Jacksonville Criminal Defense Lawyer Blog

Jacksonville Criminal Defense Attorney: I was Charged with BUI, do I need an Attorney?

2012-05-16T14:53:02Z

As the warm weather comes upon Jacksonville and the surrounding areas, so does the amount of boat traffic in our local waterways. In Jacksonville we have a multitude of boaters transverse our rivers and oceans. With Jacksonville's boaters easy access to the St. Johns River, the Intercoastal Waterway and are close proximity to the Atlantic Ocean boating accidents happen and more often than not alcohol is involved. In Florida, like most states, operating a motorized vehicle while under the influence of drugs or alcohol is illegal and can result in severe penalties. As a Jacksonville Criminal Defense Lawyer I have seen several cases where a group goes out for a day on the water to have it abruptly ended when Florida Fish and Wildlife arrive to arrest the driver for BUI. Then the question always arises, "I was caught BUI (boating under the influence), do I need a Jacksonville Criminal Defense Lawyer?"

In Jacksonville, BUI is treated very similar to DUI (driving under the influence); which is regulated by Florida Statute § 316.192. For the purposes of BUI, the offense is regulated by Florida Statute § 327.35, which states it is unlawful for a person operating a vessel to be under the influence of alcohol or a chemical substance to the extent that the person's normal faculties are impaired OR the person has a blood or breath alcohol level of .08 or higher.

As for the penalties of Jacksonville Boating Under the Influence are similar to Jacksonville DUI penalties (A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year) with some minor differences. The most significant difference is that a Jacksonville Boating Under the Influence conviction will not result in a Florida driver's license suspension. However, it will suspend your boating privileges.

When you take your boat out into Jacksonville waterways, you must be responsible and refrain from drinking and driving. Get a designated driver or abstain from drinking entirely. BUI is a criminal offense that is completely avoidable, however, if you are faced with a Jacksonville BUI, the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Therefore, if you or a loved one are facing a Jacksonville BUI or other Jacksonville Criminal Offenses, contact a Jacksonville Criminal Defense Lawyer today and discuss your case and possible defenses that might mitigate the criminal offense you are charged with.

Jacksonville Criminal Defense Lawyer: Arlington Home Destroyed by Fire, Possible Arson?

2012-05-15T13:05:57Z

A recent report of a home in Arlington being completely destroyed by fire leaves me with the question on my mind of Arson. The report states that Fire and Rescue were dispatched to a Florida home after smoke and flames coming from the garage. Although the fire was extinguished rather quickly, the resulting damage was extensive. Officials estimate the home to be a "complete loss" with damages estimating to be over $400,000. The cause of the fire is still being investigated, but leads me to question whether this is a case of Arson or not.

In Florida, Arson is defined by Florida Statute § 806.01, which reads "any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling...any structure...any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being." If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

A Jacksonville Arson charge is a serious criminal offense with serious penalties. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. If you are facing a Jacksonville Arson charge or any other Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

Jacksonville Criminal Defense Lawyer: 10-20-Life, Fair and Just?

2012-05-14T13:22:27Z

Recently, Marissa Alexander was sentenced for 20 years for firing what she stated as a "warning shot" during an argument with her husband. Many have come to question Florida's 10-20-Life law in mist of this recent conviction. As a Jacksonville Criminal Defense Lawyer this law hinders my representation of my clients because it takes the sentencing out of the hands of the jury and sets mandatory sentences.

In the Alexander case, she stated she fired a "warning shot" in self defense from an abusive husband. This incident took place at her home and in front of her two children. The bullet did not strike her husband nor did any injuries result from her actions. Even so, she was charged with two counts of aggravated assault.

Now, under Florida's 10-20-life law, the law sets mandatory sentences for crimes involving guns, no matter what the situation may be. Under the law if a gun is pulled then a 10 year min sentence is imposed. If a shot is fired, a 20 year min is set. Finally, if a person is shot, a life sentence is imposed. This law is the reason for why Alexander was sentenced for 20 years (she fired a shot). However, her penalty for self-defense is the same as some one committing armed robbery with the intent to steal and potentially harm another individual. Fair and Just? I think not!

Florida's 10-20-Life law has come under huge debate. Its validity is questionable and the justice it states to impose is even more questionable. Therefore as a Jacksonville Criminal Defense Lawyer I fight for my clients rights and work for the best possible outcome for my clients. If you have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your case.

Jacksonville Criminal Defense Lawyer: Can I have my Florida Record Sealed or Expunged?

2012-05-12T11:51:52Z

As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person's past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.

Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

Aggravated Assault
Aggravated Battery
Arson
Assault
Murder
Kidnapping
Sex Crimes on a child under 16
Burglary
Robbery Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Carjacking
Stalking
Domestic Battery
Manslaughter
Rape
Any Attempt at the above crimes

Unfortunately, the Criminal Offenses listed above cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one's record, one must first apply for a Certificate of Eligibility. This criterion requires the submission of paperwork and records to the FDLE for either approval or denial.

The process of obtaining a Florida Record Seal or Expunction can become time consuming, complex, and burdensome. Therefore, the advise and assistance from a Jacksonville Criminal Defense Lawyer can make all the difference. I will discuss with you the process, answer any questions that may arise, and take care of the paperwork and legwork required to obtain a Florida Record Seal or Expunction for you. So, don't delay call me today!!

Jacksonville Beach Record Seal/Expunge Attorney: I want my Criminal Record Sealed/Expunged. What can I do?

2012-05-11T13:49:22Z

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Beach Record Seal/Expunge Attorney may be able to help! As a Jacksonville Beach Record Seal/Expunge Attorney I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

Never been adjudicated guilty;
Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;
Never received a record expunction or seal before; AND
To their best knowledge or belief does not have any other petitions before the court.

This is just a brief summary of the statutory provisions required in order petition the court to have your record expunged. As a Jacksonville Beach Record Seal/Expunge Attorney I can evaluate your Criminal History, acquire the necessary documents, and file the proper paperwork in order to petition to the your record expunged. Therefore, if your record is less than perfect, contact a Jacksonville Beach Record Seal/Expunge Attorney to discuss your options today.

The Players comes to Jacksonville, But I got a DUI. Now What?

2012-05-11T12:57:23Z

As The Players comes to a pinnacle this weekend, some Jacksonville residents and tourists alike may be in a position that was not anticipated as they went out for a day of golf and celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an "implied Consent Law." Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

Furthermore, a DUI conviction can result in serious penalties, both civilly and criminally. According to a Jacksonville Personal Injury Lawyer if the defendant injured or damaged another's property, they could be facing a civil penalty for the losses suffered by the victims. Florida Statute § 316.192, defines the penalties for first time offenders. A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year, an interlock device, required community service, and potentially vehicle impoundment.

When facing a Jacksonville DUI charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

Jacksonville Criminal Defense Lawyer: Duval County Teacher Charged with Child Abuse

2012-05-10T12:50:01Z

Recently a Duval County Teacher was arrested on charges of Child Abuse. The alleged incident took place on April 2, 2012. According to the report, Kristopher Hunter, the teacher, kicked the student in the back and also slammed the boy against the wall. The boy had to seek medical treatment for the injuries he sustained during the incident. The student's name has not been released due to his age. However, it was revealed that the incident occurred between a teacher and a student of Arlington Middle School.

The act of child abuse is defined under Florida Statute § 827.03. Under that Statute child abuse is defined as "intentional infliction of physical or mental injury upon a child; an intentional act that could reasonably be expected to result in physical or mental injury to a child." As a Jacksonville Criminal Defense Lawyer I have received numerous calls regarding child abuse. What some may not know is child abuse is considered a 3rd degree felony, punishable by up to 5 years in prison and/or $5,000 in fines.

Applying the law to the facts above, it could be established Mr. Hunter was guilty of Child abuse. Mr. Hunter committed an intentional act, kicking and slamming the child, which could reasonably be expected to result in injury, the child was taken to the hospital for medical treatment. Therefore, if the State can prove their case "beyond a reasonable doubt" he could be convicted.

However, a Jacksonville Criminal Defendant can fight these charges and try to mitigate the offense. In such a case the earlier the Defendant gets a Jacksonville Criminal Defense Lawyer involved the more time the attorney will have to convince the State of not proceeding forward or lowering the charges. Therefore, if you have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your case.

I Received a Florida Traffic Citation, Do I need a Lawyer?

2012-05-09T14:38:30Z

As a Florida Traffic Citation Attorney, I am no stranger to Traffic Court. All too often Florida Drivers just pay the fine and never think about the ticket again. However, that is not the best way to dispose of your Florida Traffic Citation. Did you know when you simply pay the Florida Traffic Ticket you are adjudicated guilty? This could have serious negative impact upon your Florida driver's license and your insurance. An adjudication of guilt for a Florida Traffic Ticket could result in increased insurance premiums and the loss of your driving privileges.

As a result, I advise my clients not to simply pay the fine, but to hire a Florida Traffic Citation Attorney to represent them and to prevent points being incurred upon their license and insurance.

As a Florida Traffic Citation Attorney, I have represented Clients in the following Counties:

Bradford

Clay

Columbia

Dixie

Duval

Flagler

Franklin

Gadsden

Hardee

Hernando

Leon

Manatee

Marion

Nassau

Okaloosa

Pinellas

St. Johns

Sumter

Suwanee

Volusia

Washington

Walton

This is not an all-inclusive list. These are just the most recent counties that have been represented. If you should find yourself with an unwanted Florida Traffic Ticket, contact a Florida Traffic Citation Attorney today. My representation could prevent you from getting points accessed upon your license and your insurance.

Jacksonville Criminal Defense Lawyer: Zimmerman Pretrial Date Set

2012-05-08T20:58:23Z

As a Jacksonville Criminal Defense Lawyer I have watched closely as the George Zimmerman case has progressed. Zimmerman, who is out on bail, did not attend or appear at his recent arraignment. Instead his attorney filed a plea of not guilty and waived his right to a speedy trial.

Zimmerman's next court appearance will be August 8th for his pretrial.

This case continues to make national headlines as the "stand your ground" law continues to be in controversy.

Habitual Traffic Offenders May Have Other Options

2012-04-27T08:00:00Z

No one is perfect, however when our imperfections lead us to too many traffic offenses, we can lose our Florida Driver's license for five years. This is most often known as being a "Habitual Traffic Offender" or "HTO". The State of Florida feels that people who make it a habit to violate traffic laws should be strongly discouraged from driving on our roads and should be faced with a firm punishment.
There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you "knowingly" drove while your license was suspended or not.
HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.
An alternative to suffering the five-year hardship of HTO status is to explore the option of reopening your previous convictions (or withholds). If you were not appraised of all of your rights and did not properly understand the implication of your earlier conviction, it may be possible to vacate your earlier plea and explore alternative charges and pleas. By re-visiting one or more cases in this manner a person may be able to avoid HTO status and continue their driving life like the rest of us.
If you have recently been placed in HTO status, contact a Jacksonville Criminal Lawyer for a free consultation to explore your options and see if keeping your license is an option for you by calling (904) 685-1200.

Ponte Vedra Beach Attorney: Zimmerman's Bond Hearing Determination

2012-04-20T16:13:38Z

After a lengthy hearing, Judge Lester has decided to bond at $150,000, ankle monitoring, location kept secret (possibly located out of state?), no contact with victim or family, no possession of firearms, no consumption of alcohol, curfew, and must tell sheriff's office location every 3 days. This Bond Hearing was conducted in a manner both professionally and in a manner for the safety of Zimmerman's family. Due to safety concerns brought by Zimmerman's attorney, O'Mara, his family testified at the hearing telephonically.

The State, attempted to show George Zimmerman was a violent person. The State questioned the family on a prior incident regarding a confrontation with a law enforcement officer in 2005 and an injunction with a prior woman. The State also attempted to show a lack of ability for Zimmerman's family to satisfy any bond that may be set by the Judge. One point the State really harped upon was the website set up by Zimmerman or a representative and the continued investigation into how much money had been donated into the account that was set up.

In contrast, O'Mara showed the families ability to pay any bond set by demonstrating the family's wiliness to mortgage the house and to use limited monetary funds they may have access to. Furthermore, O'Mara rebutted any inference the State may have inferred regarding Zimmerman's tendency for violence.

This is just another step in the legal process. One interesting fact revealed were the injuries that Zimmerman suffered the night following the incident. Both his wife and father mentioned lacerations to the back of his head and facial swelling. These facts tend to prove Zimmerman's allegation of acting in self-defense when he shot 17 year old Trayvon Martin. As this case proceeds more facts of that night in question will be revealed and whether or not Zimmerman's self defense claim will succeed.

Atlantic Beach Criminal Attorney: Circuit Court Judge Kenneth Lester Jr. assigned Zimmerman Case

2012-04-19T15:05:38Z

Yesterday it was announced that Seminole County Circuit Judge Kenneth Lester Jr. will be presiding over the Travyon Martin Murder Trial. The Judge's first order of business is to preside over the Bond Hearing set for Friday. There it will be determined if George Zimmerman will be issued a bond or must remain in Jail for the remainder of the trial.

As an Atlantic Beach Criminal Attorney, I know the importance of having a fair and non-bias judge presiding over an Atlantic Beach Criminal Offence. In this case, according to most reports, both sides are satisfied with this new assignment. Although not one side is more benefited than the other, Judge Lester is known to be quite "fair."

Judge Lester Jr. has been practicing law since 1980 after getting his legal law degree from the University of Florida. Judge Lester became a Judge in 1996 where he has handled numerous cases dealing mostly in juveniles, probates, and mental health issues.

Now with just a day away from Zimmerman's Bond Hearing, I anticipate the resolution of the hearing will be highly contested no matter what the result. Parties on both sides of this Litigation have been very active as to their thoughts and opinion about this case. As an Atlantic Beach Criminal Attorney, I can only hope this case is tried in the Courtroom and not in the Media.

San Marco Criminal Defense Lawyer: Cocaine and Cash Seized after Traffic Stop; Potential Probable Cause Issue.

2012-04-19T12:09:37Z

A recent Jacksonville news article stuck my attention from the lack of details and the questions the article bring to my mind. As a San Marco Criminal Defense Attorney, I review arrest reports and news articles relating to Jacksonville Criminal law and analyze them as if they were my potential clients. This is just the case regarding the arrest and booking of George Walters, 21.

In this incident, police pulled over Walters for what is stated as a "felony traffic" stop on Monday. Then article then states the Officers searched his vehicle following his arrest. It was during this subsequent search that police were able to locate two bags of cocaine, money, and a semi-automatic pistol. Walters was then taken to Duval County Jail on charges of armed trafficking in cocaine and possession. Both Jacksonville charges are felonies and carry very heavy penalties.

Analyzing this case, given the limited facts, as if a Walters was a potential client I would have several issues with the Police procedure and whether or not they had valid Probable Cause to search the vehicle following Walters arrest. First, a search incident to arrest of the vehicle is no longer applicable following a recent Supreme Court Decision. The new law under Gates, only permits the search of the vehicle follow an arrest if the suspect can still gain access to the interior of the vehicle or the police believe there is evidence of the offense the suspect was pulled over for inside the vehicle. For example, if pulled over for speeding and arrested for no valid license, the police would not have the ability to search the vehicle if you were already in handcuffs. Also, the police could not search the vehicle on the premise to prevent the destruction of other evidence of the offense (because there is not any). Just a reminder to San Marco Criminal Defendants, if you give the police consent this negates all the defenses to an invalid search and seizure.

These are just my initial thoughts regarding this particular incident. Every case is different, so is my approach in providing zealous representation to my clients. Therefore, if you are facing a Jacksonville Criminal Offense, contact a San Marco Criminal Defense Lawyer today. It could just prove to be invaluable to your case.

Orange Park Criminal Defense Lawyer: Judge Presiding over Zimmerman Case Recuses Herself

2012-04-18T19:50:43Z

Today Circuit Court Judge Recksiedler has recused herself from the Zimmerman case. This action follows Zimmerman's Attorney, O'Mara, request that the Judge recuse herself due to possible conflict. A new Circuit Court Judge to preside over the case has not been named.

The potential conflict arises from her husbands connection with the Defense Attorney. Judge Recksiedler's husband works with Mark NeJame, an attorney Zimmerman's family turned to for representation. NeJame declined representation and referred then to O'Mara, his current attorney. NeJame has since been hired by CNN to report on the case.

As an Orange Park Criminal Defense Lawyer, I know the importance to have a judge that has no conflict with the Case. Florida law allows a Judge to recuse themselves if there is the slightest possibility of a conflict. In this case, a weak connection between the Judge and the current attorney was all that was required for the Judge to decide to recuse herself.

If you are facing a Criminal Offense in Jacksonville or the surrounding area, contact an Orange Park Criminal Defense Lawyer today. I can provide zealous representation and to make sure your rights are being protected at every step of the legal process. Time is of the essence, do not delay and contact me today.

Ponte Vedra Traffic Citation Attorney: The use of Science to Avoid a Traffic Citation

2012-04-18T12:06:20Z

As a Ponte Vedra Traffic Citation Attorney, I use all my available resources to provide my clients with Zealous representation. I further strive to resolve my clients with the best possible outcome given their current circumstance. However, my attention was drawn to a recent article about a College Student's testimony and his resolution of a Traffic Violation. In this case he was able to fight the ticket and get the charges dropped against him, saving $400!

In this circumstance the College student, Dmitri Krioukov, was issued a Traffic Citation for running a Stop sign. Dmitri was able to use his knowledge of Physics to challenge the officer's perception and ultimately convince the court that a mistake had been made. I have attached a copy of the document, The Proof Of Innocence for your review and insight into how Dmitri went about Fighting the Traffic Court.

This case has caught attention from national news agencies and Traffic Attorney's everywhere. While I cannot say if you get a Ponte Vedra Traffic Citation, I will be utilizing the officer's perception based upon linear speed and obstruction of view to fight your ticket. I can tell you I will use whatever resources available to me to provide you with a defense that is both within the confines of the law and will result in an amicable resolution of your case.

Therefore, if you find yourself being issued a Ponte Vedra Traffic Citation, contact a Traffic Citation Attorney to represent you. I can provide assistance in preventing points be issued to your license and potentially preventing an increase in your insurance premiums. Don't delay, contact me today!!