Jacksonville Criminal Defense Lawyer Blog

What would I have to do to get my Criminal Record Expunged in Florida? This question is presented to my numerous times a week and unfortunately, there is not a simply, straightforward answer. So as the cliché attorney answer, "it depends."

As a Jacksonville Criminal Attorney who handles Florida Record Seals and Record Expunges, the first step is determining if an individual is eligible. This eligibility balances on the adjudication of the offense in question. If you were convicted, you are NOT eligible for a Record Seal or Record Expunge. If your charges were dropped, you would potentially be eligible for a Record Expunge. If your case ended with Adjudication being Withheld, then you would potentially be eligible for a Record Seal.

After determining the Adjudication of your offence, the next step, in my opinion, would be to contact a Jacksonville Criminal Attorney to discuss the process in moving forward. Until then, I will briefly explain the process. First you must get the criminal record from the Clerk of Court in the County in which the offense occurred. Then you must submit the required paperwork to the FDLE who will evaluate your case and make a determination as to your eligibility. If approved, you will be sent a letter of eligibility. At this point, you will have to petition the Court to have your Record sealed or expunged. In my personal experience in dealing with these matters, the process takes between 4 to 6 months.

Although this process can be completed without getting an attorney involved, I would suggest at least consulting an Attorney before setting out on this journey alone. If you have any questions please contact my office and I will be more than happy to answer any and all questions you may have. In addition, I offer FREE consultations for most cases. So don't wait, Call right now!

If you would like more information regarding Florida Record Seals and Expunction, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

As I entered the Office this morning after a wonderful weekend of my Georgia Bulldawgs' win. I was shocked to read in the paper about this fight that occurred during the Game on Saturday. This unfortunate event left one fan in jail and the other in the hospital.

According to the sporadic reports, due to the high volume of partying going on, the full details of the fight are unclear. However, what is apparent is 21 year old William Ross Cesery III was taken to the hospital for injuries he sustained during this altercation. What is not apparent is the cause, instigation, and amount of alcohol or other drugs involved that made this incident occur. Furthermore, 20 year old Colby was arrested for AGGRAVATED BATTERY.

Aggravated Battery is defined under Florida Statute § 784.045, which reads "a person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement." Also, it is a second-degree felony. Therefore, Colby could be facing up to 15 years in prison and/or $10,000.

As a Jacksonville Criminal Defense Lawyer, I evaluate every single case as a neutral, non-bias party. Normally, I can see both sides of the case and zealously represent my clients. However, in this matter, I cannot determine where the State is coming from in bringing these charges. It was a minor altercation. Emotions were high. Alcohol was probably involved. Not to mention, Colby, upon notice of William's injuries stopped and pulled him from the water. Aggravated Battery? I think not. Simple Assault and Battery; probably.

Without representation Colby could be facing a severe punishment for this incident. In addition, his criminal record may hinder his ability to find gainful employment, loans, rental agreements, etc. However, under the guidance and assistance of a Jacksonville Criminal Defense lawyer, I can work diligently to put the Client in the best position give the circumstances. Additionally, I will strive to get my client in a position where we can either seal or expunge their record following this case. This will allow them to move forward in their lives without the constant reminder of their past mistakes.

If you would like more information regarding Florida's Criminal Laws, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200

Were you caught going too fast? Did you attempt to pass someone only to find a Florida police officer waiting for you? Was your cruise control set, but still issued a citation for speeding? If you answered, "YES" to any question previously listed or if you have received a Speeding Ticket in Florida, I may be able to help.

As a Jacksonville Criminal Attorney, I represent many clients in counties throughout Florida. Through my representation I petition the court to prevent points on your license and to stop the negative impact on your insurance. My most recent cases have been in the following counties:

Bradford, Columbia, Dixie, Duval, Flagler, Franklin, Gadsen, Gulf, Hamilton, Hardee, Hernando, Holmes, Jacksonville, Lee, Liberty, Manatee, Marion, Nassau, Okaloosa, Pasco, Pinellas, Suwannee, Union, Volusia, Walton, Washington

So, before you pay that Florida Traffic Ticket, Call a Jacksonville Criminal Attorney to determine if I can help you. Lastly, did you know that paying the fine listed on the citation was an admission of Guilt? That means points incurred and potential insurance increases. Again, before you pay, call me today.

If you would like more information regarding Florida Traffic Tickets, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

As a Jacksonville Criminal Attorney, I receive numerous calls from potential clients wanting to get their Criminal records sealed or expunged. Potential clients want their records sealed or expunged for any number or reasons, however, the most common are: jobs, loans, education, and career advancement. Unfortunately, if you have a CONVICTION for any criminal offense you record cannot be sealed or expunged.

Another question or misunderstanding I hear all the time is regarding the extent of having one's record sealed or expunged. Many clients have call and have the desire to get their entire criminal history expunged or sealed. However, that is not how it works. Florida only allows one arrest to be sealed or expunged. Meaning, you can have multiple offenses sealed or expunged if they all occur within the same incident. In contrast, if you have multiple arrests, you are potentially only eligible to have one arrest sealed or expunged.

I hope this blog will clear up any initial concerns or questions one my have regarding a
Florida record seal or expunge. If you still have additional questions or would like an attorney to begin the sealing process, contact my office at 904-685-1200.

If you would like more information regarding Florida Record Seals and Expunction, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

A recent report of a home in Jacksonville being damaged 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 within the home. Although the fire was extinguished rather quickly, the resulting damage was extensive. 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.

If you would like more information regarding Florida's Arson Law, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

James Holmes the man responsible for numerous deaths after he opened fire upon the crowd at a late night showing of the new Batman shooting appeared in Court again. This time Holmes was sporting a new look. He had short brown hair and appeared not be completely comfortable with the situation. This is a vast contrast from his initial appearance with dis-shoveled orange hair and a demeanor that is best described as unusual.

This Court appearance was to handle the debate over the admissibility of the Notebook Holmes sent to his old doctor before the shooting. Prosecutors had sought to review the notebook, but the Defense claims patient and doctor privilege. The prosecution still rebuts that argument. However, if they continue to argue over this point there will be a delay in trail, something they do not want. So, the attorneys came to an agreement where the prosecution will drop the argument to see the notebook. However, if the Defense puts up the defense as to sanity it will immediately become available to the prosecution.

Also, at this court appearance the Prosecution by adding 10 new attempted murder charges and amending an additional 17 charges. That puts the total at 142 attempted murder charges.

This case is still in the initial stages and as time comes to pass we will see how the defense team mitigates the offenses and works diligently to get their client the best possible outcome given the circumstances.

If you would like more information regarding Florida Criminal Laws, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

As a Jacksonville Criminal Attorney I get calls all the time regarding a desire to seal or expunge their criminal past. However, few really know or understand the process and limitations that are involved with getting your Florida Criminal Record Sealed or Expunged. Therefore, I have decided to create this brief Blog to help clear up some initial misunderstandings. However, for the most clarity and understanding scheduling a FREE consultation with a Jacksonville Criminal Attorney is advisable.

One questions I get all the time is clients was to seal their ENTIRE criminal history. Meaning expunge all their arrests and criminal violations. However, this is not permissible under Florida Statutes. In Florida, a person is potentially applicable to have sealed or expunged ONE criminal arrest. To clarify, a Florida record seal will only handle ONE case you had before a Florida Court. Now, with that being said, if you had multiple charges in that ONE case, you can have all those charged sealed. This is best explained by example. Lets say, John smith has been arrested twice in his life. He calls a Jacksonville Criminal Attorney for a Consult. He wants his ENTIRE record sealed or expunged. This cannot be done, he will have to choose which arrest to deal with. His next question is regarding his arrest, it was for multiple offense, but all related to the one arrest. This is OK, a Florida record seal or expunction allows for ONE arrest to be sealed even if the arrest has multiple offenses.

Another question I get all the time is am I applicable for a Florida Record Seal or Expunction. Well, that answer depends on multiple factors. First and foremost is what was the adjudication of the offense you want sealed or expunged. This is important because if you have been CONVICTED of any offense you are not eligible for a record seal or expunction. Furthermore, if the adjudication was WITHHELD you are only eligible for a record seal. In contrast, if the charges were dropped you could be eligible for an expunction. Many clients do not know or remember the adjudication of their offense, that is OK, give a Jacksonville Criminal Attorney a call and we can find our for you.

In closing, if you have a criminal past that is effecting your future, give a Jacksonville Attorney a call. I can evaluate your case, make the proper determinations, and move forward in a manner that is beneficial to you and your future.

If you would like more information regarding Florida Record Seals and Expunction, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

As a Jacksonville Traffic Attorney I cannot stress enough to my clients NOT to drive once their license has been suspended or revoked. Monday I reported about Ms. Bynes recent run in with the law and how her license would be suspended. I find it hard to believe she would be unaware of the status of her license and therefore, when she was pulled over recently she was cited for driving on a suspended license and her vehicle was impounded.

This incident with the law follows her two pending counts of hit-and-run. Although she has a some hurdles to cross before she can put all this behind her, the advise and assistance of her Attorney could prove to be invaluable in her case.

As a Jacksonville Traffic Attorney, I handle all sorts of traffic violations; speeding, careless driving, DWSL, etc. Therefore, if you find yourself with an unwanted traffic citation, contact a Jacksonville Attorney who can review your citation and make the proper determinations in moving forward.

If you would like more information regarding Driving violations, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

Children and Adults, alike, look up to and aspire to famous Actors and Actresses. But, when their good name is pulled through the mud, we all begin to question how innocent are these movie stars anyway. One recent example is Amanda Bynes who made her fame and fortune on the Nickelodeon channel programming. She just recently had her driver's license revoked by the State of California following three (3) alleged driving related incidents.

Her first incident stemmed from a collision with a police cruiser in April of this year. She was subsequently charged with DUI, but has rebutted all allegations that she was "under the influence." Bynes went as far as to tweet President Obama, "..I don't drink..." Her other two incidents are cases of hit-and-runs but she also denies any wrongdoing.

Although a California case, her same issues are relevant here in Jacksonville as well. As a Jacksonville Criminal Attorney, clients come to me with all sort of driving issues and I work diligently to correct any wrongs and get the best possible outcome, given the circumstances. In Florida, if you incur too many points or three or more citations for driving on a suspended or revoked license within 5 years you could be labeled HTO. As a HTO your license is suspended for 4 years! However, as a Jacksonville Criminal Attorney I can review your driving history and determine where I can provide assistance and fight to get your license reinstated.

If you would like more information regarding Driving violations, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

Do you have a not so perfect driving record? Have you been cited or arrested for driving without a license or when your license is revoked? Have you accrued too many points on your license for it to be valid? Have you received notice that you are labeled as a Habitual Traffic Offender and therefore will have your license revoked for four (4) years? If you answered "yes" to any of the prior questions, the assistance and guidance of a Jacksonville Criminal Attorney may be right for you. I can review you driving record, determine how to proceed forward, and fight to get your license back!

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 would like more information regarding HTO, check out Apple Law Firm PLLC's website. If you would like to schedule a FREE consultation with a Jacksonville Criminal Attorney, contact my office directly at 904-685-1200.

Have you received a Florida Traffic Ticket? Do you not want points on your Florida Driver's License? Are you afraid if you get another Ticket you License will be Suspended? Can you not afford an insurance increase? If you answered "YES" to any of the previous questions, you will want to contact a Florida Traffic Ticket Lawyer today.

As a Florida Traffic Ticket Lawyer, I assist my clients in numerous counties around Florida. Through my knowledge and know-how I work with my clients and the Courts to withhold adjudication and prevent points on my client's license and increases in insurance premiums. However, I cannot guarantee results, I can reassure my clients that I will do my best to resolve their Florida Traffic Ticket in a manner that is amicable for my Client.

Sometimes, my Clients call me too late (i.e. after they paid the fine) and I cannot assist them. However, if you call soon after you receive the ticket and within the days allowable, I will assist you in getting a withhold of adjudication. Furthermore, did you know that simply paying a traffic ticket is an automatic GUILTY? Therefore, points are going to be accessed on your license and your insurance company will take the Florida Traffic Ticket into consideration. So, don't just simply pay the ticket and walk away, contact a Florida Traffic Ticket Lawyer today!

The Counties I have recently represented Clients in are as follows. This is not an exclusive list, just a list of my most recent client's counties.

Bradford, Columbia, Dixie, Duval, Flagler, Franklin, Gadsen, Gulf, Hamilton, Hardee, Hernando, Holmes, Jacksonville, Lee, Liberty, Manatee, Marion, Nassau, Okaloosa, Pasco, Pinellas, Suwannee, Union, Volusia, Walton, Washington

So, if you are facing a Florida Traffic Ticket and don't know what to do. Then Call me Today. I will discuss your options with you and determine the best approach in proceeding forward.

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 Record Seal/Expunge Attorney may be able to help! As a Jacksonville 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 Record Seal/Expunge Attorney to discuss your options today.

In Florida, anyone accused of committing a felony is permitted to take depositions of the prosecution's witnesses. On misdemeanor charges the judge has to decide if there is a good reason to allow depositions before they will go forward. The judge can even allow depositions of people not listed as witnesses if it is proven that they have something relevant to say about the charges or the defense.

Depositions are part of the discovery process, which is the process by which the parties in criminal cases gather facts about the case from each other. The deposition itself is like a question and answer session that is being recorded by a court reporter. The defense lawyer can ask pretty much any question that could get to information that would help the defense theory or help impeach the witness and this is a pretty big umbrella.

Depositions are very useful for many reasons; to get the witness's story on the record so they can't change it later, to find out more information about the witness, to find holes in the prosecutions case and to let everyone know you are serious about defending the case.

At the deposition the party being deposed is put under oath, just as if they were testifying in court. The defense lawyer will ask a wide range of questions relating to the case. The lawyer's questions, and the party's answers, are taken down by a court reporter and may perhaps be tape recorded or even videotaped. A deposition is important because the answers to the questions given by a party during a deposition can then be used against the party who gave the testimony. Once a party has answered a particular question during a deposition, the party is bound by that answer.

After the deposition is over, the court reporter will type out the transcript of the questions and answers, and all parties will receive copies. You will have the opportunity to review the record and make corrections, but generally the reporter's version will prevail.

The cost of a deposition includes paying for the court reporter, and also possibly for the written transcript of the entire conversation if it proves fruitful. If there is good material that could be used during cross-examination, it generally makes sense to invest in the transcript.

If you need a Jacksonville criminal defense attorney for any reason, please contact the Apple Law Firm PLLC by using the contact form on this page or calling us at (904) 685-1200.

Source: "Deposition," by The Legal Information Institute, published at Law.Cornell.edu.

A witness in a criminal case is someone who testifies at a court hearing because they observed or have direct knowledge of a crime or significant event. They help lawyers verify versions of the events at trial and are often critical to the ultimate outcome of a case. A witness may have seen a crime, heard a shout during a crime or may be commenting on the character of someone.

When deciding whom you should ask about testifying at a potential criminal trial, it's important to start by explaining the different kinds of witnesses.

Fact witnesses. These are people who were there to tell your side of what happened, or who were with you in a different place than where the crime took place. These witnesses from the beginning should be asked to write down everything they remember so they can use those notes to refresh themselves months later for trial. You will need to provide contact information to your lawyer so they can get in touch and question them if need be.

Reputation witnesses. This can be tricky given the rules in Florida surrounding how such witnesses can be used. In Florida, you cannot call a witness just to say that you are a good person, but you can call a witness who knows you from a relevant "community" about your "reputation for honesty" if you have testified. They may be able to testify about your "reputation" for peacefulness or other characteristics that are relevant to the specific crime that is charged.

A "community" can be a neighborhood, a place of employment, a church, school or other defined group. "Reputation" means that they know you and other people who know you and that you have a reputation for the trait they are claiming your possess. These witnesses need to talk to your lawyer before they testify, because it is a strange way to talk about someone that will likely not come naturally to them at first.

It's almost always a good idea to have an experienced Florida criminal defense attorney talk to all witnesses before they are listed as witnesses. That way if they are ever deposed or questioned your attorney will know what to expect.

If you need a Jacksonville criminal defense attorney for any reason, please contact the Apple Law Firm PLLC by using the contact form on this page or calling us at (904) 685-1200.

The man wanted in the U.S. for his efforts in releasing a huge magnitude of classified information has just been granted political asylum in Ecuador. This decision occurred after Assange has been held up in the London based embassy since June 19th. His supporters cheered the decision, but it does not change the fact that he is still wanted for questioning on sexual assault allegations and the U.S.'s distain for his release of Confidential information.

The Foreign Minister of Ecuador, in supporting this decision, stated "Assange faced a real threat of political prosecution...including the prospect of extradition to the U.S." Furthermore, regarding the innocence of Assange, "Ecuador is convinced that his procedural rights have been violated." Even with this new found Asylum, Britain has pledged to arrest Assange if he leaves the embassy and enters into UK soil.

Julian Assange has a long road ahead of him before he can move forward in his life. With the pending criminal sexual assault charges in Sweden and the potential of U.S. charges of releasing Classified information, the granting of Asylum will have little impact on the ultimate impact of this case.

As a Jacksonville Criminal Attorney and a supporter of the US Military, the information Assange released put American Men and Women serving this Country at risk. This man should not go without punishment for the actions he has taken. I have full faith and confidence in our legal system and government. They will bring Assange to Justice if and when it is permitted within the laws of the U.S. and International Treaties. Until said time, Assange will remain confined within the modest Ecuador Embassy in London.