Evidence

July 20, 2012

Floridians Still Support ‘Stand Your Ground’ Law

A Florida man who shot and wounded two people as they tried to rob an Internet café is unlikely to face criminal charges because his actions appear to fall within the bounds of the state’s ‘Stand Your Ground’ law.

The law, which was passed in 2005, says people are justified in using deadly force to defend themselves if they reasonably believe that such force is necessary to prevent imminent death, great bodily harm or to prevent the commission of a forcible felony. A citizen has no duty to retreat and, if it is determined that their use of force was justified, they are immune from criminal prosecution and civil action. The Stand Your Ground law does not apply if the victim initially provokes the use of force of if they are involved in a felony crime.

Prosecutors said they had reviewed surveillance video from the Café in Ocala, Florida and believe that 71-year-old Samuel Williams was acting lawfully when he shot two men during the attempted robbery. Williams had a concealed weapons permit and thus was allowed to possess the weapon at the time of the shooting.

July 17, 2012

Commonly Charged Criminal Offenses in Jacksonville, Florida

by David M. Goldman

Whether you are a Florida resident or simply visiting the area for summer vacation, it is crucial to familiarize yourself with two of the most commonly charged criminal offenses in the state.

The following article will help you better understand what these crimes entail, the penalties associated with them, and the ramifications of been charged with them.

Drug Offenses

July 16, 2012

Florida Juveniles in Prison for Murder Prepare for Sentencing Questions

by David M. Goldman

The Supreme Court recently held that it is cruel and unusual punishment to send a young murderer to life in prison if a judge has not first weighed whether he deserves a shorter prison sentence due to his youth and the specific nature of his crimes. The 5-4 decision struck down laws on the books in some 28 states – including Florida – that say life sentences without parole for juvenile murderers are acceptable.

Officials in Florida law enforcement say it will take some time for the state to assess the impact of the ruling. Most experts in the state say that the number of state prisoners affected by the Supreme Court ruling is around 250, but the data are not all in yet.

It’s clear that Florida’s laws will have to be rewritten thanks to the recent ruling. Florida’s judiciary is bound by the state’s 10-20-Life law, passed in 1999, which says possessing a gun while committing some felonies brings an automatic 10-year minimum sentence, that when a gun is fired in the commission of a crime, the minimum sentence is 20 years, and if someone is shot the sentence goes up to life. It’s important to note that the decision does not mean it’s unconstitutional to sentence juveniles to life in prison, only that statutes that make such sentences mandatory are no longer acceptable. In Florida, if a juvenile who is certified as an adult is convicted of first-degree murder, the only option is life without parole.

July 9, 2012

Zimmerman Released (AGAIN) on Bond

by David M. Goldman

George Zimmerman who is currently being charged with second degree murder for the death of Trayvon Martin back in February of this year. This case has brought special attention from supporters and protesters across the Nation. Governmental officials have lost their jobs and a special prosecutor has been brought in to handle this case.

Currently George Zimmerman has been released on his second bond of 1 million dollars. This decision was made after the Judge had previously revoked Zimmerman’s $150,000 bond after it was revealed Zimmerman and his wife had lied to the court regarding the financial situation. They did not disclose that they had acquired over $100,000 in donations for Zimmerman’s defense.

Zimmerman is currently located in a safe house located in Seminole County, Florida. His security team is protecting him while he is out on bail.

July 6, 2012

Supreme Court weighs in on plea-bargaining

by David M. Goldman

As any experienced Jacksonville criminal defense attorney for any reason, please contact the Law Office of David M. Goldman PLLC by using the contact form on this page or calling us at (904) 685-1200.

Source: “Supreme Court expands plea bargain rights of criminal defendants,” by The Associated Press, published at WashingtonPost.com.

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July 5, 2012

Zimmerman Given $1 Million Bond

by David M. Goldman

The judge in Sanford, Florida has announced this morning that Zimmerman’s new bond will be in the amount of $1 Million.

This second bond amount has stemmed from his earlier bond ($150,000) was revoked following information that Zimmerman and his wife mislead the Court as to their financial stability.

Last week the judge hearing arguments from both sides of the case. The prosecution pushing for no bond because Zimmerman had lied to the Court and therefore, could not be trusted. On the other side, the Defense, argued Zimmerman’s self-defense claim is strong whereas the prosecution’s case is weak.

July 5, 2012

Another Meth Lab Located at a Jacksonville Motel 6!!

by David M. Goldman

This incident of a Meth Lab at a Motel 6 will be the third incident where JSO were dispatched to a Jacksonville Motel 6 and the resulting investigation turned up a Meth Lab.

JSO were dispatched to a Motel 6 on the Northside of Jacksonville around 1 AM this morning. Upon arrival the security officer notified JSO that the occupants of the motel room had fled the scene. The Security officer also notified JSO that he has inspected the room and located a smoking bottle with an unknown substance inside. JSO responding by sending in the fire-rescue team, bomb squad, and a chemical specialist to investigate the motel room and the items contained within.

To date the suspects are still at large and JSO is continuing to investigate. As a Jacksonville Criminal Attorney, these stories are not unusual or bizarre. These tough economic times have driven some individuals to take drastic measures that they normally would not consider. These individuals are not hardened criminals, but victims of these tough economic times.

June 29, 2012

George Zimmerman Requests another Bond after already being Revoked Once

by David M. Goldman

Today was another bond hearing where Zimmerman’s attorney, O’Mara, presented evidence as to Zimmerman’s injuries he sustained during the altercation with Trayvon Martin that resulted in Zimmerman shooting Trayvon in what Zimmerman is calling self-defense. This case started the controversy that Florida is currently facing for our “Stand Your Ground” law.

After lengthy testimony presented by both the Defense and the State, the Judge has determined that he will not make an immediate determination as to release Zimmerman on bond or not. He wants time to review all the evidence and make a proper determination.

June 27, 2012

Zimmerman’s Case Continues to be Tried in the Media

by David M. Goldman

As a Jacksonville Criminal Attorney, one of the hardest aspects to overcome is public opinion of a Jacksonville Defendant. News Media Agencies want to keep the public informed of Criminal Matters, especially when the case makes national news. However, all this media attention will make jury selection very difficult if not impossible in the County where the case is currently presiding.

One such case, George Zimmerman, displays this media bias to the extreme. George Zimmerman is the Neighborhood watchman who is charged with second-degree murder of 17 year old Trayvon Martin. This case has made National Headlines ever since the incident occurred. This case has lead to nationwide protests and some of the largest Civil Rights Activists to express their opinion on the guilt or innocence of Zimmerman.

However, Justice is not served in the Media or Public Outcries. Justice is served in the Courtroom where Our Constitution guides the Officers of the Court. As an officer of the Court we are bound by strict and distinct guidelines and legal standards. We must present our case in a manner that is both fair and just. The jury must be unbiased and impartial. But, when a Criminal case gets so much media attention the Jury may (although not supposed to) use bias and slanted information from the media when making a determination as to guilt or innocence. This could lead to a ruling that is not in accord with the Law and therefore, Justice has not been served on a Criminal Defendant.

June 23, 2012

2 Meth Arrests following a Columbia County Traffic Stop

by David M. Goldman

As a Jacksonville Criminal Attorney, the situations people place themselves in boggle my mind sometimes. However, a strong Defense and zealous representation could prove to be invaluable in the your Criminal Case. One can never be too cautious and one can never know when the police will arrive and want to talk or arrest you. That is why one must always be aware of their surroundings and be weary when traveling on the city’s motorways.

One such incident of blind-luck worked out for the Columbia Police Department. The incident occurred on Wednesday afternoon when Chaylen Ortega (22) and Keith Wheeldon (31) were pulled over for a tag violation. A citation that would be dropped if proof of a valid tag is shown to the Court. However, in this case, chemicals used to manufacture methamphetamine were located inside the vehicle. The police found and seized lithium batteries, pseudoephedrine, and a container of muriatic acid. All chemicals required in the manufacture of Meth.

Both occupants of the vehicle were arrested and booked at the Columbia County Detention Facility. They both have been charged with the possession of listed chemicals with the intent to manufacture a controlled substance (a 2nd degree felony). Ortega is being held without bond due to her violation of probation and a warrant out for her arrest. Wheeldon, on the other hand, had a bond set at $5,000.