Hearings

April 2, 2018

Probation Violations and the Florida Anti-Murder Act

The Anti-Murder Act in Florida requires violent felony offenders or other certain types of offenders who violate probation or community control to remain in jail until the court determines whether the individual poses a danger to the community. This law was established in March 2007. The Florida Department of Corrections will designate those offenders as Violent Felony Offenders of Special Concern or “VFO” on the violation of probation or community control affidavit.

Florida Rules of Criminal Procedure 3.790(b)(3) indicates that except when the alleged violation of probation is based solely on the defendant’s failure to pay costs, fines, or restitution, the defendant shall not be granted bail or any other form of pretrial release prior to the resolution of the probation or community control violation hearing. The court shall not dismiss the probation violation warrant pending against a defendant without holding a recorded violation hearing at which both the state and the accused are represented. At that hearing, the court shall make a written finding as to whether the defendant poses a danger to the community.

The court bases its findings on one or more of the following factors:

December 13, 2017

I Didn’t Do it! I Have An Alibi!

by David M. Goldman

You may find yourself arrested for a crime that occurred at a time you were somewhere else completely at the same time the crime was being committed! There is a special procedure to handle this situation in Florida criminal courts and its important that those procedures are followed or it could result in your evidence not being used at trial.

In Florida pursuant to Rule 3.200, Florida Rules of Criminal Procedure, upon the written demand of the prosecuting attorney, a defendant in a criminal case who intends to offer evidence of an alibi in their defense must file a Notice of Alibi with the Court and serve it on the prosecutor no less than 10 days before trial.

The demand from the prosecutor will include the place, date and time of the commission of the crime charged as is known to the prosecutor.

October 22, 2014

Domestic Violence Injunction Violation: Don’t Be A Sucker For Love

by David M. Goldman

Domestic violence injunctions are serious business. Having an injunction issued against you limits your rights in certain areas. It limits the freedom to go certain places, it limits the freedom to possess firearms, and it creates criminal liability for violating the injunction. Florida Statute 741.30 governs the circuit court’s injunction powers in regard to Domestic Violence. The statute is designed to make seeking a protective order an easy endeavor.

As a Jacksonville criminal defense and family law attorney, I’ve defended people in proceedings to have injunctions put in place, and I’ve also represented people seeking the protection of a domestic violence injunction. A common occurrence is that people are [understandably] highly emotional immediately after whatever incident led her [or him] to seek a domestic violence injunction, and he or she is adamant about having the protection in place. However, time has a way of healing wounds. The anger slips away, but now there is a court order that says that Boyfriend can’t come near Girlfriend or contact her for the next year [or maybe even permanently]. These situations can happen in both directions, but the most common scenario in my experience is that the woman is seeking protection from the man.

The thing about the injunctions are that they don’t tell Girlfriend that she is to stay away from Boyfriend; in most instances, it’s a one-way street. Boyfriend must stay away from and can’t contact Girlfriend, even if she says that it’s okay, because the judge said, “DON’T DO IT!” So what happens? Well, Boyfriend [thinking the coast is clear] accepts an invitation from Girlfriend to come by and spend time with her. Things are great, until there is a disagreement about something, usually some trivial and incredibly unimportant thing. By the way, while things were great, Boyfriend and Girlfriend called and texted each other ALL the time. So, after there is a falling out, she has plenty of proof that he’s violated the injunction, which is a crime.
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July 11, 2014

What to Expect in a Florida Criminal Preliminary Hearing

by David M. Goldman

Navigating through Florida’s complicated labyrinth of criminal law is a task best left to the trained professional– someone that speaks the language and can even walk the walk when it comes down to it. In the area of criminal law, knowing the rules regarding what is supposed to happen and when it is supposed to happen is a very valuable tool to possess. A criminal defense attorney that is knowledgeable of the rules will prove to be your greatest ally in the unfortunate event that you are arrested.

Florida law, under Rule of Criminal Procedure 3.133, requires a nonadversary preliminary hearing within 48 hours of a person being arrested; this is commonly referred to as “first appearance”, since it is typically the first time that a person appears before a judge after being arrested. At this hearing, the presiding judge will determine whether there is probable cause to believe (1) that a crime has been committed and (2) that the defendant is the person that committed the crime.

The amount of a bond required is usually set during the first appearance. It is important to immediately contact an experienced criminal defense attorney to advocate on your behalf to help ensure that a reasonable and appropriate bond amount is set. Moreover, if it can be demonstrated that no probable cause exists, a defendant can be released without a requirement to post a bond. Another situation that could lead to release without a bond requirement is where the hearing is not held within the time frame that is required by Florida law, which is 48 hours; however, in extraordinary circumstances two separate 24-hour extensions may be applied.
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