In Florida, the crime of dealing in stolen property is committed when a person “deals” in property that he/she knows or should know is stolen. This is a second degree felony that is punishable by up to 15 years in prison. So how does the state prove that a person…
Jacksonville Criminal Lawyer Blog
The Crime of False Imprisonment May Require Less Than You Think
In Florida, false imprisonment is a felony crime. False imprisonment is normally a third degree felony that carries a maximum penalty of five years in prison. However, the charge can become much more serious if the victim is under 13 years of age and the child is seriously injured or…
It is a Crime to Access Confidential Data From a Computer Without Permission in Florida.
A crime that is not commonly charged but still exists in Florida deals with a person accessing a computer without authorization to take trade secrets or other confidential data. This came up in a recent criminal case after the defendant was charged with accessing her company’s client list, downloading it…
Urine Test Thrown Out in DUI Case After Police Coercion
In Florida, when a person receives a driver’s license, he/she is consenting to take a blood alcohol test if the police have a legal basis to request one during a proper DUI investigation and the police follow proper legal procedures. A person can refuse a breathalyzer, urine or blood test…
Another Florida Stand Your Ground Law Example
With the Trayvon Martin/George Zimmerman case getting so much attention along with the Florida Stand Your Ground law, we thought we would provide some examples of how the law works in practice. This is the second example we have discussed of a case where the Florida Stand Your Ground law…
Can a Police Officer in Florida Search You if He Sees Part of a Concealed Handgun?
In Florida, possession of a firearm is not illegal unless the person is a convicted felon. Possession of a concealed firearm is illegal unless the person has a concealed firearm permit. If a police officer sees a person in possession of what appears to be a handgun and does not…
Battery and the Stand Your Ground Law in Florida
The Florida Stand Your Ground law is getting a lot of national attention recently as a result of the Trayvon Martin/George Zimmerman case. The Florida Stand Your Ground law and justifiable use of force laws provide as follows: 1) a person can use nondeadly force when he/she reasonably believes it…
Florida Police Still Cracking Down on Pain Clinics
We have written several posts about state and federal law enforcement agencies focusing on what they call “pill mills” throughout Florida. We have represented many people in state and federal court who are charged with having some association with an illegal pain clinic ,or pill mill, in Florida or Georgia.…
Possession of Recently Stolen Items is Evidence of a Burglary in Florida
In Florida, a burglary is committed when a person enters a residence, vehicle or other structure with the intent to commit certain crimes therein. Most of the time, the crime that the person intends to commit is a theft. Burglary is a serious felony crime in Florida. One obvious way…
Failing to Appear in Court is a Separate Crime in Florida
When a person gets arrested and charged with a crime in Florida, whether for a misdemeanor or felony, that person will likely have multiple, periodic court dates until the case is finally resolved. At each court date, the defendant is told when to appear at his/her next court date. If…