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Articles Posted in Criminal Procedure

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At a Traffic Stop in Jacksonville, Florida, Your Statements to Police May be Used Against You in Court

Most people are familiar with Miranda warnings which warn a suspect that, among other things, he/she has a right to remain silent and a right to an attorney before the police ask him/her questions about suspected criminal activity. If the police are required to give those Miranda warnings and do…

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Florida Law May Change to Help Police Enforce Seat Belt Laws

Most people in Jacksonville and throughout Florida know that it is against the law to drive a vehicle without wearing a seat belt. A violation of this law typically results in a traffic ticket and a fine. It is also fairly common knowledge that many criminal investigations and arrests are…

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Does the Prosecutor Have to Reveal the Identity of the CI in a Drug Case?

Consider a scenario where a Jacksonville police officer suspects a person is involved with illegal drugs (such as marijuana, cocaine, heroin, ecstasy or methamphetamine) and enlists the help of a confidential informant (aka a CI) to set up a drug deal with that person. For instance, the Jacksonville police officer…

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Corporations May Be Criminally Liable for the Acts of Their Employees

Where a company employee commits a federal crime while acting in the course and scope of his/her job duties and acts with the intent to benefit the company, the company will likely be criminally liable for the employee’s actions along with that employee. This is called vicarious liability, where one…

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Can Florida Prosecutors Use Evidence of Drug Possession to Bolster a DUI Charge?

In Jacksonville, Florida, it is not uncommon for a person to be arrested and charged for a possession of drugs (such as marijuana or cocaine) in addition to driving under the influence of alcohol or drugs. However, depending on the circumstances, the prosecutors are not allowed to use evidence of…

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In Florida, Can Evidence of Marijuana Use Be Used Against a Defendant in a DUI Case?

Not necessarily; it depends on the circumstances. Consider a case in Jacksonville, Florida where a driver caused a serious motor vehicle accident. The Jacksonville police officer showed up and reported that this driver appeared impaired, unresponsive and subject to mood swings. At the hospital, a blood sample was taken from…

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When Placed on Probation for a Crime, You Give Up Certain Constitutional Rights

In Florida, when a defendant pleads guilty or no contest to a charge or is convicted of a crime at trial, he/she may be sentenced to a term of probation. At the beginning of the probation, the defendant, now referred to as a probationer, signs a form acknowledging that he/she…

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