The Jacksonville State Attorney’s Office recently decided to take another look at an incident where a Jacksonville Beach suspect (Theodore Gersdorf) cut off another person’s finger with a machete, according to an article at Jacksonville.com. Apparently, when Jacksonville police originally investigated the incident, the suspect claimed that he used the…
Articles Posted in Criminal Procedure
Many Convicted Felons in Florida Had Their Right to Vote Restored Automatically
In Florida, the law used to provide that any person convicted of any felony crime lost his/her right to vote. The only way to restore the right to vote was to go through a difficult and lengthy process involving an investigation, the parole commission and the clemency board with no…
Criminal Defense Lawyer Wants Police Officers to Prove They Can Smell Marijuana in Car
During a drug investigation after a traffic stop in Jacksonville, Florida, it is not uncommon for a police officer to allege that he/she smells an odor or marijuana which is used as a basis for a search of a person and/or a vehicle. Or, what a Jacksonville police officer may…
If You Have Been Charged with a Crime, Be Careful What you Put on Facebook or Myspace. It Can Come Back to Haunt You.
Social networking sites like Facebook and Myspace have become extremely popular, not just among high school and college students, but for people of all age groups, but the information that is posted on these sites is also being used as a tool by prosecutors to obtain evidence against defendants to…
In Florida, Right to Remain Silent Starts at Arrest
A person who has been arrested for a crime in Florida and elsewhere has the right to remain silent. Most people have heard of the Miranda warnings that are read to a person pursuant to an arrest, which includes the right to remain silent. However, the right to remain silent…
Florida Residents Convicted of a Felony Retain the Right to Vote
Previously, if you lived in Florida and were convicted of a felony crime, you lost your right to vote. With the presidential election approaching along with several local Jacksonville, Florida elections, it is important for people who have been convicted of a felony crime to be aware that you now…
In Florida, Watch the Speedy Trial Issue When Misdemeanor DUI Turns Into Felony DUI
In Jacksonville and throughout Florida, a DUI can be bumped from a misdemeanor crime to a felony crime if the offender has three prior misdemeanor DUI convictions. If the state prosecutors can prove that the person committed the fourth DUI after three prior misdemeanor DUI’s, that fourth DUI can be…
Duval County Proposal Would Make it Easier to Bond Out of Jail
Jacksonville, Duval County, Florida criminal judges will be considering a new proposal that would make it easier for people who have recently been arrested for certain crimes in Jacksonville to bail out of jail. Bail/bond is the money or other collateral that needs to be paid to get a person…
Florida Law Proposed to Deport Illegal Immigrants in Prison Voluntarily
The Florida Legislature is considering a law (Senate Bill 1086) that would allow illegal immigrants serving prison sentences to be deported under certain circumstances. According to the proposed Florida law, prison inmates in Florida who have been convicted of a crime, have served at least half of their prison sentence…