A recent DUI case near Jacksonville, Florida had a couple of interesting issues. Essentially, a police officer was in his patrol car but out of his jurisdiction. He came across a person riding his motorcycle who had just crashed. She went over to assist and ultimately determined that he had…
In Florida, it is a crime for a person to drive a motor vehicle if his/her license is suspended and he/she knows it is suspended. That last part is important because it is only a civil traffic infraction to drive with a suspended license in Florida if the driver is…
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, a police officer will observe a person driving erratically or violate a traffic law and pull that driver over. The police officer will claim to observe evidence that the driver is impaired from alcohol or drugs…
In a recent DUI case in Massachusetts, the state sought to prove that the defendant was impaired from marijuana while driving, thereby rendering him guilty of driving under the influence under that state’s DUI laws. At the trial, the prosecutor had the arresting police officer testify that based on his…
In Florida, the process for a person getting out on bond while a criminal case is pending is usually fairly standard. If the police officer obtains an arrest warrant to arrest a suspect based on a prior crime, the judge who signs the arrest warrant will normally also place a…
When a person enters a guilty or no contest plea or is convicted in a criminal trial, the next step is normally for the judge to sentence the defendant. A criminal sentence can involve incarceration, probation or both. If a defendant is placed on probation, he/she is placed on probation…
People in Florida litter all of the time. You cannot drive more than a block around here without seeing trash that was discarded along the side of the road. Most people probably assume that the penalty for getting caught littering is a fine. There are signs along some roads which…
Most people are aware of the Florida Stand Your Ground law as it received a lot of notoriety during the George Zimmerman case and other cases in Florida since then. Essentially, the law says that people in Florida are not required to retreat and can use deadly force if he/she…
In Florida, there is a criminal statute that addresses the neglect of a child. The statute is problematic because it is broadly written. The effect is that police officers have very broad discretion to arrest a person for child neglect. And prosecutors similarly have wide discretion when deciding whether to…
In Florida, and likely in all of the other states as well, it is illegal for a person to prevent another from reporting a crime or otherwise providing information about criminal activity to the police or in court. This is part of a more inclusive statute dealing with witness tampering. …