Jacksonville Criminal Defense Lawyer Blog

October 5, 2015

Leaving the Scene of An Accident

While entering a convenience store parking lot, you accidentally bump another car while pulling into a parking space. There is no one in the car. You go in side the store and ask around to find the car’s owner. However, you strike out. The owner is nowhere around. What do you do? Florida law, under Florida Statute 316.063, requires a driver in this situation to leave a note with the driver’s name, address, and registration number in a place on the damaged car that can easily be seen. Afterwards, the accident should be reported to the police without unnecessary delay. After doing the things that you required to do by law, you are free to leave.

Leaving the scene

Leaving the scene of an accident in Florida is not necessarily a crime. under Florida Statute 316.063, but leaving without providing the information above can land you in hot water. Not contacting the police as soon as possible can get you into trouble also. Leaving the scene of an accident or a” hit and run” that involves only property damage is a simple misdemeanor and NOT likely to get you jail time or anything like that, but it is too simple to avoid for you to be in trouble with the law. Leaving the scene of an accident involving injuries is another story. Just as there is a duty to provide certain information after a crash, there is also a duty to render aid to people injured in a crash. Leaving the scene of an accident involving injuries is a felony offense that can be punishable by a prison sentence.

September 23, 2015

Puppy Shoots Florida Man in Self Defense

by David M. Goldman

According to nbcnews.com, a Florida man is currently being investigated for possible animal cruelty charges after he was shot in the wrist… by a puppy. It sounds unbelievable, but apparently it happened, and there are no charges pending against the puppy, and rightfully so. Jerry Allen Bradford set out to shoot seven shepherd mix puppies, because he was unable to find them homes. Apparently, turning the puppies over to the shelter was out of the question. There can be a fee associated with turning animals in to shelters, but Bradford’s actions are not likely to be excused. While Bradford held one of the puppies, the puppy squirmed and its paw hit the trigger. How is that for instant karma? Bradford had already used the revolver to shoot three of the puppies, which were found in a shallow grave after authorities arrived. The other four puppies were unharmed.

As a Jacksonville criminal defense lawyer, I immediately began to think about possible defenses in this case if the puppy were to be charged with the shooting. For Mr. Bradford, I’m pretty sure that animal cruelty charges will likely stick, but based on the language found in Florida statute 828.12, there may be arguments to be made in his defense also. However, the puppy has a better case.

Self defense allows a person to respond to force with an appropriate amount of similar force. In this case, deadly force is being used against the puppies. The law will look to the reasonableness of responding to Bradford with deadly force. The shooting in this case undoubtedly will be justified where the puppy has observed Bradford fatally shoot three of his puppy brothers. In this instance, the puppy was reasonably in fear for its life. Self defense law allows a person to come to the defense of others, just as much as it allows for one to protect himself or herself. The puppy from this story managed to save four lives, one of those lives was his own, making him a hero in the eyes of many. If you or a loved have been charged with a crime or are under investigation for any offense, including gun related offenses, the Law Office of David M. Goldman, PLLC can help. We have experienced Jacksonville criminal defense lawyers and Jacksonville gun lawyers on staff ready to put their experience to work for you. Call us today at (904) 685-1200 for a free initial consultation.

September 15, 2015

Hazing

by David M. Goldman

Jacksonville criminal defense lawyers know that ordinary people can find themselves on the wrong side of the law easily. Yes—even people who are not thought of as troublemakers. A fraternity in New York has come under fire for a hazing that resulted in the death of a pledge. Chun Michael Deng died after receiving a fatal brain injury, according to JDjournal.com. Pledge Deng was sent running through a gauntlet blindfolded and wearing a thirty pound backpack. He was somehow knocked unconscious during the run. Deng was reportedly taken inside the fraternity house, his clothes were changed to hide traces of affiliation to the fraternity, then those that were present called for help. A grand jury has apparently decided that charges should be filed against fraternity members in relation to Deng’s death. Third degree murder is a charge being considered by New York authorities.

Under Florida law, specifically statute 1006.63,“hazing means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.”

When serious injury of death occurs, hazing is a third degree felony punishable by up to five years in Florida State Prison. Hazing without actual injury of death is a first degree misdemeanor, which is punishable by up one year in jail. Avoiding hazing altogether can be accomplished by simply not doing something that can put a student in danger of harm. At the Law Office of David M. Goldman, PLLC, we have experienced Jacksonville criminal defense lawyers on staff that can help you achieve the best result in your case. Call today for a free consultation with a knowledgable Jacksonville criminal defense lawyer.

September 2, 2015

Statutory Rape

by David M. Goldman

States, including Florida, often pass laws to protect children. Statutory rape laws are intended to protect children from being victims of sexual advances by older people. Florida Statute 794.05, entitled Unlawful Sexual Activity with Certain Minors, makes it a felony for any person 24 years old or older to have have sex with a child that is 16 or 17 years old. The consent of the minor is disregarded by the law when the defendant 24 or older. NoBullying.com gives insight into the thought process behind the rule that the minor cannot give consent in the eyes of the law. Jacksonville criminal defense lawyers can sometimes be a bit flustered by this fact. Especially when lack of knowledge of the victim’s age is not a defense to prosecution, according to Florida Statute 794.021.

Jacksonville criminal defense lawyers know that sex crimes, like statutory rape, are serious. Most of the time, a defendant will be required to register as a sex offender. In certain situations, your Jacksonville criminal defense lawyer may be able to argue that under the facts in your case, registration as a sex offender isn’t required. One the most common arguments is referred to as the “Romeo and Juliet exception”. When the defendant and the victim are no more than four years apart in age, the defendant can avoid the registration requirement.

When the victim is under 16, Florida Statute 800.04, which governs lewd or lascivious offenses, comes into play. Sexual intercourse is not a requirement under this statute. It can be used to prosecute inappropriate touching of children under 16, as well sexual intercourse with children under 16. The Law Office of David M. Goldman, PLLC has experienced Jacksonville criminal defense lawyers on staff that can help you or a loved one in your time of need. Whether you’re looking to simply speak with a Jacksonville criminal defense lawyer to know what your legal rights are or if you need a Jacksonville criminal defense lawyer to defend you in a criminal case, case us today at (904) 685-1200. We can help. Click here to view our Jacksonville Criminal Defense Lawyer Blog for more helpful information.

August 31, 2015

Illegal Searches and Suppression of Evidence

by David M. Goldman

In general, a warrantless search at a person’s home will be considered unreasonable, unless one of five exceptions to the warrant requirement is met. Evidence gained as a result of illegal searches can be suppressed by the trial court in a case. Grounds for the issuance of a search warrant are governed by Florida Statute 933.02. At the Law Office of David M. Goldman, PLLC, we have experienced criminal lawyers that can help if you or a loved one may have had your rights violated in a criminal case. You can find answers to questions you may have by exploring our blogs on searches and seizures. Initial consultations are free. Call us today at (904) 685-1200 to schedule a consultation with an experienced Jacksonville criminal defense lawyer.

Recently, the First District Court Appeal reversed and remanded the case of the State of Florida vs. Smith back to the trial court for further proceedings. The issue in the Smith case was whether the trial court was correct in suppressing evidence after a warrantless search. In my experience as a Jacksonville criminal lawyer, the issue of suppression evidence is one that clients are interested in pursuing, however, the circumstances that lead to evidence being suppressed won’t always be present in each case. What are often viewed as illegal searches by average people are not looked at the same by Florida law. Continue reading

August 25, 2015

Shooting Your Gun in Self Defense

by David M. Goldman

If you are a gun owner with thoughts of protecting yourself and/or your family, getting a concealed carry permit is an important task for you. As a Jacksonville criminal defense lawyer and Florida gun rights lawyer, I can tell you that any situation where a gun is involved is one that is likely to be highly scrutinized and taken really seriously. This applies to situations where crimes are committed with guns, especially if there is a shooting. So why does this matter to people that lawfully own guns and use them for good? Well, even shooting your gun in self defense can lead to you being in hot water under some circumstances. Having a concealed carry permit will usually remove some of the questions from the minds of law enforcement when they conduct their investigation.

Chapter 776 of Florida’s statutes is called Justifiable Use of Force. This collection of statutes gives guidance to when the use of force, including deadly force is okay. Shooting your gun in self defense will always be deadly force. Deadly force is described as force that is likely to cause great bodily injury or death. After all, the purpose of firing is to eliminate any threat that is present. If some properly, a firearm can help you to eliminate the threat against you and/or your family. Gun owners must be careful in this regard. You are only authorized by law to return the amount of force that is used against you. Shooting a guy during a fist fight at the park will surely land a person in prison. However, the law presumes that deadly force is appropriate in certain situations, for example when a stranger enters your home in the middle of the night without your permission. Chapter 776 of Florida statutes allows you to presume that the would-be burglar is there to cause you great bodily harm.

Calling a gun rights lawyer should be the next call made after shooting your gun. You should speak with an attorney prior to providing a statement to police. In my experience, this annoys law enforcement a little, but I believe it’s worth protecting your future. At the Law Office of David M. Goldman, PLLC, we have the necessary experience and knowledge to help in these situations. Call us today at (904) 685-1200 to find out more about your rights and about what should be done in the event of a discharge.

August 7, 2015

Seal or Expunge Your Criminal Record

by David M. Goldman

I recently read article entitled, “20 Celebrities You Never Knew Had Criminal Records.” According to vh1.com, stars from Tim Allen to Will Smith have arrest records. Al Pacino, was once arrested for suspicion of robbery. Pacino and a friend were arrested after police came across the pair sitting in a car with black masks; a gun was found in the truck of the car. Charges were later dropped when it was explained that the two were actors on their way to a “job”. For the celebrities listed, their careers appear to be unaffected by their criminal records. For others, it could be very important that you seal or expunge your criminal record. This is more important when there is a crime of dishonestly or a crime of moral turpitude involved. These are crimes that cast a negative light on a person’s character. Offenses like theft and fraud fall into this category of crimes.

Under Florida law, a person that has never been convicted of a crime can have charges associated with an incident sealed or expunged. The difference between the two is slight, but important enough to seek expunction, if a person qualifies. When a persons record is sealed, background checks by ordinary people or companies will yield no results. Government agencies can still view the records, however. When a person’s record is expunged, there is an added layer of protection- government agencies can still view the record, but will require a court order to do so. Expunging records can only be accomplished when the charges were dropped or the person was acquitted. If you plead guilty and received a withhold of adjudication, you are only eligible to have your record sealed.

Certain offenses cannot be sealed or expunged. The Law Office of David M. Goldman PLLC can help seal or expunge your criminal record where the law allows. Call us today at (904) 685-1200 for a free consultation with one of our experienced Jacksonville criminal defense lawyers.

August 4, 2015

I May Have a Warrant for My Arrest

by David M. Goldman

As a Jacksonville criminal lawyer, I have had many conversations with people who believe they may end up having a warrant issued for their arrest. Sometimes, this conversation comes after law enforcement has completed an investigation; and other times this conversation happens during an active investigation. Either way, contacting a criminal defense lawyer is a good move when there is the chance a warrant could be issued. If you are contacted by law enforcement regarding an investigation, contact the Law Office of David M. Goldman PLLC immediately at (904) 685-1200. Our experienced criminal defense lawyers can help advise you of your rights and the necessary actions to protect yourself. It is also helpful to get a case evaluation based on the facts as early as possible.

Handcuffs1 Often, people who are being investigated want to talk to police to explain things. They wish for the best and hope that they can remove the possibility of an arrest or a warrant being issued. The truth is talking with the investigating detective or officer is almost always a bad idea, if you’re the target. Florida law, under Section 901.15, controls situations that arrests can be made. In general, an officer can only arrest a person for a misdemeanor if the officer sees it happen. There are exceptions. For felony crimes, officers can make an arrest without a warrant whenever there is probable cause. However, in my experience, if officers don’t make an arrest at the time the alleged crime takes place or while in “hot pursuit” of a suspect, officers will usually pursue an arrest warrant.

Talking to a detective or an officer to explain yourself isn’t likely to change his or her mind about the investigation. All too often I have seen situations where the evidence that was used to convict a person was given to law enforcement while the defendant was trying to “explain things” to an officer. Under the 5th amendment you have the right against self incrimination, which basically means you aren’t required to tell on yourself. The right to remain silent incorporated in the Miranda Warning comes from this right. The right to an attorney that you hear of in the Miranda Warning comes from the 6th amendment. You should always exercise these rights. Remaining silent is probably the most valuable right you have. You should immediately tell law enforcement that you’d like to contact your attorney.

July 27, 2015

Violating Injunctions for Protection Against Domestic Violence

by David M. Goldman

Violation of injunction for protection against domestic violence is a crime under Florida statute 731.32(4)(a). For some, it seems ridiculous that an act as harmless as sending flowers or a text message could result in a person being arrested. However, this is the reality under Florida law, if there has been a valid injunction for protection against domestic violence put into place. Ordinarily, these protective orders have language that orders one person not to contact or come near another person.

As a Jacksonville lawyer, I’ve advocated on behalf of clients needing protection and on behalf of clients seeking to avoid an injunction against them. In some cases, the injunction was probably needed, while in other cases- not so much. If there is an injunction entered against you, whether you believe it is valid or not, you should follow the judge’s order not to contact the other person. Violation of an injunction for protection is a first degree misdemeanor, punishable by up to one year in jail or by probation up to one year. First degree misdemeanor criminal offenses, as here with injunction violations, can also be punished by fine.

The person who asks for or petitions the court for an injunction is called the petitioner. While the person who responds to the petition is called the respondent. Often, the respondent will be served with the initial temporary injunction and violate it immediately by calling or contacting the petitioner to find out what is going on. The temporary injunction is valid until a court has the ability to hear evidence and testimony from both sides. The testimony and evidence will be presented at a hearing. Based on the information provided, the judge will make a decision on whether the temporary injunction should be continued and made permanent or not.

July 7, 2015

Protecting Your Guns and Gun Rights in Florida

by David M. Goldman

The second amendment is a staple in American constitutional law. Gun rights lawyers and other second amendment advocates quote and cite it often. After America fought and won its independence, our founding fathers knew that an armed militia was important to the survival of the new nation. Nevertheless, there are those that still are weary of firearms and the destruction they can cause when not properly used or when guns fall into the wrong hands.

According to Jacksonville.com, a rash of stolen guns from unlocked cars has the Jacksonville Sheriff’s Office concerned. JSO noticed a spike in guns being stolen from cars. In April, there were 69 guns stolen from cars; 41 of the guns stolen were taken from unlocked cars. Guns can absolutely be useful for personal protection, but gun owners have a responsibility to keep them away from children and thieves. Being careless enough to leave a gun in an unlocked car only gives ammunition to those who are adamantly against guns and wish to see more regulation.

Those that are anti-gun, can’t dispute the fact that guns save lives when used properly, just as guns take lives when used irresponsibly. Take former CNN anchor Lynne Russell and her husband, former CNN reporter, Chuck de Caro for example. The couple was recently accosted at gun point by a would-be robber when a gun was placed to Mrs. Russell’s stomach, and she was forced into her hotel room. There was ultimately a shoot out between the would-be robber and de Caro, who was shot three times. Return fire from de Caro hit and killed the would-be robber.