Victory in DUI trial

Trials are a very important part of representation.  Whether you are facing a misdemeanor DUI or felony drug, weapon, or white collar charges, having the right trial lawyer by your side can be the difference between jail or freedom.

We recently went to trial in a case where our client was charged with Driving Under the Influence.  Without violating the attorney-client privilege, I will only say that at first glance, the charges against my client were serious and there was a lot of evidence against him.  We spent weeks in preparation and sifted through the testimony of every witness, expert, and officer.  The trial lasted nearly seven hours, and after two and a half hours of deliberation, the jury returned a verdict of not guilty on all counts.  My client was not even found guilty of speeding, the reason he was pulled over in the first place.

I say that to only say that when you are charged with a crime, the government will throw everything they have at you.  Even though Florida’s budget is stressed more now than at any point in history, our State Attorney continues to feel the need to exhaust Florida’s resources by taking as many cases to trial as possible. Being a former prosecutor, I know that each trial costs the taxpayers an exorbitant amount of money.  Paying for jurors to be brought in, expert witnesses for the State, courtroom personnel, after-hours staff, even keeping the lights and air conditioning on when jury deliberations go well into the night: all of these things cost you. Greatly.  At my firm, we often try to resolve cases without a trial, in the hope that we can convince a prosecutor to drop charges or a judge to throw out the case.  However, there are times that prosecutors feel the need to make a statement and try even the most frivolous of cases, despite strained budgets.

That’s fine for us, we’ll be ready.  If you are facing a trial in a criminal case, you need an experienced criminal trial attorney at your side.  At my firm, we only do criminal defense.  Visit my website at www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.

Regards,

Robert Shafer

Preferential Treatment of Law Enforcement in the Criminal Justice System

Today a Jacksonville Sheriff’s Officer who killed a civilian in the line of duty pled no contest to that crime. He did so as part of a plea bargain with the State Attorney’s Office. Officer Marcus Kilpatrick was chasing a person he allegedly suspected of having dark window tint at a high rate of speed without his lights or sirens on when he struck and killed an 86-year-old man. He initially lied and said that his lights and sirens were activated, even though civilian witnesses later proved that he didn’t.

Was he charged with vehicular homicide?

Was he charged with obstructing justice or making a false police report?

Was he sentenced to jail?

Was he required to pay restitution?

The answer to all of these questions is NO. He was charged with misdemeanor culpable negligence, and placed on probation. He was allowed to plea no contest, meaning that he neither disputed nor admitted the allegations. He was ordered to perform 100 hours of community service. And that’s it.

The outcome to this case saddened many, but surprised few. Many long-time residents of Jacksonville have noticed a very disturbing trend: Those who work for the Jacksonville Sheriff’s Office are no longer held accountable for their actions. Police shootings over the past few years have risen dramatically, with constant news coverage and nationwide attention. Does anyone ever recall a time when an officer was found to be at fault in any of these shootings? I don’t. The Jacksonville Sheriff claims to be policing his own with boards made up of other officers, but if there is any sort of disciplinary action, it rarely makes it to the public.

Some believe that law enforcement officers should be held to the same standard as every one else. I disagree. They should be held to a higher standard. I believe that because they wield so much power, they should bear the additional risk of harsher penalties should they abuse that power in any way. Regardless of how you feel about Officer Kilpatrick’s case, one cannot claim that he did not, at the very least, act irresponsibly. Were you or I to act in such a manner, I guarantee you we would be facing years in prison and a felony conviction. He does not. Why?

If you need representation on a criminal matter, visit my website at www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.

Regards,

Robert Shafer

Miranda rights & DUIs

In 1966 the United States Supreme Court decided the landmark case of Miranda v. Arizona and instituted what are commonly called miranda rights. Miranda rights have become famous through their frequent and required use in everyday law enforcement, and are often used in TV shows that portray criminal arrests. The notion is simple: if you are not free to leave an officer’s presence, you are in custody. If you are in custody, you must be told that you do not have to say anything that might be used against you. It seems simple enough, yet a loophole Florida law strips this principle of its power during DUI investigations.

Florida’s Third District Court of Appeal has decided that miranda warnings are not necessary when a citizen is pulled over and subjected to a DUI investigation. How can this be? Is the driver free to walk or drive away from the officer? Absolutely not. The judges in the Third District have diminished the power of Miranda v. Arizona by holding that it does not apply to “routine traffic stops.” State v. Alvarez, 776 So. 2d 1060 (Fla. 3d DCA 2001). This holding is both dangerous and violates your Fifth Amendment right to remain silent.

I have represented many clients who have been effected by this decision. When drivers are pulled over at a late hour, they are often immediately asked if they have been drinking. They are not free to leave and are being asked incriminating questions. This is the very scenario which Miranda v. Arizona is meant to apply to. Yet in Florida, an officer is not required to tell a DUI suspect that they have a right to remain silent and that they do not have to answer their questions.

Remember, if you are pulled over, you have a right to remain silent. You do not have to answer any questions. If you have been arrested, call us at (904)350-9333 for a free consultation.

Driving Under the Influence

Happy hour. Two for one specials. Ladies’ night. Drink specials. Having a social life in a spread out city like Jacksonville, one can find ones self in the situation of drinking one too many and then trying to get home in a city with few cabs and no public transportation to speak of. Welcome to Jacksonville, and if you think the Jacksonville Sheriffs Office isn’t lying in wait for you to go 3 miles per hour over the speed limit or swerve slightly within your lane, think again.

In fact, the Jacksonville Sheriff’s Office has an entire task force of patrol officers who focus on Driving Under the Influence. They are responsible for the majority of DUI arrests in Duval County. The Clay and Nassau County Sheriff’s Offices have similar task forces. These officers are typically trained and determined to spot even the slightest hint of “impaired” driving, so that they can effectuate a traffic stop.

The uniformity of these cases is remarkable. Often times I meet with new clients who tell me the same story: “I was out having a good time, I had a few drinks and drove home. I thought I was ok to drive. I was pulled over for something trivial and the next thing I knew there were numerous cop cars all around and an officer was shining a light in my eyes, asking me if I would do field sobriety exercises and telling me that if I didn’t, he would have to ‘make his decision’ based on what he saw. Next thing I knew, I was in handcuffs and then, about two hours later, they decided to let me give a breath sample.”

This situation leads to many people who have never been in trouble being arrested for a criminal offense. I find it ironic that Law Enforcement only provides you with the opportunity to provide a breath sample after you have been arrested. If you blow below a .08, do they let you go? No. Law Enforcement will never reward you for blowing under the legal limit, but they will punish you for not providing a breath sample. Severely. Refusing to provide a breath sample automatically suspends your license for a year if it’s your first refusal, and if you refuse to provide a breath sample twice, you can be prosecuted for that refusal.

DUI investigations are very complicated, and officers can only begin a proper investigation if certain legal standards are met. Additionally, they can only request that you perform field sobriety exercises if they observe very specific indicators of impairment. Most importantly, every DUI arrest must be supported by probable cause. If an arrest is not supported by probable cause, a judge may exclude evidence gathered in your case, increasing your chances of an acquittal.

At Shafer & Associates, we have been handling DUIs and traffic offenses for over 20 years. I have seen the evolution of drunk driving law over this time, and I can tell you that where people used to only receive a fine and a night in jail, they are now faced with harsh mandatory minimum sentences that can consume years of your life and thousands of your dollars. Don’t face this situation alone: you need experienced legal counsel who can guide you through this process and raise any defenses you may have.

Come see us for a free consultation or visit our website at www.shafercriminallaw.com to learn more about our DUI defense practice.

Regards,

Robert Shafer