February 2010 Archives

February 8, 2010

Can You Expunge a Florida Aggravate Battery or Florida Domestic Battery?

Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant's application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney.

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February 8, 2010

Can You Seal a Florida Aggravate Battery or Florida Domestic Battery?

Can you seal a Florida aggravated battery or Florida domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?

According to the Florida Statute Section 943.059, an individual may not have his criminal record sealed if it relates to "a violation enumerated in s. 907.041...without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense." Florida Statute Section 907.041 lists aggravated battery and domestic battery as an enumerated crimes. However, Florida simple battery and Florida fighting or affray are not an enumerated crimes. Therefore, a Florida Criminal Defendant that has pled guilty or nolo contendere to a non-enumerated crime should be able to have his or her record sealed, so long as adjudication of guilt was withheld, according to the plain language of this Florida statute. This is not the case. The FDLE will reject the application. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.
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February 3, 2010

Criminal Lawyers in Jacksonville Learn From Jacksonville Criminal Cases of the Past

Criminal Lawyers in Jacksonville should tune into E! Television Network to watch "E! Original Countdowns: Too Young to Kill: 15 Shocking Crimes" which premiers tonight at 9:00 P.M. and will run through out the week.  As indicated by the title, the show will cover fifteen juvenile criminal cases from across the nation. The murder of Maddie Clifton should be of particular interest to Criminal Lawyers in Jacksonville since it was one of the most highly publicized murders in Jacksonville's history. Joshua Phillips, the defendant in this case, is a Jacksonville resident and is currently serving a life sentence in Florida State Prison after his conviction for the first-degree murder of Maddie Clifton.

I had the opportunity to speak with Joshua Phillips' mother. She informed me that his case is still moving through the Florida appellate courts. She advised me that several mistakes were made at the trial level of this case. As such, it is important for Jacksonville Criminal Lawyers to follow this case, so we can learn from the mistakes of other Jacksonville criminal defense attorneys. Additionally, the Joshua Phillips/Maddie Clifton Jacksonville Murder Case deals with the sentencing of juveniles to life without parole, which is an important issue in Jacksonville, Florida.

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