Jacksonville Criminal Defense Lawyer Blog

December 8, 2008

Two More Juveniles Arrested For Jacksonville Attempted Armed Robbery

Jacksonville teen, Daniel Sanchez, was not the only person arrested in connection with the attempted armed robbery of Jacksonville Assistant Police Chief, Carson Tranquille. Two other Jacksonville teens, Ishmael Mercer and Michael Media were also arrested. According to detectives investigating the Jacksonville attempted armed robbery, Sanchez confessed that he and the two other boys committed the crime. He stated that he and one of his co-defendants were armed with guns.

In Jacksonville, Florida, if a person is in actual possession of a firearm when committing a crime, the 10-20-Life statute applies. In this Jacksonville attempted armed robbery case, the minimum sentence that Sanchez and the other armed co-defendant will receive is 10 years in prison. Additionally, a defendant that falls under the 10-20-Life statute is ineligible for gain-time and must complete the entire ten years without early release. Florida’s 10-20-Life law does not apply to the co-defendant that was not in actual possession of a firearm.

For more information on Jacksonville Armed Robbery and Florida’s 10-20-Life Statute, read about OJ Simpson’s Sentencing and a San Marco Robbery.

December 8, 2008

Jacksonville Police Officer Shoots a Home Invader

by David M. Goldman

In Jacksonville, Florida, 16-year-old, Daniel Sanchez, and one or two other intruders confronted Jacksonville Assistant Police Chief, Carson Tranquille, and his wife in the couple’s garage late Saturday night. The Jacksonville police officer shot the teenager in the leg, but the other culprit(s) ran away.

Florida Statute Section 776.013 allows a Jacksonville resident to use deadly force against a home intruder. This law is often referred to as Florida’s castle doctrine. Florida’s castle doctrine is intended to protect the Jacksonville resident from criminal liability when defending the home.

In Officer Tranquille’s case, he acted in self-defense pursuant to Florida’s castle doctrine. The Jacksonville Police Officer was in his garage when he used deadly force against Sanchez, a person that had unlawfully entered his Jacksonville residence. To learn more about Florida’s castle doctrine or other Jacksonville self-defense laws, contact a Jacksonville Self-Defense Attorney.

December 5, 2008

OJ Simpson Sentenced in Armed Robbery Case

by David M. Goldman

OJ Simpson was sentenced today on several counts of armed robbery, among other charges. Due to a combination of consecutive and concurrent sentences, he may serve as much as 33 years in prison. However, after nine years, he may be released on parole.

Armed Robbery is a serious charge. As shown in the OJ case, it can result in an extensive amount of prison time. For instance, in Jacksonville, Florida, armed robbery with a firearm is a first-degree felony. Usually, a first-degree felony is punishable by up to 30 years in Florida State Prison. However, Florida law makes an exception for armed robbery. In Jacksonville, Florida, it is punishable by life in prison.

Additionally, Florida’s 10-20-Life law statute applies to Jacksonville Armed Robbery with a Firearm. Under Florida’s 10-20-Life statute, if a defendant is in actual possession of a fire-arm during the commission of an armed robbery, he has a minimum mandatory sentence of ten years. Thus, in Jacksonville, Florida, he will be sentenced any where from ten years to life in prison for armed robbery with a firearm.

December 4, 2008

Jacksonville Reckless Driving: Statutory Requirements

by David M. Goldman

According to Florida Statute Section 901.15, a Jacksonville police officer can arrest a person without a warrant for a violation of the Florida Traffic Code if he:

(a) witnesses the Florida traffic violation himself or

(b) another law enforcement officer witnesses the Florida traffic violation and relays the proper identification information.

December 3, 2008

NFL Player Charged with Carrying a Firearm Illegally

by David M. Goldman

Plaxico Burress, New York Giants’ receiver, accidently shot himself in the leg last Friday night while at a nightclub. The NFL player has been charged in New York with criminal possession of a weapon. New York has strict gun laws that require a minimum mandatory prison sentence.

Similarly, Florida laws prohibit criminal carrying of weapons. Under Florida Statute Section 790.01, Carrying a Concealed Firearm occurs when a defendant knowingly carries the firearm and the firearm is concealed from another person’s ordinary sight. Florida Carrying a Concealed Firearm is a third degree felony. As such it is punishable by up to 5 years in Florida State Prison.

Like New York, Jacksonville, Florida takes gun crimes very seriously. Often, Jacksonville prosecutors request incarceration for a defendant charged with Carrying a Concealed Firearm in Jacksonville Florida. However, in my experience, there are ways to avoid incarceration. Usually, a Jacksonville Carrying a Concealed Firearm Attorney will present mitigating evidence to the prosecutor. This evidence explains to the prosecutor why the defendant was carrying the firearm. Additionally, a Jacksonville Carrying a Concealed Firearm Lawyer needs to show that the defendant is not the type of person that commits crimes and is not a threat to the community. In essence, the most important thing is to demonstrate that the defendant deserves another chance.

December 2, 2008

Misdemeanor Verdict in Myspace Suicide Case

by David M. Goldman

Last Wednesday, a federal jury convicted Lori Drew on misdemeanor charges of accessing computers without authorization on three different occasions. Drew is a 49-year-old woman that courted a 13-year-old girl by pretending to be a teenage boy on myspace.com. The 13-year-old girl committed suicide after receiving a hurtful message from Drew. Drew may face up to 3 years in federal prison if her sentences are to run consecutively.

For example, In Jacksonville, Florida, a misdemeanor is punishable by up to 1 year in Duval County Jail. If a Jacksonville Florida criminal defendant is convicted of 3 misdemeanors in Florida, he may face up to 3 years in Duval County Jail. Depending on the series of misdemeanors committed in Florida, a Jacksonville Florida judge may run the misdemeanor sentences consecutively. If this occurs, the Jacksonville Florida criminal defendant would serve each year back-to-back for a total of three years in Duval County Jail.

For more information about sentencing and penalties for misdemeanor or felonies in Jacksonville Florida, contact a Jacksonville Florida Criminal Defense attorney.

December 1, 2008

Expunging a Criminal Record: South Carolina Versus Florida Law

by David M. Goldman

In Jacksonville Florida, a person convicted crime cannot seal or expunge his criminal record. However, if a Florida criminal defendant is given a withhold of adjudication on the crime, he may be able to seal his Florida record. According to Florida’s expungement law, that criminal defendant must have his Florida criminal record sealed for 10 years in order to expunge his Florida criminal record.

Unlike Florida law, South Carolina expungement laws are more lenient. In South Carolina, a person that has been convicted of a crime may apply to have his South Carolina criminal record expunged. Anyone with a South Carolina criminal record may expunge his record if he has been convicted of the following:

Fraudulent Checks (unless the crime is a felony).

November 26, 2008

Driver’s Licenses Available to Florida Habitual Traffic Offenders

by David M. Goldman

Florida Statute Section 322.27(5) states that any Florida driver that qualifies as a Habitual Traffic Offender shall have his or her license suspended for five years at minimum. However, Jacksonville Florida drivers may be able to obtain a Florida Hardship Driver’s License after one year of revocation according to Florida Statute Section 322.271. The Florida Habitual Traffic Offender will need to petition the department of motor vehicles in Jacksonville, Florida. The Jacksonville Department of Motor Vehicles will hold a hearing to determine if a Florida Hardship Driver’s License will be issued.

In order to obtain a Florida Hardship Driver’s License in Jacksonville, Florida, the Habitual Traffic Offender must complete the Advanced Driver Improvement (ADI) Course. If the driver’s license suspension was due to an incident involving alcohol, the Florida Habitual Traffic Offender will be required to attend the required Driving Under the Influence (DUI) Course.

To learn more about obtaining a Jacksonville Florida Hardship Driver’s License, contact a Jacksonville Florida Driver’s License Attorney.

November 20, 2008

Jacksonville Firm Burglarized: Children’s Computers Stolen

by David M. Goldman

A Jacksonville Florida consulting firm, CH 2 M Hill Firm was burglarized and many brand-new computers were stolen. CH 2 M Hill Firm purchased these computers to give to children in need. Although no one has been charged with this Jacksonville Florida burglary, this is a burglary to structure or conveyance under Florida Law. In Jacksonville, Florida, Burglary to a Structure or Conveyance is a third degree felony. As a Burglary in the third degree, it is punishable by up to five years in the Florida State Prison.

Although there was no sign of forced entry into the Jacksonville CH 2 Firm, it is a still burglary. According to Florida Burglary Laws, all that is need to commit a burglary is to enter the premises in some form. The burglar of the CH 2 Firm must have entered the Jacksonville Firm in order to steal the computers. Therefore, it is still a burglary even without forced entry.

To learn more about the crime of Burglary in Jacksonville Florida. Contact a Jacksonville Florida Burglary Attorney.

November 18, 2008

How to Seal a Criminal Record in Jacksonville, Florida

by David M. Goldman

Bad things happen to good people. Not everyone that has been arrested deserves to have a criminal record. A criminal record will follow a person forever, but there is a way to fix this. In Jacksonville, Florida, you may be able to get your record sealed. To seal a record in Jacksonville, Florida, there are certain requirements that must be met:

The case did not result in a criminal conviction. Either the conviction was withheld (withhold adjudication) or the criminal defendant was acquitted after a trial (found not guilty).
You must have no prior criminal record, and you can only seal one arrest. In order to seal a record in Jacksonville, Florida, you cannot have an arrest in Jacksonville, Florida or in any other city or state.
There are certain charges that may not be sealed. For a list, see Florida Statute Section 943.059.
The proper paperwork and background check must be completed.

To expunge a withheld conviction or acquittal in Jacksonville, Florida, you must have the criminal record sealed for 10 years prior to applying for the expungement.

If you are interested in getting a criminal record sealed in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Florida Record Sealing Attorney.