Malcolm Anthony/Criminal Defense Lawyer

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Street Address 822 A1A Hwy N. Suite 310
City Ponte Vedra Beach
State/Province Fl
Zipcode 32082
Phone 904 285-4LAW 904.285.4529
Email malcolm@malcolmanthony.com
Website http://www.malcolmanthony.com/
Facebook Page https://www.facebook.com/MalcolmAnthonyPa/
Hours of Practice Always Open
Cities of Practice Malcolm Anthony specializes in criminal law and DUI cases in the Jacksonville, Jacksonville Beach, Ponte Vedra, Ponte Vedra Beach, St. Augustine and St. Augustine Beach areas. Choosing the right attorney can determine whether you suffer a great loss or end up with just a bump in the road of life. Call Malcolm today and you can be sure your case is in the hands of a knowledgeable and experienced attorney who will take care of you.
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Malcolm is a seasoned attorney with a high success rate in DUIs and license offenses. He has a long-running relationship with St. Johns and Duval county law enforcement and court systems that has served his clients and their cases well. Malcolm is passionate about upholding the rights of his clients and their needs, while defending and protecting their privacy and reputation all with the utmost integrity. You will get peace of mind with Malcolm Anthony as your lawyer. Malcolm Anthony, Florida DUI Attorney, is a must hire for success.

 

Services Offered

DUI & Drunk Driving

Driving under the influence (DUI) is a serious crime.

If you are arrested and found guilty, the law requires, among other things, that you be convicted, you will lose your license, you will be fined, and the court could put you in jail. Choosing the right DUI Lawyer can determine the outcome of your case and potentially your future. Choose Malcolm Anthony as your DUI defense lawyer and you can rest assured that you will receive the benefit of Malcolm’s 25 years of DUI defense experience and thousands of DUI trials.

Types of Drunk Driving

  • DUI

    DUI is a serious crime in Florida and can result in severe hardship for the entire family. A DUI conviction can affect your ability to perform daily tasks, like driving to work or taking your children to school. Driving is a valuable right, and selecting an attorney who will evaluate the facts of your entire case and develop an effective strategy utilizing all the law and science available can determine your outcome.

  • BUI

    Florida has an extensive coastline and thousands of miles of inland waterways, lakes and navigable rivers, which has made Boating Under the Influence a serious crime. Malcolm Anthony has extensive experience handling cases involving vessels, from large luxury yachts to small bass boats and everything in between. Due to the extensive legal and boating ramifications resulting from a BUI conviction, quality legal representation is crucial..

  •  DUI Manslaughter
    Even the best of us make poor choices from time-to-time and those mistakes can be heartbreaking and overwhelming for both parties. Consequences like prison time can result. Understanding the charges and details regarding your case can be difficult and discouraging.

 

Call Malcolm Anthony Florida DUI Attorney at  904 285-4LAW  

License Offenses

Many minor traffic violations can result in major adverse consequences that can take away your fundamental right to drive.

Losing this right can determine your home, family, and work life, potentially causing more problems than just the ones that result from the loss of your license. Let Malcolm Anthony review your case and determine your options. Understanding the laws of Florida regarding license offenses and your rights can make the difference between losing and maintaining your license.

Traffic Tickets

Don’t let the small things affect your larger life. Don’t let traffic points result in a suspended license, because then you are subject to criminal sanctions for merely driving. All too often, drivers in Florida unknowingly convict themselves. Simply paying a traffic citation results in a conviction against you and points added to your license. It cannot be stressed enough that in Florida, never simply pay your citation. The smartest route to take is to hire an experienced traffic attorney, like Malcolm Anthony, to avoid the points on your license. We offer our services for $49 to avoid points. Visit our website, fasteasyticket.com, and we will handle your citations. We offer services in Duval, St. Johns, Clay, Bradford, Baker and Leon county, with more to come. According to Florida Statute 322.27, the following offenses can add points to your license:

  • Reckless driving, willful and wanton – 4 points
  • Leaving the scene of a crash resulting in property damage more than $50 – 6 points
  • Unlawful speed resulting in a crash – 6 points
  • Passing a stopped school bus – 6 points
  • Unlawful Speed:
    Not in excess of 15 miles per hour – 3 points
    In excess of 15 miles per hour – 4 points
  • A violation of a traffic control signal device – 4 points
  • All other moving violations – 3 points.

Suspended License/HTO

A Habitual Traffic Offender is not a title one strives to achieve, but it’s also not entirely uncommon. Often people do not know they are subject to habitual traffic offender status until they receive a notification letter in the mail. Habitual Traffic Offender is defined in Florida Statue section 322.624.

A “habitual traffic offender” is any person whose record, as maintained by the Dept. of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a five year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

  • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
  • Any violation of Florida Statute Section 316.193 (Driving Under the Influence), former Florida Statute section 316.1931, or former Florida Statute section 860.01
  • Any felony in the commission of which a motor vehicle is used
  • Driving a motor vehicle while his or her license is suspended or revoked
  • Failing to stop and render as required under the the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another
  • Driving a commercial motor vehicle while his or her privilege is disqualified

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute section 322.27 including those offenses in subsection (1).

Any violation of any federal law, any law of another state or county, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

People often unknowingly convict themselves for moving traffic offenses without realizing it. All too often, citizens simply pay the fine indicated on any citation they receive. What they don’t know is that paying the fine on a citation adjudicates you guilty and adds points to your license. It is a conviction.

Leaving the Scene of an Accident

Florida law specifically requires certain actions to be taken when in an accident, but most people don’t know what they are. Even in small fender benders or when you may have struck an unoccupied vehicle or a traffic sign or railing. There are expected actions to follow. Potential penalties for leaving the scene of an accident include fines and driver’s license ramifications. A conviction for this crime will automatically add six (6) points to your driver’s license.

Malcolm Anthony has extensive experience helping clients charged with drug crimes. In Florida, drug crimes range from misdemeanor offenses to felony offenses, and carry vastly different penalties. Here are a few types of drug offenses Florida has penalties for.

Possession of Paraphernalia

Florida Statute 893.147, Use, possession, manufacture, delivery, advertisement, or retail sale of drug paraphernalia:

  • Use or possession of drug paraphernalia – It is unlawful for any person to use, or to possession with intent to use, drug paraphernalia:
  • To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
  • To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Any person who violates this subsection is guilty of a misdemeanor of the first degree. First degree misdemeanors carry the following penalties: Up to one year in jail or up to a $1,000 fine.

Trafficking in Cannabis

Trafficking is codified as a violation of the law in Florida Statute Section 893.135. It also carried mandatory sentences.

Trafficking of marijuana can carry serious penalties, as described below: (a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, known as trafficking in cannabis. If the quantity of cannabis involved:

  • Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
  • Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of 7 years imprisonment and shall be ordered to pay a $50,000 fine.
  • Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

Habitual Traffic Offender

A Habitual Traffic Offender is not a title one strives to achieve but it’s also not entirely uncommon.

Often, people do not know they are subject to habitual traffic offender status until they receive a notification letter in the mail. Habitual Traffic Offender is defined in Florida Statute section 322.624. it states:

A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

  • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
  • Any violation of Florida Statute Section 316.193 (Driving Under the Influence), former Florida Statute section 316.1931, or former Florida Statute section 860.01;
  • Any felony in the commission of which a motor vehicle is used;
  • Driving a motor vehicle while his or her license is suspended or revoked;
  • Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
  • Driving a commercial motor vehicle while his or her privilege is disqualified.

Juvenile Crimes

Is your child in trouble?

Making mistakes is a part of life, and as a father of three, Malcolm Anthony knows that learning from them can be difficult and potentially harmful to the reputation and future of your child. Malcolm understands your concerns and wants to let you know there are options. Call Malcolm today to get a free consultation regarding Jacksonville juvenile crimes.

Drugs/Paraphernalia

If your child is in trouble, Malcolm Anthony wants you to know he understands and there are options. Even the best kids make mistakes, but understanding the consequences and taking the right steps plays a big part in the charges your child may face. Many people don’t know that a drug possession conviction results in an automatic two year driver’s license suspension. In addition, many people are not aware that possession of prescription dugs, even your own, can result in a criminal charge.

Shoplifting

A common Juvenile crime can sometimes be handled out of court without judicial sanctions. Most parents are unaware they can be subject to triple civil penalties, i.e., money damages by large corporate retailers for their child’s minor theft.

Vandalism

A common Juvenile crime can sometimes be handled out of court without judicial sanctions. Mandatory restitution laws can result in parents being subject to pay thousands of dollars. Don’t let the laws of Florida catch you off guard and determine the outcome of your child’s future.

White Collar Crimes

White collar crime is the term used for elaborate crimes that are committed for the sole purpose of financial gain.

White collar crime is the term used for elaborate crimes that are committed for the sole purpose of financial gain.

  • Environmental crimes
  • Health care fraud
  • Insurance fraud
  • Mortgage fraud
  • Tax fraud
  • Asset forfeitures

Time is of the essence

White collar crimes are often highly technical cases that require thorough examination of financial and personal information and communications. Although these cases may take years to resolve, a mere five seconds and one errant email or statement may seal your fate. If you have any suspicion that you are under investigation or if you are compiling a case against another party, it is essential that you contact a qualified white collar attorney to obtain advice on how to limit your own liability.

Success Stories

DUI Crash with High Blood Alcohol Level Reduced; no conviction!

Client alleged to crash her car into a tree. When paramedics arrived they took a blood sample. The police obtained an arrest warrant for DUI with enhanced blood alcohol level when the blood returned from the lab .236, almost three times the legal limit. Although the affidavit to obtain the warrant asserted client was seen in the vehicle, the first officer on the scene could not remember where the client was when he arrived. Without proof of the client as driver and a potentially false warrant affidavit, the State reduced the charge to Reckless Driving with no conviction.

Third DUI Dropped; Significant Jail Time Avoided

Client was arrested for her third DUI in less than two years. She was on probation for her second DUI. She was facing significant jail time. Client was standing at her car inside the open driver’s door when police arrived because she had been fighting in the street with the girl who had been her passenger. The police asked about the fight and let the passenger go. Client was given field sobriety tests and arrested for DUI. We filed a motion to suppress evidence from an unlawful arrest. No crime occurred in the officer’s presence because client was not “in or on” the car for purposes of being in “actual physical control.” We also averred that all her statements were inadmissible because she was never read her rights and this was not a traffic stop. She was in custody for purposes of the Fifth Amendment when the officer let the passenger go but would not let the client call her friend to pick her up and said “No friend is going to come get you. You are not going anywhere.” The motion was granted. The State dropped the case.

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2 Reviews for Malcolm Anthony/Criminal Defense Lawyer

  1. Bronze Member says:
    Rating: ()

    Malcolm did a great job getting me off several traffic offenses that would have cost me a bundle. I feel he is one of he best in Florida!

  2. Bronze Member says:
    Rating: ()

    I had my third DUI and didn’t know what to do. One of my friends suggested Malcolm and I am certainly glad he did. I got my sentence reduced and have a good prognosis for restoration in the future. Easy to talk to and knows his business.

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