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.
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.
The 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;
Florida 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
Depending 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.
Whenever 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.
Exercising your Florida gun rights can turn into “gun wrongs”, if you don’t know what to do and what not to do. Last week I received a call from South Florida. On the other end was a panicked young concealed carry permit holder; we’ll call him “Eric”, which isn’t his real name for obvious confidentiality reasons. Eric had been arrested for pulling his gun to stave off a would-be road rage incident. As Eric drove, there was apparently something about his driving that ticked off another driver. The other driver began to drive erratically, darting in and out of traffic to catch up with Eric. Once the other driver caught up to Eric, the other driver rolled down his own window and began to yell at Eric. Believing things were about to escalate into a bad situation, Eric pulled his gun to encourage the angry driver to back off. Eric was subsequently arrested for Aggravated Assault with a Deadly Weapon, pursuant to Section 784.021, Florida Statutes.
Florida law defines an assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Aggravated Assault with a Firearm carries a mandatory minimum sentence of three years in Florida State Prison under chapter 775, specifically Section 775.087. I imagine that you are starting to see the importance of knowing what not to do as a gun owner. This is not a very pleasant position to be in. Making a claim of self defense may not be a viable option here. Key to a self defense claim is that a person uses the same amount of force that is used against the claimant. It also has to be a reasonable amount of force under the circumstances. As a Jacksonville criminal defense lawyer, I’ve represented people that have been in Eric’s position. The majority of them were law abiding citizens and good people that made a poor choice in a stressful situation. Continue reading
When Jimmy Morris discovered that his daughter’s boyfriend had beaten her bloody in front of her children, Mr, Morris took matters into his own hands before police arrived. Witnesses who were present at the scene reported that Morris took a baseball bat from his truck and hit his daughter’s abusive boyfriend with enough force to crack the bat. Top Jacksonville criminal defense lawyers immediately begin to think of ways to defend against potential aggravated battery charges after hearing the facts in this case. Morris’ best hope of a legal defense lies in the principle of self defense, which includes defense of others, being applied to Morris’ case. So what is the likelihood that Morris could be saved by the principles of self defense?
Under Florida law, a battery is simply a harmful or offensive touching of another; this offense is a misdemeanor that is punishable by up to one (1) year in jail. Section 784.045 elevates a simple battery offense up to aggravated battery when great harm is done to the victim, when the victim is permanently disfigured or disabled, or when the defendant uses a deadly weapon; aggravated battery is a second degree that can land a defendant in prison for up to fifteen (15) years. Whether an object is a deadly weapon depends on the way that it is used. Taking a bat to an individual’s head is absolutely enough to qualify the bat as a deadly weapon.
Applying a self defense theory to Morris’ defense may prove difficult in this situation. Self defense does not mean what I’ve found that the average person thinks it means. You hit me– I hit you back. Or in Morris’ case… You hit my daughter– I crack your skull. Self defense (or defense of others) applies when a certain amount of reasonable force is used to stop unlawful force from being used against you (or the person you’re defending). Simplified, it boils down to what needs to be done to get the attacker off you or someone else while the attack is happening. Hitting his daughter’s boyfriend after the boyfriend beat her, rather than while he was attacking her, creates a problem. Continue reading
“Crime doesn’t pay.” I’ve heard this cliché over and over, but rarely in my capacity as a Jacksonville criminal defense lawyer. The few times I did hear it as a criminal defense lawyer, it didn’t come from other Jacksonville criminal defense lawyers or from Jacksonville prosecuting attorneys for that matter. It always came from people that aren’t familiar with the details of what actually goes on. Most often it would be from parents or other family members who say that they’ve tried to counsel the client and advise him or her into doing something more positive in life.
Tampa thief, Malik McCaully would probably say that crime does in fact pay–in more ways than one. Recently, McCaully was over $2,000 in the green after stealing a wallet from D’Andre Rivers’ car that contained Rivers’ credit cards, identification, and social security card. Although criminal plots are never a good idea, it looks as if crime does, in fact, pay sometimes. However, “a fool and his money are soon parted.” A series of bad decisions leads to a severe beating and getting arrested. McCaully really didn’t know who he was dealing with.
McCaully allegedly went on a shopping spree, making over $2,000 worth of fraudulent credit card charges on Rivers’ card. Rivers, who has a criminal past himself, began to conduct his own investigation. Rivers tracked down a car rental agency where McCaully had used the stolen credit card to rent a car using Rivers’ identification. The car rental agency turned over the contact information that McCaully provided when MCCaully rented the car. Why McCaully provided his real contact information is a mystery. Rivers made contact with McCaully to set up a drug deal at the Westfield Brandon Mall in Tampa. If your first thoughts were, “What criminal receives a random call from a stranger about a drug deal, then agrees to meet with the caller?” you’re not alone. It’s unclear whether McCaully would be the buyer or the seller, but agreeing to meet a random caller for a drug deal is equally unwise either way.