Jacksonville Criminal Defense Lawyer Blog

June 9, 2011

Jacksonville Kidnapping Charges that Stem From a Forcible Felony Must Pass a Three-Part Test

If a Jacksonville Criminal Defendant is arrested for Jacksonville Kidnapping under Section 787.01(1)(a)(2), he or she has also been accused of committing another felony. In order to be charged under this Florida kidnapping law, the Jacksonville State Attorney must show not only that the defendant abducted or imprisoned the victim; the prosecutor must also establish that the defendant did so in order to commit or facilitate the commission of a felony.

The Florida Supreme Court recognizes that if Section 787.01(1)(a)(2) were applied literally, it would convert any forcible felony into two distinct felonies, kidnapping and the underlying felony, in every forcible felony case. Therefore, the Florida Supreme court uses a three-part test it adopted in Faison. The State is required to demonstrate that every element of the statute has been satisfied before turning to the three-part test.” Delgado v. State, 36 Fla. L. Weekly S220c (2011). (See Florida Supreme Court Uses the Faison Test for Florida Kidnapping Charges).

June 8, 2011

Jacksonville Kidnapping Charges Arising From Felony Arrest

by David M. Goldman

In Jacksonville, Florida, the crime of kidnapping is a first-degree felony and punishable by up to life in prison. Florida Statute Section 787.01(1)(a) defines Florida kidnapping and states:

“(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

1. Hold for ransom or reward or as a shield or hostage.

June 7, 2011

Decomposition Odor is a New Type of Evidence Used in the Casey Anthony Florida Trial

by David M. Goldman

The Florida Casey Anthony Murder trial has been covering headlines all over the State of Florida and the nation. Anthony is an Orlando woman accused of murdering her 2-year-old daughter. Ms. Anthony contends that her daughter drowned in a family swimming pool.

The Florida prosecution has presented testimony from multiple witnesses that claim that Ms. Anthony’s car had an extremely foul odor. The State of Florida is presenting this evidence to the jury to infer that a dead body was in the vehicle. In order to identify the odor, Florida prosecutors called Dr. Arpad Vass, he developed a test that is designed to analyze air samples to determine the presence of certain chemicals and compounds associated with human decomposition.

While not conclusive, Dr. Bass has testified that nearly all the compounds associated with human decomposition were found in Ms. Anthony’s car. Further, Dr. Vass recalled smelling an “overwhelmingly strong” odor of human decomposition from an air sample taken from Anthony’s car. This is the first time his tests have been admitted in a trial in the United States, but if found reliable, such evidence may be used in other trials in the future. Anthony’s attorney has objected strenuously to the admittance of this evidence due to the lack of reliability. It will be interesting to see if the jury places much emphasis on this evidence. (Jacksonville.com)

June 6, 2011

Woman Charged in Jacksonville, Duval County Florida For Stealing Credit Cards at Wal-Mart

by David M. Goldman

Amanda Love Gardner was arrested for stealing credit cards from shopper’s purses at Wal-Mart stores in Duval, Clay, and Baker Counties. She is accused of taking the credit cards and then using them to purchase items for herself. She has been charged with fraudulent use of credit cards in Jacksonville (Duval County), but she will likely face charges in Clay and Baker Counties, as well.

On May 31, 2011, Jacksonville.com posted pictures of two suspects (Thieves stealing shoppers’ credit cards at Jacksonville Walmarts). This led to Gardner’s arrest. The Jacksonville Fraudulent Use of Credit Card Attorney handling the case will need to view this video with Gardner as soon as possible to build a defense.

June 4, 2011

The Fifth Amendment is Used to Prevent People From Being Forced to Testify about Criminal Matters in Florida Hearings

by David M. Goldman

The Fifth Amendment is applied to Florida, and all the other States, through the Fourteenth Amendment. It protects a person from self-incrimination and is meant to “assure that an individual is not compelled to produce evidence which later may be used against him as an accused in a criminal action.” Maness v. Meyers, 419 U.S. 449, 461 (1975). A witness in a civil proceeding has the right to refuse to respond to a question on the grounds that his answer may tend to incriminate him. See Kastigar v. United States, 406 U.S. 441, 444-45 (1972). When a person invokes the privilege against self-incrimination, “it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.” St. George v. State, 564 So. 2d 152, 155 (Fla. 5th DCA 1990). Therefore, a person can testify at a Jacksonville, Florida civil hearing or trial but refuse to answer certain questions by invoking the 5th amendment privilege. The person giving testimony must be careful not to waive his or her privilege by testifying as to the criminal matter and “opening the door” to the subject-matter.

Also read, Fifth Amendment’s Right Against Self-Incrimination Applies to Jacksonville Domestic Violence Injunction Hearings

June 4, 2011

Fifth Amendment’s Right Against Self-Incrimination Applies to Jacksonville Domestic Violence Injunction Hearings

by David M. Goldman

Quite often, the respondent in a Jacksonville Domestic Violence Injunction Hearing will also have a criminal case pending at the same time. Therefore, he or she will be reluctant to defend at the Jacksonville Injunction hearing due to a fear of jeopardizing the criminal case. However, there are remedies. The respondent may be able to obtain a continuance until after the criminal case is resolved. Otherwise, the respondent can testify and invoke the fifth amendment’s right against self incrimination. As long as the respondent does not testify on direct-examination about the matters pertaining to the criminal charge, he or she cannot be forced to testify on cross-examination about the alleged Jacksonville crime. Since “the right to be free from self-incrimination is a fundamental principle secured by the Fifth Amendment, waiver of the privilege will not be lightly inferred, and courts will generally indulge every reasonable presumption against finding a waiver.” Jenkins v. Wessel, 780 So. 2d 1006, 1007 (Fla. 4th DCA 2001) (citing State v. Spiegel, 710 So. 2d 13, 16 (Fla. 3d DCA 1998).

For more information, read The Fifth Amendment is Used to Prevent People From Being Forced to Testify about Criminal Matters in Florida Hearings.

June 3, 2011

Florida Criminal Jury Trial for Sale of Cocaine is Reversed Due to Florida Judge’s Error

by David M. Goldman

The Florida Law Weekly published an opinion from the Florida Fourth District Court of Appeals. The Florida Court had to decide “whether the trial court committed reversible error by answering a question from the jury without first consulting the defense attorney and prosecuting attorney.” Pearson v. State, 36 Fla. L. Weekly D1156a.pdf The Florida Criminal Defendant was on trial for sale of cocaine within 1000 feet of a park and possession of cocaine. While deliberating, the jury asking for a definition for “abiding conviction of guilt” which was a phrase used in the standard jury instructions. The Florida judge went into a lengthy discussion about this phrase and the reasonable doubt standard without first discussing it with counsel for the Florida Criminal Defense Attorney and the State Attorney. Afterwards, he asked the attorneys if they had any objection, and the Florida Criminal Defense Attorney objected.

Rule 3.410, Florida Rule of Criminal Procedure, states that jury instructions “shall be given and the testimony read only after notice to the prosecuting attorney and to counsel for the defendant.” The Florida trial court gave clarification to the jury without affording defense counsel a meaningful opportunity to have input. It was not sufficient that the court later asked if the defense attorney had any objections to the trial court’s statements. Therefore, the Florida Criminal Defendant is entitled to a new trial.

June 2, 2011

Jacksonville Teenager Pled Guilty to Attempted Murder and Faces Sentencing

by David M. Goldman

Eric Francis Sandefur pled guilty to attempted first-degree murder. He was accused of stabbing a transient man, Jason James Jerome, in Jacksonville on December 4, 2010. He entered a guilty plea which exposes him to 40 years in Florida State Prison. Due to the recent Supreme Court ruling in Graham v. Florida, Sandefur cannot be sentenced to life in prison. Duval County Judge, Virginia Norton, will listen to mitigating evidence presented by Sandefur’s Jacksonville Criminal Lawyer and aggravating evidence submitted by the Duval County Assistant State Attorney. Thereafter, she will render a decision and sentence this Jacksonville teenager. Therefore, it is important for Sandefur and his Jacksonville Criminal Lawyer to prepare well for this sentencing hearing.

For more information, read Defendant Pleads Not Guilty in Jacksonville Stabbing Case.

June 1, 2011

Florida Times-Union Posts Surveillance Photos to Identify Suspect in Jacksonville Crimes

by David M. Goldman

The Florida Times-Union’s website (Jacksonville.com) posts occasional surveillance photographs of recent crimes in Jacksonville, Florida in an effort identify the suspects. The Florida Times Union in Jacksonville titles these articles, Perp of the Day, and runs the stories with photographs which are picked up by other online media sources. The this causes the Jacksonville crime to be broadcasted in other areas which would increase the likelihood of an arrest.

However, it is important to note that surveillance pictures are often bad quality. This could lead to a false arrest. A person could be arrested for a Jacksonville crime that he or she did not commit. Therefore, there should be other evidence linking the suspect to the crime. In some cases, police will question a Jacksonville criminal suspect for the purpose of obtaining more evidence. This is one of the many reasons that anyone suspected of a crime in Jacksonville, Florida should speak with a Jacksonville Criminal Lawyer prior to answering any questions.

May 23, 2011

Florida Deputy Dies in Florida DUI Crash

by David M. Goldman

On May 21, 2011, Florida Highway Patrol (FHP) arrested Pedro Terrero Leyva for Florida Driving Under the Influence (DUI) causing serious bodily injury, careless driving, and having an open container. Leyva has been accused of hitting an off-duty Florida Deputy, Gary Lee Edwards, and causing a crash that seriously injured Edwards. He was taken to Shands hospital. Since Leyva was charged with Floirda DUI Causing Serious Bodily Injury, he was facing the penalties of a third-degree felony which is punishable by up to five years in prison (See Suwannee Co. Deputy Hurt in Crash).

However, Leyva will face a larger Florida sentencing range. Edwards died at Shands hospital (See FHP: Deputy Hit By DUI Driver Dies). The State Attorney’s Office will likely charge him with Florida DUI Manslaughter, a second-degree felony. In Florida, a second-degree felony is punishable by up to 15 years in prison.

If you have been charged with DUI in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer, to discuss your case and to make sure your rights are being protected.