Jacksonville Defense Law

New Marin County Law Firm Website

noreply@blogger.com (Administrator) — Fri, 11 May 2012 19:16:00 +0000

Today a new client launched a new website dedicated to criminal defense in Marin County California. As a former Marin County Prosecutor the attorney brings a unique perspective to defending clients accused of crimes in the area.

The Law Firm offers aggressive criminal defense guidance to clients facing criminal charges in Marin County, including residents of Bolinas, Corte Madera, Fairfax, Greenbrae, Inverness, Kentfield, Lagunitas, Larkspur, Mill Valley, Nicasio, Novato, Olema, Point Reyes Station, Ross, San Anselmo, San Rafael and Sausalito, as well as out of town visitors to the area.

Tolearn more about the practcie visit the Marin Criminal Defense website here: www.criminaldefensemarin.com

Are You a Victim of Assault? Crime Victims have Civil remedies

noreply@blogger.com (Administrator) — Thu, 03 May 2012 01:05:00 +0000

You may need to contact a personal injury lawyer if you have been the victim of an assault. Not only should the cops be called if you have been assaulted, but you should also contact a lawyer if you have had injuries. Whether it is to compensate you for medical bills incurred or simply for damages that someone might have caused you having a lawyer on your side will protect you against being a victim not only from assault but in other areas. Many people are hesitant to hire a lawyer when they think that they have a problem, but the best thing that you can do is contact a lawyer early on in the process to help advise you of your rights as a citizen. The cops might advise you as to your legal rights, but they are not going to advise you as your rights to compensation. If you are assaulted then you may be able to collect money from the perpetrator.

2 Good Reasons Why it is Always Best to Speak to a Criminal Lawyer First

noreply@blogger.com (Administrator) — Sat, 28 Apr 2012 14:01:00 +0000

1. You might watch a lot of CSI and Law and Order but most people are not familiar with the law. to the average person their knowledge of the law is more than likely limited to what they have see on television or read in a John Grisham book When they do get involved with the criminal legal system they do not know what to do, or how to handle the situation. Because of this, the need for information and assistance from a experienced criminal lawyer is crucial for those who are about to become involved with the criminal law system.

2. The criminal law system can become a very intimidating and confusing process for anyone. Particularly for individuals that who has never been arrested or investidted before by law enforcement. The fear and confusion makes most civic minded peopale wnant to comply and coorperate with law enforecement requests. DO not provide information or cooperation with law enforcment util you have spoken to a lawyer. Depite the urge to try and clear your name, there is NO presumtion of guilt by asmkig for a lawyer and the legal system cannot ever hold it against you. IT IS YOUR RIGHT. Being prepared for the circumstances that may arise from an investigation is a necessity for everyone and hvaing an experinced lawyer will hep you be prepared.

There are attorneys for any type of conceivable legal situation. In most cases, a lawyer will represent you or try to gte the carges dismissed or fight in a court to prove you are not guilty of the charges. If you lose, you stand to face time in jail and potentially a substantial amount of money. If you are facing criminal charges, or if you are investigation by law enforcement your legal situation is very serious. In are charged with a white collar crime you can lose your freedom and /or loss of a professional license and your ability to earn a living in the future..

If you need the services of a criminal lawyer, you must make sure you find the right one for you. There are many advantages to this. First off, an experienced lawyer will more than likely command more respect from the prosecutors office and judge. A lawyer who has been involved with many trials may also be best at giving you advice on whether to go to trial or take a plea bargain. He or she will also be better at investigating your case, pre-trial motion work and obtaining an overall positive result for you. Make sure you find someone that will fight aggressively on your behalf. You cannot afford to lose your freedom just because you hired the wrong lawyer.

Criminal attorney in Tampa on perjury in the courtroom

noreply@blogger.com (Administrator) — Sat, 14 Apr 2012 10:38:00 +0000

The following is a Guest Post from Tampa Criminal Lawyer William Hanlon

Learn more about William Hanlon by visiting his website www.tampadefenseattorney.com

Witnesses give false testimony in court rooms more often than most people realize. However, it’s particularly tragic when the police do it. A new ruling from Florida's 4th DCA warns that more and more some lower court judges in Florida accept some questionable testimony from the police.
Ruiz v. State is a drug possession case in which the police had one version of the investigation and the defendant had a strikingly different version of the events. We quote a large portion of the 4th DCA’s opinion in order that the reader can hear the tone of the appeals court; it speaks volumes to the ruling:

“The detectives drove their unmarked car into the parking lot of the complex. They got out of their car and ‘nonchalantly’ or ‘casually’ approached Ruiz. One detective ‘calmly’ asked Ruiz his name and he ‘calmly’ replied that it was ‘Freddie’ and that ‘he had his identification in his apartment, if [the officer] would like to see it.’ One detective said that he wanted to see it and Ruiz led the two law enforcement agents up to his apartment. Ruiz went inside and ‘motioned’ or ‘nodded’ at the detectives to enter, so they went inside. Ruiz walked through the living room into the bedroom; one detective followed and waited at the entrance to the bedroom. From this vantage point, the detective saw a scale and silver spoon with cocaine residue in the scoop part of the spoon. The detective asked Ruiz if the substance was cocaine, and Ruiz admitted it was. The detectives then ‘detained’ Ruiz and read him his Miranda rights. Ruiz was most cooperative—he told them that additional cocaine was located in a Barbasol shaving cream can and ‘weed’ was inside his dresser drawer.

It’s fairly easy to hear the disbelief in the opinion of the court. Why, the court rightly wonders, would the defendant act in such an unbelievable manner? What’s his motivation to help the police collect evidence to convict him? In the ruling, the court states that the trial judge found the police testimony ‘credible’ and the defendant’s testimony ‘not credible’.

Criminal attorney in Tampa: how the police sidestep the 4th amendment

The court does defer to the trial court judge’s advantage over the appeals court for evaluating the quality of the evidence; however, the appeals court does note that the lower courts in Florida have increasingly accepted testimony from the police which historically would never have seen the light of day:

Over time, the concept of ‘consent’ to a search has become divorced from its common meaning. In the Fourth Amendment context, ‘consent’ has come to mean that set of circumstances that the law will tolerate as an exception to the probable cause or warrant requirement. What passes for ‘consent’ today would not have survived a motion to suppress 25 years ago.

An arrest in Tampa which this ruling may affect

How drug arrest affects charges like domestic violence charges?

This ruling could affect almost anyone arrested and charged with a crime in Tampa: from a drug charge to a domestic violence charge. Any crime in which the police must conduct a search of a suspect’s home or an individual’s person could be predicated on false information by the police.

A sex offense charge could be based on false testimony

Search and seizures affect a variety of criminal offenses. For instance, the police could be called to a home by an anonymous informant on a domestic violence dispute. In the course of their investigation, they may find evidence of some other crime(s) in a defendants household. It could be possession of drugs or a sex offense. Sex offense suspects are particularly vulnerable to over zealous police investigations.

What if none of the information which the police used to conduct the search turned out to be true? How would a person defend himself or herself against such an illegal search? At that point it’s your word against the police. As this case shows, without proper legal representation, that’s a battle which an ordinary citizen will lose.

Have you been the subject of a police investigation in which a search was necessary of your home, your property, or your person? Did the police request your consent to conduct the search? These are just some of the questions an experienced criminal attorney in Tampa should ask in the course of his investigation and defense against any criminal charges pending against you. Contact our office if you have a criminal case in Tampa, St.Pete, or Manatee County 813 228-7095. We have the experience and the knowledge to help protect you from an illegal arrest.

Sex Crime Defense in Tampa

noreply@blogger.com (Administrator) — Thu, 29 Mar 2012 19:43:00 +0000

Falsely Accused of a Sex Crime- A Life Changing Experience
The other day I heard a very iteresing story about from old friend of mine that had been on one of my old high school athletic teams. I am not going to mention any specific sport in order to protect anyone or create any type of accussations of finger pointing. As with all sports teams we had a coach that some peolple liked and others did not. This one coach in particular was well respected but I think most people thought he was a bit odd. Not in a good or bad way, but just odd.

Well it turns out one day well after I graduated from high school I saw hs name blaseted all over the television news and newspapers. He was accused of sexually abusing one of players on an away tournament when the team was staying overnight out of town. People tend to be quick to judge Sexual Molestation charges and this case was no different. Combine this with the fact that msot people thoght ths coach was a bit odd and the public quickly decided he was a "Child Molester" hook line and sinker, no reason to discuss it any further.

False Allegations
But imagine if it was a false accusation, image there was no basis and all if this happend to me i think i would immedialtey call my friend Will Hanlon, Will is a Tampa Sex Crime Attorney and handles sex crime defense throughout the state of Florida.

In this case it actually turned ut to be a false accusation but the caoch suffered for years after the non-incident. These situations happen all the too often. In this case the coach had been having an affair with the players mother and she put him up to it after the coach refused to leave his wife for her. of cosurese no one in teh media went too far to make sure his name was cleared, a back page mention at best.

This type of thing probably happens all to often. When it does and you are the victim of a fase allegation it is best to speak with an experienced criminal defense lawyer right away to minimize the damage and defend your freedom and reputation.

Friend launches a new DUI website in Arizona

noreply@blogger.com (Administrator) — Mon, 03 Oct 2011 19:08:00 +0000

After neraly 8 years of helping attorneys and other professionals build a stronger pressence online, I have begun to develop relationships and new friends throughout the nation.

One such friend is Craig Rosenstein from Scottsdale AZ. Congratulations on his new website dedicated to Phoenix and Scottsdale DUI Defense. He has trememdous experience representing those accused of DUI and DWI in teh state of Arizona, snd as always he offers a free consulation. I certailnly hope you never need his services but if you find your self in a tough situation call him at your first opportunity.

I have family living in Arizona and vist the state about twice a year. Fortunatley I have never had an issue while visiting but I can tell you the penalties for a dui conviction are extreme.

Florida Divorce and Domestic Violence

noreply@blogger.com (Administrator) — Sat, 17 Sep 2011 14:51:00 +0000

The are are times when you may need more than one attorney during your divorce

Finding the right Florida divorce lawyer ia always difficult.This situation may becoem even worse if their is domestic violence. The break up of a mariage can cause trememedous emotional and physical outbreaks. At times an estranged spouse may become angry and violent. This s uancceptable and you may require both a family law attorney and a criminal attorney to help you through the process.

The right Jacksonville Florida Divorce lawyer and/or North Florida criminal attorney can advise you on the legal protections you need during an extremely emotional time. They will also fight for your rights and ensure that you are given a settlement that you deserve. This is an important step in the life changing process divorce can cause. That is why you must seek out the best attorney that will ensure that the process is a smooth one. Do not hire an attorney that will simply show up at hearings unprepared and unwilling to help. Make the transition from married life to single life a smooth one by hiring a lawyer that will make the process easy. The road is a difficult one; make it easier by ensuring you get exactly what you need by hiring a lawyer that will make it happen.

DUI Accident Victim Awarded $15.4 Million Verdict in Florida

noreply@blogger.com (Administrator) — Tue, 30 Aug 2011 20:56:00 +0000

Significant FLORIDA DUI Accident Award

As a follow up to my last post about drunk driving and personal injury, here is a perfect example of the heavy civil implcations of drunk drivning. A personal injury firm from South Florida, Leesfiled & Partners, P.A. recently won a significant case for a brain damaged victim of a drunk driving accident.

Read more about the case below.

Dwight Grant was a 22 year old handyman living and working in Ft. Lauderdale, Florida. According to the Florida Supreme Court Case 'Dwight Grant v. Matthew Lyons', Mr. Grant was a back seat passenger in a car stopped for a raised drawbridge when it was rear-ended by Matthew Lyons at a high rate of speed. Attorneys Thomas Scolaro and Carol Finklehoffe of Leesfield & Partners filed a lawsuit against Mr. Lyons because he was driving under the influence of alcohol at the time of the crash. Investigation revealed that Lyons blood alcohol level was .21. The legal limit in Florida is .08. As a result of the car accident, Dwight Grant sustained skull fractures, frontal lobe brain damage and facial fractures. He had corrective surgery to repair the fractures and was discharged after two weeks in intensive care. Following his release from the hospital, Mr. Grant developed a seizure disorder that is not controlled by medication. He is unable to resume work due to his uncontrolled seizures.

See the entire press release about the award.

Civil Implications of Drunk Driving

noreply@blogger.com (Administrator) — Thu, 23 Jun 2011 03:10:00 +0000

While DUI is a crime there are many instances where the criminal penalty may not be the only penalty for a drunk drivers actions. Under the criminal law an individual will face varying levels of criminal penalties depending on various factors in their particular crime. Was it a first offense, 2nd , 3rd, was there an injury involved?

If someone was injured a personal injury attorney may represent a victim of a drunk driving accident, seeking monetary damages for the victims medical bills, lost wages and pain & suffering from an accicent caused by the drunk driver. When a victim is killed in a drunk driving accident the family may bring a wrongful death claim against the drunk driver.

This is another instance where civil and criminal law come in close contact with each other.

When Criminal Law Brushes Up Against Personal Injury Law

noreply@blogger.com (Administrator) — Tue, 31 May 2011 16:17:00 +0000

A growing trend in the law over the last several years has been when crime victims seek additional justice in a civil courtroom through a lawsuit filed for financial damages. We have all seen the "High Profile" civil lawsuits that can often include celebrities. The "Wrongful Death" lawsuit won by the victims families in the OJ Simpson case is one example most people are familiar with. As is evidenced by that case, it is not always required that a person is convicted in a criminal case in order to reach civil lawusit victory.

Most of the civil justice cases the general pubilc has never heard of include wrongful death claims in what is known as Indequate or Negligent security cases. These are often the type of cases that come about from an underlying crime.

There are times when a crime victim may find it neccesary to bring a civil lawsuit particularly whenn the crime has left them with permamnent injurrees and they need long term medical care. This can include physical therapy, in hoem nursing care and possibly a lifetime of revovery

The New Facts of Warfare and the Law

noreply@blogger.com (Administrator) — Thu, 05 May 2011 19:39:00 +0000

Advances in technology such as the use of drones and the lack of nation-states as combatants have not only changed the face of modern warfare but also the legalities of war, says Oren Gross, the director of the Institute for International Legal & Security Studies at the University of Minnesota Law School.

Groups such as Hamas, Hezbollah and now even the forces of Libyan leader Moammar Gadhafi have deliberately blurred the lines between civilian and combatant to even the odds in the fight with more powerful and sophisticated militaries.
"In the past, clearly wars were army to army," said Gross, recognized as an expert in national security law and international law. "But now it's hard to tell who is an insurgent and who is not, both because detection is hard, and because they know that if you try and hit them, the PR cost is going to be huge."
Beyond the moral issue of what Gross calls the "PlayStation mentality," the technological advances in using devices such as drones provide a benefit.
"You can hover overhead, see what they are doing, and target them when they are isolated from the civilian population. It does increase the accuracy and limit collateral damages." said Gross, who is preparing an article called "The Years of the Drone."
But their use raises new legal questions. Can the United States, for instance, justify increased drone attacks in Pakistan as self-defense against insurgents or as an extension of the response to the 9/11 attacks? Can drones be used to attack buildings in which leaders such as Gadhafi happen to be?

Source: Miineapolis Star Tribune - read full article here.

Discharge Upgrades

noreply@blogger.com (Administrator) — Tue, 19 Apr 2011 16:21:00 +0000

Similar to having a criminal record your discharge status from the militaty can have a dramatic impact on your ability to be hired and earn a living in your future. If you have a less than honorable discharge on your record you may need to speak to qualified Military discharge upgrade attorney. if you are facing administrative separation you may also need a skilled military lawyer to help you get the best posssible outcome form your discharge.

Private employers place a certain amount of weight on your discharge record but you can also expect some flexibility by private comonies or small businesses. Pubic sector jobs will be very strict about your chances of employment with a less than honorable discharge. Government entities like a sherrifs office or a school system may not even grant you an interview.

If you face this situation it is important to speak with an experienced military lawyer to deal with your situation.

Criminal Charges in the Military

noreply@blogger.com (Administrator) — Sat, 02 Apr 2011 00:01:00 +0000

If you are charged with a crime and you are in the United States military you may face prosecution under 2 bodies of law. A civilian law enforcement agenncy can arrest you and a goverenment prosecutor can charge you under the criminal laws of your state or with a federal criminal offense. You may then faceadditional administartive punishment form the military.

You can also be charged under the Uniform Code of Military Justice. Many of the offenses under the UCMJ simply do not exist in civilian criminal law. For instance, in the military adultery is a crime. This is far diferent than life in the civilian world.

Other military charges not usually found in civilian life include;

One of the important things is to speak with and experienced civilian military lawyer if you face either local of military charges.

You will likely find one at the website below.

Major RED LIGHT REFUND in Palm Coast.

noreply@blogger.com (Administrator) — Sat, 02 Oct 2010 14:52:00 +0000

This is a topic near and dear to my heart as a Palm Coast Resident. It turns out the city issued and collected over $1.5 million in traffic fines from red light cameras prior to it being legal to do so in the state of Florida. A West Palm Beach Law Firm won a successful suit aginst the city of Orlando in a similar suit. Apparently Orlando and Palm Coast were using a system to catch drivers running red lights. The system is legal today but was not legal prior to July 1, 2010. Get more information form the DB NEWS JOURNAL. http://www.news-journalonline.com/news/local/flagler/2010/10/02/palm-coast-may-return-red-light-camera-fines.html

I have ver mixed feelings on this. It is pretty clear the red lights cameras were illegal but Palm Coast does not need anymore financial loss in this economy. What a shame there was no due diligence before the decision was made to move forward with the system.

California Cracks down on Non Medical Marijuana Growers

noreply@blogger.com (Administrator) — Sat, 02 Oct 2010 14:33:00 +0000

Not that it wasn't happening before the reccession but chances are the economy fueled the growth of marijuana growing in california. For years California has had a medical marijuana program where users could otain a "prescription" for their theraputic and medicainla pot smoking. For some grwoewers this Legal version of marijuaba was just not enough. The State has had enough and is cracking down on these cultivatiors. Learn more here http://www.wesh.com/video/25251216/detail.html

DUI = Murder?

noreply@blogger.com (Administrator) — Wed, 29 Sep 2010 18:46:00 +0000

More and more cases othat in the past may be charged as DUI manslaughter are becoming serious offenses like Murder and Vehicular Homicide.

It may be an indication that prosecutors and the general public are simply fed up.

Laws vary from state to state, but there appears to be a trend among prosecutors to charge drunken drivers with murder if they have more than one previous DUI conviction and kill multiple people, said Laura Dean-Mooney, national president of Mothers Against Drunk Driving.
In New York, a man was convicted of murder in a DUI collision that decapitated a 7-year-old flower girl on her way home in a limo from a wedding. In Missouri, a man with three prior DUI convictions was found guilty of second-degree murder for killing a 19-year-old in a drunken driving crash
And in Alaska, prosecutors are seeking a retrial on a murder charge for a man accused of driving drunk and killing a man on his way home from a fishing trip. The first trial resulted in a hung jury.
MADD, which tracks the issue, doesn't keep statistics on the number of murder convictions for DUI-related deaths. The patchwork of local jurisdictions and differences in state laws make such numbers hard to compile.

read more here: Murder charges increasing in fatal DUI cases

Where do you turn for defense when you are in the military?

noreply@blogger.com (Administrator) — Fri, 24 Sep 2010 23:44:00 +0000

Where do you turn when you or a loved one is charged under the Uniform Code of Military Justice? If you are in the Jacksonville area there are several qualified attorneys you can reach including James Hernandez http://www.jamesahernandez.com/ and the attorneys at Hardesty, Tyde, Green and Ashton.

If you are not in the North Florida area try finding Military Attorneys at Miltary Attorneys Online. You can find lawyers at represent military personnel for charges under the UCMJ including courts martial for Desertion, AWOL, Sex crimes and any other offenses charged by the military.

Arnold Law Firm Launches their new blog

noreply@blogger.com (Administrator) — Fri, 24 Sep 2010 23:24:00 +0000

The Arnold Law Firm LLC launched a new blog recently dedicated to the practice of criminal defense in North Florida the blog located at http://www.criminalattorneyjacksonvilleflorida.com/also offers commentary on bankruptcy and civil law topics but is primarity focused on state and federal criminal defense.

Jacksonville Defense Lawyer Websites Worth Visiting!

noreply@blogger.com (Administrator) — Wed, 30 Jun 2010 19:11:00 +0000

There are many very talented criminal defense attorneys in and around Jacksonville Florida. I have worked with many of them over the years to help them promote there practice online. I make no endoresments as to quality of their legal work because I have been very formtunate in that I have never had to hire one of them for personal reasons however if a friend or family member ever needed a criminal defense attorney, I wold not hesitate to send them to any of the following lawyers.

Criminal Defense Attorney Mitchell Stone.
Florida Criminal Lawyer Mark Rosenblum

State and Federal Criminal Lawyer Charles Truncale.

Criminal Defense Legal Blog for Jacksonville and North Floirda

noreply@blogger.com (Administrator) — Mon, 28 Jun 2010 14:10:00 +0000

Jacksonville Florida is a wonderful place to live and visit. Many visitors and citizens can find themselves in legal trouble with local law enforcement including the JSO and other state, local and federal authorities.

If you or a loved one finds themseleves under investigation or charged with a crime it is important to speak to an experienced jacksonville criminal defense lawyer to learn you legal options.