Self Defense

Believe it or not, you can be prosecuted for defending yourself. Many cities in North Florida, including Jacksonville, have created nebulous municipal ordinances that outlaw “fighting.” These ordinances make it a criminal act to engage in any sort of physical combat, even if you were just defending yourself.

Section 776.012 of the Florida Statutes allows for the use of force to protect yourself from a credible threat. This defense is an absolute defense to any criminal charge, meaning that if it applies, you are not liable for any criminal wrongdoing. How, then, do cities get away with criminalizing conduct that is protected under the law of our State? The answer is simple, and all too common: money.

Law Enforcement is driven by money. Arrests usually result in bonds being set for release, which in turn gets money to bondsmen. Criminal charges, even ones of fighting, carry with them mandatory court costs and, on occasion, additional fines. Where do these court costs and fines go? Right back into the pockets of the criminal justice system. Many people go through this process without ever knowing that they have a legal defense to the charges against them, or don’t take the charges to trial because they are not represented by an experienced attorney.

Don’t fall victim to bogus ordinances. In my 29 years of criminal law experience, I have defended thousands of clients. If you are being accused of a crime that you believe you have a defense to, you will still need an experienced attorney to raise that defense in court. Call me at (904)350-9333 for a free consultation.

Injunctions

Sometimes people need a restraining order.

In Florida, a restraining order is commonly called an “injunction.” An injunction is simply a legal term for a court order that either forbids you from doing something or that forces you to do something. Sometimes these injunctions provide much needed protection from dangerous people, but sometimes they can be used as vindictive tools to further another person’s agenda.

For example, there have been times that I represented young women who were frightened because their ex-boyfriend or ex-husband would not leave them alone. And by this, I mean that their conduct rose to a level that normal people wouldn’t feel comfortable with, like hanging around the outside of her residence at night, uninvited, or sending threatening texts or emails.

When relationships deteriorate to this point, an injunction can be a useful way of putting needed space between two people. I have also represented people in the opposite situation. Sometimes people use injunctions to further their own agendas in divorce proceedings or custody battles. Sometimes people use injunctions for revenge. The point is that the injunction process can be abused. When that happens, you need an experienced attorney in the courtroom fighting for your interests.

Injunctions can be issued upon a showing of a credible threat to one’s person or property. All testimony in injunction hearings is under oath, meaning that a lie may result in being held in contempt of court or perjury charges. Most importantly, violating an injunction is a first degree misdemeanor that can be punished by up to a year in jail. There can be a lot at stake in these types of proceedings. Don’t face it alone. Call me at (904)350-9333 for a free consultation.

Regards,

Robert Shafer

Worthless Checks

For years, the State of Florida has placed itself in the position of a debt collector for private companies such as Wal Mart, Publix, and Winn-Dixie. Florida’s current worthless check law makes the passing of a worthless check a crime punishable with a jail sentence. This questionable legislative policy has cost the tax payers money and put prosecutors in the undesirable position of debt collectors.

If you make a business agreement with another person and you fail to live up to your end of the contract, you could be sued in civil court. This is true in every jurisdiction in the United States. If another person agrees to pay you for your services and then fails to pay, your remedy is to bring a civil suit against them. However, if you happen to be a large corporation with ties in the legislature, criminal charges can be filed against yo u.

Worthless checks are easy to prevent. In fact, most retail stores have technology in place that can instantly verify whether or not an account has sufficient funds to cover a check. Rather than invest in this sort of preventative security, corporations simply rely on your tax dollars to prosecute those who could easily be prevented from ever committing a crime in the first place.

The most disturbing part of worthless check prosecution is the fact that many overdrawn checks are written by accident. With today’s banking methods of automatic payments and withdrawals, it can be difficult for someone to know exactly what their checking account balance is at any one time. Some people simply don’t pay enough attention to balancing their checkbook, and while they should be responsible for the checks they write, it doesn’t mean that they should face criminal prosecution for miscalculating their bank account balance.

Worthless check prosecution in Florida needs to change. Legislators should recognize that there simply is no legitimate interest served in prosecuting misdemeanor worthless checks, and should leave such issues where they belong: civil courts. State Attorneys should refuse to be debt collectors for corporations who lobby for these types of laws. In the end, the only people who should be concerned about bad checks are those who wrote and received them. In my opinion, everyone else should just stay out of it.

If you are facing prosecution for a similar issue, give me a call at (904)350-9333 or visit my website at www.shafercriminallaw.com.

Regards,

Robert Shafer

Fines & Court Costs

The Florida Legislature has continued to raise the amount of fines and court costs over the years. This often results in an undue hardship on those who commit petty offenses, and is bordering on disproportionate punishment.

For example, the court costs for a first time DUI are just over $500.00. Coupled with a mandatory $500.00 court costs, your first DUI will costs you a minimum of $1000.00 that must be paid before your case can be completely disposed of. A first time petit theft carries with it a mandatory court costs of over $100.00, usually accompanied by a fine of some sort imposed by the judge. A domestic battery charge has a mandatory court cost of $592.00, and judges typically add additional fines onto that.

The Florida Legislature has continually raised court costs and fines in the previous years, hoping to generate income from the criminal justice system. In my opinion, these increases have more to do with helping balance an overspent budget than actually providing punishment to those accused of criminal law violations. This sort of legislative action is unconstitutional, and deviates from the stated purpose of Florida’s criminal laws.

Most people don’t have this sort of money just lying around. Here at Shafer & Associates, we understand that in these tough times, unexpected expenses such as a criminal case can be devastating. That is why we always focus on giving you the highest quality legal representation possible while minimizing the costs to our client. I run a streamlined law firm that focuses on results in the courtroom.

Your criminal case should be handled by legal experts who know how to minimize your exposure to unwanted fines and fees. Call us at (904)350-9333 or visit our website at www.shafercriminallaw.com for more information.

Regards,

Robert Shafer

Possession

At my firm, we represent many cases that involve the possession of something that is illegal. Possession is more than simply having a thing. The law says that possession is having a thing and knowing that you have that thing. Without this knowledge, the elements of the crime are incomplete, and the State cannot prove their case.

If you are arrested for possession of any sort of illegal object, the easiest way for you to be found guilty of the crime of possession is if you admit to knowing you had the object in your possession. Without your admission, the charge becomes much, much harder to prove. Exercising your constitutional right to remain silent can save you a lot of grief further down the road.

However, most people think that by cooperating with law enforcement and talking to them, they will somehow garner favor with the police and be let go. In my experience, this rarely happens, if at all. The police have one job: to arrest people. They want you to make that job as easy as possible for them, but you are under no obligation to do so.

If you have been arrested for possession of a controlled substance or a firearm, you need experienced legal representation. Call us at (904) 350-9333 or visit my website at www.shafercriminallaw.com for a free consultation.

~Robert Shafer

Hung Juries

Most people know that a jury trial typically results in one of two ways: guilty or not guilty. When the State assumes the burden of proving a case beyond a reasonable doubt, they must do so for every single person on a jury. When one person is unconvinced of the guilt of a defendant, the result is not an acquittal – it is known as a hung jury. What happens when the State has failed to meet their burden of proving a person’s guilt beyond a reasonable doubt? It’s called a mistrial. It means that the State gets another shot at prosecuting you. Why does the State get multiple opportunities to take you to trial? Why doesn’t this practice violate the Double Jeopardy rule? Does the State just get to keep bringing me back to trial again and again? These are questions that Criminal Defense Attorneys often struggle with. If your trial resulted in a mistrial, the State of Florida is permitted to try you again, even though you have already been brought to trial once. Florida law makes a clear distinction between a hung jury (a jury unable to reach a unanimous conclusion) and an acquittal (a jury has unanimously decided to find the defendant not guilty). The result of a hung jury is, in effect, as if the original trial never took place, and so another one must be conducted. The result of an acquittal is that you can never be tried again for that charge. Even though this is a common enough occurrence, it still causes Defendants to question the fairness of system that seems to give the State limitless chances to meet their burden. After the emotionally draining process of a full-blown jury trial, they find they must go through the entire process again, simply because the State failed to do their job the first time around. The most frightening part is that the State could potentially proceed to trial against a person countless times, and as long as there is one person on the jury who is not willing to find a defendant not guilty, the process will be repeated over and over again. If you are facing the prospect of criminal prosecution, don’t face it alone. You need experienced, qualified legal representation. Call my office at (904)350-9333 or visit our website at www.shafercriminallaw.com to set up a free consultation.

Regards,

Robert Shafer

Probation Violations

Florida law allows for judges to sentence criminal defendants to probation in most cases. Sometimes, people either fail to meet the requirements of probation or get a new charge while on probation. In other words, sometimes people screw up and violate probation. When that happens, there can be very serious consequences.

Probation violations can be particularly infuriating to a judge. Often times, a judge will feel that he or she is “taking a chance” on a person by sentencing that person to probation instead of jail or prison. When that same person then appears in court because a probation officer claims that person has violated probation, a judge can often take the matter personally and issue harsh punishment.

If you violate probation, you can be sentenced to the maximum amount of prison time allowed for the offense for which you were on probation. Judges have a lot of discretion on probation violations. In addition, if your violation is because a of a new crime, a judge can find that you violated your probation by committing that crime before you are even convicted of the new crime. A judge is the sole finder of fact in probation violation proceedings.

If you were not satisfied with the attorney who originally handled your case, that attorney does not have to represent you for a probation violation. Also, just because you did not have your own attorney during the initial case that you were placed on probation for does not mean you cannot have your own attorney at a probation violation hearing. At my firm, we handle many probation violations. Many times, court appointed attorneys and less experienced attorneys do not take the time to explain to the judge the reasons behind a probation violation, or bring in witnesses to testify at violation hearings. We do. This extra effort is key to making sure a violation of probation has as little impact as possible.

If you have been placed on probation, don’t blow it! However, if you find yourself facing a violation of probation, call us at (904) 350-9333 or visit our website at www.shafercriminallaw.com

Probation is a very serious responsibility with dire consequences. Do not face those consequences, or the judge, alone.

Regards,

Robert Shafer

A testimonial from one of our clients

One of my clients gave me this statement a short time ago and, with his permission, I felt it would make an excellent blog.

“Being arrested is a very traumatic experience.  During what I would call the scariest time in my adult life I was able to rest assured that I had a helping hand.  I was stopped by JSO (Jacksonville Sheriff’s Office) in May of ‘09.  I had a little over four pounds of marijuana in my possession.  I was arrested for possession of more than twenty grams of cannabis, a felony.  A native of Jacksonville, Florida, I know many people who, for one reason or another, have needed legal assistance.  Through my many conversations with these people, I continued to hear the name ‘Robert Shafer.’

“Knowing I needed more than a Public Defender, I talked to many lawyers from the area.  Shafer & Associates were neither the most expensive or the cheapest but in my opinion they were the best.  Upon meeting the great staff at Robert Shafer & Associates I knew I was in the right place. 

“From the amazing ladies who greet you at the door to Mr. Shafer himself, everyone is genuinely concerned.  My experience started with Mr. Simmons who first met with me to Mr. Davis & Mr. Shafer who stood by me at my many court appearances.  Their guidance is what kept me from having to complete a long prison sentence.  I was able to provide them with many character letters and references to show that I was a good member of the community.  We were able to prove to the Judge (against the wishes of the State Attorney) that probation would be a fitting punishment for the crime of possession of more than twenty grams of cannabis.  Even better, they were able to stop me from becoming a convicted felon so that I could continue to work at my job, which has kept me on the path to success in the future.  Thank you.”

Regards,

Robert Shafer

Your Florida Driver’s License

Driving an automobile is a necessity for many people. Gone are the days when one could easily walk or get a cab to their work or school – especially in Jacksonville, Florida. We live in one of the most spread-out communities in the nation, and a result of this sprawling layout is that people need to drive. However, this need is often confronted with the strict regulation of your driver’s license by Florida’s Department of Highway Safety and Motor Vehicles, commonly called the DHSMV.

The DHSMV controls the roads. This agency is responsible for designing and building roads, maintaining them, determining who can drive what on them, and policing them with Florida’s Highway Patrol. The DHSMV is one of the most powerful administrative agencies in the State, with a massive budget and nearly unchecked authority. In my experience, the DHSMV tends to take their role as “King of the Road” very seriously. Though created with the best of intentions, this system can often create some very complex and frustrating barriers to those who are trying to get their driver’s license reinstated.

Your driver’s license can be suspended for a multitude of reasons. Every time you are cited for a moving violation such as speeding or running a red light, the DHSMV can assess points to your license. If you incur twelve or more points within a twelve month period. Your license will be suspended. If you fail to pay court-ordered child support, you license can be suspended. If you are convicted of any crime involving drugs, your license can be suspended. The list goes on and on, from not having the proper automobile insurance to failing to pay simple tickets. The worst part is this: If you are caught driving on a suspended license, you will more than likely be arrested and taken to jail. At this point, people usually pick up the phone and call a lawyer.

Why wait until you are arrested? At my law firm, we address driver’s license issues everyday. Often times people assume that because their license is suspended, they simply have to wait on the suspension to be up before they can drive again. However, many times we can have your old tickets or convictions set aside, or at the very least, prevent new points from going on your license. Sometimes, we can even ensure that your unpaid traffic tickets do not effect your current ability to drive. Dealing with the DHSMV can be a tiring task, so let us do it for you. There is no need to spend money on cabs or walk everywhere you go – if there is a way to make your license valid, we will find it.

If you are dealing with a driver’s license suspension, call us at (904)350-9333 or visit our website at www.shafercriminallaw.com

Regards,

Robert Shafer

Forfeitures

I’ve heard the story more times than I can count: I was pulled over for something trivial. Next thing I knew police were searching my vehicle and asking my why I had so much money in my purse, or so much cash in my pants pocket, or in my deposit bag. They took my money and told me it was being seized – what do I do now?

It sounds like something from a television show about corrupt police, but the simple fact is that Florida law allows law enforcement officers to seize money if they believe that it has been or is about to be used in a crime. Sounds strange, doesn’t it? The police can actually take your money if they think you are about to commit a crime that hasn’t even happened yet.

You are not without recourse. The law also provides tools for you to fight a forfeiture of your money or possessions. When an officer takes your property, they must justify that action before a judge within a certain time frame. If the judge finds the taking was unjustified, you get your property back. If the judge does find that it was justified, you still have the right to have the matter decided by a jury of your peers.

There are a multitude of ways to attack the legality of a forfeiture. I have spent many years focusing on this area of the law, and have handled countless cases where a judge or jury found the actions of law enforcement to be unwarranted. Many people feel powerless when law enforcement infringes on their rights. Even though you may have been mistreated, you don’t have to lose what is rightfully yours.

If you are the victim of a civil forfeiture, please call us at (904)350-9333 or visit our website at www.shafercriminallaw.com Use our expertise to fight for your rights.

Regards,

Robert Shafer, Esq.