In just about all criminal cases in Florida, a person will be arrested by a member of law enforcement who is properly working in that jurisdiction. For instance, if a person is speeding in Duval County (which is in Jacksonville) Florida and a police officer plans to make a traffic…
Jacksonville Criminal Lawyer Blog
Constructive Possession of Marijuana and Oxycodone Case Thrown Out in Florida
In Florida, in order for the state to prove a drug possession case, it has to prove that the defendant either actually possessed the illegal drugs or constructively possessed the illegal drugs. Actual possession is fairly straightforward. if a person is holding drugs or has them in his/her pocket, that…
The Crime of Neglect or Abuse of Elderly or Disabled in Florida
In Florida, it is a felony crime to abuse or neglect an elderly or disabled person. While such a crime sounds bad, it is also very vague as to what is required to actually commit the crime in Florida. Under Florida law, elder abuse or abuse of a disabled person…
RICO Charge in Florida
Recently in the news, there were several stories of a large number of people in the Jacksonvile area and throughout Florida who were arrested on RICO charges relating to internet cafes and the Allied Veterans of the World. RICO is not a charge that is filed very often by state…
Police Cannot Bring Drug Dog To Sniff House Without a Search Warrant
We wrote a previous entry about a case being decided by the United States Supreme Court regarding whether the police can have a drug dog walk onto someone’s property and sniff for the odor of illegal drugs without a search warrant. In many cases, a police officer will call for…
Florida 10/20/Life Law Allows for Consecutive Minimum Prison Sentences for Single Episode
The Florida 10/20/Life law creates very severe penalties for people convicted of certain crimes where a gun was involved. The law provides for a mandatory minimum sentence of 10 years if the defendant displays a firearm, a mandatory minimum of 20 years if the defendant discharges the firearm and a…
DNA Insufficient to Prove Possession of a Firearm by a Convicted Felon Charge in Florida
Recent articles and financial reports from gun manufacturers have made it clear that gun purchases have significantly increased over the last several months. As more people purchase guns, it is important to understand the laws surrounding firearms as Florida has some very serious gun laws that come with very serious…
Police Officer in Florida Who Sees Drugs in Home Can Enter Without a Search Warrant
The general rule in Florida is that a police officer is not permitted to enter a suspect’s home without probable cause and a valid search warrant signed by a judge or consent from someone with authorization. The Constitutional protection against unreasonable searches and seizures provides the greatest protection in one’s…
Consent for Police to Search in Florida is Limited in Scope
In Florida, many drug cases arise after a suspect has given the police consent to search. We have a hard time understanding why people give police consent to search when they know they are in possession of drugs or other incriminating evidence, but they do quite often. When a suspect…
Florida 10/20/Life Statute Applies to Accidental Firearm Discharges As Well
In Florida, the 10/20/Life statute is a law that provides for minimum mandatory prison sentences for people convicted of certain crimes involving guns. In such cases, if a person possesses a firearm during the crime, he/she faces a 10 year minimum mandatory prison sentence. If he/she discharges the firearm, the…