October 2008 Archives
October 30, 2008
In Jacksonville, Florida, Driving Under the Influence (DUI) is a first-degree misdemeanor. It is punishable by a maximum of one year in the Duval County Jail. A first or second DUI in Florida is always a misdemeanor. However, a third or subsequent Florida DUI may be charged as a third-degree felony which is punishable by up to five years in Florida State Prison.
As a Jacksonville DUI Attorney, I have represented many Jacksonville residents charged with Driving Under the Influence. In my DUI experience, most third and fourth DUIs are often charged as misdemeanors and not as felonies in Jacksonville. Legally, a Jacksonville prosecutor may file the DUI as a felony, but they are often willing to file the charge as misdemeanor instead. However, the more DUI charges a Jacksonville resident obtains, the more jail time a prosecutor will request. Usually, the prosecutor will not request additional jail time on a Jacksonville Driving Under the Influence charge if it is a first offense and there are no aggravating circumstances. Still, a Jacksonville DUI defendant that has a history of DUI charges may be able to avoid jail time. If a DUI defendant wants to plea bargain with the prosecutor, his Jacksonville Driving Under the Influence Attorney should present mitigation to the prosecutor to show why the State of Florida should be lenient with the DUI client. While Driving Under the Influence is a serious crime in Jacksonville, good people make mistakes and do not necessarily deserve to go to jail for this crime.
October 20, 2008
Expunging Fraudulent Check Charges in South Carolina
According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record. South Carolina has certain requirements that must be met.
- The South Carolina fraudulent check conviction is a first offense.
- It has been one year since the South Carolina fraudulent check conviction, and the defendant has no other convictions during that one year period.
- The defendant has never expunged a South Carolina check charge before.
For instance, a South Carolina resident is arrested for a fraudulent check charge on January 1, 2000. While in jail, on January 5, 2000, he is charged with another fraudulent check charge that he committed before he went to jail. He may not expunge either of the South Carolina check charges due to the fact that he obtained another charge within one year. This is true even if he plead guilty to the cases at the same time. On the other hand, if he was charged with both South Carolina check charges on January 1, 2000, he would be able to expunge both check charges.
To learn more about expunging your South Carolina criminal record, contact a South Carolina Expungement Attorney.
October 15, 2008
Restoring Your Civil Rights in Jacksonville, Florida
There is an answer. You can get your civil rights restored. In order to restore your civil rights in Jacksonville, Florida, you must submit a restoration of civil rights application to the Florida Office of Executive Clemency. While your application is being considered, the Florida Parole Commission may conduct an investigation. Depending on the results of this investigation, you may be subject to a hearing to decide whether your rights will be restored. However, there are things that you can do to help. For instance, you can show the positive steps that you have made in your life since the felony conviction. You can send letters of reference from people in the community that are familiar with your good character.
To learn more about Florida Restoration of Civil Rights in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Restoration of Civil Rights Attorney. A Jacksonville Restoration of Civil Rights Lawyer will handle every aspect of the civil restoration process for you.
October 4, 2008
The Importance of Jacksonville Criminal Defense Lawyers
For instance, watch the famous HBO documentary "Murder on a Sunday Morning." In this case, two Jacksonville Criminal Defense Lawyers at the Public Defenders Office (Mr. McGuinness and Ms. Finnell) represented Jacksonville Criminal Defendant, Brenton Butler. This Jacksonville Criminal Defendant was only 16-years-old and charged with first degree murder. At Mr. Butler's trial, the Jacksonville Criminal Defense Attorneys proved that Jacksonville police officers beat a confession out of Mr. Butler. Due to the hard work of the Jacksonville Criminal Defense Lawyers, Mr. Butler was found not guilty.
However, the most important part of this case is what occurred a day after the HBO documentary aired. The Jacksonville Sheriff announced that the Jacksonville Sheriff's Office would begin videotaping confessions. This shows that a Jacksonville Criminal Defense Lawyer can change the Jacksonville community for the better. I find this story inspiring and motivating, and it makes me proud to be a former Jacksonville Assistant Public Defender and a Jacksonville Criminal Defense Attorney.
October 2, 2008
Abuse of a Jacksonville Restraining Order
As Jacksonville Florida Domestic Violence Attorney, I have seen cases where restraining orders (injunctions for protection against violence) are needed and cases when the are abused. Not every person that files for an restraining order needs one. Sometimes, people petition for an injunction against for protection against violence as a tool. For example, I represented a man (John) for a violation of a domestic violence injunction in Jacksonville, Florida. The alleged victim (Jody) was his girlfriend. They had a "love-hate" relationship. Before I met John, Jody had a restraining order issued against him in Jacksonville, Florida (Duval County). After the injunction was issued, they worked things out and moved in together. On day, the couple had an argument, and she called the Jacksonville Sheriff's Office. John was arrested for Violation of an Injunction for Protection Against Violence. He taken to the Duval County Jail in Jacksonville Florida. The prosecutor filed charges against him and pursued the case.
Eventually, I was able to get the charges dropped. However, technically, he was guilty of Violation of an Injunction for Protection Against Violence in Jacksonville, Florida. Due to the injunction, John was not to have any contact with Jody. It doesn't matter if Jody initiates the contact or wants to have contact with John.
To learn more about Injunctions, speak with a Jacksonville Florida Domestic Violence Lawyer.