Jacksonville Criminal Defense Lawyer Blog

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.

Possession of most Title II weapons are regulated by South Carolina law under Title 16.  However, silencers are not mentioned in the statue, but that does not make it legal to possess a silencer in South Carolina.  In order to possess Title II weapons you must comply with state and federal law.  While South Carolina law does not make the possession of silencers illegal, federal law does.  Therefore, to obtain a silencer in South Carolina you must apply to the Bureau of Alcohol, Tobacco, and Firearms (ATF) via a Form 4 application receive approval, and pay the $200 federal tax stamp.  The ATF has certain requirements for individual applicants and other requirements for trusts and corporations that apply to purchase Title II weapons.  A nice thing about using a NFA trust is that no CLEO signature or fingerprints are required.  For more information about Title II weapons visit www.guntrustlawyer.com or contact a South Carolina Firearm Attorney.  

Section 16-23-220 of the South Carolina Code of Laws prohibits the possession of machine guns, sawed off shotguns, and sawed off rifles.  These firearms are commonly known as NFA firearms, Title II firearms, or Class 3 weapons.  However, you can legally possess an NFA firearm in South Carolina if it complies with federal law and NFA regulations.  Therefore, if a South Carolina gun owner obtains his Class 3 stamp from the Bureau of Alcohol, Tobacco, and Firearms (ATF), he may possess that Title II firearm in South Carolina.  

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. 

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.