When is an encounter with a police officer considered consensual and when is it considered an illegal detention under Florida law? The answer could be the difference between incriminating evidence being used against a defendant charged with a crime like possession of drugs or possession of a firearm by a…
Violent crimes, including murder, rape and robbery, increased between 2006 and 2007 in Jacksonville, Florida and other major cities in Florida, according to the FBI’s Uniform Crime Report. Of the 17 cities in Florida with over 100,000 residents, the murder rate increased in 10 of them. Murders increased in Jacksonville…
The field sobriety test during an investigation by police for driving under the influence of alcohol or drugs (DUI) consists of a few tests administered by the police officer, like the horizontal gaze test, standing on one leg, walking in a straight line and turning around and reciting the alphabet.…
A Jacksonville, Florida mother was recently arrested after an incident at Sadie Tillis Elementary School where she allegedly threw objects at the principal, broke a table and made threats to come back and shoot up the school, according to a news article on www.News4jax.com. Clearly, if true, her conduct was…
Consider a Jacksonville, Duval County, Florida search warrant scenario where Jacksonville Sheriff’s Office Officer A goes to a judge and presents evidence to establish that there is probable cause to search a house for the presence of marijuana, cocaine or other illegal drugs. The search warrant directs Officer A to…
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…
Criminal defendants in Florida who are subject to deportation if they plead guilty or no contest to a crime must be informed of the possibility of deportation before they enter a plea of guilty or no contest to a crime. This is typically done during what is called the plea…
There has been a clear trend of fewer white collar crime cases being prosecuted in federal court over the last seven years under the Bush administration, according to an analysis done by the Transactional Records Access Clearinghouse (TRAC) which reviewed the records of thousands of federal criminal cases. TRAC also…
Lou Pearlman was the creator of two of the most famous young bands (The Backstreet Boys and N’Sync), but he was recently sentenced to 25 years in prison after being convicted of the federal crimes conspiracy, money laundering and making false statements, according to the Orlando Sentinel. Pearlman defrauded more…
In Florida, the crime of vehicular homicide occurs when a driver kills another person by driving a motor vehicle in a reckless manner such that another person is likely to die or be seriously injured. One possible defense to the crime of vehicular homicide, particularly in the drag racing context,…