In Florida and elsewhere, people have privacy rights in their vehicles. This means that the police generally cannot search a person’s vehicle for drugs or other evidence of criminal activity without consent from the owner or a search warrant. There are some exceptions to this general rule, but the police…
Jacksonville Criminal Lawyer Blog
Police in Florida Could Not Prove Constructive Possession of Drugs Found in Hotel Room
For any type of drug possession case, there are two ways the state can prove the crime in Florida. The easiest way is with an actual possession case. Actual possession is what it sounds like. If a person is holding the drugs or has drugs in his/her pocket or is…
Claimant in Florida Forfeiture Case May Be Able to Get Fees and Costs From State For Improper Forfeiture
Many states have laws that allow the police and other law enforcement agencies to take a person’s property with very little evidence of criminal activity. In fact, it is not uncommon for the police to obtain ownership of a person’s property, referred to as forfeiture under Florida law, without ever…
Jacksonville, Florida Law Firm of Lasnetski Gihon Law Gets DUI Case Dismissed Despite Client Having a Blood Alcohol Level More Than Three Times the Legal Limit
A client recently came to the law firm of Lasnetski Gihon Law as a result of a DUI (driving under the influence of alcohol or drugs) arrest in July of 2016. The arrest was actually based on an alleged DUI offense in Jacksonville, Florida from 2013. Most DUI arrests are…
Police Search With Consent Became Illegal When it Went Too Far in Florida Drug Case
Many drug cases in Florida are the result of police suspecting that a suspect has drugs and requesting that the defendant consent to a search of his/her vehicle, home, person or other belongings. People always have the right to refuse a police officer’s request to search, but people often allow…
Excessive Delay in Investigation Results in Florida DUI Case Being Thrown Out
Most DUI cases are initiated in a similar manner here in Florida. A police officer will claim to observe a driver violate some traffic law and then will pull that driver over. While the police officer will begin to check the driver’s license and consider writing a traffic ticket, if…
Florida DUI Case Thrown Out After Police Stop Defendant for Honking Horn
Most DUI (driving under the influence of alcohol or drugs) cases in Florida start with a traffic stop. A police officer will allege that he/she saw a driver commit some sort of traffic infraction. The police officer will pull the driver over. If the police officer believes the driver is…
Judge in Florida Can Suspend a Person’s Driver’s License for a Traffic Violation
In Florida, there are certain crimes that come with an automatic suspension of the defendant’s driver’s license. For instance, a DUI (driving under the influence of alcohol or drugs) conviction will always result in a driver’s license suspension of at least six months. Other crimes that come with driver’s license…
Can the Judge in a Florida Criminal Case Order Sex Offender Therapy for Defendant Not Convicted of Sex Offender Crime?
In Florida, there are certain crimes that require a judge to sentence the defendant to sex offender therapy if the defendant is convicted of the crime, i.e. either enters a plea of guilty or no contest to the charge or is convicted of the charge at trial. Normally, these sex…
In DUI Cases, Police in Florida Can Force a Breath Alcohol Test Without a Warrant but not a Blood Alcohol Test
When a driver is stopped by the police and the police officer initiates a DUI (driving under the influence of alcohol or drugs) investigation, the police officer will almost always ask the driver to submit to a breathalyzer test. The breathalyzer machine is designed to measure the amount of alcohol…