In this drug case near Jacksonville, Florida, the defendant was arrested for sale of marijuana in 2007. However, the state did not file the marijuana charges until 2010. The criminal defense lawyer for the defendant filed a motion to dismiss the charges claiming that the three year delay was a…
Jacksonville Criminal Lawyer Blog
Paramedic Takes Blood From DUI Suspect And Gives it to Police
In Florida, implied consent means that when a person accepts the privilege of driving on the roads in Florida by obtaining a driver’s license, that person consents to take a breathalyzer test if a police officer has probable cause to arrest the person for driving under the influence of alcohol…
Defendant Impersonating Criminal Defense Lawyer Convicted in Federal Court
A defendant from California who was accused of practicing law as a criminal defense lawyer without a license was charged with a variety of federal crimes, including mail fraud and wire fraud, and ultimately convicted and sentenced to nine and a half years in federal prison. The defendant never went…
Defense Lawyer Could Use Alleged Victim’s Facebook Messages Against Her in Sexual Battery Trial
Social networking websites like MySpace and Facebook have had major impacts in criminal cases. People will post messages on their Facebook pages, or post messages to another’s Facebook page, that they would not want coming out in a criminal trial. However, if the message is relevant to an issue and…
The Government Uses Your Cell Phone to Track You Without a Warrant
The government has been using people’s cell phones to track their current locations, and past locations, for some time without a search warrant. When a person has a cell phone, it sends a ping to the nearest cell phone tower. Cell phones with GPS devices, which include most of them…
Police Officer in Florida Cannot Arrest DUI Suspect Without Observing The Actual DUI Take Place
There is a difference in Florida between felonies and misdemeanors when it comes to a police officer’s right to arrest a suspect without having actually observed the crime take place. There are some exceptions, but the general rule is that a police officer cannot arrest a person for committing a…
In DUI Case, Police Officer Cannot Request Urine Test Just Because He Is Dissatisfied With Breath Test
In a recent driving under the influence (DUI) case near Jacksonville, Florida, the defendant was involved in a single car accident but was not hurt. The police officer arrived at the scene and observed empty beer cans in the defendant’s vehicle. The police officer then made all of the routine…
Police in Florida Can Stop a Driver for DUI for Improperly Tinted Windows
As criminal defense lawyers in the Jacksonville, Florida area, it is not uncommon for us to see cases that were initiated by police after a traffic stop because the vehicle’s windows were too darkly tinted. The police can stop a driver based on a reasonable suspicion that a traffic violation…
Leaving the Scene of an Accident in Florida
In Florida, if a person is involved in a traffic accident that results in property damage, an injury to someone or a death, that person must remain at the scene and provide the proper identification and insurance information. Failure to do so is a crime, referred to as leaving the…
Another Stand Your Ground Law Case in Florida
The Florida Stand Your Ground Law has received a lot of attention over the last few months. When a criminal defense attorney tries to utilize the Florida Stand Your Ground law, the criminal defense attorney is alleging the defendant is immune from prosecution under the law. In other words, the…