Jacksonville Criminal Defense Lawyer Blog

January 19, 2009

Cash is Irrelevant in Florida Possession of Cocaine Cases

In Jacksonville possession of cocaine cases, the prosecutor will often attempt to enter into evidence the fact that the Jacksonville possession of cocaine defendant had a large amount of cash in his possession. Obviously, this highly prejudicial to the Jacksonville possession of cocaine defendant. When a defendant is alleged to have illegal drugs and large amounts of cash on his person, most juries will look at the defendant and see a drug dealer. Evidence of cash in a Jacksonville possession of cocaine case is irrelevant and should not be allowed. In mere Jacksonville possession of cocaine cases, the defendant is not alleged to have sold the cocaine. He is merely in possession of the cocaine. Therefore, the fact that he has a large amount of cash on his person has nothing to do with the possession of cocaine, and is irrelevant. To learn more about Jacksonville possession of cocaine evidence law, read Mosley v. State or contact a Jacksonville Possession of Cocaine Attorney.

January 13, 2009

Dropping Jacksonville Juvenile Charges

by David M. Goldman

Most people think that in order to get Jacksonville juvenile charges dropped, you have to be not guilty of the offense. Then, once the prosecutor discovers that you are not guilty, he will drop the charges. This is not true. A Jacksonville Juvenile Attorney will usually speak with the prosecutor before court and discuss other options. The Juvenile Justice Diversion Program is one of those options. Jacksonville Juvenile Justice Diversion Programs usually consist of an essay, letter of apology, and 40 hours of community service. Once the juvenile completes this program, his Jacksonville Juvenile charges will be dropped. This is beneficial to the juvenile’s criminal record.

However, the Jacksonville Juvenile Justice Diversion Program is only available for Jacksonville residents. What if the juvenile doesn’t live in Jacksonville? There is a solution to this problem. A Jacksonville Juvenile Attorney may be able to discuss the case with the prosecutor and obtain an “informal” form of diversion. The Jacksonville Juvenile Attorney may arrange for the juvenile to complete all of the conditions on his own and present proof of this to the prosecutor. In return, the prosecutor may drop the charges.

January 10, 2009

St. John’s County Girls Arrested for Auto Burglary

by David M. Goldman

Three St. John’s County teenage girls were arrested for auto burglary. They are accused of breaking into cars in St. Augustine, Florida. In Florida, burglary to an automobile occurs when a person enters the motor vehicle with the intent to commit an offense inside of it. Many people believe that in order for a person to commit car burglary, you must “break” into the car. However, this is not the case. In Jacksonville and the surrounding areas, you only need to enter the car with criminal intent. Therefore, if the St. Augustine girls merely opened the car doors and took spare change, they committed burglary. To learn more about Jacksonville Burglary, visit www.jacksonvillelawyer.pro or contact a Jacksonville Burglary Attorney.

January 8, 2009

Jacksonville DUI Lawyer: Can DUI Be Enhanced to a Felony?

by David M. Goldman

Under Florida Statute Section 316.193, a Jacksonville DUI, Driving Under the Influence, charge can be enhanced from a misdemeanor to a felony if the Jacksonville DUI defendant has 2 prior DUI convictions within the past ten years or three prior DUI convictions.

On December 30, 2008, in State of Florida v. Glenn Kelly, the Florida Supreme Court ruled that a prior misdemeanor Florida DUI conviction cannot be used to enhance a DUI from a misdemeanor to a felony. However, there are four elements that must be met for this DUI rule to apply.

The prior Florida DUI offenses were punishable by more than six months in jail.
The Florida DUI defendant was entitled to a court-appointed lawyer.
A lawyer was not appointed.
The Florida DUI defendant did not validly waive his right to a lawyer.

For example, a Jacksonville DUI, Driving Under the Influence, defendant gets his fourth Florida DUI. By law, his second and third Jacksonville DUI convictions were punishable by over six months in jail. In this fourth Jacksonville Driving Under the Influence case, the prosecutor filed the Jacksonville DUI as a felony. If the elements above are filled, the prosecutor cannot use the second and third Jacksonville DUI convictions against him. Thus, the fourth Jacksonville Driving Under the Influence charge cannot be a felony.

To learn more about Jacksonville Driving Under the Influence, contact a Jacksonville DUI attorney.

December 31, 2008

Jacksonville Murder Case Reversed

by David M. Goldman

On June 21, 2007, Steven Montgomery was found guilty of second-degree murder in Jacksonville, Florida. Patrick McGuinness and I were the Jacksonville criminal attorneys assigned to the case at the Public Defender Office. The Jacksonville State Attorney’s Office was seeking a conviction for first-degree murder in this Jacksonville murder case which would result in a minimum mandatory sentence of life in prison. However, the jury found Montgomery guilty of second-degree murder instead. After the Jacksonville sentencing hearing, Montgomery was sentenced to 45 years in the Florida State Prison.

Today, the Florida First District Court of Appeal reserved Montgomery’s judgment and sentence and remanded the case for a new trial. The court ruled that the Jacksonville trial court made a fundamental error when it gave a manslaughter instruction that erroneously suggested that an intent to kill is an element of Jacksonville manslaughter.

The good news for Montgomery is that he gets a shot at a new Jacksonville murder trial. Under Florida’s Double Jeopardy Laws, the State cannot try him for first-degree murder again. He can only be tried for second-degree murder, the crime that he was convicted of in Jacksonville. However, he has the chance of being acquitted or convicted of a lesser offense, like Jacksonville manslaughter. Also, Montgomery cannot be sentenced to more than 45 years in prison for the Jacksonville murder. Therefore, even if he is convicted of Jacksonville second-degree murder again, he gets another sentencing hearing. At the hearing, he may get less than 45 years in jail. In the end, Montgomery comes out ahead in this Jacksonville murder case. He gets a new trial and cannot be convicted or sentenced to anything more than he already has been. He has nothing to lose from a retrial of his Jacksonville second-degree murder case and everything to gain.

December 31, 2008

Jacksonville DUI Lawyer: Over the Limit, Under Arrest?

by David M. Goldman

Mothers Against Drunk Driving (MADD) and police departments across the nation ran a nationwide campaign titled “Over the Limit, Under Arrest.” According to Florida’s Driving Under the Influence (DUI) laws, it is unlawful to drive a vehicle with a breath-alcohol level of 0.08 or higher. In Jacksonville, Florida, the legal “limit” that is referred to in the MADD campaign is a breath-alcohol level of 0.08. However, the phrase “Over the Limit, Under Arrest” is not true at all.

As Jacksonville DUI Attorney, I have handled hundreds of Driving Under the Influence cases. In every Jacksonville DUI case that I have seen, the driver was arrested before he gave a breath sample. With Jacksonville DUI cases, the driver is arrested for DUI and then taken to the police station. At the police station, he is asked to provide a breath sample. If he refuses to give a sample, he is still under arrest. Even if he gives the sample and blows under the legal limit, he is still under arrest. Therefore, in Jacksonville, there is no such thing as “Over the Limit, Under Arrest.” If a police officer suspects that you are driving under the influence, you will be arrested for a DUI in Jacksonville. The legal limit has nothing to do with it.

As a Jacksonville DUI Attorney, I have tried many DUI cases. In jury selection, I ask the panel if they know that even if you pass a breath test, you are not “unarrested.” You still spend the night in jail on Jacksonville DUI charges. In every Jacksonville DUI case, the jury is surprised to learn this. Likely, their surprise is due to what the see on television which includes DUI ads like “Over the Limit, Under Arrest.”

December 30, 2008

Jacksonville Juvenile Criminal Intervention

by David M. Goldman

We all make mistakes as juveniles. Sometimes, that juvenile mistake can lead to an arrest. Most Jacksonville Juvenile Lawyers and Prosecutors will agree that early intervention in Jacksonville juvenile cases is the best solution. In many Jacksonville juvenile cases, the defendant is not a repeat offender. Often, the juvenile is a first time offender that made a poor choice and is scared of the juvenile justice system. The best way for a Jacksonville Juvenile Lawyer to handle a juvenile case is to divert the case out of the courtroom and into a diversion program. Once the Jacksonville juvenile successfully completes the diversionary program, his charges will be dropped. This is beneficial to the Jacksonville juvenile for numerous reasons. First, the Jacksonville juvenile’s charges will be dropped, which is the best possible outcome in any case. Second, if the Jacksonville juvenile charges are dropped, he can petition the Florida Department of Law Enforcement to get his Florida record expunged.

If you have questions about a juvenile case in Jacksonville or the surrounding area, contact a Jacksonville Juvenile Lawyer.

December 24, 2008

Jacksonville Judge Declares Mistrial for Vesey Murder Case

by David M. Goldman

Jacksonville Judge, John Merrett, after nine days of trial, declared a mistrial in the David Vesey murder case yesterday due to juror misconduct. A Jacksonville juror conducted research on her own about the “shaken baby” murder case. The case will be retried.

Jacksonville jury trials are very time-consuming and expensive for the State of Florida, Jacksonville criminal attorneys, and the criminal defendant. A Jacksonville criminal attorney goes through extensive preparation for a jury trial. In some cases (as in Vesey’s case), the trial can take many days to complete. When the court retires for the day, the Jacksonville criminal attorney does not. That Jacksonville criminal attorney must continue to prepare for the next day of trial. When a Jacksonville case results in a mistrial, the process starts all over again. This is not only time-consuming for the Jacksonville criminal attorney, but expensive for the criminal defendant that must pay for another trial.

It is important for the jury to follow all of the instructions given by the judge. In every Jacksonville criminal case, the judge instructs the jury not to research the case. In Mr. Vesey’s case, the Jacksonville juror did not follow these directions. Now, the State of Florida must pay for a new trial, and the Jacksonville criminal attorney must prepare for trial, once again. This Jacksonville criminal attorney and his client will have to deal with the expenses involved in another trial.

December 23, 2008

Jacksonville Couple Arrested for Grand Theft of Puppy

by David M. Goldman

Moreen Cunningham and Aaron Taber were arrested for Jacksonville Grand Theft of an $850 Chihuahua. In Jacksonville, Florida, Grand Theft is a felony if the property stolen is worth more than $300. Cunningham took the puppy, and Taber stated that he could not stop her.

Depending on Taber’s involvement in this Jacksonville Grand Theft, he may be charged as a principal. If a Jacksonville criminal defendant is charged as a principal, he will be treated as if he committed the same crime as his Jacksonville co-defendant. In this case, Taber will be treated as if he committed the Jacksonville Grand Theft if:

Taber had a conscious intent that the Jacksonville Grand Theft be committed, and
Taber did something to assist or encourage Cunningham to commit the Jacksonville Grand Theft.

December 23, 2008

Jacksonville Grand Theft of a Puppy

by David M. Goldman

Moreen Cunningham and Aaron Taber have been charged with Grand Theft in Jacksonville, Florida. The couple is accused of stealing a puppy valued at $850 from a Jacksonville pet store. Cunningham told police that she committed the Jacksonville Grand Theft in order to give the puppy to her children as a Christmas present, while Taber stated that he could not stop her.

While Grand Theft is a serious crime in Jacksonville, Florida, Cunningham’s actions are not unheard of. Many Jacksonville residents are feeling the pressure of a declining economy and job losses. While this does not justify the Jacksonville Grand Theft, Cunningham does not necessarily deserve a harsh sentence. Instead, the prosecutor should look at her criminal record and the circumstance surrounding her Jacksonville Grand Theft arrest to decide what sentence is appropriate. If Cunningham does not have a criminal record, she should be eligible for the Jacksonville pre-trial intervention program. The Jacksonville pre-trial intervention program helps first offenders by allowing them to give back to the Jacksonville community and in return, their charges will be dropped.

To learn more about Jacksonville Theft Crimes, contact a Jacksonville Theft Attorney or visit www.jacksonvillelawyer.pro.