Jacksonville Criminal Defense Lawyer Blog: November 2008 Archives

November 2008 Archives

November 26, 2008

Driver's Licenses Available to Florida Habitual Traffic Offenders

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.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Driver's Licenses , Habitual Traffic Offenders

November 20, 2008

Jacksonville Firm Burglarized: Children's Computers Stolen

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.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Burglary

November 18, 2008

How to Seal a Criminal Record in Jacksonville, Florida

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.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

November 18, 2008

Getting a Criminal Record Expunged in Jacksonville, Florida

Everyone makes mistakes. Sometimes, a mistake can result in a criminal record. This criminal record will follow a person forever, but there is a way to fix this. In some cases, you may be able to get your record expunged. To expunge a record in Jacksonville, Florida, there are certain requirements that must be met:

The case did not result in a criminal conviction. Either the prosecutor never filed the case, the charges were dropped or dismissed, you were acquitted, or the conviction was withheld. If the conviction was withheld or you were acquitted, your record must have been sealed for 10 years. Therefore, if you are trying to get a withheld conviction or acquittal sealed, you need to seal the file first, and then have it expunged.
You must have no prior criminal record and you can only expunge one arrest. In order to expunge 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 expunged. For a list, see Florida Statute Section 943.0585.
The proper paperwork and background check must be completed.

If you are interested in getting a criminal record expunged in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Florida Expungement Attorney.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Expunge a Criminal Record , Expunging and Sealing Criminal Records

November 17, 2008

Florida Teacher Arrested for Delivery of Drugs

Police arrested a Florida teacher, Valerie Elaine Sabarese, for possession and delivery of heroine and crack cocaine. Hillsborough County Police claim that she sold undercover detectives the illegal drugs at a convenience store.

In Florida, sale of a controlled substance, such as cocaine and heroine, is a second degree felony and can result in a maximum of 15 years in Florida State Prison. However, Ms. Sabarese's case has another obstacle to overcome. Florida Law increases the penalty for sale of a controlled substance if it is within 1,000 feet of a convenience store. In that situation, the sale of cocaine and heroine is a first degree felony and is punishable by up to 30 years in Florida State Prison.

Although this crime occurred in West Florida, the law is the same for the entire state, including Jacksonville, Florida. As a Jacksonville Florida Drug Crime Attorney, I have handled many cases involving sale of cocaine and other controlled substances. In some cases, the criminal defendant is not guilty of the offense, and there may be an issue of mistaken identity. In other cases, the criminal defendant may have sold the drugs due to an excessive drug problem. A Jacksonville Florida Drug Crime Lawyer understands that each case is different and requires special attention.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Drug Crimes , Sale of a Controlled Substance

November 14, 2008

Jacksonville Man Awaits Sentencing for Child Abuse

In Jacksonville, Florida, Randall Piercy sits in the Duval County Jail awaiting his sentence for child abuse. This Jacksonville resident recently pled guilty to the charge of aggravated child abuse, but he has been in the custody of the Jacksonville Sheriff's Office since his arrest in 2006.

Under Florida Law, Aggravated Child Abuse occurs when a person, among other things, willfully and unlawfully cages a child. In Mr. Piercy's case, he pled guilty to imprisoning his nine-year-old son, so he could be facing up to 30 years in prison.

Mr. Piercy's sentencing hearing is scheduled for December 15, 2008 at the Duval County Courthouse in Jacksonville, Florida. The sentencing hearing is a very important part of the case, and will decide how much time in jail this criminal defendant will face.

To learn more about Aggravated Child Abuse, contact a Jacksonville Child Abuse Lawyer.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Aggravated Child Abuse , Crimes Against Children

November 12, 2008

Florida Driver Charged with Four Counts of Aggravated Assault

In St. Augustine, Florida, Barry Gibby and Kelly Brooks were arrested in connection with theft of case of beer on Veteran's Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.

Under Florida Statute Section 784.011, a criminal defendant commits assault if:

The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.
At the time, the defendant appeared to have the ability to carry out the threat.
The defendant's act created, in the alleged victim's mind, a well-founded fear the violence was about to take place.

According to Florida Statute Section 784.021, assault becomes aggravated assault if the defendant used a deadly weapon or has the intent to commit a felony.

In Mr. Gibby's case, the aggravated assault occurred when he allegedly attempted to hit three police cars. However, he may have a defense to this crime. In Jacksonville, Florida and the surrounding areas, in order to be convicted of the crime of aggravated assault with a deadly weapon, the defendant must intend to assault the victim. If Mr. Gibby did not intend to hit the police officers with his vehicle, then he did not commit aggravated assault with a deadly weapon.

In Jacksonville, Florida and the surrounding areas, Aggravated Assault with a Deadly Weapon is a serious offense. If you are charged with Aggravated Assault, you should hire a Jacksonville Florida Aggravated Assault Attorney. A Jacksonville Florida Aggravated Assault Attorney has experience with assault crimes and knows the importance of your case.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Aggravated Assault , Assault

November 12, 2008

Florida Driver Arrested after Fleeing From Police

Clearly, Mr. Gibby faces many criminal charges, but the most significant is Fleeing and Attempting to Elude a Law Enforcement. In Jacksonville, Florida and the surrounding areas, Fleeing and Attempting to Elude a Law Enforcement Officer is a third degree felony, which is punishable by up to 5 years in prison. However, Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer is a second degree felony. This is punishable by up to 15 years in prison. While Mr. Gibby may have been arrested for Fleeing and Attempting to Elude a Law Enforcement Officer, it is likely that the prosecutor in St. Augustine will file his charges as Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer. The aggravating factor in Mr. Gibby's case is the fact that he speed and drove erratically. Additionally, he almost hit three police cars.

In my experience as a Jacksonville Florida Criminal Defense Attorney, the State Attorney's Office takes Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer very seriously. The prosecutor usually pushes for prison time. If you have been arrested for Fleeing and Attempting to Elude or Aggravated Fleeing and Attempting to Elude, you should contact a Jacksonville Fleeing and Attempting to Elude Attorney. A Jacksonville Fleeing and Attempting to Elude Lawyer understands how serious your case is and can represent you to the fullest. Contact our Jacksonville Criminal Defense Lawyers by email or by calling 904-685-1200.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Aggravated Fleeing and Attempting to Elude , Fleeing and Attempting to Elude

November 11, 2008

Florida DUI Lawyer: Arrest of Jacksonville CBS Anchorman

John O'Connor, a CBS anchorman, was arrested for Driving Under the Influence (DUI) in Atlantic Beach, Florida. Police found a beer in his car. According to the arresting officer, John O'Connor failed Field Sobriety Tests and appeared to be impaired by alcohol.

In Jacksonville, Florida, Field Sobriety Tests (also known as Field Sobriety Exercises) are given to drivers that are under suspicion for DUI. They are a series of exercises that an officer makes a driver perform in order to determine if the person is impaired. These exercises include:

(1) Horizontal Gaze Nystagmus- an officer uses a pen and moves it side to side watching the driver's eyes,

(2) Walk and Turn- the driver must walk a strait line, turn, and walk back,

(3) One-leg stand- the driver must close his or her eyes and put one leg up while counting to 30, and

(4) Rhomberg Alphabet- the driver must recite the alphabet very slowly.

At first glance, these exercises may seem easy, but they are not. For instance, I find the ABC test the most difficult. When performing the test, you cannot sing the alphabet. You must say it very slowly. By the time I make it less than halfway through, I forget the next letter. Most people are accustomed to signing the alphabet. This is how we were taught. This ABC test is meant to help an officer determine if a person's normal faculties are impaired, but how does it measure that? People do not normally recite the alphabet slowly, so how does this test measure their "normal faculties." I never tried it until I became a Jacksonville Florida DUI Lawyer.

These Field Sobriety Tests do not measure a person's normal faculties. Normal faculties include your ability to see, hear, walk, and talk. For example, the "Walk and Turn" test does not judge this. Just because a driver cannot perform this test perfectly, does not mean that he or she should be charged with DUI. In order to pass this test, you must walk, heel to toe, on a strait line. Then, you must take very small steps to turn pivoting on one leg, and walk back, heel to toe. Who does this? This is not a normal faculty. If you really want to know if a person cannot function normally, you should have the person walk around like they normally would.

If you were arrested for DUI, the police officer likely asked you to take Field Sobriety Exercises. If you did take them, the police officer based your arrest on the results of these tests, at least partially. If you refused to take them, the prosecutor is going to try to use this against you. It is important to hire a Jacksonville Florida DUI Attorney to review the evidence that the State of Florida has against you. A Jacksonville Florida DUI Attorney has experience with the crime of DUI and will fight to keep you out of jail, to protect you from a damaging criminal record, and to keep you driver's license. At the Apple Law Firm PLLC we help clients who are charged with DUI.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

November 11, 2008

San Marco Doctor Robbed In Jacksonville Florida

On Sunday morning, two masked men robbed a doctor at gunpoint in Jacksonville, Florida. They forced their way into the doctor's house seeking Oxycontin. However, the doctor did not have this medication, but they did steal $150 in cash.

Clearly, the men that committed will be subject to home-invasion, armed robbery charges in Jacksonville, Florida, but it does not end there. Florida enacted a law known as "10, 20, Life." This law creates a minimum mandatory sentence for criminal defendants that use a firearm in the commission of a crime. For example, the men that committed the robbery were in actual possession of a gun. As such, these criminal defendants will be subject to a minimum mandatory sentence of 10 years in the Florida State Prison.

A criminal defendant that is charged with any crime that involves a firearm should hire a Jacksonville Florida Gun Crime Attorney to protect the criminal defendant's interests. The "10, 20, Life" Florida law is complicated. A Jacksonville Florida Criminal Defense Lawyer that understands the penalties associated with a gun crime will be able to represent the criminal defendant to the fullest.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: 10-20-Life , Armed Robbery , Crimes and Penalties , Gun Crimes

November 10, 2008

Florida DUI Lawyer: A DUI Can Ruin the Holidays

The cold weather is here in Jacksonville, Florida, and we all know that means: football, Thanksgiving, Christmas, and New Years. While this is a joyous time for most people, one thing can ruin it: Driving Under the Influence (DUI). Not only can a Florida DUI result in serious injury or death, it also results in an arrest and loss of your driver's license.

The best way to avoid a DUI is to designate a driver or call a taxi-cab. DUI does not mean that you are drunk and driving, it means that you have consumed enough alcohol to the extent that you are too impaired to drive. If you are arrested for DUI, you need to hire a Jacksonville Florida DUI Attorney to protect your rights. You should act fast. In order to attempt to regain your driving privileges, you need to set a hearing with the department of motor vehicles within 10 days of your arrest. A Jacksonville Florida DUI Lawyer can do this for you. Also, you will be going to criminal court on this charge, and a Jacksonville Florida DUI Attorney can start working on your case and discussing it with the prosecutor before you even make it to the courtroom.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

November 10, 2008

Jacksonville Gun Crimes Equal Hard Time

The Jacksonville Sheriff's Office has in effect an initiative known as "Operation Safe Streets." Due to Jacksonville's soaring murder rate, this initiative focuses on gun crimes. The idea behind Operation Safe Streets is that a criminal defendant charged with a gun crime will serve time in jail. The goal of the Jacksonville Sheriff's Office is to get guns off the street, stop people from carrying guns illegally, and send a message to the community to deter gun crimes.

While there is a need for gun crime deterrence in Jacksonville, a bright-line rule that a "Gun Crime = Hard Time" is not the answer. As with everything in life, there are exceptions to the rule. In some cases, jail time for someone charged with a gun crime may not be the solution. For example, imagine a man that recently began carrying a concealed firearm in his vehicle for protection. He has no criminal record and is in the process of obtaining his permit, but does not have it yet. Technically, he may be charged with a felony and sent to jail or prison, but is this fair? Each case should be evaluated on a case by case basis. A rule that everyone charged with a gun crime should go to jail, period, does not make sense.

A Jacksonville Florida Gun Crime Attorney can evaluate the case and show the prosecutor why a person charged with a gun crime is different from other criminal defendants. A Jacksonville Florida Gun Crime Lawyer knows that not every person arrested for a gun crime deserves to go to prison or jail.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Gun Crimes

November 10, 2008

Jacksonville Jaguar's Shooter Arrested for Attempted Murder

Tyrone Hartsfield will be arraigned today in Jacksonville, Florida. He was arrested for the attempted murder of Jacksonville Jaguar football player, Richard Collier. Florida Statute Section 782.04 defines first-degree murder as the unlawful, premeditated killing of a human being. If the criminal defendant is unable to carry out the murder, this is attempted murder. In order to commit attempted murder, you must specifically intend to kill another human being. It is the state attorney's burden to prove that you intended to kill the other person.

In Mr. Hartsfield's case, he is accused of shooting Mr. Collier. However, this alone is not enough to convict him of attempted first degree murder. It must be shown that he intended to kill Mr. Collier. That is where a Jacksonville Criminal Defense Lawyer comes in. A Jacksonville Attempted Murder Attorney can investigate the case to determine if the prosecutor is able to prove that the criminal defendant had the requisite intent. In a serious case, such as attempted murder, it is import to have a Jacksonville Criminal Defense Attorney that is well-versed in criminal law to protect the criminal defendant's rights and liberties.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Attempted Murder

November 7, 2008

Bond Reduction for Accused Jacksonville Murderer

In Jacksonville, Florida, Barry Carrell obtained a bond reduction on the charge of murder yesterday. Under the Florida Rules of Criminal Procedure 3.131, a criminal defendant is entitled to a reasonable bond. When setting a bond, the judge takes several factors under consideration. The court will look at:

(1) the crime that the defendant is charged with and the circumstances surrounding it,
(2) the strength of the evidence against the criminal defendant,
(3) the criminal defendant's ties to the community, including his or her family and his job,
(4) the criminal defendant's past criminal record,
(5) the likelihood that the criminal defendant will appear in court, and
(6) whether or not the criminal defendant is a threat to the community.

If you or someone you know has been arrested or you anticipate that he or she will be arrested, you should hire a Jacksonville Florida Criminal Defense Attorney to represent you. A Jacksonville Florida Criminal Defense Lawyer can argue for a low bond at your bond hearing. You may be eligible for a non-monetary bond (release on your own recognizance). Also, a Jacksonville Florida Criminal Defense Attorney can argue for a bond reduction if your bond has already been set.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Bond Hearings

November 6, 2008

Jacksonville Florida Nursing Home Worker Shot Due to Domestic Violence

Yesterday, a nursing home worker was shot by her boyfriend in the parking lot of the Southpoint Terrace Skilled Nursing and Rehabilitation Center. The two met in the parking lot of the Center, an argument ensued, and he shot her several times.

Domestic Violence occurs too often in Jacksonville, Florida. Many victims of Domestic Violence do not know what they can do to stop it. However, there are options available. For instance, a victim of domestic abuse can petition the court for an Injunction for Protection against Domestic Violence (a restraining order). Once this petition is granted, the other person cannot have contact with the victim. If contact is made, he or she will be arrested and can serve up to one year in jail.

In the case of the nursing home worker, I seriously doubt that this was the first instance of violence. She was likely eligible to obtain an injunction or restraining order against her boyfriend. With this restraining order, she would have been able to call the police and have her boyfriend arrested just for showing up in the parking lot. He could have been arrested just for calling her. She did not even need to walk outside. Additionally, he would have been caught carrying a firearm. If he did not have a permit, he would have been charged with a felony.

If you are a victim of domestic violence, now is the time to act. Do not be a victim any longer. A Jacksonville Florida Domestic Violence Attorney can help you obtain an injunction for protection against violence (restraining order). A Jacksonville Florida Domestic Violence Attorney knows your rights and will be an advocate for you. There is nothing more valuable than your safety.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Domestic Violence , Injunctions

November 5, 2008

Florida Football Player Arrested for Felony Battery

In Gainesville, a Florida football player, Jacquez Rickerson, was arrested for Florida felony battery. The alleged victim is his girlfriend. Mr. Rickerson allegedly slapped her, choked her, and covered her face with a pillow. This occurred at his girlfriend's apartment.

While it is true that violence occurs in relationships, it is also true that people make false accusations. Likewise, there are two sides to every story, and the truth is not always what is documented in the police report. Therefore, a criminal defendant that is charged with felony battery should have a Jacksonville Criminal Defense Attorney explore every defense possible in his case.

Felony battery is a very serious charge that may result in prison time. In Mr. Rickerson's case, he has a lot to lose. Due to this battery arrest, he was kicked off of the football team. However, it does not stop there. A felony conviction can follow Mr. Rickerson for the rest of his life. It can result in him being removed from the university. Additionally, it will have an affect on his job opportunities, ability to obtain government student loans, and obtain any type of professional degree.

If you find yourself in a similar situation as Mr. Rickerson, it is important to hire a Jacksonville Criminal Defense Attorney as soon as possible. A Jacksonville Criminal Defense Lawyer can find a better disposition in your case. An arrest for felony battery does not need to result in a felony conviction or incarceration. There maybe other options for you.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Felony Battery

November 4, 2008

Florida Teen Files a False Rape Charge

A 15-year-old girl in Palatka, Florida may have lied about being raped in a public school's bathroom. The girl alleged that an unknown male forced her into the bathroom during school hours and raped her at knife point. After the alleged rape, she returned to class. She did not report the rape until after she returned home and spoke with her mother, which occurred hours later. There may be evidence that she concocted this story in ordered to cover up a sexual encounter that that she had off-campus. This case is still under investigation.

If this Palatka, Florida high school student did lie about being raped, she may face serious charges. Under Florida Statute 837.05, a person that "gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree." A first-degree misdemeanor is punishable by up to one year in the county jail. However, that is not the end of it. In Florida, if a person gives false information about a crime and that crime is a capital felony, she has committed a third degree felony, punishable by to up to five years in Florida State Prison.

A false report that alleges this type of sexual battery, a capital felony, could result confinement to a juvenile facility and being adjudicated a juvenile delinquent. Although a 15-year old is a juvenile, her juvenile record will follow her for the rest of her life. It could effect her ability to get into college, obtain government sponsored student loans, obtain a professional license, and may result in deportation if the offender is not a United States citizen.

If a person is anticipating being charged with a the crime of filing a false police report, he or she should contact a Florida Criminal Defense Attorney as soon possible. A Jacksonville Criminal Defense Lawyer can discuss the case with the state attorney office in order to prevent the filing of charges.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | Permalink | Email This Post

Posted In: Sexual Battery