As a Jacksonville Criminal Defense Lawyer I have watched closely as the George Zimmerman case has progressed. Zimmerman, who is out on bail, did not attend or appear at his recent arraignment. Instead his attorney filed a plea of not guilty and waived his right to a speedy trial.
Zimmerman’s next court appearance will be August 8th for his pretrial.
This case continues to make national headlines as the “stand your ground” law continues to be in controversy.
George Zimmerman, Trayvon Martin, and Florida’s “Stand Your Ground” law have been the subject of national media attention since the fatal February shooting in a Sanford, Florida neighborhood. Nationally acclaimed experts have weighed in the “Stand Your Ground” law and have picked apart whether Zimmerman will be able to use it as a defense to his shooting of Martin.
During the media blitz, however, the case of Marissa Alexander has been overlooked. Now that people are paying attention to it, Florida’s “Stand Your Ground” law may have more problems than were initially expected. Alexander is facing 20 years in prison if she is convicted of aggravated assault. Her case has ignited a new “Stand Your Ground” debate.
Alexander and her husband Rico Grey were involved in a domestic dispute. According to Alexander, Grey beat her and she ran to the garage of her house. The garage door would not open. She then retrieved her gun, which she was licensed to carry. At that point, Alexander says that her husband noticed that she was carrying a gun and threatened her life. She fired one shot into the air, through the roof of her house. Her husband took the children and left immediately. A short time after that, Alexander was arrested and charged with aggravated assault.
A Jacksonville federal jury wasted no time in convicting the leader of a local gang. Maynard Kenneth Godwin is the leader of a gang called the Guardian. After a long federal trial, Godwin was found guilty of racketeering and conspiracy to commit racketeering. On each count, Godwin is looking at a maximum of 20 years in prison, a potential 40-year sentence.
Racketeering is a federal charge involving a violation of the Racketeer Influenced and Corrupt Organization Act (RICO). RICO was first passed by the federal government in 1970 as part of an effort stop the spread of organized crime in the United States. The purpose of the law is to punish organizations that engage in criminal conduct. If the government can prove that an individual engaged in a pattern of illegal activity to promote the existence of a criminal organization, the defendant can face significant federal charges.
Godwin’s involved a double jury, one for him and one for his co-defendant, Eric Ellis, who was convicted of a home invasion and other offenses. Ellis faces a possible life sentence. The double jury was the first one ever used in the Middle District of Florida. Prosecutors chose to empanel two jurors because both defendants had incriminating evidence against each other, thus preserving each defendant’s constitutional right to confront the witnesses against them. Each jury is charged with determining the guilt or innocence of only one defendant.
After a lengthy hearing, Judge Lester has decided to bond at $150,000, ankle monitoring, location kept secret (possibly located out of state?), no contact with victim or family, no possession of firearms, no consumption of alcohol, curfew, and must tell sheriff’s office location every 3 days. This Bond Hearing was conducted in a manner both professionally and in a manner for the safety of Zimmerman’s family. Due to safety concerns brought by Zimmerman’s attorney, O’Mara, his family testified at the hearing telephonically.
The State, attempted to show George Zimmerman was a violent person. The State questioned the family on a prior incident regarding a confrontation with a law enforcement officer in 2005 and an injunction with a prior woman. The State also attempted to show a lack of ability for Zimmerman’s family to satisfy any bond that may be set by the Judge. One point the State really harped upon was the website set up by Zimmerman or a representative and the continued investigation into how much money had been donated into the account that was set up.
In contrast, O’Mara showed the families ability to pay any bond set by demonstrating the family’s wiliness to mortgage the house and to use limited monetary funds they may have access to. Furthermore, O’Mara rebutted any inference the State may have inferred regarding Zimmerman’s tendency for violence.
Yesterday it was announced that Seminole County Circuit Judge Kenneth Lester Jr. will be presiding over the Travyon Martin Murder Trial. The Judge’s first order of business is to preside over the Bond Hearing set for Friday. There it will be determined if George Zimmerman will be issued a bond or must remain in Jail for the remainder of the trial.
As an Atlantic Beach Criminal Attorney, I know the importance of having a fair and non-bias judge presiding over an Atlantic Beach Criminal Offence. In this case, according to most reports, both sides are satisfied with this new assignment. Although not one side is more benefited than the other, Judge Lester is known to be quite “fair.”
Judge Lester Jr. has been practicing law since 1980 after getting his legal law degree from the University of Florida. Judge Lester became a Judge in 1996 where he has handled numerous cases dealing mostly in juveniles, probates, and mental health issues.
A recent Jacksonville news article stuck my attention from the lack of details and the questions the article bring to my mind. As a San Marco Criminal Defense Attorney, I review arrest reports and news articles relating to Jacksonville Criminal law and analyze them as if they were my potential clients. This is just the case regarding the arrest and booking of George Walters, 21.
In this incident, police pulled over Walters for what is stated as a “felony traffic” stop on Monday. Then article then states the Officers searched his vehicle following his arrest. It was during this subsequent search that police were able to locate two bags of cocaine, money, and a semi-automatic pistol. Walters was then taken to Duval County Jail on charges of armed trafficking in cocaine and possession. Both Jacksonville charges are felonies and carry very heavy penalties.
Analyzing this case, given the limited facts, as if a Walters was a potential client I would have several issues with the Police procedure and whether or not they had valid Probable Cause to search the vehicle following Walters arrest. First, a search incident to arrest of the vehicle is no longer applicable following a recent Supreme Court Decision. The new law under Gates, only permits the search of the vehicle follow an arrest if the suspect can still gain access to the interior of the vehicle or the police believe there is evidence of the offense the suspect was pulled over for inside the vehicle. For example, if pulled over for speeding and arrested for no valid license, the police would not have the ability to search the vehicle if you were already in handcuffs. Also, the police could not search the vehicle on the premise to prevent the destruction of other evidence of the offense (because there is not any). Just a reminder to San Marco Criminal Defendants, if you give the police consent this negates all the defenses to an invalid search and seizure.
Today Circuit Court Judge Recksiedler has recused herself from the Zimmerman case. This action follows Zimmerman’s Attorney, O’Mara, request that the Judge recuse herself due to possible conflict. A new Circuit Court Judge to preside over the case has not been named.
The potential conflict arises from her husbands connection with the Defense Attorney. Judge Recksiedler’s husband works with Mark NeJame, an attorney Zimmerman’s family turned to for representation. NeJame declined representation and referred then to O’Mara, his current attorney. NeJame has since been hired by CNN to report on the case.
As an Orange Park Criminal Defense Lawyer, I know the importance to have a judge that has no conflict with the Case. Florida law allows a Judge to recuse themselves if there is the slightest possibility of a conflict. In this case, a weak connection between the Judge and the current attorney was all that was required for the Judge to decide to recuse herself.
As a Ponte Vedra Traffic Citation Attorney, I use all my available resources to provide my clients with Zealous representation. I further strive to resolve my clients with the best possible outcome given their current circumstance. However, my attention was drawn to a recent article about a College Student’s testimony and his resolution of a Traffic Violation. In this case he was able to fight the ticket and get the charges dropped against him, saving $400!
In this circumstance the College student, Dmitri Krioukov, was issued a Traffic Citation for running a Stop sign. Dmitri was able to use his knowledge of Physics to challenge the officer’s perception and ultimately convince the court that a mistake had been made. I have attached a copy of the document, The Proof Of Innocence for your review and insight into how Dmitri went about Fighting the Traffic Court.
This case has caught attention from national news agencies and Traffic Attorney’s everywhere. While I cannot say if you get a Ponte Vedra Traffic Citation, I will be utilizing the officer’s perception based upon linear speed and obstruction of view to fight your ticket. I can tell you I will use whatever resources available to me to provide you with a defense that is both within the confines of the law and will result in an amicable resolution of your case.
By now, you’ve heard of the tragic death of Travon Martin. You probably have also heard that his killer, George Zimmerman, has been charged for the killing. The purpose of this post is to clear up some confusion over what, exactly, the state charged Mr. Zimmerman with and what sort of facts each party will have to prove.
The State of Florida has charged Mr. Zimmerman with Murder in the Second Degree. Many people think the “second” means it is Mr. Zimmerman’s second charge; this is not the case. The varying degrees in criminal charges usually provide the burden of proof placed on the State in order to secure a conviction. In Mr. Zimmerman’s case, the state will have to prove beyond a reasonable doubt that Zimmerman (1) killed Travon Martin (2) with ill-will towards him (3) while acting in disregard for human life.
The second element in that list will likely be the most difficult to prove, and it is part of the reason the State will likely have a difficult time securing a conviction. Of course, most of the speculation surrounding this case is whether or not Mr. Zimmerman was justified in killing Travon Martin. The legal analysis, however, has nothing to do with whether or not Mr. Zimmerman was really “justified.”
As a Jacksonville Beach Criminal Defense Lawyer, when I read the recent article of DUI manslaughter, I was shocked. I was personally in the area when this incident occurred. Although I did not witness the incident, I was delayed in traffic as a result of the Police Investigation. According to the report, Francisco Mendez has been arrested for DUI Manslaughter and leaving the scene of an accident resulting in death.
This incident occurred on Saturday night on 3rd street in the Jacksonville Beach area. At or about 3 AM, 29 year old Justin Reif was crossing third street when he was struck by on-coming traffic, Francisco. A witness stated the vehicle did not stop immediately, but returned a short time later. However, after the driver saw the victim, he left the scene again. A short time later, the Jacksonville Police pulled over a vehicle matching the description and arrested the driver, Francisco.
As a Jacksonville Beach Criminal Attorney, this incident bring several questions to mind. First, eye-witness statements are notoriously incorrect and inaccurate. This fact is increased by the traumatic event they witnessed. This could be a simple case of misidentification. Second, police stated he had “an ordor of alcohol on his breath and his eyes were red.” Well, did the police conduct a proper field sobriety or a breathalyzer? What evidence do they have regarding his intoxication?
Jacksonville Criminal Defense Lawyer Blog