The laws regarding when the state has to take a person to trial and statutes of limitation can be very complicated depending on the charge, when the crime was committed, where the defendant was residing and other factors. There is a law that applies in Florida that addresses a situation…
Jacksonville Criminal Lawyer Blog
Florida DUI Officer Could Not Stop Driver for Swerving in His Lane
In order for a DUI case to go forward in Florida, the initial stop of the driver must be legal. In other words, if the initial stop of the driver by the police officer is not a valid stop, all evidence that the police officer obtains after the stop should…
Medical Doctor in Florida Can Be Charged With Drug Trafficking for Improperly Prescribing Drugs
When most people think of drug trafficking charges in Florida, they think of people selling large quantities of marijuana, cocaine or other illegal drugs in traditional drug deals. However, with prescription drugs being the focus of police more and more, drug trafficking cases can involve many different scenarios. First, drug…
Florida May Be Putting Medical Marijuana Initiative Up for a Vote
As many people are aware, marijuana laws have changed in some states over the last several years. Some states have realized how ridiculously wasteful, counter-productive and just plain stupid it is to give people criminal records and put them in jail for possessing and using a plant, and then ask…
Florida Court Cannot Give a Defendant a Higher Sentence if He/She Cannot Pay Restitution
In theft cases in Florida, restitution is usually a critical issue. Restitution is the term the defines the amount of money (or the value of the stolen item(s)) that needs to be repaid to compensate the victim. Whenever a defendant pleads guilty to a theft or fraud crime, or gets…
The Danger of Submitting to the Field Sobriety Exams in a DUI Case in Florida
In just about every DUI case in Florida, the police officer is going to ask the driver to submit to a field sobriety exam. The police officer will not typically offer to the driver that he/she is free to refuse the field sobriety exam. The police officer wants the driver…
What Can I do if the Police in Florida Seize My Money or Other Property?
As criminal defense lawyers in the Jacksonville and North Florida area, we have seen quite a few asset forfeiture cases lately. Asset forfeiture law is not technically criminal law, but it has a lot of similarities to it. A law firm that is familiar with search and seizure law and…
Police in Florida Cannot Search House Based on Anonymous Tip in High Crime Area
The Constitutional right to privacy prevents the police from entering a person’s home to search for drugs or other evidence except in certain circumstances. If the police have a valid search warrant or someone with authorization gives the police consent to enter and search the house, that is one thing,…
Armed Robbery With a Deadly Weapon Can Be Committed With BB Gun in Florida
In Florida, armed robbery with a deadly weapon is a very serious crime that is punishable by up to life in prison. The Florida statute defines robbery with a deadly weapon as taking the property of another by use of force or putting someone in fear of violence. If the…
Florida DUI Evidence Thrown Out Where Police Did Not Read Implied Consent in Spanish
In Florida, when a police officer makes a DUI arrest, he/she will normally ask the suspect to submit to a breathalyzer test to be taken after the arrest. If the suspect agrees to take the breathalyzer test which results in a reading of 0.08 or higher, the state will certainly…