At trials in criminal cases, the state will attempt to use whatever evidence it can to show that the defendant is guilty of the crime(s) with which he/she is charged. What such evidence consists of depends on the nature of the case. For example, in a recent case near Jacksonville,…
Jacksonville Criminal Lawyer Blog
It is Important to Understand the Concealed Firearm laws in Florida
Due to recent events, new reports have indicated that firearm and ammunition purchases have increased significantly in 2012 and into 2013. As more and more people purchase and own firearms, it is very important that they know the laws regarding firearms possession and ownership in Florida. Florida has very severe…
Suspect Refuses Treatment at Jail, Gets a DUI Blood Test
In Florida, when a person gets arrested for driving under the influence of alcohol, or DUI, he/she is going to get taken to jail. In the Jacksonville area, he/she will stay in jail until he/she goes in front of a judge either the next morning or next afternoon depending on…
State May Subpoena Medical Records and Blood Test Results in Certain DUI Cases in Florida
In most driving under the influence of alcohol (DUI) cases in Florida, the police officer will ask the driver to consent to a breath, or breathalyzer, test which uses the driver’s breath to try and measure the driver’s blood alcohol content. The legal blood alcohol limit in Florida is 0.08.…
Police in Florida Can Approach Suspect and Ask Basic Questions
In Florida, the United States and Florida constitutions afford citizens certain rights to prevent police officers from unreasonably stopping them, detaining them and searching them. The term “unreasonable” in this context refers to police searches and seizures that are done without sufficient, specific evidence to establish the person is involved…
In Burglary Case in Florida, State Has To Prove Defendant Did Not Have Permission to Enter
In Florida, burglary is a very serious felony crime. Generally, a burglary is committed by entering some structure with the intent to commit a theft or some other crime inside. A person does not need to actually go all the way into the structure to commit the crime of burglary.…
Former Police Ask Federal Government to Respect New State Marijuana Legalization Laws
As many people are aware, Colorado and Washington recently passed laws legalizing marijuana to some extent. In the past, when California passed laws legalizing medical marijuana dispensaries, the federal government seemingly ignored the state’s wishes and raided these medical marijuana dispensaries that were legal under state law. For some reason,…
Record Number of People Are in Favor of Legalizing Marijuana
As our government continues to pour money down the most wasteful government program in the history of mankind, also known as the war on drugs, the public seems to be more and more in favor of reversing course to some degree and legalizing marijuana. A recent survey conducted by Public…
Texting and Driving May Be Illegal in Florida Soon
In some states, it is illegal to text while driving. In Florida, there is no law against it, but that will likely change soon. There are bills moving through the Florida legislature that would make it illegal to text and drive. If one of the bills becomes the law in…
Florida Police Cannot Detain a Person For DUI Due to Sleeping in Vehicle
As an initial matter, people need to understand that they can be arrested for driving under the influence of alcohol or drugs (i.e. DUI) even if the police never see them driving a vehicle. If a person is in actual physical control of the vehicle, that is sufficient for a…