One often overlooked element of a DUI (“driving under the influence of alcohol or drugs”) charge is the requirement that the state must prove beyond a reasonable doubt that the defendant was either driving the vehicle or in actual physical control of the vehicle while impaired from alcohol or drugs.…
Jacksonville Criminal Lawyer Blog
U. S. Government Set To Make Two New Drugs Illegal
Despite the obvious and incomprehensibly expensive failure of the war on drugs, the United States government continues to expend time, resources and of course, money into making more and more drugs illegal. This time, the targets of the government are synthetic stimulants, or “bath salts”, and synthetic marijuana, or “fake…
Legalizing Marijuana May Result in Fewer Traffic Deaths
A new study found that traffic fatalities declined in states that legalized medical marijuana. The study looked at the relationship among marijuana laws, alcohol consumption and traffic-related deaths. The results were an almost 9% decline in traffic fatalities and a 5% decline in beer sales in states that legalized medical…
Defendant in Florida Found Not Guilty of Obtaining a Mortgage by Fraud and Theft Charges
The law firm of Lasnetski Gihon Law in Jacksonville, Florida handles all variations of white collar crimes. One of the cases for which our clients often request representation is the crime of mortgage fraud. As a result of handling a large number of mortgage fraud criminal cases, we have noticed…
State Cannot Charge Someone With Burglary if They Have a Sufficient Interest in the Property
In a recent criminal case south of Jacksonville, Florida, the defendant was charged with burglary of an occupied dwelling and other charges after the victim reported she was sleeping in an apartment and the defendant broke in and assaulted her. The victim had been staying at the apartment with a…
Police in Florida Have A Lesser Standard To Stop and Investigate a Person for Possible DUI
In Florida, in order for the police to stop a person and investigate him/her for a crime that is not a DUI, the police need “reasonable suspicion” that the person is involved in criminal activity. When the information comes from an ordinary citizen reporting the suspicious behavior to the police,…
Breathalyzer Test Given Before Defendant Was Arrested Was Not Valid in Florida
With DUI cases in Florida, a lot of people assume that the defendant is arrested only after he/she has submitted to a breathalyzer test that showed the defendant was drunk driving or impaired by alcohol. Otherwise, people understand that an arrest before a high breathalyzer reading is likely to be…
A Person Has Very Limited Privacy Rights in Pharmacy Records in Florida
As pain pill or pill mill cases become much more prevalent in Florida, one issue that we have looked at quite often is a person’s privacy rights in his/her pharmacy and medical records. In Florida, a person has clear privacy rights in his/her medical records. It requires a court order…
In Florida, What Does the State Have to Prove for Aggravated Assault on a Police Officer?
In Florida, an assault is an intentional verbal or physical threat to commit violence upon another person in such a way that it is apparent that the person making the threat has the ability to carry it out and the victim reasonably fears that the violence is imminent. An assault…
Federal Prisoners Convicted of Crack Cocaine Charges Are Being Released
As we have discussed several times in the past, the old laws dealing with prison sentences were very different for crack cocaine crimes as opposed to powder cocaine crimes. Basically, a person charged with an amount of crack cocaine often faced a much more severe prison sentence than a different…