When a person is driving under the influence of alcohol or drugs to the extent that his/her normal faculties are impaired and gets into an accident, the DUI charge becomes much more serious. If another person is seriously injured in the accident, the driver will likely be charged with DUI…
Jacksonville Criminal Lawyer Blog
Defendant’s Stand Your Ground Claim Successful in Florida Aggravated Assault Case
As many people have become aware since the popularity of the George Zimmerman/Trayvon Martin case, the Florida Stand Your Ground law allows a criminal defense lawyer representing a defendant charged with a crime of violence to file a motion to have the case thrown out based on the idea that…
Federal Government Not Prosecuting Wall Street Executives
Despite the havoc that has occurred with the economy, mortgages and the banking system over the last several years, no Wall Street executives have been prosecuted since the economy went down the drain in 2008. One can only imagine the fraud and illegalities that were occurring to have such a…
In Florida, Driver Cannot Give Police Consent to Search Passenger’s Property
In Florida, police officers are allowed to search a person or his/her property in limited circumstances. One situation where a search is usually legal is when the owner of the property or the person with authority over the property gives the police consent to search the property. However, a person…
Police Follow Defendant Into His Home, Find Marijuana, But Case is Thrown Out
People in Florida have very strong privacy rights in their homes, and police can only enter a person’s home in limited circumstances. Normally, the police will either need a valid search warrant, consent from an authorized person or an emergency making it necessary to enter a person’s home when there…
In DUI Case, Defendant’s Admission of Driving, By Itself, May Not Be Sufficient to Support DUI Conviction
In a DUI (driving under the influence of alcohol or drugs) case in Florida, the state must prove that the defendant was driving the vehicle or at least in actual, physical control of the vehicle while impaired. In most cases, this is easy as most DUI cases start when the…
Uttering Forged Check Case Reversed When Police Officer Improperly Identifies Defendant
In an uttering a forged check case near Jacksonville, Florida, the defendant was charged with allegedly going into a bank and cashing a check that was forged. Once the bank realized the check was forged, they called the police. The police officer obtained the check and saw that it was…
Facebook Friend Request Is Considered “Contact” in Domestic Violence Case
In just about all domestic battery cases in the counties in and around Jacksonville, Florida, the judge will place a no contact order on the defendant when he/she is released on bond while the case is pending. Even when the domestic battery case is very weak and looks like it…
Some Statistics on the Cost of Federal Prisoners
The United States Department of Justice (DOJ) recently issued a statement indicating what everyone else already knows- continuing to increase prison populations is getting extremely expensive and is unsustainable in the current economic environment (or any other realistic environment for that matter). The DOJ asked the United States Sentencing Commission…
A Successful Stand Your Ground Law Claim in Florida
We have discussed the Florida Stand Your Ground law in Florida many times on this website. Basically, it allows someone to use force to protect himself or another from someone he/she reasonably believes is about to use force against him/her or another. It also allows a person charged with a…