A recent encounter between a suspect and a police officer near Jacksonville, Florida illustrates that police do not have free reign to question suspects and detain them based on mere suspicions or the fact that they do not like a person’s answers. In light of recent police shootings and some…
Jacksonville Criminal Lawyer Blog
Florida Juvenile Who Sent Threats on Twitter Not Guilty of Making Threats Crime
In Florida, it is a crime to make a threat to kill or cause bodily injury to someone or someone’s family member. In fact, it is a very serious second degree felony punishable by up to 15 years in prison if the threat is communicated to the victim or his/her…
Florida Police Cannot Arrest DUI Suspect Without Observing Him/Her Driving
In Florida, a police officer is not normally permitted to arrest a person for DUI (driving under the influence of alcohol or drugs) unless the police officer observes the suspect actually commit the crime. This applies to standard DUI’s, not DUI’s involving an accident. This is not an issue in…
In Florida DUI Case, Odor of Alcohol Plus Causing a Serious Accident is Sufficient for Blood Draw
In Florida, most DUI (driving under the influence of alcohol or drugs) cases involve the police requesting the defendant take a breathalyzer test at the jail. This test is normally offered only after the police make the DUI arrest. Therefore, if the defendant has a low score on the breathalyzer,…
Manufacturer of Highly Dangerous Opioid Drug Fighting (and Paying) to Keep Marijuana Illegal
One sad fact about elections and political movements- they are expensive, and the costs seem to increase each year. As more and more states realize there is a medical benefit to marijuana and it is ridiculous to have it on the list of Schedule I drugs along with substances like…
Florida Inmate Who Left Job While on Work Release Convicted of Escape
In Florida, a person who gets sentenced to jail might be able to take advantage of a work release program for inmates if the jail offers such a program. For instance, in Jacksonville, the Duval County jail allows certain inmates to leave the facility to go to an approved job…
Florida Burglary Conviction Reversed Where Defendant Stole From Store Open to the Public
In Florida, the crime of burglary involves a person breaking into or entering a place with the intent to commit a theft or other crime inside. The crime of burglary in Florida can get a little complicated based on the type of place that is entered, where the defendant was…
As the Federal Government Keeps Marijuana as a Schedule I Drug, a New Substance is Added
The federal government maintains a list of Schedule I drugs. According to the United States Drug Enforcement Agency, these are substances that they have determined have a high potential for abuse and have no accepted medical benefit. You do not have to look far down the list to see how…
Florida Police Officer’s DUI Arrest Outside of His Jurisdiction Was Unlawful
Does a police officer in Florida have the right to arrest a person who commits a crime outside of his/her jurisdiction? It depends. The general rule is that police officers have no authority to arrest people for crimes outside of their jurisdiction. However, there are exceptions. Some neighboring cities and…
Federal Court Says Police Cannot Stop Vehicle with License Plate From a Marijuana State
While we certainly agree that having less government in our lives is a good thing, not every government agency shares our sentiments. Specifically, as it relates to the war on drugs, “small government conservative” politicians and law enforcement continue to expend limited resources and money to detain and arrest people…