In Florida, a person commits the crime of money laundering when he/she conceals the nature, source or location of proceeds of specified unlawful activity. Money laundering in Florida only applies to money or other property that comes from “specified unlawful activity”, but that term is defined very broadly and certainly…
Jacksonville Criminal Lawyer Blog
Florida Stand Your Ground Law Cannot Be Used Against Police Officer Engaged in Official Duties
As many people are aware due to some recent high profile cases, Florida has the Stand Your Ground law which provides that the state cannot prosecute a person who used justifiable force under the circumstances. When a defendant properly defended himself with reasonable force under the circumstances, the Stand Your…
Be Careful in Florida Driving Someone Else’s Vehicle if That Person Might Have a Legal Problem
In Florida, a lot of criminal cases are initiated based on fairly routine traffic stops. What might start out as a speeding or red light violation can easily turn into a DUI, felony drug or driving with a suspended license arrest. Additionally, a lot of arrest warrants are served based…
Odor of Alcohol and Beer Cans Found on Boat WEre Not Sufficient for Boating Under the Influence (BUI) Investigation
In Florida, most alcohol related criminal cases are DUI cases, however it is not uncommon for us to see boating under the influence, or BUI, cases as well. There are some similarities between DUI and BUI cases as well as certain differences. As to the similarities, it is illegal to…
Florida Appellate Court Awards Attorneys Fees to Claimant After Money is Forfeited Without Evidence of Criminal Activity
As we have mentioned many times before on this website, we have seen many cases where a Florida law enforcement agency has taken money or other property from a person without any indication that the person or the property was involved in criminal activity. The Florida forfeiture laws allow the…
Florida Police Officer Was Justified in Stopping Vehicle Where Window Tint Was Too Dark to See Driver
In Florida, a police officer can stop a vehicle if the vehicle’s window tinting is too dark. The Florida statute provides that the side windows on a vehicle must have a light transmittance of at least 28% in the visible light range. This can be measured by certain devices after…
Can the State Use a Defendant’s Pre-Arrest Silence Against Him/Her at Trial in Florida?
Most people are aware that the United States Constitution affords people the right to remain silent. This means that a person does not have to give any statement to police that might be incriminating, and a defendant cannot be compelled to testify at his/her own trial. If a person chooses…
State Failed to Prove a Violation of Probation with Hearsay Evidence From Probation Officer
When a defendant in Florida is arrested and charged with a crime and then decides to enter a guilty or no contest plea, or has a trial and is found guilty, he/she will be sentenced by the judge. The judge will likely have a few options when sentencing the defendant.…
President Obama’s Proposed Budget Allocates More Money to the War on Drugs
While there seems to be some growing recognition that the war on drugs is criminally wasteful and counterproductive, with more states legalizing marijuana either for recreational purposes and/or medicinal purposes, clearly we still have a long way to go before we approach a reasonable and fiscally responsible state of affairs.…
Senators Propose New Law to Curb Forfeiture Abuse
Over the years, handling asset forfeiture cases in Florida and Georgia, we have seen some eye-opening practices of police and other law enforcement agencies designed to take property from people for their own benefit. It is not uncommon for law enforcement agencies to take large amounts of money or other…