Jacksonville Criminal Defense Lawyer Blog

Jacksonville Criminal Defense Attorneys dedicate their careers to helping criminal defendants acheive favorable outcomes in criminal cases. However, we cannot win every case. In some cases, a Jacksonville Criminal Defendant will be sentenced to serve time in jail or prison. Not only is this disappointing to the Jacksonville Criminal Defense Attorney that fought to keep the client out of jail, but it devastates the client's family.

Imagine that a husband and father of four is sentenced to 13 months in Florida State Prison. He is the sole provider for the family. His wife only has a high school education and has spent the past 10 years raising his children. She has three children in school and one toddler at home. Now, that her husband is gone. She must go back to work. She must pay for daycare and try to pay the bills on her own. She tries to find a job, but due to her lack of further education and experience, she cannot find a job that will cover her mortgage payment. Thus, her home becomes the subject to a foreclosure action. Now, she and her four children are going to be homeless.

As a Jacksonville Criminal Defense Attorney, I have learned that representation of a criminal defendant does not always stop when the criminal case closes. Often, the Jacksonville criminal defendant's family needs representation for a foreclosure case or drafting of estate planning documents or a durable power of attorney. Thus, Jacksonville Criminal Defense Attorneys should be familiar with other areas of practice or be prepared to refer the case to an attorney that practices in those fields.

As a Jacksonville Criminal Attorney, I am familiar with the Duval County judicial system. I have practiced in front of most of the Jacksonville county (misdemeanor) and circuit (felony and juvenile) court judges. As a Jacksonville resident and registered voter, I am familiar with the election of Duval County judges. In Jacksonville, the public elects its judges. I assumed that other states elected their state judges as well. However, this assumption was incorrect.

Today, I was taking a criminal certified legal education course in South Carolina. I was the only Jacksonville Criminal Attorney in the room. I learned that South Carolina residents do not elect thier judges. Instead, the judges are appointed by a committee. The committee investigates the judicial candiates and chooses three candidates. Then, one canditate is appointed from the three people.

South Carolina's judicial appointment process may be more beneficial to criminal defendants. It is no surprise that Jacksonville criminal defendants are not the most respected members of society. Many people do not respect a criminal defendant's rights they way that they should or in the manner that the constitution demands. Indeed, when judges run for office, they take a stance that they are "tough on crime." While crimes should be properly punished, judges should make decisions based upon the evidence presened and argument rendered by counsel. They should not be influenced by the public's perception that a judge should be "tougher" on crime. Perhaps, if we did not publically elected judges, we would not have the outside influence of public perception in the criminal courtroom.

On the other hand, I would question the political motivation behind the appointment process. Would a judge make legal decisions based upon the ideals of the appointment committee? While most judges are not persuaded by the pressures of an election or an appointment, it may be a factor in some cases and with some judges.

If a person goes through the yellow pages of the telephone book, he or she would be overwhelmed with the amount of criminal defense attorneys available in Jacksonville, Florida. However, selecting an attorney is not an easy process. Often, people will ask me whether or not they should hire a private attorney or use an attorney at the public defender office. My response is "if you can afford a private attorney, you should hire one."

First, the services of the office of the public defender in Jacksonville are only for those clients that cannot afford an attorney. A public defender is not appointed to everyone that wants an attorney, just for those that do not have funds available to hire a Jacksonville Criminal Defense Lawyer.

Second, a Jacksonville criminal defendant cannot chose which attorney at the public defender will represent him. Therefore, if he is unhappy with his public defender, he cannot "shop around" and request another attorney be appointed. There are different types of attorneys at the public defender office and in private practice. Some attorneys are better than others. When you hire a Jacksonville criminal attorney, you have the option of meeting with the attorney and choosing which attorney better suits your needs.

Third, State budget cuts have placed a substantial strain on most state-funded agency. The Office of the Public Defender is no exception. Thus, each public defender has a substantial case load. This is not beneficial to criminal defendants that require a lot of attention, and cases that require immediate investigation in order to preserve evidence. Additionally, as a Criminal Defense Lawyer in Jacksonville, I have discovered that the best defense in a criminal case is a good offense. Particularly, a good Jacksonville criminal defense attorney should always be one step a head of the prosecution. The sooner that you start the defense investigation, the better. Quite often, I have been able to speak with witnesses and collect evidence before the state attorney has opened the file. This type of preparation is required in order to set forth evidence that the state will consider when deciding whether to file formal charges against a criminal defendant in Jacksonville.

In Florida, if a juvenile criminal defendant successfully completes a pretrial diversion program, his charges are dropped and he record may be sealed pursuant to Florida Statute 943.0582. Although this Florida Statute uses the term "sealed," it differs significantly with respect to the "record sealing" that most people are familiar with.

Most Florida record seals and expunctions are made pursuant to other Florida laws. Florida Statute Section 943.059 governs record sealing, while Florida Statute Section 943.0585 covers record expunctions. If a Florida criminal defendant wishes to have his record sealed or expunged under these statutes, he cannot have a prior record seal or expunction. However, a Florida juvenile criminal defendant that has had his Florida criminal record sealed in accordance with Section 943.0582 may have another charged sealed or expunged. Therefore, if a criminal defendant is otherwise eligible to have his record sealed or expunged pursuant to Sections 943.059 or 943.0585, a prior seal under Section 943.0582 will not prevent a subsequent one.

If you are interested in getting your Florida Criminal Record Sealed or Expunged, contact a Florida Sealing and Expunging Attorney.

The Florida Supreme Court recently made changes in the law which allow jurors to take notes and question witnesses in civil cases. As for criminal cases, the judge presiding over the case may decide whether or not to permit such questioning. Some Florida judges permit this type of questioning routinely. For instance, Judge Michael Andrews is the judge presiding over the Diullio murder trial in New Port Richey, Florida. He allowed jurors to ask questions during the trial. The questions were submitted to the judge in writing to determine if the questions may be asked. For example, while a jurors were permitted to ask what clothing Diullio and his co-defendants were wearing on the night of the murder, they were not permitted to ask whether Diullio had a criminal record. The reason this question was not asked is because it violates the Florida Rules of Evidence. Therefore, Florida jurors may not ask a question that an attorney would not be permitted to ask.

Some Florida judges do not allow jurors to ask questions in criminal cases. Circuit Court Judge, Pat Siracusa, does not permit such questioning. She believes that it is the prosecutors burden to prove the case. When jurors ask questions, they leave their role of the neutral fact-finder and become investigators.

To learn more about John Ditullio's murder trial, visit www.tampabay.com. If you have questions about a Florida Criminal Case, contact a Jacksonville Criminal Attorney.

Drivers flash their lights by going from a low beam to a high beam. Usually, a Jacksonville driver does this to indicate to others drivers that there is something that they should be aware of. For instance, if a prudent driver sees a disable car on the side of the road, he may flash his lights to inform the oncoming vehicle of a dangerous situation. This could protect people in the disable vehicle as well on the driver and passengers of the oncoming vehicle.  As a child, my mother would flash her lights at other vehicles when she saw a dog wandering the highway. She did this to get the other vehicles to slow down.

Sometimes, Jacksonville drivers are ticketed for flashing their high beams at other vehicles. Jacksonville police officers issue the citation pursuant to Florida Statute 316.2937(7) which states that "flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in" this Section. However, this is not permitted. This Florida law was not meant to prohibit flashing your high beams in the manner listed above. In fact, a handbook issued by the Florida Department of Highway Safety and Motor Vehicles recommends that a driver flash his high beams at an oncoming vehicle that if another vehicle is approaching with its high beams illuminated. In 

Note only should a ticket issued in this manner be challenged by a Jacksonville Traffic Attorney, but it could be the basis for a motion to suppress. For example, a Jacksonville DUI Lawyer could try to get a DUI stop invalidated if the stop is based on these grounds.