Articles Posted in Evidence

Zimmerman’s Attorney called for a Status Hearing today. This is a last minute hearing, requested just one day after Zimmerman had his brief First Appearance in Sanford Court. There the Judge set Formal Arraignment for 29th of April. At Arraignment, issues Zimmerman will have to resolve include: entering a plea, setting a bond, determination on whether the court record will be sealed, etc.

As a Jacksonville Criminal Defense Lawyer, this case is of particular interest to me. Florida’s Stand Your Ground law has come into question and ultimately, the outcome of this case could negatively affect my future clients. These clients that had to use deadly force to protect themselves from death or serious bodily injury. However, as of today Zimmerman’s Attorney has not told the State that they will be relying on this affirmative defense.

As this case progresses many details about that February night will come to light and ultimately justice will prevail. Additionally, as a Criminal Defense Lawyer, I know the impact media can make on a pending criminal case. Zimmerman’s Attorney has a huge hurdle to clear and make sure the case is tried in the courtroom and not through the media.

As the Nation watched at 1:30 PM today George Zimmerman appeared in Seminole County for his First Appearance before a Judge. Broadcasted live, the nation saw Zimmerman for the first time since he was previously released. Zimmerman’s First appearance was before Honorable Judge Mark Herr. The judge kept the hearing short and set Formal Arraignment for May 29 before Circuit Court Judge Jessica Recksiedler.

As a Neptune Beach Criminal Defense Lawyer, I am following this case closely. Although the full factual information relating to the incident has not been made public, the legal implications of this proceeding could be widespread. Angela Corey, Special Prosecutor, spoke last night regarding what many have called into question; Florida’s Stand Your Ground Law. Angela Corey stated if the Defense utilizes the affirmative defense under Stand Your Ground, she and the prosecutors would fight it. As a Defense Attorney, this affirmative defense is vital for the protection of one’s self and the defense of others.

Under Florida’s Stand Your Ground Law, you are not required to retreat when presented with a threat and/or violence. In addition, one is permitted to use deadly force if believed necessary to protect one’s self from immediate death or severe bodily injury. However, the State will make known that Trayvon was unarmed and posed no risk to Zimmerman. In contrast, the Defense will utilize Zimmerman’s statements that he acted in a reasonable manner for the protection of himself after Trayvon had already attack him.

Jacksonville’s State Attorney, Angela Corey, has made the determination not to ask a grand jury to decide on potential charges against George Zimmerman. Corey, Special Prosecutor, appointed by Governor Rick Scott canceled the already scheduled Grand Jury. The previous prosecutor empaneled this Grand Jury, but Corey has decided to take a different approach. Corey has stated this does not affect her decision on whether or not charges are forthcoming.

This investigation stems from the February 26 shooting of Travyon Martin. According to Zimmerman, the neighborhood watchman, Martin was shot in self-defense after attacking Zimmerman. Since the shooting, this highly publicized case has made national headlines, presidential speeches, the rise of a new Black Panther Party, and numerous allegations as to guilt of Zimmerman.

As a Ponte Vedra Criminal Defense Attorney and Attorneys everywhere this case has caught my attention and the impact it may have on future cases. Florida’s “Stand Your Ground” law has been placed into question and the outcome of this case has the potential to limit its impact. Under the law a person does not have a duty to retreat when faced with violence. Furthermore, the victim can use deadly force if necessary to prevent imminent death or serious bodily injury.

Like everyone else across the country, I have been following the coverage of the Trayvon Martin case and investigation. Even more so after Jacksonville’s own State Attorney, Angela Corey, was assigned to the case. Although heartbreaking, the investigation has also brought national attention to so-called “Stand Your Ground” laws.

Under Florida’s Stand Your Ground Law, an Orange Park resident is justified in using deadly force against another person if he or she reasonably believes the force is necessary to prevent “imminent death or great bodily harm to himself or herself or another person. . . .” The problem with the law is that once a shooter invokes self-defense under the Stand Your Ground Law, the police must find evidence to disprove the shooter’s story before they can arrest him.

Analyzing the Trayvon case, if the police can establish that the voice shouting for help in the infamous 911 call belongs to Trayvon Martin, it could potentially suffice as enough evidence to arrest Trayvon’s shooter, George Zimmerman. If they find the voice belongs to Zimmerman, then police likely will not arrest Zimmerman. However, an adequate prediction cannot be made without more facts and because neither the Sanford police nor Duval County Prosecutor Angela Corey is releasing information, further analysis would be speculative.