Assault / Battery

April 5, 2012

Why should I hire a Riverside Criminal Defense Lawyer Today?

Do you have a Riverside Criminal History that is keeping you from getting that apartment you want, prevented from getting that ideal job, or refused a loan because of your past? If so, I can help. However, in most cases, you must act now and not wait until the case has been resolved.

As a Riverside Criminal Defense Lawyer, I am often confronted with the question, “Why should I hire a Riverside Criminal Defense Lawyer?” The answer is simple; to protect your rights and to protect your FUTURE. As a Riverside Attorney, I can work for you to get the best outcome possible given your current situation. Most importantly I can take three avenues to make assist you in having a better future.

First, I can work with the State Attorney or Prosecutor to attempt to influence their filing decision and get the charges dropped. Just because you have been arrested for a Riverside Criminal Offense, does not automatically mean there will be a conviction. However, the filing decision is made early in the legal process, so time is of the essence in this approach.

March 30, 2012

FAMU Hazing Continues to Plague the University

by David M. Goldman

Florida A&M University has made national news headlines once again with more Hazing incidents within the “Marching 100.” Currently, two professors have been placed on paid administrative following allegations of their presence during Hazing incidents in 2010. The allegations further detail that some of the incidents occurred at the professor’s home in early 2010.

According to the reports, the incident including slapping the backs and necks of the pledges as well as potentially harsh paddling. Unfortunately, no charges are going to be brought because the State cannot prove the incident occurred within the 2-year statute of limitations on Hazing.

FAMU first made national headlines when drum major Robert Champion died from injuries he sustained from Hazing incidents two days earlier on the school bus following a Football game. Since that time FAMU has been plagued with allegation after allegation, suspension after suspension, and arrest after arrest all stemming from Hazing incidents and the University Band, “Marching 100.”

March 23, 2012

I was arrested, What is going to happen?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer most of my clients call me after they have been arrested in Jacksonville, Clay County, Nassau County, or the surrounding area. An arrest in Jacksonville, Clay, St. Augustine, or Nassau County can happen in one of two ways. The first way is the traditional arrest, that we all know of or have seen, that involves being placed in handcuffs and take to the local Florida Police Station. However, as an alternative, the officer can just issue a Notice to Appear and let you go on your way. A Notice to Appear is a piece of paper that acts as an arrest, but you are not actually taken into custody by the Jacksonville, Clay, or Nassau Police. You will have to make a court date to address the criminal charge in Jacksonville. A notice to appear is normally issued to people who have never been in trouble before and is up to the police discretion.

If you have been arrested in Jacksonville, Clay, or Nassau County you will be taken to a pretrial detention center. Once at the pretrial detention center, you will be searched, fingerprinted and seen by a jail nurse. Once your medical evaluation is over, you will be told to change into the jail clothes and put on one of six floors at the jail.

While in detention, before your first appearance before the judge, the police may try to interrogate you and try to gain valuable information in proving their case. However, you have the right to remain silent and as a Jacksonville Criminal Defense Lawyer I strongly advise you to exercise that right. As a Jacksonville, Clay, or Nassau Criminal Defendant, you must remember that the police are not there to help you, they are there to justify their arrest. When approached by the police at the pretrial detention center, ask to speak to a Jacksonville Criminal Defense Lawyer and don’t say anything else to the police. It could prove to be the difference between a conviction and having the charges dropped.

March 21, 2012

Cristian Fernandez Trial Date Set

by David M. Goldman

13-year-old Cristian Fernandez’s Sexual Battery case has been set for trial on June 25, 2012. This sexual battery case has overtaken Fernandez’s murder trial of his younger half brother.

Circuit Court Judge Mallory Cooper set the trial date after the defense team refused to waive speedy trial. Therefore, the State is required to bring a Felony Defendant to trial within 175 days unless a waiver is granted. The goal of the Private Defense Team is unknown with this maneuver through the court system. However, as June 25th approaches, Jacksonville should see some interesting details emerge as the case proceeds forward.

As a Criminal Defense Lawyer I follow Criminal cases closely to cure my curiosity. This case, in particular, challenges myself in how such a young man, 13, could be charged with such heinous crimes. It also makes me believe there might be some underlying issue that would negate these offenses and all the Jacksonville Criminal Defendant to either plea to a lesser offense or lessen the sentence.

March 8, 2012

Man Charged with Aggravated Assault after Attempting to Strike Neighbor with Truck

by David M. Goldman

During these tough economic times sometimes emotions can flare and these outbursts of emotion can cause some St. Augustine residents to take action that normally would not occur. With that being said, not all actions and pending St. Augustine Criminal Charges are finite and undisputable. Police could have gotten the facts incorrect, the suspected victims could exaggerate the situation, or there could just be a misunderstanding amongst the parties.

This brings to mind a recent article that could potentially support my theory. Earlier this week a St. Augustine man was arrested for two counts of aggravated assault after allegedly attempting to run down his neighbor and his one year old kid. Police state the suspect tried to reverse over the alleged victims as he drove his truck in the alley between his place of business and the alleged victim’s residence. Police also a possible ongoing dispute between these two parties.

As a Criminal Defense Lawyer, I read this article and it made me think about the serious implications from this alleged incident and the potential for misunderstanding between the parties. Could the driver not have seen the two walking in the alley? The police mentioned he drove a Dodge Pickup; they can be quite large. Could the alleged victims just be blowing an ongoing dispute out of proportion? What evidence is available to prove intent on behalf of the suspect? All these questions and more are considered when taking on a St. Augustine Criminal Case.

February 14, 2012

Jacksonville Criminal Defendants and Miranda Warnings

by David M. Goldman

Crime can happen anywhere in Jacksonville and can happen to anyone, but just because you have been arrested for an alleged Jacksonville Criminal Offense does not mean you don’t have rights. The right I want to bring to the attention of Jacksonville Residents today is one’s rights under Miranda v. Arizona, 384 U.S. 436 (1966). These rights are more commonly referred to as your “Miranda Warnings.”

Under your Miranda Warnings, upon arrest and taken into custody, the police must notify the criminal defendant of the following rights:

The right to remain silent

February 2, 2012

Residents, Battery Defined and Understood

by David M. Goldman

A Jacksonville Criminal Defense Lawyer has seen many defendants charged with Battery, but they do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.

Simple Battery is defined within Florida Statute § 784.03, which states

[t]he offense of battery occurs when a person:

January 26, 2012

Teen Breaks into Home, Charged with Burglary

by David M. Goldman

Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer’s home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer’s home and had to be physically restrained until police were able to arrive and take the young man into custody. He is currently being charged with Burglary with the intent to commit battery.

As a Criminal Defense Lawyer, when I hear about these types of incidents; I think about all the mitigating circumstances that surround the incident at hand. Could the alleged suspect have mental disabilities that would hinder his ability to understand his actions? Was the alleged suspect under the influence of medication or other drug that might negate his ability to reason? Or was there some other intervening circumstance that would negate the culpability for this alleged crime? These are just some of the avenues that a Jacksonville Criminal Defense lawyer will consider when handling your Jacksonville Criminal Case.

The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Also, you still have rights after your arrested and must make sure they are being protected. That is why if you or a loved one have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could prove to be all the difference in your case.

January 24, 2012

Jacksonville Party goes Wild; One Dead, One in Critical Condition

by David M. Goldman

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff’s Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him “kicking” the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with “shooting a gun at the scene.” Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

January 17, 2012

Two Florida Residents arrested in connection with a Prostitution Plot

by David M. Goldman

A few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered “sex for $25.” The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a “victimless” crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.