Jacksonville Criminal Defense Lawyer Blog

October 25, 2011

How do I Stop an Employer From Seeing my Florida Felony Charge?

How do I stop an employer from seeing my Florida felony charge? The answer depends on a number of variables. If a potential employer runs a background check on you, he or she will likely see all of your arrests. Even if the charges were dropped, the arrest will still appear. The good news is that you may be able to seal or expunge your Florida criminal record.

In order to seal or expunge the record, you cannot have a criminal conviction in any case. Additionally, you cannot have ever sealed or expunged any other record. There are certain crimes that cannot be sealed in Florida (See Florida Crimes that Cannot be Sealed). If the charges were dropped or your record has been sealed for 10 years, you may be able to expunge your record. If adjudication of guilt was withheld (meaning you were not convicted), you may be able to seal your record. See What is the Difference Between Sealing and Expunging for more information.

If you seal or expunge your record, most people will not be able to view the Florida case that you have sealed or expunged, and you can legally deny or fail to acknowledge the arrests covered by the sealed or expunged record, unless it falls under one of the exceptions listed in Florida Statute Sections 943.0585 or 943.059. If you are interested in sealing or expunging your Florida criminal record, contact a Jacksonville Criminal Defense Lawyer to review your Florida Criminal History and determine if your applicable for a Record Seal or having your Record Expunged.

October 20, 2011

Florida-Georgia Game Alcohol related arrests

by David M. Goldman

The Florida-Georgia Game will take place on Saturday, October 29, 2011. College students from all over the Southeast will flock to Jacksonville, Florida for one of the biggest tailgates of the year. While, most fans will have the time of their lives, others may end up with a not-so-friendly police encounter. In my experience as a Jacksonville Criminal Lawyer, many people get arrested at the Florida-Georgia game for alcohol-reltated offenses. Many underage college students will consume alcohol, and the Jacksonville Sheriff’s Office is on the lookout for underage drinking. Quite often, the police officer will issue a notice to appear in court to the underage drinker. This is not something that should be taken lightly. It is still a crime in Florida and will go on the college student’s criminal record. Therefore, before taking any action and entering a plea of guilty or no contest, it is imperative that the student discuss the case with an Jacksonville Criminal Attorney.

There are other alcohol-related crimes that occur at the Florida-Georgia game. These Florida crimes includes disorderly intoxication, indecent exposure, trespass, and resisting an officer with or without violence. If you are confronted with a police officer at the game, do not over react and treat the police officer with respect. Your reaction can make things worse. Additionally, you should know your rights. You do not have to speak to a police officer. In some cases, you may give him evidence that he can later use against you. If you are arrested, you should talk to a Jacksonville Criminal Attorney before making any decisions in your case.

October 19, 2011

Should I Hire a Jacksonville Criminal Attorney if the Police Are Questioning Me?

by David M. Goldman

Imagine that the Jacksonville Sheriff’s Office sends a police officer to your home for questioning. You hear a knock on your door, and you are not sure why the police officer is there. He begins to question you about a recent Jacksonville Florida crime. Due to his line of questioning, you feel uncomfortable. You are not sure if he believes you are a witness or a suspect. You are worried that if you refuse to speak with him, he will think that you have something to hide. However, if you talk to him, he may misconstrue your words and use them against you.

These are all normal reactions. As a Jacksonville Criminal Defense Lawyer, I have represented clients that were not charged with crimes, but they were under investigation by the Jacksonville Sheriff’s Office. For people that are not involved in the Jacksonville legal system, it is difficult to discuss a case, because they do not understand all of the circumstances surrounding the case. Normally, when a police officer suspects that a person has committed a crime, he is not seeking evidence that will exculpate or exonerate the suspect. He is usually seeking evidence that tends to implicate the suspect. When you discuss your case with a police officer, you may be giving him evidence that he can later use against you.

You should considering hiring a Jacksonville Criminal Defense Lawyer to speak with the Jacksonville Sheriff’s Office and discuss your case with you. The Jacksonville Criminal Attorney can be present at any meetings that you have with the police officer and advise you of the best route to take during the case’s investigation. If you are under investigation, contact a Jacksonville Criminal Defense Lawyer to assist you in these tricky times and to make sure your legal rights are being protected.

October 18, 2011

What Happens if I am Caught Shoplifting in Jacksonville, Florida?

by David M. Goldman

If you are caught shoplifting at a retail store in Jacksonville, Florida, you may be charged with theft in Duval County Court. If the retail store calls the police, you will either be arrested or issued a notice to appear in court for the charge of Jacksonville theft. The charge that you will be facing depends on the amount that you allegedly shoplifted. If the value of the property is $300.00 or more, it is a felony theft. (See Jacksonville Shoplifting Crimes Range From Misdemeanor to Felony Charges)

Jacksonville shoplifting and theft is not a crime that should be taken lightly. When job searching, employers often disapprove of this crime, and it could affect their hiring decisions. Therefore, it is important to attack this Jacksonville theft case early. You may be able to defend the case due to a lack of evidence or by proving that you were falsely accused. In some Jacksonville theft cases, the Duval County State Attorney Office may consider diverting the criminal case, causing the charges to later be dropped. The last thing that you want to do is be convicted of a Jacksonville theft crime, because this will affect your ability to seal or expunge your Jacksonville criminal record. Therefore, it is important to contact a Jacksonville Theft Attorney.

October 15, 2011

Can I Remove this Felony Drug Charge From My Florida Criminal Record?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer I have sealed and expunged many Florida criminal records. Often, people ask me if they are eligible to have a felony drug charge sealed or expunged, in Jacksonville, Florida. The answer is “it depends.” It depends on the charge and the disposition. If you have ever been convicted of any crime, you cannot have your recorded sealed or expunged. Therefore, if you were convicted of the drug charge, you cannot get it expunged. Even if you were convicted of an unrelated criminal offense, you cannot get the drug charge expunged.

It also depends on the crime. If you have pled guilty or no contest to certain drug offenses, such as manufacturing any substances in violation of chapter 893, you cannot get your record sealed, even if the adjudication was withheld. Section 907.041(4)(a) of the Florida Statutes gives a list of all the crimes that cannot be sealed in Jacksonville, Florida (See Florida Crimes that Cannot be Sealed). However, if the charge was dropped, you may be able to get the Jacksonville arrest expunged, even if it is listed in Section 907.041(4)(a), because you did not plea guilty or no contest to the Jacksonville criminal charge.

As a Jacksonville Criminal Defense Lawyer I can review your Florida Criminal Record and make the initial determination if your Florida Criminal History is applicable for a Record Seal or having your Record Expunged.

October 10, 2011

What Happens if I am Pulled Over and My Florida Driver’s License is Suspended?

by David M. Goldman

If your Florida driver’s license is suspended and you are stopped by a police officer, you will either be issued a traffic citation or arrested. If you are driving with a suspended or revoked driver’s license and you are unaware of the revocation or suspension, you will be cited for unknowingly driving with a suspended or revoked license in Florida. This is a civil traffic infraction. If you were aware that your Florida driver’s license was suspended or revoked, you will be charged with a Florida Criminal Traffic Infraction. Usually, this is a misdemeanor charge. However, if you acquire three driving with a license suspended or revoked charges within a five year period, you will be labeled a Florida Habitual Traffic Offender. If you are stopped as a Florida Habitual Traffic Offender, you will be facing a felony arrest.

If you are issued a citation for civil or criminal driving on a suspended license, do not pay the ticket before talking to a Jacksonville Drivers License Lawyer. Because of the future ramifications that this could cause, it may be better for you to set a court date. If you pay the ticket, you will be adjudicated guilty of Florida driving with a license suspended or revoked.

October 9, 2011

Jacksonville Shoplifting Crimes Range From Misdemeanor to Felony Charges

by David M. Goldman

Under Section 812.014, Florida Statutes, a Jacksonville shoplifting charge can range from a misdemeanor to felony crime. Usually, this level of the crime depends on the value of the goods that were the subject of the theft. Section 812.014 states that if the value of the property is less than $100.00, the petit theft (petty theft) is a second-degree misdemeanor, which is punishable by up to 60 days in Duval County Jail. If the property stolen is valued at $100 or more, but less than $300, this is a first-degree misdemeanor. This is punishable by up to one year in Duval County Jail. If the property is valued at $300 or more, but less than $5,000, the offender has committed a third-degree felony which is punishable by up to 5 years in Florida State Prison.

Florida Statute Section 812.014, also provides for enhanced charges if the offender has previous theft convictions. Therefore, it is important to tell your Jacksonville Theft Lawyer about your criminal record.

October 5, 2011

Why Can Employers Still See My Florida Criminal Arrest When My Charges Were Dropped?

by David M. Goldman

If you are arrested for a crime in Jacksonville, Florida, you have a criminal record. Even if the charge was dropped, employers can still see your Florida criminal arrest. This charge will still come up on a Florida criminal background check. The Florida criminal background check will show that you have been arrested and that the charges were dropped. This arrest is public record, unless it was a juvenile arrest. However, you can petition to have your Florida criminal arrest expunged. If your record is expunged, you can legally deny the arrest and in most background checks (not all),and your arrest will be concealed. Under Florida Statute Section 943.0585(4)(a), there are certain entities from which you cannot conceal the arrest. They are listed in the Florida Expunction Law below:

(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.–Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.

(a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:

October 3, 2011

Jacksonville Misdemeanor Guilty Pleas and Criminal Misdemeanor Conviction

by David M. Goldman

If you get arrested for a Jacksonville misdemeanor case, the majority of the time, you will attend first appearance court at the Duval County Jail. At this hearing, the Duval County State Attorney’s Office will offer to settle your case with you in return for a plea of guilty or no contest (nolo contendere). This is know as a plea agreement. Many people that are charged with Jacksonville misdemeanor crimes accept this plea agreement without understanding the consequences. They enter a plea and are unaware of the future consequences. A criminal conviction can stop you from ever having your record seal. It can also affect your current and future employment opportunities. Depending upon the misdemeanor charge, you driver’s license could be suspended. (See Three Minute Justice in the Folio Weekly Jacksonville).

Before entering a plea of guilty or no contest to any crime, it is important to have legal representation for the Jacksonville misdemeanor crime. If you have already entered a plea to the Jacksonville misdemeanor charge, you may be able to withdraw your plea, but you have only 30 days to do so. You may also have a claim for relief under Florida Criminal Rules of Procedure 3.850. There is a two year time limit for a 3.50 motion, so it is important that you contact a Jacksonville Criminal Defense Lawyer as soon as possible, as time is of the essence and your ability to change the plea might be unavailable if you delay.

October 1, 2011

How Can I Get My Jacksonville Criminal Charges Dropped?

by David M. Goldman

How can I get my Jacksonville criminal charges dropped? There is not a clear answer to this question. Every Jacksonville criminal case must be evaluated on a case by case basis. The Duval County State Attorney Office may chose to drop charges for different reasons, but it is completely within the Jacksonville prosecutor’s discretion. Even if the State Attorney does not drop the charges, he or she may chose to make a plea offer for a lower or lesser criminal offense. Charges can be dropped or decreased for the following reasons:

Lack of Evidence: If the State does not have the evidence required to move forward with the case, they may drop the charges or make an offer to the Jacksonville Criminal Defendant to plea to a lesser offense.
Pretrial Intervention or Diversion Program: The State of Florida offers a pre-trial intervention program. This is a diversion program that the Jacksonville State Attorney may offer in some cases. If the Jacksonville Criminal Defendant completes the program, the State of Florida will drop the charges.