When a person is charged with a crime in Florida and either pleads guilty or no contest or has a trial and is found guilty, he/she may get sentenced to a term of probation. When a person is on probation, he/she usually has to complete certain conditions of probation. Examples…
Jacksonville Criminal Lawyer Blog
Criminal Defense Lawyers in Florida Must Properly Advise Defendants of Any Immigration/Deportation Consequences
As criminal defense attorneys in Florida, we handle a lot of cases where a person who is not a United States citizen has been arrested on criminal charges. When a person who is not a U.S. citizen has been arrested for a crime, it is crucial that he/she be properly…
Defendant Cannot Use Florida Stand Your Ground Law When He Uses a Firearm and is a Convicted Felon
Much has been made of the Florida Stand Your Ground law since it made national news with the George Zimmerman/Trayvon Martin case. The Florida Stand Your Ground law generally stands for the idea that a person can use force to protect him/herself or another from the imminent threat of unlawful…
Injuring an ‘Elderly Person” is a Special Crime in Florida
In addition to the regular crimes of violence from a misdemeanor like battery to a more serious felony like aggravated assault, there is a specific crime in Florida that deals with injuries to an elderly person. What would normally be a misdemeanor battery could become a more serious felony charge…
Normally a Search Warrant is Required to Search a Person’s House for Drugs
In Florida, if the police want to search a person’s home for drugs or other incriminating evidence, they would normally need a search warrant that can only be validly obtained if the police have probable cause to believe drugs or other evidence is in the home. The police can always…
Defendant’s Statement Thrown Out Where Police Did Not Provide Access to Criminal Lawyer
When a person is arrested for a criminal case in Florida, he/she has a right to speak with an attorney prior to giving any statement to police and have an attorney present during questioning if he/she wants to talk to the police. We feel it is very important that everyone…
Criminal Lawyer Tries to Get Florida Prostitution Case Dropped Due to Outrageous Conduct by Police
In a recent case south of Jacksonville, Florida, police arrested the defendant for offering to engage in prostitution for money. In this case, an undercover police officer contacted the defendant to engage her for prostitution over the phone. They met in a hotel room where the police had set up…
Florida Stand Your Ground Law May Be No Defense If You Instigate Conflict
The Florida Stand Your Ground Law has received national attention over the last several months because of the George Zimmerman case. The Florida Stand Your Ground Law was enacted in 2005 and provides immunity for defendants who qualify under the law. This immunity is not a defense at trial, but…
Breath Alcohol Test Result Thrown Out in DUI Case Where Officer Lied to Defendant About Release From Jail
In Florida, the police have a right to expect a person to submit to a breath alcohol test, or breathalyzer test, when they make a valid arrest for DUI. The law of informed consent means that a person agrees that he/she will submit to a breathalyzer test after a valid…
In Florida, Abandoned Property Can Be Searched by Police Without a Search Warrant or Probable Cause
The general rule in Florida is that a police officer cannot search a person’s belongings unless an established legal exception applies. Examples include: consent, a search warrant, a search incident to an arrest and probable cause to believe incriminating evidence is present and exigent circumstances. However, if a person abandons…