Jacksonville Criminal Defense Lawyer Blog

March 9, 2009

Are Silencers Legal to Own in South Carolina

Possession of most Title II weapons are regulated by South Carolina law under Title 16. However, silencers are not mentioned in the statue, but that does not make it legal to possess a silencer in South Carolina. In order to possess Title II weapons you must comply with state and federal law. While South Carolina law does not make the possession of silencers illegal, federal law does. Therefore, to obtain a silencer in South Carolina you must apply to the Bureau of Alcohol, Tobacco, and Firearms (ATF) via a Form 4 application receive approval, and pay the $200 federal tax stamp. The ATF has certain requirements for individual applicants and other requirements for trusts and corporations that apply to purchase Title II weapons. A nice thing about using a NFA trust is that no CLEO signature or fingerprints are required. For more information about Title II weapons visit www.guntrustlawyer.com or contact a South Carolina Firearm Attorney.

March 9, 2009

South Carolina Gun Laws for NFA Firearms

by David M. Goldman

Section 16-23-220 of the South Carolina Code of Laws prohibits the possession of machine guns, sawed off shotguns, and sawed off rifles. These firearms are commonly known as NFA firearms, Title II firearms, or Class 3 weapons. However, you can legally possess an NFA firearm in South Carolina if it complies with federal law and NFA regulations. Therefore, if a South Carolina gun owner obtains his Class 3 stamp from the Bureau of Alcohol, Tobacco, and Firearms (ATF), he may possess that Title II firearm in South Carolina.

A South Carolina NFA trust is a smart way to own and possess a Title II weapon in compliance with federal and state law. There are many benefits to obtaining a Title II weapon using a South Carolina Gun Trust, including protection against unlawful transfers. To learn more about possessing a Title II firearm in South Carolina, contact a South Carolina Gun Lawyer. Additionally, you can visit www.guntrustlawyer.com for information about NFA gun trusts.

March 2, 2009

Jacksonville DUI Attorney Discredits Officer’s Administration of Field Sobriety Test

by David M. Goldman

In Jacksonville, when a person is arrested for Driving While Under the Influence (DUI), the DUI driver is asked take a breath-test. If the DUI driver refuses, his driver’s license will be suspended for 12 months pursuant to Florida Statute Section 322.2615. However, before this occurs, the DUI driver is entitled to a hearing at the Florida Department of Highway Safety and Motor Vehicles (DMV).

Today, I represented a person charged with a Jacksonville DUI at a DMV hearing. The arresting officer was a Drug Recognition Expert (DRE), Officer M. T. Borgert. At the start of the Jacksonville DMV hearing, I asked him about one of the Field Soberiety Tests that he administered called “HGN.” This test is used in many Jacksonville DUI cases. The officer moves a pen across the driver’s face to help him determine if the driver is driving under the influence. The HGN test is a standard test that should be performed the same way every time. However, in this Jacksonville DUI case, Officer Borgert did not perform the standardized test properly as evidenced by the DUI video. Most people will watch a DUI video and not notice this, because it is not obvious. As a Jacksonville DUI Attorney, I paid very close attention to the way he administered the test. Therefore, I was able to discredit Officer Borgert’s testimony and the reliability of the HGN test at the Jacksonville DMV hearing.

When I was in law school, I had a professor that always stated “the devil is in the details,” and as a Jacksonville DUI Attorney, I cannot agree more. Jacksonville DUI Attorneys must pay close attention to every detail in a DUI case. Field Sobriety Tests must be performed properly to be valid. If you are arrested for DUI in Jacksonville, you should contact a Jacksonville DUI Attorney to evaluate your case.

February 27, 2009

Jacksonville Speeding Tickets Can Lead to a Suspended Driver’s License

by David M. Goldman

For most people, the easiest way to handle a Jacksonville speeding ticket is to pay the fine and forget about it. This is not a smart way to dispose of your Jacksonville traffic ticket. When you pay the Jacksonville speeding ticket, you are adjudicated guilty of driving at an unlawful speed. This will result in points being added to your Florida driver’s license. These points can result in increased automobile insurance rates and may result in your license being suspended.

In Jacksonville, Florida, if you exceed the speed limit by greater than 15 miles per hour, four points will be accredited to your Jacksonville driver’s license. If you were traveling 15 miles per hour or less over the speed limit, you will earn three points. If receive the following points on your Jacksonville driver’s license, your driver’s license will be suspended.

12 points within 12 months results in a 30 day suspension.
18 points within 18 months results in a 3 month suspension.
24 points within 36 months results in a one year suspension.

To learn more about Jacksonville speeding tickets and Jacksonville driver license suspensions, see Florida Statute Section 322.27 and contact a Jacksonville Speeding Ticket Lawyer. A Jacksonville Traffic Ticket Lawyer can help you keep your driver’s license and avoid additional points on your license.

February 24, 2009

Can I Seal My Florida Criminal Record?

by David M. Goldman

“Can I seal my Florida Criminal Record” is a question that I am asked almost everyday. While each Florida Record Sealing case is different, you can evaluate your case by answering a series of questions. I have included these on Law Office of David M. Goldman PLLC’s website at www.jacksonvillelawyer.pro. I developed these questions based on Florida Statute Section 943.0585 which addresses court-order expunction of Florida criminal history records.

To learn more about Sealing a Florida Criminal Record, contact a Jacksonville Record Sealing Lawyer.

February 23, 2009

Jacksonville DUI Lawyer: Officers Use Warrants to Force Blood Draws

by David M. Goldman

Jacksonville DUI blood draws are only permitted under certain circumstances. In a Jacksonville Driving Under the Influence (DUI) case, a police officer cannot force a driver to give a blood sample unless the Jacksonville DUI resulted in a car accident involving death or serious bodily injury (see Florida Statute Section 316.1933). Some Jacksonville DUI officers have disregarded this Florida law, and forced blood test on drivers charged with DUI. After the driver refuses the breath test, the Jacksonville DUI officer obtains a search warrant allowing him to force the blood draw. Florida Statute Section 316.1933 clearly states that a blood draw is limited to a Jacksonville DUI that involved serious bodily injury. This type of warrant gives another exception that the legislature did not create. If this occurs, a Jacksonville DUI Attorney should file a Motion to Suppress the results of the blood test.

February 23, 2009

Jacksonville DUI Blood Draws Are Permitted Under Certain Circumstances

by David M. Goldman

A driver charged with Driving Under the Influence (DUI) in Jacksonville has the option to refuse a breath and/or urine test under Florida’s Implied Consent Law. If the driver refuses the breath or urine test, the refusal can be used against him, and if he submits to the testing, the results can be used against him.

In some Jacksonville DUI cases, the police officer may request a blood draw. According to Florida Statute Section 316.1932, a police officer may request a blood test if the driver is at a medical facility for treatment, and administering a breath or urine test would not be practical. If a Jacksonville DUI case falls under this statute and the driver is conscious, he has the option of refusing the test. Under Florida Statute Section 316.1933, a police officer can force a driver to submit to a blood test if the Jacksonville DUI case involves death or serious bodily injury. If blood is drawn in violation of Florida law, a Jacksonville DUI lawyer should file a Motion to Suppress the results of the blood-draw.

February 22, 2009

How to Stop Your License From Being Suspended as a Habitual Traffic Offender

by David M. Goldman

In order to be a Jacksonville habitual traffic offender, the driver must have a certain number of traffic offenses as listed in Florida Statute Section 322.264. Quite often, a driver does not even know that he or she is eligible to be a Jacksonville habitual traffic offender, until the driver receive notice in the mail that his driver’s license is going to be suspended. Once this occurs, it seems as if there is nothing left for the driver to do except become a Jacksonville habitual traffic offender and lose his license for five years.

There is a way to remedy this problem. The driver can petition the court to reopen his case and allow him to withdraw his guilty plea or modify the sentence. For example, if the driver has three convictions for driving with a license suspended or revoked, his Jacksonville driver’s license will be suspended as an habitual traffic offender. However, the driver can request that one of convictions be withheld or ask the court to amend the charge to driving without a valid license under Florida Statute Section 322.03. If the court grants the petition, the driver will only have two convictions for driving with a license suspended or revoked, and his Jacksonville driver’s license will not be suspended.

To learn more about how to prevent your Jacksonville driver’s license from being suspended, you can contact a Jacksonville Driver’s License Lawyer.

February 21, 2009

Can I Expunge My Florida Criminal Record?

by David M. Goldman

“Can I expunge my Florida Criminal Record” is a question that I hear often. As with all other aspect of the law, each Florida Record Expunction is different. However, you can evaluate your case by answering a series of questions which I have posted on Law Office of David M. Goldman PLLC’s website at www.jacksonvillelawyer.pro. I developed these questions based on Florida Statute Section 943.0585. This Florida law addresses court-order expunction of Florida criminal history records.

To learn more about how to Expunge a Florida Criminal Record, contact a Jacksonville Record Expunging Lawyer.

February 20, 2009

How does a Jacksonville Criminal Defendant Avoid a Felony Conviction?

by David M. Goldman

Under Florida Statute Section 775.08435, a judge can withhold adjudication on a felony unless the Jacksonville criminal defendant falls into one of the following categories:

He is charged with a capital, life, or first degree felony.
He is charged with a second degree felony.
He is charged with a third degree felony and has received a previous withhold of adjudication.

A Jacksonville criminal defendant that falls under category (2) or (3) above can still receive a withhold of adjudication in the following situations:

the prosecutor requests it in writing or
the court makes a written finding that a withhold of adjudication is reasonable.

However, the court cannot withhold adjudication of guilt if the Jacksonville criminal defendant has two or more prior felony withholds from a previous case.

In Jacksonville, Florida, it is more difficult to avoid a felony conviction and obtain a withhold, instead of a conviction, if the Jacksonville criminal defendant already has a criminal record. This Florida Statute reflects this. Therefore, if you do not have a criminal record, and you are charged with a felony, you are more likely to receive a withhold than someone that does have a criminal record.