Jacksonville Criminal Defense Lawyer Blog

February 18, 2009

Jacksonville Criminal Lawyers Seek Evidence from State Attorneys

Jacksonville criminal lawyers know how important the criminal discovery process is. The evidence that a Jacksonville criminal lawyer obtains from this process determines what route to take in a case. More importantly, Jacksonville criminal lawyers advise their clients based on the evidence discovered. Therefore, discovery is the most important part of a case. Jacksonville criminal lawyers seek all the evidence that the State of Florida has against a criminal defendant, and the State has an obligation to provide it. However, this does not always happen.

Florida law provides a remedy when the state fails to disclose evidence called a Richardson Hearing. If a discovery violation occurs, the trial court must hold a hearing. At the Richardson Hearing, the trial court must ask 3 questions:

Was the State’s violation willful and inadvertent?
Was the violation substantial?
What effect did it have on the criminal defendant’s ability to prepare for trial?

If a Jacksonville criminal lawyer succeeds at the Richardson Hearing, the trial court must determine what remedy is proper. In some cases, the court merely allows the defense a few more minutes to adjust its case. In other cases, the court will penalize the State and refuse to allow the evidence to be submitted to the jury.

February 16, 2009

Jacksonville Gun Crimes and Liability

by David M. Goldman

Imagine someone steals your gun from your Jacksonville residence, and he shoots someone with it. Are you liable for this Jacksonville gun crime? Maybe. The answer depends on the facts of your case. For example, under Florida Statute Section 790.174, Jacksonville residents must store their guns in a securely locked box or other secure location if they know or should know that a minor is likely to access the gun. If this Florida statute is violated and a minor obtains possession of the gun, the Jacksonville resident can be charged with a second-degree misdemeanor.

Jacksonville gun owners should be aware that they can be liable for negligent entrustment of a gun. As a Jacksonville gun owner, you have a legal responsibility to keep your gun safe and secure. Jacksonville gun owners must be cautious of allowing other people to borrow the gun or have access to the gun. In some cases, a Jacksonville gun owner may sued for negligence if someone takes the gun and injures another person with it, if the Jacksonville gun owner was negligent in storing the gun or allowing the gun to be available to another person.

To learn more about Jacksonville gun crimes and the liability involved with owning a gun in Jacksonville Florida, contact a Jacksonville Gun Lawyer or visit www.jacksonvillelawyer.pro.

February 2, 2009

Defenses to Jacksonville DUI HGN Test

by David M. Goldman

Jacksonville DUI officers administer the Horizontal Gaze Nystagmus test is as a standard field sobriety test. A Jacksonville DUI defendant can defend against the HGN test in many ways.

There are medical reasons that Jacksonville DUI suspect may exhibit nystagmus (jerking of the eye), other than due to alcohol impairment. Nystagmus can result due to pathological disorders, such as brian tumors, brian damage, and brian injuries. This can be noted if the Jacksonville DUI defendant has pupils that are different sizes, the eyes jerk even when the DUI suspect is looking strait ahead, or the eye’s do not track together.
The Jacksonville DUI officer did not perform the test correctly. Some police officers will hold the pen light too close or too far from the Jacksonville DUI suspect’s face. It should be 12 to 15 inches from his face. The police officer moves the object too slowly or quickly, instead or slowly and smoothly. The police officer does not make a strait line, and curves the pen to the side, upward, or downward.

To learn more about Jacksonville DUI HGN tests contact a Jacksonville DUI lawyer or visit Jacksonville DUI HGN Test Information blog.

February 1, 2009

Jacksonville DUI HGN Test Information

by David M. Goldman

Horizontal Gaze Nystagmus (HGN) test is a field sobriety test that is used in Jacksonville DUI cases. The Jacksonville DUI officer uses a pen light to track the DUI suspect’s eyes. The DUI officer looks for three clues on each eye.

Smooth Pursuit: The Jacksonville DUI officer moves the pen light smoothly and slowly from the center all the way out to his right side, checking the Jacksonville DUI suspect’s left eye. Then, the DUI officer moves it his left side, checking the DUI suspect’s right eye. The Jacksonville DUI officer returns the pen light back to the center of the driver’s face. This takes approximately two seconds. The Jacksonville DUI officer must do this portion of the test at least twice. He is looking for the eye to “lack smooth pursuit” and make a jerking motion.
Nystagmus at Maximum Deviation: The Jacksonville DUI officer holds the pen light as far to the right as possible, checking the Jacksonville DUI suspect’s right eye. He is looking for a distinct and sustained jerking of the eye. The Jacksonville DUI officer does the same to the right eye. He must check each eye at least twice.
Nystagmus Prior to 45 Degrees: The Jacksonville DUI officer uses the pen light to notice when the eye begins jerking. Usually, the officer is looking for the Jacksonville DUI suspect’s eyes to begin jerking before the pen light reaches a 45 degree angle. The 45 degree angle occurs approximately at the Jacksonville DUI suspect’s shoulders. This is also performed twice on each eye.

To learn about defenses to Jacksonville DUI HGN test, contact a Jacksonville DUI lawyer or visit Defenses to Jacksonville DUI HGN Blog.

January 31, 2009

Jacksonville DUI Lawyer: Walk and Turn Test Defenses

by David M. Goldman

Jacksonville DUI officers use the Walk and Turn test, along with other field sobriety tests, to determine if a Jacksonville DUI suspect is impaired. Due to the unfair nature of this test, there are many ways to discredit this DUI test. For example, this test has a maximum number of eight clues. The first two clues occur during the instruction phase. The Jacksonville DUI officer requires the Jacksonville DUI defendant to stand with one foot in front of the other while listening to instruction. If the Jacksonville DUI suspect (1) cannot balance or (2) starts too soon, the Jacksonville DUI officer will count a clue for each. Then next four clues occur during the walk. If the Jacksonville DUI suspect (3) pauses, (4) misses heel-to-toe, (5) steps off the line, or (6) uses his arms to balance, the Jacksonville DUI officer will count a clue for each. The Jacksonville DUI officer will count another clue (7) if the Jacksonville DUI suspect does not turn as instructed and another clue (8) if he does not take nine steps down and nine steps back. If a Jacksonville DUI suspects exhibits two of the eight clues, this implies that he is impaired. This does not make sense. If a person takes a test and misses 2 out of 8 questions, he would receive a grade of 75. This is a passing score. Why does the Jacksonville DUI suspect fail the test with a score of 75?

To learn more about Jacksonville DUI Walk and Turn tests contact a Jacksonville DUI attorney or visit Jacksonville DUI Walk and Turn Information Blog.

January 30, 2009

Jacksonville DUI Attorney: Walk and Turn Test Information

by David M. Goldman

Jacksonville Florida DUI Officers use a field sobriety test called the walk and turn test in order to determine if a Jacksonville DUI suspect is impaired by alcohol. The Jacksonville DUI officer gives the driver instructions about the test. While he is giving instructions, the Jacksonville Florida DUI suspect must keep the left foot directly in front of the right foot and keep his arms by his side. If the Jacksonville DUI suspect is unable to maintain his balance, the DUI officer will hold this against him. Once the test begins, the driver must take nine heel-to-toe steps down a line, turn using small steps with only one foot, and walk back nine more steps in the same fashion. If the Jacksonville DUI suspect misses his heel to toe by only one-half inch, the officer will note this as a clue that the driver is impaired. The Jacksonville DUI suspect must watch his feet the entire time, keep his arms by his side, and count the steps out loud. If Jacksonville Florida DUI suspect fails to perform any of these properly, the DUI officer will consider this as a sign that the Jacksonville DUI suspect is impaired.

To learn about defenses to the Jacksonville DUI Walk and Turn Test, contact a Jacksonville DUI Attorney or visit Jacksonville DUI Walk and Turn Test Defense blog.

January 29, 2009

Jacksonville DUI Lawyer: One-Leg Stand Test Information

by David M. Goldman

Jacksonville DUI Field Sobriety Tests include the One-Leg Stand test. Florida DUI officers use this test to determine if a Jacksonville DUI suspect is impaired. This test is a DUI test that divides the Jacksonville DUI suspect’s attentions and judges his ability to follow instructions, balance, and count aloud. The test is divided into two stages: the instructions stage and the performance stage. During the instruction phase, the Jacksonville DUI suspect stand with his feet together and his arms by his side, while the Jacksonville DUI officer give the instructions. The Jacksonville Florida DUI officer is watching the Jacksonville DUI suspect sways or loses his balance. During the performance stage, the Jacksonville DUI suspect is required to lift one leg about 6 inches off the ground. The Jacksonville DUI suspect must stand with both legs strait, look at his foot, and count to 30 seconds. The Jacksonville DUI officer is looking for four clues: (1) swaying, (2) using arms to balance, (3) putting the foot down prematurely, and (4) hopping. If the Jacksonville DUI suspect does two of the things lifted above, the Jacksonville DUI officer will imply that he is impaired.

To learn more about Jacksonville DUI One-Leg Stand test and defenses associated Jacksonville DUI charges contact a Jacksonville DUI lawyer or visit Jacksonville DUI One-Leg Stand Defense blog.

January 28, 2009

Jacksonville DUI Attorney: One-Leg Stand Test Defenses

by David M. Goldman

It is standard practice for a Jacksonville Florida DUI police officer to administer a Florida DUI field sobriety test known as the One-Leg Stand test. If a Jacksonville DUI suspect does not preform well on the test, the Jacksonville DUI officer will use this against him. However, there are many other reasons why a Jacksonville DUI suspect may not perform well on this test. For example, the original research conducted for this DUI test shows that people that are at least 50 pounds overweight or over 65-years-old, did not preform well on this test. Additionally, Jacksonville DUI suspect may have trouble balancing due to medical reasons or physical disabilities. The Jacksonville suspect may be fatigued or distracted.

To learn more about this Jacksonville DUI tests, contact a Jacksonville DUI attorney or visit Jacksonville DUI One-Leg Stand Test Information blog.

January 27, 2009

Jacksonville DUI Lawyer: Standard Field Sobriety Tests

by David M. Goldman

In Jacksonville Driving Under the Influence cases, the Jacksonville DUI suspect is asked to take field sobriety tests. Jacksonville field sobriety tests are used by the DUI officer to determine if there is probable cause to arrest the driver for Driving Under the Influence. The Jacksonville DUI officer looks for a certain number of “clues” for each test in order to determine if the driver is impaired. The three main tests administered are:

Horizontal Gaze Nystagmus;
Walk and Turn; and
One-Leg Stand.

The Horizontal Gaze Nystagmus (HGN) Test is commonly referred to as the “pen test.” The Jacksonville DUI officer uses a penlight or similar object and moves the object side-to-side while the DUI suspect watches it. The Jacksonville DUI officer is looking for a maximum total of 6 clues (3 clues per eye) and a minimum of 4 clues. To learn more about the HGN Test contact a Jacksonville Driving Under the Influence Attorney or visit Jacksonville DUI HGN Test Information blog.

The Walk and Turn Test is commonly referred to as the “walk-the-line test.” The Jacksonville DUI suspect is required to walk a line, heel-to-toe, make a small turn, and walk back. The total number of clues for this DUI test is 8 clues, but a Jacksonville DUI suspect need only exhibit two of these eight clues to fail the test. To learn more about the Walk and Turn Test contact a Jacksonville Driving Under the Influence Attorney or visit Jacksonville DUI Walk and Turn Information blog.

The One-Leg Stand Test is performed by standing on one leg and balancing for 30 seconds. This field sobriety test has a total of 4 clues. The Jacksonville DUI officer will believe that a person is likely impaired if he exhibits a minimum of 2 clues. To learn more about the One-Leg Stand Test contact a Jacksonville Driving Under the Influence Attorney or visit Jacksonville DUI One-Leg Stand Information blog.

January 26, 2009

Police Officer’s Opinion Testimony in Jacksonville DUI Trials

by David M. Goldman

In every Jacksonville DUI case that I have tried, I filed a motion in limine to exclude the police officer’s testimony that he believed that the Jacksonville DUI defendant was impaired. In a Jacksonville DUI case, impairment is an element that the prosecutor must prove. When a police officer testifies that Jacksonville DUI defendant is impaired, he is saying that the Jacksonville DUI defendant is guilty. With other crimes, the police officer cannot testify that he believes the defendant is guilty. However, Jacksonville DUI cases are treated differently, and the police officer may testify that the Jacksonville DUI defendant was impaired. Therefore, my motion in limine is denied, and the prosecutor enters this testimony in the Jacksonville DUI case.

Recently, I read about a DUI case from Broward County (State v. Rupp, Fla. Law Weekly Supp. 162RUPP (17 Fla. Cir. Ct. 2008)) were the prosecutor did not enter the officer’s opinion testimony. Then, the defense attorney moved to have the case dismissed. The trial court dismissed it. On appeal, the state won arguing that they proved impairment with the DUI defendant’s poor performance on the sobriety exercises, his speech, bloodshot eyes, and odor of alcohol. Still, this was a very creative route for a DUI attorney to take.

To learn more about DUI cases, contact a Jacksonville DUI attorney or visit www.jacksonvillelawyer.pro.