Jacksonville Criminal Defense Attorney Blog | Florida Domestic Violence Lawyers | Jacksonville Criminal Defense Law Firm

Florida student's threat did not constitute assault in the state

2012-02-22T18:15:29Z

Middle school can be a tough time for many kids. Hopefully, things get better in high school, but until teens get to that point, that time during adolescence can make for stressful, emotional times. Of course no one is saying that verbal outbursts against anyone are okay, but people should be cautious about getting a young person in the position of facing a criminal charge.

An appeals court in Florida recently came to the defense of a minor in an assault case related to an incident at his middle school. A lower court had found him guilty of assault because he had verbally threatened an employee at the middle school. But, ruled the appeals court, that threat wasn't enough to support an assault charge against the young man.

]]> Florida law states that three conditions must be met for an assault charge to meet conviction:

"An intentional, unlawful threat by word or act to do violence to the person of another,"
"...an apparent ability to do so,"
"...act which creates well-founded fear in such other person that such violence in imminent."

The appeals court found that the supposed victim had no reason to believe that any violence was actually imminent, or honestly about to happen. The assault charge, therefore, was dismissed, saving the boy's record from the stain of a criminal charge.

While it's important to keep youth on the right track, it is also important to protect them from needlessly winding up in the criminal justice system. It can be a trap, where one charge or conviction sets the young man up for a future of legal hardship.

Source

Education Week: "Student's Threat Was Not 'Assault' on School Aide, Court Rules," Mark Walsh, Feb. 15, 2012

Florida proposal requiring ignition interlock faces opposition

2012-02-21T16:25:37Z

The Florida House Transportation and Highway Safety Subcommittee debated House Bill 681 last week, a measure that would require the installation of an ignition interlock device into the cars of everyone convicted of driving under the influence, no matter their blood alcohol content or number of previous DUI offenses.

An ignition interlock device is essentially a breathalyzer for the car. It measures a driver's BAC before allowing the car to start, and tests the driver's BAC periodically while it is operated. Usually the BAC limit is below the 0.08 percent under which all states presume a driver is too intoxicated to operate a motor vehicle. Instead, the device will not allow a car to start with a driver who has anywhere from a BAC of 0.02 to 0.05 percent.

]]> A 120-pound woman can reach a BAC of 0.08 by consuming two glasses of wine over two hours.

Many states mandate the installation of the devices for serial offenders or for those with a high BAC at the time of the DUI arrest. The National Highway Traffic Administration notes that the average BAC for fatal accidents is 0.19 percent, which is more than double the legal limit, and that 70 percent of all fatal accidents caused by alcohol impairment involve drivers with a 0.15 BAC.

The American Beverage Institute, which represents at least 850 restaurants and bars, urged Florida legislators to reject the measure. The ABI claims that a conservative estimate by the American Probation and Parole Association has Floridians paying $23.7 million per year for the proposed changes.

Instead, the ABI believes that only the most dangerous drunk drivers should be required to install the controversial devices.

Source

WCTV: "Group Opposes FL Alcohol Legislation," Feb. 16, 2012

Gators football player faces misdemeanor domestic violence charge

2012-02-16T18:38:16Z

Jacksonville native and current tight end for the Gators has a legal fight to tackle. He faces a serious charge of domestic battery following an incident this week. It's still very early in this case, but it's never too early for a domestic violence suspect to aggressively protect his name and future.

A conviction of domestic battery usually leads to probation, fines, required counseling sessions and limits against owning a firearm. Along with the legal consequences, the mere accusation that someone was abusive can lead to significant damage to his reputation and immediate everyday life.

]]> Freshman A.C. Leonard was arrested for suspicion of domestic violence on Wednesday, based on his girlfriend's report to police that he became violent with her during an argument. Leonard claims that he never hit the supposed victim. He was released from custody this morning.

If someone is arrested for domestic violence when police respond to a call, that doesn't necessarily mean that it's clear anything illegal occurred. Officials are trained to arrest someone if a report of domestic violence is made, even if the supposed victim changes his or her mind about what happened.

This reality can be especially troublesome because of the high rate of false reports related to domestic violence. Emotions run high in domestic relationships, and a moment of jealousy or anger can cause a person to say incriminating things about their partner.

No matter the situation, someone who is arrested for domestic battery should not hesitate to get an aggressive, experienced criminal defense attorney on his side.

Source

Orlando Sentinel: "Florida TE A.C. Leonard arrested," Rachel George, Feb. 16, 2012

Florida mortgage officers in prison for fraud scheme

2012-02-11T16:54:27Z

Three Florida mortgage officers and a title agent have received federal prison sentences for their participation in a nationwide reverse-mortgage scheme, designed to capitalize on the equity senior citizens have in their homes. During the parties' trials, the government alleged that the mortgage fraud scheme took in over $2.5 million from dozens of seniors.

The defendant deemed responsible for contriving the plan received 70 months in federal prison. Authorities claim that he targeted seniors with financial troubles, encouraging them to apply for reverse mortgages to tap the equity in their homes.

]]> Reverse mortgages offer seniors over 62 years old the opportunity to sell the equity in their homes to mortgage lenders, who make monthly installment payments to the homeowners. Seniors then have cash to meet their living expenses, rather than having their assets tied up in their homes, without having to actually sell their homes.

After the seniors applied for the mortgages, the defendant would reportedly get exaggerated home value appraisals and take out more loans on the properties, stealing the equity.

Federal authorities say that the organizer of the scheme conspired with two other mortgage officers and a title agent to carry out his plans. The title agent is being punished for falsely closing the loans and failing to pay off applicants' existing mortgages, despite preparing documents informing applicants that their mortgages were paid.

Authorities claimed that the parties used the money they gained from the loans to buy luxury cars, take expensive vacations and gamble in Las Vegas.

One of the mortgage officers received a prison sentence of 24 months and the other got a 41 month sentence for their parts in the fraud. The title agent was sentenced to five years in prison.

Tony West, Assistant Attorney General for the Civil Division of the Department of Justice, noted that the lengthy sentences that the defendants received should be a warning to others that authorities take mortgage fraud very seriously and will not hesitate to prosecute such cases to the fullest extent possible.

Source

Housing Predictor: "Three Mortgage Officers Sentenced to Federal Prison," Mike Colpitts, Feb 3, 2012.

NFL player charged with DUI in Florida

2012-02-10T14:01:53Z

With the National Football League season over, many players are taking time off to relax and blow off some steam and party with friends, but for San Francisco 49ers linebacker, Aldon Smith, his form of relaxation and fun got him charged with a DUI in Miami Beach, Florida, last week.

According to Miami-Dade County jail records, Smith was booked and held on $1,000 bond, which he posted and was subsequently released.

]]> A police spokesman had no information available about the arrest, but team officials stated that they were aware of the arrest and would continue to gather facts and monitor any changes in the case.

Smith was drafted in 2011 as the seventh overall pick and during his first season, he recorded 14 sacks, which was a franchise record for a rookie linebacker. He also ranked number one in the NFL for sacks among rookies.

DUI charges are common in Florida and often times an individual facing such a charge may feel that there is no hope or that the case might be too difficult to defend. If you find yourself charged with a DUI or arrested for suspicion of driving under the influence, it's best to speak with an attorney to make sure that your rights are protected. An attorney will review the charges and concentrate on the initial stop, the DUI investigation by the officer, the Breathalyzer test and results and any statements that you may have made. The laws in Florida require the arresting officer and State Attorneys to follow precise procedures and rules as stated in the Florida Rules of Criminal Procedure and the Operational Guidelines, if these aren't followed exactly, the case against you could result in a more favorable outcome.

Source: USA Today, "49ers' Aldon Smith faces DUI charge in Florida," Jan. 28, 2012

Florida boy faces homicide charges in adult court

2012-02-07T17:54:23Z

If you have been accused of a crime, it is extremely imperative that you understand your rights and obligations. A conviction has serious consequences that can affect the rest of your life. A person charged with homicide in Florida faces significant jail time. Florida law defines homicide as the killing of one human being by another. Murder is the unlawful taking of a human life by another human being. There are various forms of homicide, ranging from manslaughter to first degree murder. In a local story, a young man is confronting serious vehicular homicide charges.

Recently, a 16-year-old is charged with vehicle theft, third-degree unintentional murder, vehicular homicide and fleeing police. According to reports, he was driving a stolen Toyota Tundra pickup at high speeds around Beach Boulevard and San Pablo Road. Police chased the boy; however, he allegedly ran a red light and collided into another car. The passenger in the hit vehicle died.

]]> The boy will be sent to adult court for trial. He was certified as an adult by the State Attorney's Office because of the nature of the charges. If he is found guilty, a judge will determine if he should be sentenced as an adult.

Because there are so many varying degrees, charges and sentences for murder, the criminal justice system can be overwhelming and complex for the accused. For this reason, if you are facing homicide charges similar to the young man in this story, you may want to speak to an attorney. A lawyer can educate you about the charges that you are dealing with and assist with your navigation through the intricate legal system.

Source: The Florida Times-Union, "Jacksonville teen charged in fatal car crash to tried in adult court," Dana Treen, Jan. 26, 2012

Florida DUI defendant makes himself a target of nationwide critique

2012-02-03T00:35:51Z

In what is turning into a bizarre case, a wealthy polo club owner in Florida has legally adopted his longtime adult girlfriend. According to a story in USA Today, critics argue that this move is a way for the man to protect his money following a deadly auto accident that left him charged with DUI manslaughter.

According to the story, the man faces a trial in March on charges of DUI manslaughter, vehicular homicide and leaving the scene of a crash. Depending on the outcome of the trial, he could face as many as 30 years in prison. The crash left a 23-year-old man dead.

]]> The parents of the accident victim have also filed a civil lawsuit against the polo club owner. As the USA Today story says, the theory is that the man decided to adopt his longtime girlfriend as a way to protect his assets from this civil lawsuit in case the plaintiffs win their case.

The case is rather strange. The man in question is 48 years old. We actually discussed him previously in a recent homicide post. He is a well-known, wealthy man in his Florida community. He wanted his criminal trial relocated because he and his attorney believe he won't get a fair shot otherwise. The judge denied that request.

The defendant's girlfriend, now daughter, is 42. Because she is older than 35, she is now immediately entitled to at least one-third of the assets of the trust that the polo club owner had previously set up for his two minor children. The money is protected from being collected as damages should the family win its wrongful death lawsuit.

The story is a unique one, but this should not obscure the fact that every criminal defendant deserves a fair chance in court. Perhaps this defendant has done things to paint himself as a target for public speculation, but his eccentricities or wealth don't take away from the fact that everyone should be presumed innocent until proven guilty, with a fair trial.

Source

USA Today: "Wealthy Fla. man adopts adult girlfriend as his daughter," Douglas Stanglin, Feb. 2, 2012

Bill from Florida seeks to set harsher DUI sentencing nationwide

2012-02-01T18:18:47Z

In general, states have their independent drunk driving laws. An exception to that rule is that drivers from Florida to Minnesota are considered over the legal limit if their blood alcohol content is 0.08 or higher. A Florida lawmaker is looking to make at least one more DUI law applicable across state lines.

The American Energy & Infrastructure Jobs Act is a transportation bill that is causing controversy through the states with regards to DUI laws. It not only seeks to essentially create a federal DUI law, but the law is quite harsh, dealing with first offense DUI cases and those with relatively low blood alcohol content levels.

]]> Introduced by Florida Rep. John Mica, the bill would increase the nation's use of ignition interlock devices for DUI sentencing. States, including Florida, already have their own sentencing laws involving the ignition interlock devices, but for the most part, that aspect of a sentence is saved for repeat or extreme drunk driving offenders.

In Florida, it takes a second or subsequent offense for a DUI offender to be required to use an ignition interlock device. A second offense means that an offender is required to pay for the device and use it on his vehicle for a year. The device will keep a car from starting if it detects the driver has used alcohol.

This new proposal would require that even first-time DUI offenders be required to have ignition interlock devices installed in their vehicles as a way to prevent potential repeat DUIs and the accidents they cause. Congress is currently considering the measure, and not without arguments already forming from both sides of the issue across the country.

Those against the federal proposal believe that judges should have the opportunity to consider individual first-time, relatively minor DUI cases and decide what sentencing they believe fits the crime. They don't see why someone who makes a one-time mistake should be treated in the same manner as someone who is a repeat offender.

Source

9News.com: "Federal law would mandate ignition interlocks for DUI offenders," Dave Delozier, Jan. 31, 2012

Senator's aide arrested for act of domestic violence

2012-01-28T14:07:48Z

Domestic conflict is almost always complex and can end with unfortunate results. Recently, an aide to U.S. Senator Marco Rubio was arrested on suspicion of committing an act of domestic violence against his wife. The Florida man was arrested at a Fort Myers hotel after local police believed to have probable cause to arrest him for domestic violence battery.

The couple began a verbal argument while driving home. When they arrived at their home, the argument became more contentious and the man apparently pushed her onto a carpet which was on the garage floor. He then rolled her up in the carpet and began to strike the carpet. Eventually, the man went back in the house and his wife followed him. Their argument continued and the man pushed her up against a wall and left the house, according to reports.

]]> After receiving a report of an incident, the police responded to the house and gathered enough evidence to have probable cause to arrest the man. The wife declined medical treatment and wished not to press charges. Police arrested the man and placed him in the county jail on $1,000 bond. The court trial is scheduled to begin next month.

Following his arrest, the senator's aide sent a letter of resignation to his office, which was accepted by Rubio's staff.

Domestic violence charges are always difficult to deal with, due to the immense amount of emotion attached the alleged crime. In the heat of the moment, a decent person can do horrible things. This public servant has a constitutional guarantee to a trial by his peers, be subjected to only the facts of the case and receive a strong defense, even when considering the serious nature of the charges.

Source: Politico, "Rubio aide resigns after arrest," Scott Wong, Jan. 23, 2012

Florida college student hoping to be freed of murder charge

2012-01-27T01:18:10Z

A former student at Florida International University may avoid prison time as his defense attorneys ask a state judge to dismiss the murder charge against him.

The student is accused of killing a football player at the university by stabbing him with a pair of scissors. According to CBS News, though, the student's attorneys are arguing that their client acted in self-defense. They are citing the state's "Stand Your Ground" act put into place by former Florida governor Jeb Bush.

]]> According to the student's defense team, the deceased football player started the fight. The student was merely defending himself when he stabbed the player with a pair of scissors.

Not surprisingly, prosecutors have taken a different stance. According to CBS News, prosecutors say that the student committed murder, claiming that he "brought a knife to a fist fight." Prosecutors are arguing that the Florida judge should move forward with a trial.

The father of the deceased football player told CBS News that he, too, wants to see the trial move forward. He said that he and the rest of the player's family members would be disappointed to see the student go free without first standing trial.

The case has not moved quickly through the courts, something that is not unusual with high-profile murder cases. The stabbing originally took place two years ago.

The judge in the case has now given the defense team two weeks to present witness statements. After this time, the judge will decide whether the accused in this case will stand trial or be set free.

Source

CBS News: "Murder suspect in stabbing death of FIU football player could walk free without trial," Katie Wiggin, Jan. 24, 2012

Man pleads guilty to Florida DUI, but also sues over the accident

2012-01-23T17:33:11Z

It's a confusing concept to many. How can a man plead guilty to causing a drunk driving accident but then turn around to sue the supposed victim for injury? ABC News reports that it was a 2007 DUI accident in Florida that has led to this complicated legal turn of events.

This story highlights that a guilty plea may not always be what the public makes it out to be. It's not always a blatant admission of guilt; rather, it can be a way to hurry up the legal process and try to move on with one's life. Or, it can be a way to avoid a potentially harsher sentence.

]]> On Christmas Day in 2007, a fatal car accident occurred in Florida. A man was charged for the accident that ultimately killed three people. He wound up pleading guilty to DUI manslaughter, a move that he and his attorney claim was made to avoid a possible life sentence following a trial. The plea deal landed the defendant in prison for 12 years.

Despite being in the process of serving that sentence and that the public sees the man's guilty plea as a confession, the inmate is seeking justice himself. He is suing the estate of the other driver who was involved and died in the crash. He claims that the supposed victim was the one who caused the accident because he recklessly changed lanes.

The defendant-turned-plaintiff wants damages to help cover his medical bills and to compensate him for the personal and emotional losses he's suffered following the crash. The fate of this case will likely depend on whether a jury can wrap its brain around the various motivations behind plea deals.

Source

ABC News: "Florida Man Guilty of DUI Manslaughter Sues Victim," Edward Lovett, Jan. 18, 2012

Mistrial could be the pathway to justice in murder case

2012-01-20T15:42:23Z

The movie "12 Angry Men" considers and studies the jury system by observing the deliberations of a jury impatient to wrap up a murder case, even though a life hangs in the balance. Juror 8 holds out and reviews evidence until the other jurors are either convinced of the defendant's innocence or personal prejudice is revealed.

In a case where life is the opposite of art, a lone holdout for an acquittal was removed from a jury for supposed bias. The juror was found to be biased against the court, allegedly lying about their capacity to fairly weigh evidence.

]]> The defendant had been in a car when one of the passengers left and robbed a liquor store, killing the clerk in the process. The defendant was found guilty of murder after the controversial dismissal took place.

The defendant's attorney challenged the ultimate murder conviction of his client based on the juror dismissal being a violation of the defendant's constitutional rights. The defendant has a right to a fair trial by a jury of their peers. Reasonable doubt isn't all of the sudden useless just because only one juror sees it.

The United States Supreme Court has agreed to hear the case.

Although this murder did not occur in Florida, its implications are national. The jury process is extremely important to the justice system, and the court's decision in this case will guide the dismissal process in Florida trials and others in the country.

Source

Courthouse News Service: "Justices Take Up Tainted Murder Trial Lawsuit," Barbara Leonard, Jan. 16, 2012

DUI manslaughter defendant wants case moved within Florida

2012-01-16T19:51:06Z

In today's worldwide access to media, can alleged victims or special interest groups taint a local jury pool? Do certain accused defendants attract excessive negative pretrial publicity?

Consider accused DUI defendants. A drunk driving suspect can be held in jail after a mere accusation and well past any reasonable chance to still be under the influence. Yet, many groups offer public humiliation for the accused by way of press releases and internet chatter. The public seems to think that stopping drunk driving rationalizes trial by newspaper and innuendo.

]]> In a Florida DUI manslaughter case, the defendant allegedly left the scene of an accident in which a car flipped into a canal and the other driver drowned. Yes, this is an extreme case. But doesn't the accused still deserve a fair trial with an unbiased jury pool?

The DUI homicide defendant in this Florida case is a well-known, wealthy man in his community. This is making for an interesting spin in the defense's recent request that the trial be held in a new location. The wealthy are painted as criminals every day in the news, according to the defense, and that, along with supposedly biased media coverage about the high-profile accident, leads the defense to argue that a fair trial is only possible if held outside of the Palm Beach area.

Wealthy drunk drivers who leave the scenes of accidents where people are injured or dead do not gain sympathy with too many people. When they are accused and judged publicly before a trial, with excessive coverage of the story that consistently uses provocative language, fair trials are not likely, argues the defense.

Every criminal suspect deserves a fair trial, not just easily sympathetic people. If the trial jury is biased or otherwise prejudges the case, the guilty verdict could be challenged on appeal. That taxes the system and the time of every person involved with a criminal case.

Source

The Palm Beach Post: "Goodman attorneys seek to move DUI manslaughter trial," Daphne Duret, Jan. 11, 2012

What not to wear in court when charged with a drug crime

2012-01-12T21:25:06Z

There is a hit TV program called "What Not to Wear" that takes people from sloppy dressers to fashion savvy dressers. It sounds like there could be a new edition of the show devoted to helping defendants in criminal cases dress themselves in order to impress a judge, or at least not completely shock him.

This idea comes up because of a recent report that a Florida drug trafficking defendant appeared at his hearing wearing what most mothers would tell their child to take off before leaving the house. The defendant reportedly wore a sweatshirt with cartoons that show how to make crack cocaine.

]]> According to sources, the colorful sweatshirt had cartoon images of the manufacturing process of the illegal drug. When someone is in court because of his alleged involvement with illegal drugs, one would assume that wearing a sweatshirt depicting related illegal activity to court is an obvious fashion faux pas.

The young man's criminal defense attorney reminds critics that his client was simply exercising his right to freedom of speech. The judge apparently didn't comment on the controversial sweatshirt, and sources do not report on the details of the drug trafficking case or the particular hearing where the sweatshirt made its appearance.

Free speech and self-expression are extremely important rights that we can all exercise. But there are serious moments in our lives, like when we are charged with a crime, for example, when choosing our battles can be in the best interest of our futures. If you or someone you know has any doubt about how to best represent himself in court, an experienced criminal defense attorney can give you helpful advice.

Source

ABC News: "Florida Drug Suspect Wore Crack Jacket to His Court Hearing," Ashton Marra, Jan. 9, 2012

New laws are saving more homeowners from homicide charges

2012-01-07T21:13:38Z

Historically, homeowners have been somewhat limited to use deadly force to protect their property unless someone's personal safety was in jeopardy. However, controversial new laws that are emerging in several states across the country, including Florida, could affect the amount of force that a homeowner is allowed to use to protect his home.

Florida was one of the first states to enact a castle doctrine in 2005, a law that allows homeowners to use deadly force against intruders. Shortly thereafter, more than 30 states enacted similar provisions. One recent case involving an Oklahoma mother who shot and killed an intruder demonstrates the gravity of the new law. Under the old rules, this woman may have been found guilty of committing a homicide; however, she was cleared of all criminal charges under the new law.

]]> In another recent case, a Pennsylvania man was cleared of all charges after shooting his wife's boyfriend with a bow and arrow. According to reports, the boyfriend sent the husband a threatening email claiming that he was going to kill him. The boyfriend showed up at the husband's home in a drunken state and would not leave the property. After warning him several times, the husband retrieved a bow from his home and shot an arrow into the boyfriend's chest, killing him.

Several other states have passed laws that have expanded the castle doctrine to include porches connected to the home, business property and vehicles. While some opponents of the new laws believe that it will ultimately make society more dangerous, many state legislatures appear to be in favor of giving more power to homeowners when it comes to defending themselves and their property.

Source

The Christian Science Monitor: "Oklahoma mom kills home invader: Why the law was on her side," Patrik Jonsson, Jan. 5, 2012