Articles Posted in Assault / Battery

The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966Essentially, four cases made it to the United States Supreme Court with similar issues.  All cases involved interrogation by police in a closed room where the putative Defendant was cut off from the outside world.  In three of these cases, the Defendant signed statements that were admitted at trial and one of the cases involved oral statements admitted at trial.  Following the Miranda Case, whenever a person is taken into detention, that individual must be advised of their Fifth Amendment right against making any self-incriminating statements.  When the police question someone in custody, they must advise:

  1. You have the right to remain silent.
  2. Anything that you say can and will be used against you.

The Sixth Amendment to the U.S. Constitution is what Florida’s Speedy Trial Rules are based upon.  The right to a Speedy Trial is a fundamental right.  It is designed to eliminate incarceration for long periods of time when one is accused of a crime.  The Florida Rules of Criminal Procedure provide that persons charged with a crime will be brought to trial within 90 days of arrest where the crime charged is a misdemeanor and within 175 days where the crime charged is a felony. Rule 3.191(b) provides for a Defendant to demand a speedy trial in writing and when this occurs, he or she is entitled to trial within 50 days.  Under this rule, such a demand signifies that the Defendant is prepared to proceed to trial within 5 days.

What happens if the state fails to conduct a trial within the statutory time periods? 

Where the state fails too bring the accused to trial within the above referenced time periods, the Defendant is discharged (except for exceptions to the tolling of these time periods).

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.

            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.

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:

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

National headlines were made when the wife of former U.S. Open champion Lucas Glover was arrested for domestic violence battery and resisting arrest in St. Johns County, Florida on May 13, 2018.  The altercation allegedly occurred after Lucas Glover missed the 54-hole cut at The Players Championship.  Lucas Glover told authorities that his wife gets violent every time he does not play well in a major PGA Tournament.  There were allegedly visible injuries on Lucas Glover and his mother.  Krista Glover faces a court date on May 31, 2018 and was released on a $2,500 bond.

Krista Glover is charged under F.S. 784.03 which states the offense of battery occurs when a person:

1) actually and intentionally touches or strikes another person against the will of the other; or

The majority of criminal cases in Florida get resolved by plea agreements.  In the Florida Rules of Criminal Procedure, Rule 3.171 governs plea agreements.  The prosecutor has broad discretion in plea agreements.  The prosecutor may engage in discussions with the defendant’s attorney or, if the defendant is unrepresented, with the defendant himself as long as a record is made of the discussions.

question criminal issueThe prosecutor may ask the defendant to enter a plea of guilty or no contest (nolo contendere) to a charged crime or to a lesser or related offense in exchange for the prosecutor agreeing to any of the following:

1)  abandon other charges;

police officerFlorida law makes penalties stricter for assault or battery of a law enforcement officer.  Under Florida Statutes 784.07(2), when you are charged with knowingly committing an assault or battery upon a law enforcement officer, the charge will be reclassified as follows:

(a) Second degree misdemeanor assault will be a first degree misdemeanor

(b) First degree misdemeanor battery will be a third degree felony

fightingDepending on where and how you grew up, you may have been told as a child or heard someone else told, “If he hits you, hit him back!”  My neighborhood back home in southern Georgia  happened to be a place where such an attitude was common.  This type of advice is where many people are first introduced to the concept of self defense.  Florida law, under Chapter 776, contains a group of statutes that define the justifiable use of force, commonly known as self defense.  The law doesn’t mention anything about being able to “hit back” if someone hits you.  It’s a bit more refined than that.   Bouncers at a Florida bar could learn this lesson the hard way.

A brawl at a Saint Augustine Bar recently has people questioning whether bouncers went too far in breaking up a fight.  After two women began to fight, things were elevated by security at the Conch House in Saint Augustine, Florida. Much of the chaos was caught on video.  News4jax.com reported that the bouncers may have even thrown an unconscious person into the water.  Florida law allows you to defend yourself, even defend others, but there must be a reasonable amount of force used.

Florida Statute 776.012 states:  “A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.”  What this means is that you are allowed to use force to stop an ongoing attack against you.  Florida law allows a certain amount of force to be used in protecting your property, as well.

A Florida teenager is wanted in connection with a shooting at a Jacksonville bus stop.  16 year Edgar Robles is still not in custody.  A $3,000 reward has been offered for information leading to Roble’s arrest.  The teenage is wanted for two counts of attempted murder and one count of shooting deadly missiles, according to news4jax.com.  Robles brought a handgun to the bus stop to confront other students on the bus; Robles, at 16, is not quite old enough to exercise gun rights.  Two teenage girls that were passengers on the school bus were hit by gunfire during the shooting.  One of the girls was struck in the back of the head, while the other was shot in the cheek.  Both girls are reportedly in stable condition.

GunWhenever anyone shoots a gun at a bus stop, there is likely to be a lot of attention focused on the incident.  In this case, all of the people involved are children– everyone from the shooter to the victims and witnesses.  These types of unfortunate stories put Florida gun rights in jeopardy over time by showing guns in a negative light.  In this instance, Mr. Robles is a 16 year kid who can’t legally own a gun.  Requirements to purchase a firearm can be found by visiting the Florida Department of Law Enforcement’s website.  To purchase a long gun or rifle, a person must be at least 18 years old.  A person must be 21 to purchase or own a handgun.  Even with age requirements on purchasing and owning guns, State Attorney Angela Corey stated that more and more children are attempting to solve their issues with guns.  Florida law has continued to aim laws at deterring gun violence.  Florida law creates minimum mandatory sentences for crimes that involve guns.  It is commonly referred to as “10-20-life” law.

Stories like this more are sad and outrageous.  They help spread the message that more regulation is needed.  More gun regulation creates more possibilities for law abiding gun owners to become ensnared by laws that were never drafted with them in mind in the first place.  Contact the Law Office of David M. Goldman, PPLC today at (904) 685-1200 for more information on Florida gun rights.  We also have experienced Jacksonville criminal defense lawyers that can help if you or a loved one have been charged with a gun crime or other offense.  Initial consultations are free.

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