Malcolm Anthony

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.

• Expungement and Sealing
• Restraining Orders
• BUI Defense
• Fraud and Embezzlement
• Assault and Battery

• 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)

Florida

The Florida Bar

Since 1983

Owner

Malcolm Anthony P.A. (http://www.malcolmanthony.com)

1993 - Current

Assistant State Attorney

St. Augustine State Attorney's Office

1990 - 1993

Assistant State Attorney

Jacksonville State Attorney's Office

1984 - 1988

Special Prosecutor Economic Crimes

Regent University School of Law

J.D. | Law

1991

Honorary

O.W. Coburn School of Law

J.D. | Law

1983

Honors: Cum Laude

"Best Lawyers" in northeast Florida for "Criminal Law"

904 Jax Magazine

2012

AV Preeminent, Peer Review Rating - Highest rating in Legal Ability and Ethical Standards

Martindale-Hubbell

2010

2010-Present

AV Preeminent, Client Review Rating - Highest rating in Legal Ability and Ethical Standards

Martindale-Hubbel

2010

2010-Present

National College of Drunk Driving Defense

Member

2003 - Current

Jacksonville Beaches Bar Association

Past President

1998 - Current

National Association of Criminal Defense Lawyers

Member

1996 - Current

Florida Association of Criminal Defense Lawyers

Member

1994 - Current

Florida State Bar  # 381284

Member

1983 - Current

Q. Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?

June 12, 2019

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. ... Read More

Q. What are the possible convictions of a first offense petit theft charge ?

June 4, 2019

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?

April 15, 2019

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.