Jacksonville Criminal Defense Lawyer Blog: December 2008 Archives

December 2008 Archives

December 31, 2008

Jacksonville Murder Case Reversed

On June 21, 2007, Steven Montgomery was found guilty of second-degree murder in Jacksonville, Florida. Patrick McGuinness and I were the Jacksonville criminal attorneys assigned to the case at the Public Defender Office. The Jacksonville State Attorney's Office was seeking a conviction for first-degree murder in this Jacksonville murder case which would result in a minimum mandatory sentence of life in prison. However, the jury found Montgomery guilty of second-degree murder instead. After the Jacksonville sentencing hearing, Montgomery was sentenced to 45 years in the Florida State Prison.

Today, the Florida First District Court of Appeal reserved Montgomery's judgment and sentence and remanded the case for a new trial. The court ruled that the Jacksonville trial court made a fundamental error when it gave a manslaughter instruction that erroneously suggested that an intent to kill is an element of Jacksonville manslaughter.

The good news for Montgomery is that he gets a shot at a new Jacksonville murder trial. Under Florida's Double Jeopardy Laws, the State cannot try him for first-degree murder again. He can only be tried for second-degree murder, the crime that he was convicted of in Jacksonville. However, he has the chance of being acquitted or convicted of a lesser offense, like Jacksonville manslaughter. Also, Montgomery cannot be sentenced to more than 45 years in prison for the Jacksonville murder. Therefore, even if he is convicted of Jacksonville second-degree murder again, he gets another sentencing hearing. At the hearing, he may get less than 45 years in jail. In the end, Montgomery comes out ahead in this Jacksonville murder case. He gets a new trial and cannot be convicted or sentenced to anything more than he already has been. He has nothing to lose from a retrial of his Jacksonville second-degree murder case and everything to gain.

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

Posted In: Defenses , Double Jeopardy , Murder

December 31, 2008

Jacksonville DUI Lawyer: Over the Limit, Under Arrest?

Mothers Against Drunk Driving (MADD) and police departments across the nation ran a nationwide campaign titled "Over the Limit, Under Arrest." According to Florida's Driving Under the Influence (DUI) laws, it is unlawful to drive a vehicle with a breath-alcohol level of 0.08 or higher. In Jacksonville, Florida, the legal "limit" that is referred to in the MADD campaign is a breath-alcohol level of 0.08. However, the phrase "Over the Limit, Under Arrest" is not true at all.

As Jacksonville DUI Attorney, I have handled hundreds of Driving Under the Influence cases. In every Jacksonville DUI case that I have seen, the driver was arrested before he gave a breath sample. With Jacksonville DUI cases, the driver is arrested for DUI and then taken to the police station. At the police station, he is asked to provide a breath sample. If he refuses to give a sample, he is still under arrest. Even if he gives the sample and blows under the legal limit, he is still under arrest. Therefore, in Jacksonville, there is no such thing as "Over the Limit, Under Arrest." If a police officer suspects that you are driving under the influence, you will be arrested for a DUI in Jacksonville. The legal limit has nothing to do with it.

As a Jacksonville DUI Attorney, I have tried many DUI cases. In jury selection, I ask the panel if they know that even if you pass a breath test, you are not "unarrested." You still spend the night in jail on Jacksonville DUI charges. In every Jacksonville DUI case, the jury is surprised to learn this. Likely, their surprise is due to what the see on television which includes DUI ads like "Over the Limit, Under Arrest."

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

Posted In: DUI / DWI - Driving Under the Influence

December 30, 2008

Jacksonville Juvenile Criminal Intervention

We all make mistakes as juveniles. Sometimes, that juvenile mistake can lead to an arrest. Most Jacksonville Juvenile Lawyers and Prosecutors will agree that early intervention in Jacksonville juvenile cases is the best solution. In many Jacksonville juvenile cases, the defendant is not a repeat offender. Often, the juvenile is a first time offender that made a poor choice and is scared of the juvenile justice system. The best way for a Jacksonville Juvenile Lawyer to handle a juvenile case is to divert the case out of the courtroom and into a diversion program. Once the Jacksonville juvenile successfully completes the diversionary program, his charges will be dropped. This is beneficial to the Jacksonville juvenile for numerous reasons. First, the Jacksonville juvenile's charges will be dropped, which is the best possible outcome in any case. Second, if the Jacksonville juvenile charges are dropped, he can petition the Florida Department of Law Enforcement to get his Florida record expunged.

If you have questions about a juvenile case in Jacksonville or the surrounding area, contact a Jacksonville Juvenile Lawyer.

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

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

December 24, 2008

Jacksonville Judge Declares Mistrial for Vesey Murder Case

Jacksonville Judge, John Merrett, after nine days of trial, declared a mistrial in the David Vesey murder case yesterday due to juror misconduct. A Jacksonville juror conducted research on her own about the "shaken baby" murder case. The case will be retried.

Jacksonville jury trials are very time-consuming and expensive for the State of Florida, Jacksonville criminal attorneys, and the criminal defendant. A Jacksonville criminal attorney goes through extensive preparation for a jury trial. In some cases (as in Vesey's case), the trial can take many days to complete. When the court retires for the day, the Jacksonville criminal attorney does not. That Jacksonville criminal attorney must continue to prepare for the next day of trial. When a Jacksonville case results in a mistrial, the process starts all over again. This is not only time-consuming for the Jacksonville criminal attorney, but expensive for the criminal defendant that must pay for another trial.

It is important for the jury to follow all of the instructions given by the judge. In every Jacksonville criminal case, the judge instructs the jury not to research the case. In Mr. Vesey's case, the Jacksonville juror did not follow these directions. Now, the State of Florida must pay for a new trial, and the Jacksonville criminal attorney must prepare for trial, once again. This Jacksonville criminal attorney and his client will have to deal with the expenses involved in another trial.

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

Posted In: Murder

December 23, 2008

Jacksonville Couple Arrested for Grand Theft of Puppy

Moreen Cunningham and Aaron Taber were arrested for Jacksonville Grand Theft of an $850 Chihuahua. In Jacksonville, Florida, Grand Theft is a felony if the property stolen is worth more than $300. Cunningham took the puppy, and Taber stated that he could not stop her.

Depending on Taber's involvement in this Jacksonville Grand Theft, he may be charged as a principal. If a Jacksonville criminal defendant is charged as a principal, he will be treated as if he committed the same crime as his Jacksonville co-defendant. In this case, Taber will be treated as if he committed the Jacksonville Grand Theft if:

Taber had a conscious intent that the Jacksonville Grand Theft be committed, and
Taber did something to assist or encourage Cunningham to commit the Jacksonville Grand Theft.

To learn more about Jacksonville Theft Crimes, contact a Jacksonville Theft Attorney or visit www.jacksonvillelawyer.pro.

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

Posted In: Grand Theft , Theft

December 23, 2008

Jacksonville Grand Theft of a Puppy

Moreen Cunningham and Aaron Taber have been charged with Grand Theft in Jacksonville, Florida. The couple is accused of stealing a puppy valued at $850 from a Jacksonville pet store. Cunningham told police that she committed the Jacksonville Grand Theft in order to give the puppy to her children as a Christmas present, while Taber stated that he could not stop her.

While Grand Theft is a serious crime in Jacksonville, Florida, Cunningham's actions are not unheard of. Many Jacksonville residents are feeling the pressure of a declining economy and job losses. While this does not justify the Jacksonville Grand Theft, Cunningham does not necessarily deserve a harsh sentence. Instead, the prosecutor should look at her criminal record and the circumstance surrounding her Jacksonville Grand Theft arrest to decide what sentence is appropriate. If Cunningham does not have a criminal record, she should be eligible for the Jacksonville pre-trial intervention program. The Jacksonville pre-trial intervention program helps first offenders by allowing them to give back to the Jacksonville community and in return, their charges will be dropped.

To learn more about Jacksonville Theft Crimes, contact a Jacksonville Theft Attorney or visit www.jacksonvillelawyer.pro.

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

Posted In: Grand Theft , Theft

December 22, 2008

Jacksonville Jaguar Player Arrested on DUI Driver's License Suspension

Jacksonville Jaguar, Tararous Bain, was arrested on Sunday for driving on a suspended license. His license was suspended due to a prior DUI charge. A Jacksonville Driving Under the Influence (DUI) charge can result in a suspended driver's license. The Jacksonville DUI License Laws are as follows:

For the first Jacksonville DUI conviction, your Florida driver's license is suspended for 6 months.
For a second Jacksonville DUI conviction, there is a 5 year Florida driver's license suspension if the second Jacksonville DUI occurred within 5 years of the first DUI. If not, the DUI will only result in a 6 month suspension.
For a third Jacksonville DUI conviction that occurs within 10 years of a prior DUI, your Florida driver's license will be suspended for 10 years. If the third Jacksonville DUI occurs outside of this 10 year period, the suspension is only for 6 months. Remember, if two of those Jacksonville DUI cases are within 5 years of each other, the Florida driver's license will be suspended for 5 years.
For a fourth Jacksonville DUI, your driver's license will be suspended permanently.

You may be eligible for a Florida hardship license (unless you have a fourth Jacksonville DUI). To learn more about Jacksonville DUI cases, contact a Jacksonville DUI lawyer.

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

Posted In: DUI / DWI - Driving Under the Influence

December 19, 2008

More Evidence in Anthony's Florida Child Murder Case

There is new evidence in the murder case of Caylee Anthony, a Florida missing child. At the start of this Florida missing child case, many suspected that her mother, Casey Anthony murdered the child in Florida. However, Casey Anthony was not charged with the Florida murder until months after the child's disappearance, due the need for more evidence. In October, she was charged with the Florida murder of her missing child. Today, more circumstantial evidence in the Florida child murder case was discoveredand is likely being reviewed by her Florida criminal lawyer and the Florida prosecutor. The remains are just another piece of evidence that her Florida criminal defense lawyer will need to rebut.

Continue reading "More Evidence in Anthony's Florida Child Murder Case" »

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

Posted In: Evidence , Murder

December 17, 2008

Seal a Florida Criminal Record

We all make mistakes or do something that we later regret. As a Jacksonville criminal lawyer, I see this all to often. A Florida resident commits a minor crime, and his Florida criminal background haunts him. Sealing a Florida criminal record can help. By obtaining a seal on a Florida record, it is not open to the public. A Florida record seal prevents most people from viewing your criminal record.

For more information on how to seal a Florida criminal background, contact a Florida Record Sealing Attorney or visit www.jacksonvillelawyer.pro. Our Florida law firm charges only $395.00, plus a fee of $75.00 for the FDLE application process. See our Cost of Sealing a Florida Criminal record page.

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

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

December 16, 2008

Sharon Osbourne Investigated for Battery

Rock of Love Charm School host and rock star wife, Sharon Osbourne, is being investigated for battery. Allegations have been made that she attacked one of the reality show's contestants, Megan Hauserman. Depending on the results of a police investigation, she could be charged with battery in California.

Under Florida law, Jacksonville battery occurs when a person intends to (1) touch another person against that person's will or (2) cause bodily harm to another. Jacksonville battery is a first degree misdemeanor, so it is punishable by up to one year in jail. If the battery between Osbourne and Hauserman had occurred in Jacksonville, Osbourne could face jail time.

To learn more about Jacksonville battery, contact a Jacksonville battery attorney or visit www.jacksonvillelawyer.pro.

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

Posted In: Battery , Battery

December 16, 2008

Expunging a Florida Criminal Record

As a Jacksonville Criminal Attorney, I have represented many criminal defendants in Jacksonville, Florida. Many people think that a Jacksonville Criminal Attorney must represent "bad" people, but this is not always the case. Bad things can happen to good people, so they need a Jacksonville Criminal Attorney to work hard for them. However, even if the charges are dropped, the arrest can result in a Florida criminal record. A Florida criminal record can haunt a person forever.

A Jacksonville Criminal Attorney can help by expunging a Florida criminal record. A Florida criminal record can be expunged if the Florida charges were dropped, dismissed, or never filed. You can expunge a Florida criminal record if it been sealed for 10 years.

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

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

December 14, 2008

Jacksonville Criminal Attorneys are Needed at Bond Hearing

In Jacksonville Florida's first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants are not represented by a Jacksonville criminal lawyer. Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

As a Jacksonville Criminal Lawyer, I have spent a lot of time in Duval County first appearance court for bond hearings. I have seen many Jacksonville Criminal Defendants stand before a judge without representation. While there is a Jacksonville Public Defender present in the room, this is only one Jacksonville Criminal Defense Lawyer to represent one hundred or so Jacksonville Criminal Defendants in one day. It is not possible for a Jacksonville Criminal Attorney to adequately represent that many people at one time.

Jacksonville Criminal Defendants that hire a Jacksonville Criminal Defense Lawyer for a bond hearing have the benefit of one lawyer for one client. Also, an experienced Jacksonville Criminal Defense Lawyer will give the judge favorable and valuable information about the the Jacksonville Criminal Defendant to the judge at the bond hearing. The reason a Jacksonville Criminal Attorney presents this information is to achieve a lower bond for the Jacksonville Criminal Defendant.

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

Posted In: Bond Hearing

December 12, 2008

Florida Confession Does Not Mean Conviction

As a Jacksonville Florida Criminal Defense Lawyer, I have represented thousands of criminal defendants in Jacksonville. Normally, the worse piece of evidence against a Jacksonville criminal defendant is a confession to the crime. However, Florida law is interesting when it comes to criminal defendant's confessions. Florida law does not allow a confession by a criminal defendant to be entered into evidence unless the Jacksonville prosecutor has proven the corpus delicti of the crime. Corpus Delicti is "the body of the crime." The Jacksonville prosecutor must present sufficient direct or circumstantial evidence that a crime was committed and the Jacksonville criminal defendant committed that crime. If this does not occur, the Jacksonville criminal defendant's confession cannot be admitted into evidence.

For example, in a Jacksonville Driving Under the Influence case, the prosecutor must show that the Jacksonville criminal defendant was (1) driving, (2) under the influence of drugs or alcohol, and (3) impaired by the drugs or alcohol. If the only evidence that the Jacksonville criminal defendant was driving is his confession, that confession cannot be entered into evidence. If the Jacksonville criminal defendant's confession is not entered into evidence, the prosecutor cannot prove the "driving" element required in Jacksonville DUI cases. The end result is case dismissed!

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

Posted In: DUI / DWI - Driving Under the Influence , Defenses

December 11, 2008

Jacksonville DUI Attorney: Videos Can Make or Break the Case

A Florida DUI Video can make or break a Jacksonville Driving Under the Influence Case. In some Jacksonville Police Cars ( DUI units), the vehicle is equipped with a dash camera. When an Jacksonville officer turns on his emergency lights to stop a vehicle, the camera activates. The camera records the stop and everything that occurs after the stop.

As a Jacksonville DUI lawyer, I have seen many Florida DUI videos. Most of the time, the recordings are favorable to a Florida DUI defendant. In the DUI video, the Jacksonville driver will exit the vehicle without a problem, speak properly, and not appear to be impaired at all. To the contrary, the Jacksonville police officer will state, in his report, that the person had trouble exiting the vehicle, speaking, and walking. The police officer will say that these are all signs of impairment in a Jacksonville DUI case, and that the DUI defendant exhibited these signs. However, the Driving Under the Influence video does not lie. Instead, when comparing the video to the officer's testimony, it appears that the Jacksonville driver was not impaired, and the police officer is not being truthful.

To learn more about Jacksonville DUI videos and how they can be beneficial to a Jacksonville Driving Under the Influence case, contact a Jacksonville Driving Under the Influence Attorney.

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

Posted In: DUI / DWI - Driving Under the Influence

December 9, 2008

Two Possible Suspects in the Ponte Vedra Burglaries

Ponte Vedra Beach, Florida was recently hit with a string of burglaries. The are two possible suspects in the Ponte Vedra Burglaries. According to recent reports, two men were caught on video using a credit card that was stolen during the burglaries at a Jacksonville Wal-Mart.

At first glance, it would appear that these two men committed the Ponte Vedra burglaries. However, that may not be the case. St. John's County police officers found a television and laptop near of one Ponte Vedra Beach home, and they obtained fingerprints from the television. The prints may not belong to the two men. If the Ponte Vedra burglars left a television and a laptop after the burglary, it is possible that they left the credit cards as well. The two men may have found the credit card or another person may have given it to them. While they should not have used the card, they are not necessarily guilty of burglary in Ponte Vedra.

As a Jacksonville Burglary Attorney, the first thing that I would look at is the time between the Ponte Vedra burglary and the Jacksonville Wal-Mart purchase. The longer the time period, the more likely it is that the two men received the card at a later time and did not obtain it by burglary.

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

Posted In: Burglary

December 9, 2008

String of Burglaries in Ponte Vedra Florida

Recently, there has been an increase in burglaries in Ponte Vedra Beach. St. John's County police officers have been responding to calls from Ponte Vedra residents complaining that their homes were burglarized and their property has been stolen. St. John's County police are investigating these cases, and they do have a lead. St. John's County police have video surveillance of two men buying a television with a credit card that was stolen from a burglarized Ponte Vedra home.

In Jacksonville and the surrounding areas (such as Ponte Vedra), burglary happens often. In many Jacksonville burglary cases, the culprit is not apprehended. It is difficult for police to solve a Jacksonville area burglary without any kind of "lead" in the case. In my experience as a Jacksonville Burglary Lawyer, police usually get a lead for a Jacksonville burglary from events that occur after the burglary. In the Ponte Vedra burglaries, police will investigate the men that used the credit cards, and those men may be charged with burglary in Ponte Vedra.

As a Jacksonville Burglary Attorney, I have seen many criminal defendants charged with burglary and dealing in stolen property at the same time. For example, Jacksonville police officers will find stolen items from a Jacksonville burglary at pawnshops and find out who pawned the items. They arrest the suspect and charge him with burglary and dealing in stolen property in Jacksonville, Florida. The good news is they found the Jacksonville burglary victim's property. The bad news is, without any other proof, Jacksonville police may have arrested the wrong man.

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

Posted In: Burglary

December 8, 2008

Two More Juveniles Arrested For Jacksonville Attempted Armed Robbery

Jacksonville teen, Daniel Sanchez, was not the only person arrested in connection with the attempted armed robbery of Jacksonville Assistant Police Chief, Carson Tranquille. Two other Jacksonville teens, Ishmael Mercer and Michael Media were also arrested. According to detectives investigating the Jacksonville attempted armed robbery, Sanchez confessed that he and the two other boys committed the crime. He stated that he and one of his co-defendants were armed with guns.

In Jacksonville, Florida, if a person is in actual possession of a firearm when committing a crime, the 10-20-Life statute applies. In this Jacksonville attempted armed robbery case, the minimum sentence that Sanchez and the other armed co-defendant will receive is 10 years in prison. Additionally, a defendant that falls under the 10-20-Life statute is ineligible for gain-time and must complete the entire ten years without early release. Florida's 10-20-Life law does not apply to the co-defendant that was not in actual possession of a firearm.

For more information on Jacksonville Armed Robbery and Florida's 10-20-Life Statute, read about OJ Simpson's Sentencing and a San Marco Robbery.

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

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

December 8, 2008

Jacksonville Police Officer Shoots a Home Invader

In Jacksonville, Florida, 16-year-old, Daniel Sanchez, and one or two other intruders confronted Jacksonville Assistant Police Chief, Carson Tranquille, and his wife in the couple's garage late Saturday night. The Jacksonville police officer shot the teenager in the leg, but the other culprit(s) ran away.

Florida Statute Section 776.013 allows a Jacksonville resident to use deadly force against a home intruder. This law is often referred to as Florida's castle doctrine. Florida's castle doctrine is intended to protect the Jacksonville resident from criminal liability when defending the home.

In Officer Tranquille's case, he acted in self-defense pursuant to Florida's castle doctrine. The Jacksonville Police Officer was in his garage when he used deadly force against Sanchez, a person that had unlawfully entered his Jacksonville residence. To learn more about Florida's castle doctrine or other Jacksonville self-defense laws, contact a Jacksonville Self-Defense Attorney.

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

Posted In: Defenses , Self-Defense

December 5, 2008

OJ Simpson Sentenced in Armed Robbery Case

OJ Simpson was sentenced today on several counts of armed robbery, among other charges. Due to a combination of consecutive and concurrent sentences, he may serve as much as 33 years in prison. However, after nine years, he may be released on parole.

Armed Robbery is a serious charge. As shown in the OJ case, it can result in an extensive amount of prison time. For instance, in Jacksonville, Florida, armed robbery with a firearm is a first-degree felony. Usually, a first-degree felony is punishable by up to 30 years in Florida State Prison. However, Florida law makes an exception for armed robbery. In Jacksonville, Florida, it is punishable by life in prison.

Additionally, Florida's 10-20-Life law statute applies to Jacksonville Armed Robbery with a Firearm. Under Florida's 10-20-Life statute, if a defendant is in actual possession of a fire-arm during the commission of an armed robbery, he has a minimum mandatory sentence of ten years. Thus, in Jacksonville, Florida, he will be sentenced any where from ten years to life in prison for armed robbery with a firearm.

To learn more about Armed Robbery in Jacksonville Florida, contact a Jacksonville Robbery Attorney.

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

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

December 4, 2008

Jacksonville Reckless Driving: Statutory Requirements

According to Florida Statute Section 901.15, a Jacksonville police officer can arrest a person without a warrant for a violation of the Florida Traffic Code if he:

(a) witnesses the Florida traffic violation himself or
(b) another law enforcement officer witnesses the Florida traffic violation and relays the proper identification information.

In some cases, a Jacksonville police officer does not need to witness the Florida traffic violation at all.Under Florida Statute Section 316.645, a Jacksonville police officer has the authority to arrest the driver of a vehicle involved in a crash even if he did not witness the traffic violation.The Jacksonville police officer must investigate the accident scene and reasonably believe that the driver committed a traffic violation in Jacksonville, Florida.

For example, in order to be arrested for reckless driving in Jacksonville, Florida, a law enforcement officer must observe the vehicle driving recklessly.However, if the vehicle crashes into a tree, the Jacksonville police officer may speak with witnesses and investigate the scene.If the officer reasonably believes that the driver was driving recklessly, he may arrest the driver for reckless driving in Jacksonville Florida.

To learn more about reckless driving in Jacksonville, Florida, contact a Jacksonville Reckless Driving Attorney.

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

Posted In: Driving Offenses , Reckless Driving

December 3, 2008

NFL Player Charged with Carrying a Firearm Illegally

Plaxico Burress, New York Giants' receiver, accidently shot himself in the leg last Friday night while at a nightclub. The NFL player has been charged in New York with criminal possession of a weapon. New York has strict gun laws that require a minimum mandatory prison sentence.

Similarly, Florida laws prohibit criminal carrying of weapons. Under Florida Statute Section 790.01, Carrying a Concealed Firearm occurs when a defendant knowingly carries the firearm and the firearm is concealed from another person's ordinary sight. Florida Carrying a Concealed Firearm is a third degree felony. As such it is punishable by up to 5 years in Florida State Prison.

Like New York, Jacksonville, Florida takes gun crimes very seriously. Often, Jacksonville prosecutors request incarceration for a defendant charged with Carrying a Concealed Firearm in Jacksonville Florida. However, in my experience, there are ways to avoid incarceration. Usually, a Jacksonville Carrying a Concealed Firearm Attorney will present mitigating evidence to the prosecutor. This evidence explains to the prosecutor why the defendant was carrying the firearm. Additionally, a Jacksonville Carrying a Concealed Firearm Lawyer needs to show that the defendant is not the type of person that commits crimes and is not a threat to the community. In essence, the most important thing is to demonstrate that the defendant deserves another chance.

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

Posted In: Carrying a Concealed Firearm , Gun Crimes

December 2, 2008

Misdemeanor Verdict in Myspace Suicide Case

Last Wednesday, a federal jury convicted Lori Drew on misdemeanor charges of accessing computers without authorization on three different occasions. Drew is a 49-year-old woman that courted a 13-year-old girl by pretending to be a teenage boy on myspace.com. The 13-year-old girl committed suicide after receiving a hurtful message from Drew. Drew may face up to 3 years in federal prison if her sentences are to run consecutively.

For example, In Jacksonville, Florida, a misdemeanor is punishable by up to 1 year in Duval County Jail. If a Jacksonville Florida criminal defendant is convicted of 3 misdemeanors in Florida, he may face up to 3 years in Duval County Jail. Depending on the series of misdemeanors committed in Florida, a Jacksonville Florida judge may run the misdemeanor sentences consecutively. If this occurs, the Jacksonville Florida criminal defendant would serve each year back-to-back for a total of three years in Duval County Jail.

For more information about sentencing and penalties for misdemeanor or felonies in Jacksonville Florida, contact a Jacksonville Florida Criminal Defense attorney.

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

Posted In: Crimes and Penalties

December 1, 2008

Expunging a Criminal Record: South Carolina Versus Florida Law

In Jacksonville Florida, a person convicted crime cannot seal or expunge his criminal record. However, if a Florida criminal defendant is given a withhold of adjudication on the crime, he may be able to seal his Florida record. According to Florida's expungement law, that criminal defendant must have his Florida criminal record sealed for 10 years in order to expunge his Florida criminal record.

Unlike Florida law, South Carolina expungement laws are more lenient. In South Carolina, a person that has been convicted of a crime may apply to have his South Carolina criminal record expunged. Anyone with a South Carolina criminal record may expunge his record if he has been convicted of the following:

Fraudulent Checks (unless the crime is a felony).
Simple Possession of Marijuana (this applies to criminal defendants under 26 years old).
Minor Offenses (a conviction in magistrate or municipal court).

Additionally, South Carolina Expungement Laws allow a criminal defendant to expunge his South Carolina criminal record if the charges were dismissed or he completed a South Carolina pre-trial intervention program.

To learn more about Expunging a Criminal Record in South Carolina, contact a South Carolina Record Expunging Attorney.

If you have questions about Sealing or Expunging a Criminal Record in Florida, contact a Florida Record Expunging Lawyer.

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

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