Jacksonville Criminal Defense Lawyer Blog

November 18, 2008

Getting a Criminal Record Expunged in Jacksonville, Florida

Everyone makes mistakes. Sometimes, a mistake can result in a criminal record. This criminal record will follow a person forever, but there is a way to fix this. In some cases, you may be able to get your record expunged. To expunge a record in Jacksonville, Florida, there are certain requirements that must be met:

The case did not result in a criminal conviction. Either the prosecutor never filed the case, the charges were dropped or dismissed, you were acquitted, or the conviction was withheld. If the conviction was withheld or you were acquitted, your record must have been sealed for 10 years. Therefore, if you are trying to get a withheld conviction or acquittal sealed, you need to seal the file first, and then have it expunged.
You must have no prior criminal record that resulted in a conviction and you can only expunge one arrest. In order to expunge a record in Jacksonville, Florida, you cannot have a conviction in Jacksonville, Florida or in any other city or state.
There are certain charges that may not be expunged. For a list, see Florida Statute Section 943.0585.
The proper paperwork and background check must be completed.

If you are interested in getting a criminal record expunged in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Florida Expungement Attorney.

November 17, 2008

Florida Teacher Arrested for Delivery of Drugs

by David M. Goldman

Police arrested a Florida teacher, Valerie Elaine Sabarese, for possession and delivery of heroine and crack cocaine. Hillsborough County Police claim that she sold undercover detectives the illegal drugs at a convenience store.

In Florida, sale of a controlled substance, such as cocaine and heroine, is a second degree felony and can result in a maximum of 15 years in Florida State Prison. However, Ms. Sabarese’s case has another obstacle to overcome. Florida Law increases the penalty for sale of a controlled substance if it is within 1,000 feet of a convenience store. In that situation, the sale of cocaine and heroine is a first degree felony and is punishable by up to 30 years in Florida State Prison.

Although this crime occurred in West Florida, the law is the same for the entire state, including Jacksonville, Florida. As a Jacksonville Florida Drug Crime Attorney, I have handled many cases involving sale of cocaine and other controlled substances. In some cases, the criminal defendant is not guilty of the offense, and there may be an issue of mistaken identity. In other cases, the criminal defendant may have sold the drugs due to an excessive drug problem. A Jacksonville Florida Drug Crime Lawyer understands that each case is different and requires special attention.

November 14, 2008

Jacksonville Man Awaits Sentencing for Child Abuse

by David M. Goldman

In Jacksonville, Florida, Randall Piercy sits in the Duval County Jail awaiting his sentence for child abuse. This Jacksonville resident recently pled guilty to the charge of aggravated child abuse, but he has been in the custody of the Jacksonville Sheriff’s Office since his arrest in 2006.

Under Florida Law, Aggravated Child Abuse occurs when a person, among other things, willfully and unlawfully cages a child. In Mr. Piercy’s case, he pled guilty to imprisoning his nine-year-old son, so he could be facing up to 30 years in prison.

Mr. Piercy’s sentencing hearing is scheduled for December 15, 2008 at the Duval County Courthouse in Jacksonville, Florida. The sentencing hearing is a very important part of the case, and will decide how much time in jail this criminal defendant will face.

November 12, 2008

Florida Driver Charged with Four Counts of Aggravated Assault

by David M. Goldman

Barry Gibby and Kelly Brooks, in St. Augustine, Florida, were arrested in connection with theft of case of beer on Veteran’s Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.

Under Florida Statute Section 784.011, a criminal defendant commits assault if:

The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.

November 12, 2008

Florida Driver Arrested after Fleeing From Police

by David M. Goldman

In St. Augustine, Florida, Barry Gibby and Kelly Brooks were arrested in connection with theft of case of beer on Veteran’s Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.

Clearly, Mr. Gibby faces many criminal charges, but the most significant is Fleeing and Attempting to Elude a Law Enforcement. In Jacksonville, Florida and the surrounding areas, Fleeing and Attempting to Elude a Law Enforcement Officer is a third degree felony, which is punishable by up to 5 years in prison. However, Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer is a second degree felony. This is punishable by up to 15 years in prison. While Mr. Gibby may have been arrested for Fleeing and Attempting to Elude a Law Enforcement Officer, it is likely that the prosecutor in St. Augustine will file his charges as Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer. The aggravating factor in Mr. Gibby’s case is the fact that he speed and drove erratically. Additionally, he almost hit three police cars.

In my experience as a Jacksonville Florida Criminal Defense Attorney, the State Attorney’s Office takes Aggravated Fleeing and Attempting to Elude a Law Enforcement Officer very seriously. The prosecutor usually pushes for prison time. If you have been arrested for Fleeing and Attempting to Elude or Aggravated Fleeing and Attempting to Elude, you should contact a Jacksonville Fleeing and Attempting to Elude Attorney. A Jacksonville Fleeing and Attempting to Elude Lawyer understands how serious your case is and can represent you to the fullest. Contact our Jacksonville Criminal Defense Lawyers by email or by calling 904-685-1200.

November 11, 2008

Florida DUI Lawyer: Arrest of Jacksonville CBS Anchorman

by David M. Goldman

John O’Connor, a CBS anchorman, was arrested for Driving Under the Influence (DUI) in Atlantic Beach, Florida. Police found a beer in his car. According to the arresting officer, John O’Connor failed Field Sobriety Tests and appeared to be impaired by alcohol.

In Jacksonville, Florida, Field Sobriety Tests (also known as Field Sobriety Exercises) are given to drivers that are under suspicion for DUI. They are a series of exercises that an officer makes a driver perform in order to determine if the person is impaired. These exercises include:

(1) Horizontal Gaze Nystagmus- an officer uses a pen and moves it side to side watching the driver’s eyes,

November 11, 2008

San Marco Doctor Robbed In Jacksonville Florida

by David M. Goldman

On Sunday morning, two masked men robbed a doctor at gunpoint in Jacksonville, Florida. They forced their way into the doctor’s house seeking Oxycontin. However, the doctor did not have this medication, but they did steal $150 in cash.

Clearly, the men that committed will be subject to home-invasion, armed robbery charges in Jacksonville, Florida, but it does not end there. Florida enacted a law known as “10, 20, Life.” This law creates a minimum mandatory sentence for criminal defendants that use a firearm in the commission of a crime. For example, the men that committed the robbery were in actual possession of a gun. As such, these criminal defendants will be subject to a minimum mandatory sentence of 10 years in the Florida State Prison.

A criminal defendant that is charged with any crime that involves a firearm should hire a Jacksonville Florida Gun Crime Attorney to protect the criminal defendant’s interests. The “10, 20, Life” Florida law is complicated. A Jacksonville Florida Criminal Defense Lawyer that understands the penalties associated with a gun crime will be able to represent the criminal defendant to the fullest.

November 10, 2008

Florida DUI Lawyer: A DUI Can Ruin the Holidays

by David M. Goldman

The cold weather is here in Jacksonville, Florida, and we all know that means: football, Thanksgiving, Christmas, and New Years. While this is a joyous time for most people, one thing can ruin it: Driving Under the Influence (DUI). Not only can a Florida DUI result in serious injury or death, it also results in an arrest and loss of your driver’s license.

The best way to avoid a DUI is to designate a driver or call a taxi-cab. DUI does not mean that you are drunk and driving, it means that you have consumed enough alcohol to the extent that you are too impaired to drive. If you are arrested for DUI, you need to hire a Jacksonville Florida DUI Attorney to protect your rights. You should act fast. In order to attempt to regain your driving privileges, you need to set a hearing with the department of motor vehicles within 10 days of your arrest. A Jacksonville Florida DUI Lawyer can do this for you. Also, you will be going to criminal court on this charge, and a Jacksonville Florida DUI Attorney can start working on your case and discussing it with the prosecutor before you even make it to the courtroom.

November 10, 2008

Jacksonville Gun Crimes Equal Hard Time

by David M. Goldman

The Jacksonville Sheriff’s Office has in effect an initiative known as “Operation Safe Streets.” Due to Jacksonville’s soaring murder rate, this initiative focuses on gun crimes. The idea behind Operation Safe Streets is that a criminal defendant charged with a gun crime will serve time in jail. The goal of the Jacksonville Sheriff’s Office is to get guns off the street, stop people from carrying guns illegally, and send a message to the community to deter gun crimes.

While there is a need for gun crime deterrence in Jacksonville, a bright-line rule that a “Gun Crime = Hard Time” is not the answer. As with everything in life, there are exceptions to the rule. In some cases, jail time for someone charged with a gun crime may not be the solution. For example, imagine a man that recently began carrying a concealed firearm in his vehicle for protection. He has no criminal record and is in the process of obtaining his permit, but does not have it yet. Technically, he may be charged with a felony and sent to jail or prison, but is this fair? Each case should be evaluated on a case by case basis. A rule that everyone charged with a gun crime should go to jail, period, does not make sense.

A Jacksonville Florida Gun Crime Attorney can evaluate the case and show the prosecutor why a person charged with a gun crime is different from other criminal defendants. A Jacksonville Florida Gun Crime Lawyer knows that not every person arrested for a gun crime deserves to go to prison or jail.

November 10, 2008

Jacksonville Jaguar’s Shooter Arrested for Attempted Murder

by David M. Goldman

Tyrone Hartsfield will be arraigned today in Jacksonville, Florida. He was arrested for the attempted murder of Jacksonville Jaguar football player, Richard Collier. Florida Statute Section 782.04 defines first-degree murder as the unlawful, premeditated killing of a human being. If the criminal defendant is unable to carry out the murder, this is attempted murder. In order to commit attempted murder, you must specifically intend to kill another human being. It is the state attorney’s burden to prove that you intended to kill the other person.

In Mr. Hartsfield’s case, he is accused of shooting Mr. Collier. However, this alone is not enough to convict him of attempted first degree murder. It must be shown that he intended to kill Mr. Collier. That is where a Jacksonville Criminal Defense Lawyer comes in. A Jacksonville Attempted Murder Attorney can investigate the case to determine if the prosecutor is able to prove that the criminal defendant had the requisite intent. In a serious case, such as attempted murder, it is import to have a Jacksonville Criminal Defense Attorney that is well-versed in criminal law to protect the criminal defendant’s rights and liberties.