In Florida, the law establishes what it considers a legal limit for a driver’s blood alcohol content. Most people know that the legal limit in Florida in DUI cases is 0.08. If a person blows a 0.08 or higher on the breathalyzer, that does not necessarily mean he/she will be…
Jacksonville Criminal Lawyer Blog
Florida Police Can Order Blood Draw in DUI Manslaughter Case Where There is Evidence of Impairment
In a normal DUI case in Florida, where there is no accident with serious injury or death, the police do not request or seek to obtain a blood sample of the defendant to test for alcohol content. The procedure is often different when a DUI case does involve an accident…
Florida Stand Your Ground Claim Does Not Work Where Defendant Shot Victim in Back
In a recent shooting case near Jacksonville, Florida, the defendant was charged with aggravated battery with a firearm after shooting the victim in the back of the leg. The criminal defense lawyer filed a Stand Your Ground motion claiming that the defendant had a right to use deadly force against…
Florida Stand Your Ground Immunity Applies to Correctional Officers As Well
After a few well publicized cases in Florida, many people are aware of the Stand Your Ground law in Florida. It really is not any sort of groundbreaking law. It is a derivation of self defense, which has been around forever. It addresses the fact that a person does not…
Can Police in Florida Come Up to Your House and Knock if You Have a Closed Gate?
In Florida, the police generally need a search warrant to enter your home and search for illegal drugs or other evidence of criminal activity. When they do not have a search warrant, they can still try and gain legal access to your home by walking up to your door, knocking,…
Jacksonville Police Seize and Try to Forfeit Large Sum of Cash From Traveler in Jacksonville Airport
Lasnetski Gihon Law recently represented a person who was traveling through Jacksonville on his way back from a nearby poker tournament. Having had some success at the poker tournament, he was bringing a large sum of cash back home with him. When he went through the security line at the…
Knock and Announce Search Warrant in Florida Requires Police to Allow Occupant Time to Open Door, But Not Much Time
In Florida, there is such a thing called a knock and announce search warrant. If the police have sufficient evidence to believe there are drugs or other evidence of criminal activity in a residence, the police can obtain a search warrant that allows them to search the premises. That does…
State Can Charge Conspiracy to Traffic in Drugs Based on Phone Conversations in Florida
In Florida, trafficking in cocaine or another drug normally means a person is caught possessing a large quantity of drugs or distributing a large quantity of drugs. How much drugs needs to be possessed or distributed to qualify for a trafficking charge depends on the type of drug. For pills…
Federal Government to Propose Lighter Sentences for Non-Violent Drug Offenders
It is not always clear when a criminal case will be handled by the federal government, i.e. the United States Attorney’s Office, or the state or local government, i.e. the state attorney’s office here in Florida. For drug cases, the federal government typically likes to handle the bigger cases, and…
Entrapment Defense Does Not Work in Florida Traveling to Meet a Minor Case
In Florida, it is a serious felony crime to travel either within a state or across state lines to meet a minor, or a person believed to be a minor, to engage in unlawful sexual activity. These cases are often the Craigslist cases where an undercover officer will pretend to…