Malcolm Anthony, PA

Malcolm is a former prosecutor with over 30 years experience. He is AV rated - highest rating in legal ability and ethical standards. He is listed in "Best Lawyers" in Jax 904 magazine for criminal defense.

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Firm Overview

Malcolm is a seasoned attorney with a high success rate. As a former prosecutor in both Duval and St. Johns counties and a former special prosecutor of economic crimes and special vice prosecutor, he has a long-running relationship with local and statewide 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.
Main Office

Main Office
822 A1A N., Suite 310
Ponte Vedra Beach  FL  32082

Phone
  • (904) 285-4529

Fees

Free Initial Consultation?

Yes

Services Offered For Fixed Fees?

All

Hourly Rates

None

Office Information

Emergency After Hours

Yes

DUI and DWI
If you are arrested and found guilty, the law requires, among other things, that you be convicted, lose your license, be fined, and the court could put you in jail. Choosing the right DUI Lawyer can determine the outcome of your case.
Types 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.
Expungement
The lawyers of Malcolm Anthony, PA have significant experience assisting clients obtain a sealing or expunction of their criminal records.
It is important to know that if you get arrested, there is the possibility to have your record sealed or expunged. The differences are slight, and the process is lengthy, but this can be an invaluable tool for future careers or educational opportunities.

Florida Statute Section 943.059 Sealing.

Florida courts may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. However, the court, at its discretion, may order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. In order to have your record sealed, you cannot have been adjudicated guilty of a criminal offense/ordinance violation, or have been adjudicated delinquent of a juvenile offense. Along with the foregoing, you can only apply for sealing of one criminal history record.

The Florida Department of Law Enforcement will issue a certificate of eligibility for sealing of a record if the above conditions are met, and you have not been charged with any of the following offenses: arson; aggravated assault; aggravated battery; illegal use of explosives; child abuse or aggravated child abuse; abuse of an elderly person or disabled adult/aggravated abuse of the same; aircraft piracy; kidnapping; homicide; manslaughter; sexual battery; robbery; carjacking; lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years; sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority; burglary of a dwelling; stalking and aggravated stalking; an act of domestic violence; home-invasion robbery; an act of terrorism; manufacturing certain controlled substances; sexual misconduct with a developmentally-disabled person; sexual misconduct with a mental-health patient; luring or enticing a child; sexual battery; procuring a person under the age of 18 for prostitution; lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age; voyeurism; scheme to defraud or organized fraud; lewd or lascivious offense upon a person or in presence of elderly person or disabled person; sexual performance by a child; offenses by public officers and employees; showing or selling obscene literature to a minor; computer pornography; selling or buying of minors; trafficking in controlled substances.

Florida Statute Section 943.0585 Expunction.

Florida courts may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. The court may, at its discretion, order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.

The Florida Department of Law Enforcement will issue a certificate of eligibility for expunction of a criminal history record in two situations. First, if 10 years have passed from the date of sealing of your criminal history record. Second, if you have obtained and submitted a written, certified statement from the appropriate state attorney or statewide prosecutor that indicates: that an indictment, information, or other charging document was not filed or issued in the case; that an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi (commonly known as "NP") by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, and that none of the charges related to the arrest or alleged criminal activity to which the petition pertains resulted in a trial; or the criminal history record is not a violation of any of the above listed offenses.

Once the Florida Department of Law Enforcement issues a certificate of eligibility, a petition to seal or expunge your criminal history record must be filed in the court. It is important to note that the State Attorney's Office has the right to challenge the petition, but in most cases, if you are found eligible by the FDLE, they will not object.

If you have a criminal history record and want to explore the possibility of having it sealed or expunged, contact our office at 904-285-4529.
Criminal Defense
The lawyers at Malcolm Anthony, PA represent clients charged with all types of criminal violations.
Our practice includes, but is not limited to the following areas of Criminal Defense:

Criminal Offenses:
Murder, Homicide, Vehicular Homicide/Manslaughter, Assault and Battery

Driver's License & Traffic Offenses:
DWLSR (Driving While License Suspended or Revoked, DWLSR HTO (Habitual Traffic Offender, Possession of Drugs or Paraphernalia, Reckless Driving, Reckless Endangerment
Hit and Run (Leaving the Scene of an Accident), Traffic Infractions, Domestic Violence, Battery, Aggravated Battery
Kidnapping, Child Abuse, Neglect

Juvenile Offenses:
Juvenile Delinquency, Probation Violations, Possession of Drugs or Paraphernalia, Crimes at School

Drug offenses:
Paraphernalia, Cultivation, Distribution, Importation, Manufacturing, Possession, Trafficking, Transportation

"White collar" Crimes:
Counterfeiting, Embezzlement, Extortion, Forgery,Fraud (various), Internet Theft, Mail Fraud, Medicaid Fraud, Perjury, Prescription Fraud, Theft, Witness Tampering

Appeals:
Apprendi Cases, Change of Plea, Motion for New Trial, Plea Withdrawal, Post-Conviction Appeals, Sentence Appeals, Sentence Modifications, Sentence Reversal, Writ of Certiorari, Writ of Habeas Corpus, Writ of Mandamus

Other:
Aiding/Abetting, Burglary, Conspiracy, Hit and Run, Injury to a Child Obstruction, Perjury, Stalking

Malcolm Anthony

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.

* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.

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