In Jacksonville, Florida, we handle a lot of drug cases that arise from an arrest after a drug dog or K-9 alerts to the alleged odor of illegal drugs in a vehicle. In many of these cases, the police officer makes a routine traffic stop and then is suspicious that…
Jacksonville Criminal Lawyer Blog
President Obama’s Proposed Budget Increases Funding for Anti-Drug Programs
Despite statements that he intends to decrease the budget deficit and focus less on certain drug crimes, President Obama’s proposed 2013 budget actually increases funding for anti-drug initiatives. The war on drugs goes on with seemingly no consideration for its spiraling costs and ineffectiveness in reducing the number of people…
Florida Highway Patrol Plans to Crack Down on Aggressive Driving
The Florida Highway Patrol has announced intentions to increase efforts to stop road rage incidents and aggressive driving. This should result in more traffic stops which should also lead to more arrests. Aggressive driving typically means following too closely, quick lane changes and speeding. Those actions typically just result in…
Search By Consent is Limited to Scope of Consent in Florida
In Florida, most people understand that the police cannot search a person’s home for drugs or other evidence of criminal activity without a valid search warrant or consent from someone with authorization. This privacy right may also extend to a person’s front and back yards. While a police officer may…
Defendant Cannot Challenge Illegal Search of His Co-Defendant in Florida
In Florida, if the police conduct an illegal search of a person and find drugs or evidence of other criminal activity, that person can challenge the search and have the evidence thrown out if successful. However, what if the police conduct an illegal search of another person that detrimentally affects…
Police Officer Brings Marijuana Into Jail, Blames Juvenile and Arrests Him
It is illegal in Florida to bring contraband into a jail or other detention facility. Normally, examples of contraband that bring about this criminal charge include drugs (legal or prescription), cigarettes and other tobacco products and weapons. If a person possesses contraband in, or brings contraband into, a county detention…
In Sexual Battery and Lewd or Lascivious Molestation Cases, Victim’s Prior False Accusations May Not be Admissible in Florida
In cases involving illegal sexual contact between an adult and a minor, often brought as sexual battery or lewd or lascivious molestation charges, one issue that often comes up is whether the alleged victim made prior false accusations of a sexual nature against someone else in the past. Anyone charged…
Operating as a Pawnbroker Without a License is a Felony in Florida
Anyone who wants to own a pawn shop or operate as a pawnbroker must obtain the proper license in Florida from the Department of Agriculture and Consumer Services. A separate license is required for each pawnshop. If a pawnshop changes locations, the pawnshop owner must give 30 days’ written notice…
The Community Caretaker Exception to a Warrantless Search in Florida
In Florida, the police are generally not allowed to search a person’s home for drugs or evidence of other crimes unless the police have a valid search warrant or consent from the owner or someone authorized to give consent to search. There are, however, exceptions to this general rule. One…
DUI Defendant Stopped For Improper Honking of Horn
Most DUI’s in Florida stem from a traffic stop. The police officer then decides that the driver is impaired from alcohol or drugs and initiates a DUI investigation which usually involves questions about drinking/drugs, a field sobriety test and a breathalyzer test. However, in order for a DUI arrest to…