Evidence

April 26, 2016

Illegal Search and Seizure?

Search and seizure issues are normally at the top of the list in any criminal case where physical evidence is recovered from a defendant. Florida law, like federal law, provides protection for citizens against illegal search and seizure. This protection stems from the Florida Constitution and the United States Constitution. At its essence, it is centered on idea that the government needs a good reason to intrude on a citizen’s expectation of privacy. In criminal law, evidence that is gathered in violation of state or federal search and seizure law can be suppressed. A good criminal defense lawyer will always immediately begin this analysis whenever hearing the facts of a new criminal case for the first time.

Recently, in the case of Cole v. State of Florida, the Third District Court of Appeals (3rd DCA) reviewed a case involving an alleged violation of search and seizure law. Cole was charged with tampering with evidence, trafficking in cocaine, and possession of drug paraphernalia after he was pulled over by a police officer. The traffic stop had been initiated due to a faded temporary tag placed on the car Cole was driving. The defense filed a motion to suppress the evidence that it believed was the result of an illegal search. During the traffic stop, Cole acted nervous, clinched his fists, and held a pen tightly in his hand. He was also sweating and stuttering. The stopping officer believe that the pen could potentially be used and a weapon. She ordered Cole from the car to do a pat down. Florida law allows an officer to conduct a pat down when there is a reasonable suspicion that a person who is being temporarily detained may be armed with a weapon. The court ruled that the pat down was reasonable under the circumstances.

As Cole was getting out of the car for the pat down, he threw something underneath the car. It was later discovered to be cocaine. During the pat down, something was felt in Cole’s sock, and the officer removed the item. It turned out to be cocaine, as well. The appellate court found that it was wrong for the officer to pull the bulge from Cole’s sock, but found that it would have been discovered anyway after Cole was arrested for the drugs that were thrown underneath the car. This is referred to as the “inevitable discovery” doctrine. The court said that it did not matter that the wrongful search by the officer came before the drugs under the car had been discovered. The appellate court held that the trial court was correct in denying Cole’s motion to suppress.

January 1, 2016

Self-Incrimination: Crime on Social Media

by Markus Sermons

Posting pictures or videos of yourself committing crimes is probably not the wisest thing to do in a country where just about everyone is on social media and can easily view what you post. Even grannies, people with no real friends, and the police have social media accounts, like Facebook, Twitter, and Snapchat. Now, I imagine that there are places in the world where lawlessness runs rampant and posting pictures or videos of yourself using drugs, possessing stolen property, or beating your spouse won’t land you in hot water, but America is not one of those places. Well, maybe in some parts, but you get what I mean. In general, I think that it takes a special type of stupidity to believe that you can do these types of things and suffer no consequences. Recently, in Gainesville, Florida, according to accesswdunn.com, a group of young men were arrested after posting images of themselves on Snapchat holding guns, drinking alcohol, and using marijuana.

The young men, one of which was a juvenile, were arrested after someone viewed the images and reported the group to the police. They were arrested shortly after. One of the young men was in possession of a gun that had been stolen from a burglary of a car. In Florida, breaking into a car and stealing a gun is considered an armed burglary. Believe it or not, this offense is actually punishable by life in prison, even when the burglary is only to a car and not a person’s home. That doesn’t mean that the young man in this story will get sentenced to life in prison, but that is an unfortunate, yet unlikely, possibility. Although, in my experience such a sentence for a young person, especially someone that doesn’t have much of a record, is not likely, this does not mean that bad things can’t happen that will make the young man in possession of the stolen gun very uncomfortable.

Our country’s constitution grants criminal defendants protection against self incrimination, which means you are not required to tell on yourself. However, when you post images or videos of yourself on social media that show you and your friends committing crimes, you’re pretty much waiving your right against self-incrimination.

August 4, 2015

I May Have a Warrant for My Arrest

by Markus Sermons

As a Jacksonville criminal lawyer, I have had many conversations with people who believe they may end up having a warrant issued for their arrest. Sometimes, this conversation comes after law enforcement has completed an investigation; and other times this conversation happens during an active investigation. Either way, contacting a criminal defense lawyer is a good move when there is the chance a warrant could be issued. If you are contacted by law enforcement regarding an investigation, contact the Law Office of David M. Goldman PLLC immediately at (904) 685-1200. Our experienced criminal defense lawyers can help advise you of your rights and the necessary actions to protect yourself. It is also helpful to get a case evaluation based on the facts as early as possible.

Handcuffs1 Often, people who are being investigated want to talk to police to explain things. They wish for the best and hope that they can remove the possibility of an arrest or a warrant being issued. The truth is talking with the investigating detective or officer is almost always a bad idea, if you’re the target. Florida law, under Section 901.15, controls situations that arrests can be made. In general, an officer can only arrest a person for a misdemeanor if the officer sees it happen. There are exceptions. For felony crimes, officers can make an arrest without a warrant whenever there is probable cause. However, in my experience, if officers don’t make an arrest at the time the alleged crime takes place or while in “hot pursuit” of a suspect, officers will usually pursue an arrest warrant.

Talking to a detective or an officer to explain yourself isn’t likely to change his or her mind about the investigation. All too often I have seen situations where the evidence that was used to convict a person was given to law enforcement while the defendant was trying to “explain things” to an officer. Under the 5th amendment you have the right against self incrimination, which basically means you aren’t required to tell on yourself. The right to remain silent incorporated in the Miranda Warning comes from this right. The right to an attorney that you hear of in the Miranda Warning comes from the 6th amendment. You should always exercise these rights. Remaining silent is probably the most valuable right you have. You should immediately tell law enforcement that you’d like to contact your attorney.

May 23, 2015

Lawyer DUI setup

by Markus Sermons

Lawyer DUI setup: The Florida Bar alleges Three Florida Attorneys set up opposing counsel with a DUI. The Florida Bar has finished up its case today in an ethics trial against three Florida attorneys accused of using a Tampa police officer and an office paralegal to set up a rival attorney with a DUI in an attempt to derail the case. The alleged setup stems from a defamation trial two years ago that pitted two morning radio shock jocks against each other. So far this case has engrossed the local legal community with the accusations of dirty scheming and flirtation to win the case.

The Florida Bar supports the version of events as told by attorney Phil Campbell. Campbell was charged with a DUI two years ago. He alleges that attorneys Adam Filthaut, Robert Adams, and Stephen Diaco orchestrated his DUI charge by using an office paralegal and a local police officer to derail the trial.

The alleged event occurred in January 2013, when the three attorneys represented the well known radio host Bubba The Love Sponge Clem in a defamation lawsuit brought by a rival radio personality, Todd Schnitt. Schnitt claimed Bubba made derogatory remarks about him and his wife on his radio show and induced his fans to harass him.

February 26, 2015

Rapper Vanilla Ice Arrested for Burglary to a Dwelling in Florida

by Markus Sermons

According to nbcnews.com, popular 1990s Rapper Vanilla Ice was arrested for burglary in Florida. As a child, I was a fan of Vanilla Ice, whose real name is Robert Matthew Van Winkle. Vanilla Ice is no longer captivating audiences with lyrics; most recently he has been the subject of a home renovation show on DIY Network. The show chronicles the former rapper’s experiences as he buys and renovates houses. A house located next to a house being renovated by Vanilla Ice was burglarized, and some of the stolen items was found inside Vanilla Ice’s house. the items included furniture, a pool heater, and more. Vanilla Ice claims that this is all just a big misunderstanding and that he will ultimately be cleared. He was arrested and released on bail. Hiring the right criminal defense attorney can help make sure that things are resolved in the best way the facts of the situation will allow. As a Jacksonville criminal defense attorney that has represented many defendants charged with burglary, I know that the consequences of being found guilty of a burglary to a dwelling can be very serious.

Florida Statute 810.02 states, “For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.” The offense that a person intends to commit can be just about anything. At its most basic form, a trespass plus ANY other crime, equals a burglary. The most common offense that is coupled with a trespass to create a burglary is theft. A burglary to a dwelling conviction is serious, because it scores a little over twenty (20) months in Florida State Prison. This is regardless of whether the defendant has a criminal history. It takes effort on behalf of your criminal lawyer to keep you out of prison. A good set of facts help too.

Understanding the proof requirements and having the trial experience needed to fight for your rights in court can often lead to a better outcome early on in a case without the need for a trial. At the Law Office of David M. Goldman, PLLC, our experienced criminal lawyers can help you or a loved one work toward the best outcome in your case and help you make informed decisions. Initial consultations are free. Call us today at (904) 685-1200.

July 18, 2014

Police Use False 911 Calls to Trick People into Consenting to Warrantless Searches

by Markus Sermons

According to a recent article by policestateusa.com, police officers in Durham, North Carolina routinely lie to gain access to homes in search of wanted suspects. The “tactic is apparently legal–and commonplace – according to an officer’s sworn statements”, writes a policestateusa.com staff journalist.

An officer from the Durham Police Department admitted recently, under oath, that he told a resident at a private home in Durham that he was investigating a 911 hang up call in order to gain access to the private home. In reality, the officer was there to serve an arrest warrant on an occupant of the home.

How would this type of conduct by law enforcement hold up in Florida? Would this type of conduct be considered an unreasonable search or seizure under the U.S. Constitution or the Florida Constitution? Jacksonville criminal defense lawyers, along with defense attorneys throughout the state, are often faced with answering these types of questions in defense of their clients.
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September 24, 2012

Batman Theatre Shooter Appears in Court

by David M. Goldman

James Holmes the man responsible for numerous deaths after he opened fire upon the crowd at a late night showing of the new Batman shooting appeared in Court again. This time Holmes was sporting a new look. He had short brown hair and appeared not be completely comfortable with the situation. This is a vast contrast from his initial appearance with dis-shoveled orange hair and a demeanor that is best described as unusual.

This Court appearance was to handle the debate over the admissibility of the Notebook Holmes sent to his old doctor before the shooting. Prosecutors had sought to review the notebook, but the Defense claims patient and doctor privilege. The prosecution still rebuts that argument. However, if they continue to argue over this point there will be a delay in trail, something they do not want. So, the attorneys came to an agreement where the prosecution will drop the argument to see the notebook. However, if the Defense puts up the defense as to sanity it will immediately become available to the prosecution.

Also, at this court appearance the Prosecution by adding 10 new attempted murder charges and amending an additional 17 charges. That puts the total at 142 attempted murder charges.

August 17, 2012

Who should serve as your witness at trial?

by David M. Goldman

A witness in a criminal case is someone who testifies at a court hearing because they observed or have direct knowledge of a crime or significant event. They help lawyers verify versions of the events at trial and are often critical to the ultimate outcome of a case. A witness may have seen a crime, heard a shout during a crime or may be commenting on the character of someone.

When deciding whom you should ask about testifying at a potential criminal trial, it’s important to start by explaining the different kinds of witnesses.

Fact witnesses. These are people who were there to tell your side of what happened, or who were with you in a different place than where the crime took place. These witnesses from the beginning should be asked to write down everything they remember so they can use those notes to refresh themselves months later for trial. You will need to provide contact information to your lawyer so they can get in touch and question them if need be.

August 16, 2012

Wikileaks’ Founder Julian Assange has been granted Political Asylum

by David M. Goldman

The man wanted in the U.S. for his efforts in releasing a huge magnitude of classified information has just been granted political asylum in Ecuador. This decision occurred after Assange has been held up in the London based embassy since June 19th. His supporters cheered the decision, but it does not change the fact that he is still wanted for questioning on sexual assault allegations and the U.S.’s distain for his release of Confidential information.

The Foreign Minister of Ecuador, in supporting this decision, stated “Assange faced a real threat of political prosecution…including the prospect of extradition to the U.S.” Furthermore, regarding the innocence of Assange, “Ecuador is convinced that his procedural rights have been violated.” Even with this new found Asylum, Britain has pledged to arrest Assange if he leaves the embassy and enters into UK soil.

Julian Assange has a long road ahead of him before he can move forward in his life. With the pending criminal sexual assault charges in Sweden and the potential of U.S. charges of releasing Classified information, the granting of Asylum will have little impact on the ultimate impact of this case.

August 13, 2012

George Zimmerman Moves for “Stand Your Ground” Hearing

by David M. Goldman

George Zimmerman, the man charged with second-degree murder in the death of Florida teen Trayvon Martin, is going to ask for a “stand your ground” court hearing in an attempt to have the case against him dismissed before ever going to trial. Though the move was expected, the announcement is the first time Zimmerman’s attorney has acknowledged his intention to argue the case on the grounds of the controversial Florida Stand Your Ground law.

Mark O’Mara, Zimmerman’s criminal defense attorney, released a statement confirming the decision earlier today. The hearing likely will not take place for several months but is meant to show that Zimmerman acted in his own self-defense.

Under Florida’s stand your ground law, people involved in violent altercations have no duty to retreat. If a person is in fear of death or great bodily harm, the law says he or she can act in self-defense and is immune from criminal prosecution.