Jacksonville Criminal Defense Lawyer Blog

April 26, 2021

When Do Arrest Warrants Expire in Florida?

Is There a Warrant Issued in My Name?

There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be executed at anytime. Just because you may not be located within the territory of the state that issued a warrant, you are not safe from exposure to arrest. It is common for warrants to be issued for both felonies and misdemeanors in Florida. A warrant will be active until it is served, the individual dies, or the judge recalls the warrant. It is important to resolve a warrant promptly, so one does not have to deal with a multitude of problems unexpectedly. Your arrest could result from the most minor traffic stop for a tailgate light.

The FDLE has a database which usually lists active warrants and may be found online at http://www.fdle.state.fl.us/. You can select “search wanted persons” and you will be taken to a search screen.

March 24, 2021

OWNERS BEWARE, IF YOU ARE FRAUDULENTLY CLAIMING YOU HAVE A SERVICE ANIMAL, YOU CAN NOW BE CHARGED WITH A MISDEMEANOR

by B. Elaine Jones

In Florida, since 2012, there has been a statute that prevents discrimination against disabled persons who require the use of a “service animal”. It can be found at Florida Statute 413.08. This statute covers discrimination regarding public employment, public accommodations and housing accommodations. This statute was amended in 2020 to include a criminal penalty for persons who fraudulently claim the need for a service animal. Contact your local Jacksonville criminal attorney to assist you if you have been charged with a misdemeanor for falsely representing you need a service animal.

Under Florida statute 413.08 it defines an individual with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, hearing, speaking, breathing, learning and working. A “housing accommodation” would be any real property or portion of the real property that is used or occupied as a home, residence or sleeping place of one or more persons in which the occupants rent or lease the premises. A “public accommodation” would be a common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat or other mode of public transportation; it also includes hotels, timeshares and other places to which the general public is invited. A “service animal” under this statute is limited to a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work performed by the animal must be directly related to the person’s disability. It specifically states that a service animal is not a pet. If you think you are being discriminated against because of your “service animal”, contact your local Jacksonville family law attorney.

This is different from an “emotional support animal” who does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support. Emotional support animals may also be the disabled person’s pet. There is a separate statute that prohibits discrimination in housing to persons with a disability or disability-related need for an “emotional support animal”. That statute is Florida statute 760.27 and it deals with public housing. Both statutes address the fact that the public accommodation or housing provider cannot impose a deposit or surcharge on the individual with a disability as a precondition to permitting the service animal or emotional support animal to accompany the individual with the disability. Under both statutes, the individual with the disability is liable for any damages caused by the service animal or emotional support animal. Under both statutes, the individual with the disability is responsible for the supervision of the animal and most provide for the care and maintenance of the animal. Both statutes require the service animal or emotional support animal to be in compliance with vaccination requirements. Contact your local Jacksonville family law attorney if you feel you are being discriminated against because of your “service animal” or “emotional support animal”.

March 15, 2021

SPEEDY TRIAL RULE: WHAT IS IT AND HOW IS IT BEING IMPLEMENTED DURING THE PANDEMIC?

by B. Elaine Jones

The Sixth Amendment to the Constitution of the United States provides that:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The Constitution does not define what a speedy trial means. There is a Speedy Trial Act governing federal criminal charges and in Florida state trials there is a criminal rule of procedure that addresses speedy trial. The Florida rule provides for Speedy Trial without Demand which requires defendants to be brought to trial within 90 days from the arrest on a misdemeanor, or 175 days from the arrest for a felony. There is also a provision for Speedy Trial Upon Demand this provides that every person charged with a crime by indictment or information shall have the right to demand a trial within 60 days by filing a pleading entitled “Demand for Speedy Trial”. These provisions can be found in Florida Rules of Criminal Procedure Rule 3.191.

March 15, 2021

Who Should File a Rule 3.850 Post Conviction Relief Motion?

by Neil Weinreb

When Should You File a Post Conviction Relief Motion in Florida?

A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction. The following grounds may be used as the reason for filing:

The sentence imposed was illegal or violates the Florida or United States Constitution.

March 8, 2021

How Can Petit Theft, Shoplifting, or Retail Theft Charges, Impact Your Life?

by Neil Weinreb

What Are the Potential Costs?

When an individual is charged with theft or shoplifting in Florida, he or she faces potentially serious penalties. This can affect one’s ability to secure a job because such a crime is classified as a crime of dishonesty. This is significant even though a misdemeanor is typically considered relatively insignificant. When a potential employer performs a background check and finds a conviction for such a crime in a candidate’s history, it may disqualify the candidate depending on the type of job. The penalties for shoplifting or retail theft include jail, fines, civil penalties, restitution, court costs, and attorney’s fees. In the event one is convicted a Grand Theft in Florida, they may be sentenced a prison.

How Does Florida Law Define Retail Theft?

March 1, 2021

Help I’ve Been Arrested and My Miranda Rights Were Not Read

by B. Elaine Jones

When someone gets arrested it is one of the most stressful things that can happen to you. Especially if you are not familiar with the legal system and process. Many people think that their Miranda Rights must be read to them simply because they have been arrested. That is not what the Miranda rights provide. If the police are not questioning you beyond basic information such as what is your name, address, and phone number, they are not required to read your Miranda rights to you even if you are arrested. Miranda rights do not kick in until you are being interrogated by police and not permitted to leave. A suspect is being “interrogated” when police officers begin asking him or her questions that could implicate him or her in a crime. While Miranda warnings are extremely important, an officer’s failure to read them in and of itself does not result in a dismissal of criminal charges. Simply put, Miranda warnings themselves are not constitutional rights; rather, they are safeguards against the Fifth Amendment privilege against self-incrimination. If you have been arrested, consulting with an experienced Jacksonville criminal attorney is advised.

Miranda rights or Miranda warnings get their name from the 1966 United States Supreme Court case, Miranda v. Arizona. In that case, the Supreme Court held the United States Constitution’s Fifth Amendment prohibition against self-incrimination applies to an individual who is in police custody. In order to safeguard that right, the Court ruled that before questioning suspects in custody, law enforcement officials must inform suspects of the following rights:

1. They have the right to remain silent;

November 11, 2019

Drug Possession vs. Drug Distribution: Everything You Need To Know

by David M. Goldman

Under both federal and state laws, the willful possession of illegal controlled substances is a crime.

If you ever get arrested for drug possession, know that you are facing a serious charge that carries penalties that include fines and jail time. However, if authorities ever find evidence that you had the intent to distribute or sell the drugs found in your possession, then you are liable to face drug distribution charges, whose consequences are more severe than those for simple drug possession.

Whether you’re facing drug possession or drug distribution charges, you are going to need the services of an experienced drug lawyer to represent you in court.

Let’s take a look at some facts about drug possession and see how it could turn into a more serious drug distribution charge.

June 11, 2019

Duty to Protect Children: The Scot Peterson Case

by David M. Goldman

February 14, 2018 is a day that will never be forgotten when a gunman by the name of Nikolas Cruz opened fire devasting Marjory Stoneman Douglas High School in Parkland, Florida killing 17 students and injuring multiple staff members. Scot Peterson was an armed officer at the school at the time of the shooting. Peterson found himself caught in the middle when he was criminally charged with the inability to take action in the protection of students and staff members.

Peterson was admitted into Broward County Jail and was charged with eleven counts of second- and third-degree felony neglect of a child (F.S 827.03) and a second-degree misdemeanor of culpable negligence (F.S. 784.05). As to neglect of a child, the State must prove failure or omission to provide a child with care, supervision, and services necessary to maintain the child’s physical and mental health as well as the failure of reasonable effort to protect a child from abuse, neglect, or exploitation by another person. To convict on misdemeanor culpable negligence, the State must prove exposure to personal injury. During the school shooting, Peterson allegedly retreated to safety instead of taking action against the gunman when shots were fired. Shortly after the incident, Peterson obtained a bad reputation and was nicknamed “the Coward of Broward,” leaving families in an uproar about his failed negligence. Mr. Peterson stated that he continuously replays the shooting over in his head and is quoted as saying, “There wasn’t even time to think, it was my job and I couldn’t find him (the gunman).”

The charges that were filed against Mr. Peterson are not typical; it is very unusual for law enforcement to be held criminally liable for not protecting the public. Constitutional law, as interpreted by the Supreme Court, does not generally provide for the public to have the right to expect the police to protect against harm. The charges against Peterson in regard to the neglect of a child and culpable negligence is not specifically for law enforcement and is usually applied to parents. This case brings into question what this may mean for other officers and how school officers may need to re-evaluate how to respond in these situations. The critical question that still stands is whether Peterson had a constitutional duty to protect the children from the actions of Cruz.

November 7, 2018

Restoring Gun Rights In Florida After A Felony Conviction

by David M. Goldman

The rules surrounding Restoration of Gun Rights can be confusing. It is a very detailed process and having the help of an experienced attorney who knows how to navigate the system can help! Restoration of Gun Rights requires an application to the Florida Clemency Board to begin the process. The application requires certified court documents; specifically, a copy of the charging instrument (indictment, information, or warrant with supporting affidavit) for each felony or misdemeanor conviction (if needed), and a certified copy of the judgment and sentence for each felony or misdemeanor conviction. Pursuant to Florida Statute, those documents should be provided free of charge for the purpose of a clemency application. When the Clemency Board receives an application, it is screened for eligibility regarding time frames and all documents are reviewed. If the Applicant is eligible, the application is forwarded for investigation by the Office of Clemency Investigations. Cases are assigned on a first-come, first-serve basis and the process can be lengthy. If the application meets requirements, a report is prepared, and the application is forwarded to the Clemency Board for a decision.

The Specific Authority to Own, Possess, or Use Firearms restores to Applicants the right to own, possess, or use firearms, which were lost as a result of a felony conviction.
The Clemency Board will not consider requests for firearm authority from individuals convicted in federal, military, or out-of-state courts.

November 7, 2018

Consequences of a Permanent Domestic Violence Injunction in Florida

by David M. Goldman

So you went to court and fought a domestic violence injunction, but the Court found grounds to enter the injunction anyway. What does that mean for you and your rights? The following is a list of consequences that may be imposed upon you as a result of the injunction:

May be ordered to complete a 26-week Batterer’s Intervention Program (BIP)
Loss of concealed carry rights