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Malcolm Anthony

Malcolm Anthony

Malcolm Anthony P.A. (
  • Criminal Law, DUI & DWI, Juvenile Law...
  • Florida
Claimed Lawyer ProfileQ&ASocial Media

Malcolm is an attorney with over 33 years of experience specializing in various areas of criminal defense 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.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • White Collar Crime
  • Traffic Tickets
  • Cannabis & Marijuana Law
  • Domestic Violence
Additional Practice Areas
  • Expungement and Sealing
  • Restraining Orders
  • BUI Defense
  • Fraud and Embezzlement
  • Assault and Battery
  • Military Diversion
  • Probation Violations
  • Bench Warrants
  • Drug Offenses
  • Gun Charges
  • Suspended Drivers License
  • Traffic Violations
  • Free Consultation
  • Credit Cards Accepted
    Visa, Master Card, Discover, American Express
  • Rates, Retainers and Additional Information
    Flat Fee based on type of case. Legal Financing Options Available (via ePay Management)
Jurisdictions Admitted to Practice
The Florida Bar
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Professional Experience
Malcolm Anthony P.A. (
- Current
Assistant State Attorney
St. Augustine State Attorney's Office
Assistant State Attorney
Jacksonville State Attorney's Office
Special Prosecutor Economic Crimes
Regent University School of Law
J.D. | Law
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O.W. Coburn School of Law
J.D. | Law
Honors: Cum Laude
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"Best Lawyers" in northeast Florida for "Criminal Law"
904 Jax Magazine
AV Preeminent, Peer Review Rating - Highest rating in Legal Ability and Ethical Standards
AV Preeminent, Client Review Rating - Highest rating in Legal Ability and Ethical Standards
Professional Associations
National College of Drunk Driving Defense
- Current
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Jacksonville Beaches Bar Association
Past President
- Current
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National Association of Criminal Defense Lawyers
- Current
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Florida Association of Criminal Defense Lawyers
- Current
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Florida State Bar # 381284
- Current
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Websites & Blogs
Legal Answers
7 Questions Answered

Q. Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?
A: Generally, private property owners can regulate activity on the premises of their property. Because vehicles are the most common mode of transportation for individuals and the right to carry a firearm in a vehicle while "securely encased," the exception to this general provision (private property owners' right to prohibit possession of firearms) is in the "guns-at-work" statute, section 790.251, Florida Statutes prohibiting a landowner/employer from restricting the "securely encased firearm in a vehicle" rights of employees, and includes customers and invitees. More specifically, and individual may voluntarily waive a constitutional right such as the right to keep and bear arms such as when entering a store with signs prohibiting entry with a firearm, or one can consent to be firearm free and to be searched for firearms by authorities designated to enforce the consent, such as in public buildings like the courthouse. A private university which accepts students and faculty on its campus may require the student or faculty member to waive rights. Students Fourth Amendment rights against searches and seizures in dorm rooms are commonly waived. If the private university requires a written waiver by students or invitees on their property, then the waiver would generally be valid. The difficulty comes from the UNF case which preserves a person's right to possess a securely encased firearm in their vehicle if a customer, employee, or invitee. But that UNF case was based upon the public univerity's lack of ruelmaking authority as a public university, and there wasn't a voluntary waiver. I think a private property owner could still restrict the possession of a firearm even in a vehicle with a voluntary waiver in exchange for using the property. Then there is an voluntary exchange not based upon any governmental authority. The constitution is not at issue.
Q. What are the possible convictions of a first offense petit theft charge ?
A: A first Petit Theft charge (value less than $100) is a second degree misdemeanor punishable by up to $500 in fines and 60 days in jail. If it was a first offense then most likely the accused is looking at probation and fines or a diversion to complete some tasks usually including some community service in exchange for a dropped case.
Q. if i had to pay someone to get my car that was stolen back. what can i do to the person who stole it in the 1st place?
A: You have the absolute right to your own property against all others. You should have called the police and had them appear with you to get your car. If you told the seller it was your car and it was stolen from you, technically he can be charged with Dealing in Stolen Property, a second degree felony.
Q. can a confidential informant help law enforcement in the county where they live but get charges reduced or dropped that
A: A CI can help law enforcement anywhere and can get charges reduced or dropped for assisting.
Q. Hello. Ocala Florida here. An exterior window was broken on a home, a water hose was thrown in and water turned on.
A: Criminal Mischief, may be a felony depending on the amount of damage; Burglary of a Dwelling, a felony.
Q. Florida probable cause search question
A: If an officer has probable cause to search for marijuana within a vehicle, then he may search where marijuana could be found. If he finds other unlawful controlled substances or unlawful items during a valid search, then the items are admissible in a prosecution for possession of such unlawful items. Firearms are not per se unlawful to possess. A person may transport a firearm in a vehicle without violating the law against carrying a concealed firearm if the firearm is securely encased, for example in a zipper case or box.
Q. My daughter who is 21 was caught at Target Tallahasse with a pair of socks she pulled from a packet.
A: I'm not sure what your question is, but petit theft or retail theft is a common first offense for many young people and the system is accustomed to this type of defendant, charge, and the effect of this on her future. Without a prior criminal history, a good lawyer should be able to get this type of case diverted. A diversion is a contract she would sign with the State Attorney's Office to do some things like community service, maybe a theft class, etc. and stay out of trouble for 6 months to a year at which time if she has completed everything and not committed any new offense, the charges would be dropped. If she does not want to pay for a lawyer, she probably qualifies for the services of the Public Defender, a free lawyer for the indigent which the court would appoint. They can accomplish this for her as well. When she has completed the terms of the agreement and the charges have been dropped, contact me about having the record sealed or expunged so it won't show up on any search of her criminal record.
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Contact & Map
Malcolm Anthony PA
814 SR A1A N Ste 105
Ponte Vedra Beach, FL 32082-3271
Telephone: (904) 285-4529
Cell: (904) 708-1234
Fax: (904) 212-2455