a situtation, read “No One Believed Me: When Men Are Victims of Domestic Violence” by Glenn Sacks, M.A. and Ned Holstein, M.D.

Jacksonville, Florida is no different from the rest of the country. Jacksonville residents are arrested for alleging abusing their girlfriends or wives that do not deserve to be. That is why it is important to address every Jacksonville domestic violence case with an open mind, and not succumb to stereotypes.

August 14, 2009

Jacksonville Probation Violations: Keep Track of Everything You Do

by David M. Goldman

Jacksonville plea bargains often result in probation sentences. As part of a negotiated sentence, the Jacksonville criminal defendant is placed on probation for a certain amount of time. He must comply with the standard conditions of probation, such as meeting with his probation officer and paying a monthly fee. Additionally, the Jacksonville probationer usually will have special conditions of probation, such as random urine tests, mental health and/or drug and alcohol counseling.

For example, the standard probation sentence for a first DUI in Jacksonville, Florida is as follows:

50 hours of community service;
Level one DUI school;
Victim Impact Panel;
Fines and court costs (totaling over $1000.00); and
Ten day vehicle tag impoundment.

If the probationer does not complete all of these conditions within the time period mandated by the court, the Jacksonville probation officer will violate his probation. Once this occurs, a warrant is issued, and the probationer is arrested.

The best thing that a criminal defendant can do, once he is place on probation in Jacksonville, is to keep a journal of everything that involves his probation. This journal should state what happened and the date that the occurrence takes place. Moreover, he should keep all documents associated with the occurrence.

August 13, 2009

North Florida Jury Convicts Teen of Murder After Hearing Her Confession

by David M. Goldman

In Putnam County, Florida, a 16-year-old girl was conviction of murder, burglary, and assault. While in police custody, the Florida teen confessed to helping her boyfriend kill the disable 66-year-old man. It took the jury only two hours to find her guilty.

Confessions can be devastating to a criminal case. In most instances, the defendant is lured into the confession. Often, a police officer states that the defendant is only helping herself by speaking with him, but this is far from the truth. Any one that is charged with a crime, should exercise their right to remain silent and have an attorney present for questioning. If a defendant wants to answer and officer’s questions, she should have an attorney in the room when doing so. Police officers have experience in interrogating suspects, whereas most suspects do not have experience in this area. Thus, the playing field is not level. In order to keep things fair, an attorney should be there to advise the defendant.

As a Jacksonville criminal defense lawyer, I have represented many clients that had great cases until I received a copy of the confession. In some cases, I was able to get the confession suppressed, so the jury never gets to hear it. However, this does not happen in all cases. The moral of the story… when an police office says “you have the right to remain silent,” do not talk. If you still have the desire to speak with the officer, tell him that you will speak to him, but you would like to have an attorney present. If he does not want to talk to you after that, then he has something to hide.

July 30, 2009

Florida Battery Record: Can I Seal or Expunge My Florida Battery Charge?

by David M. Goldman

As a general rule, you can seal or expunge a Florida criminal record so long as you have not been convicted of a crime. Therefore, if you received a withhold of adjudication, you can seal your record. However, there are certain criminal offenses that cannot be sealed or expunged, even if adjudication is withheld, if you plea guilty or no contest to the charge. These criminal offenses can be found in Florida Statute Section 907.041. For example, you cannot seal or expunge a Florida aggravated battery or Florida domestic battery if you have pled guilty or no contest to such charge. This is the law regardless of whether or not you received a conviction or a withhold of adjudication.

Two questions still remain:

After researching such questions and submitting cases to the Florida Department of Law Enforcement (FDLE) for review, it appears that you cannot have the record sealed if you pled to a lesser or amended offense, but you can if the charges were dropped. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.