In Florida, police officers are generally able to stop vehicles when those drivers commit traffic violations. This does not necessarily require a moving violation such as speeding or running a red light. It could also involve some problem with the vehicle itself. Once the police officer stops the driver for…
Jacksonville Criminal Lawyer Blog
Police Illegally Arrest and Search Suspect for Violating County Ordinance in Florida
Most of the criminal laws people know about are laws that are promulgated by state legislatures or Congress. However, cities and counties can also enact laws that make certain conduct illegal. But not all of these city or county laws allow the police to arrest someone for a violation. Apparently,…
Expunging a Criminal Record in Florida Does Not Necessarily Eliminate All Records, Such as DNA Records
Florida law allows a person to seal or expunge a criminal case under certain, limited circumstances. This is a great option for people who are eligible as a criminal record of any kind can be a serious detriment to future job prospects. For an expunction, a person is eligible if…
Does Sending a Photograph Over Social Media Constitute a Crime in Florida?
In Florida, any person who sends a written or electronic communication threatening to kill or cause serious bodily harm to another or a family member of that person or threatens some other act of terrorism commits a serious crime in Florida. Under the Florida statutes, that conduct constitutes a second…
When Can the Court Order Restitution in Florida Criminal Cases?
In Florida criminal cases, if and when a defendant either pleads guilty or no contest or is convicted at a trial, the court will normally order restitution as part of the defendant’s sentence if there is a victim who lost money or property as a result of the crime. This…
Can the Police in Florida Get Blood to Test for Alcohol in a DUI Case Where the Driver is Unconscious?
In Florida, most DUI cases involve some alleged traffic violation followed by a DUI investigation and an arrest. If the police officer thinks the driver is impaired from drugs or alcohol, and usually the officer makes that decision early and quickly, that officer is going to make the arrest. Everything…
Odor of Alcohol and an Open Container are not Sufficient for a DUI Investigation in Florida
In Florida, if a police officer pulls a driver over and there is any indication of alcohol or impairment, that officer is likely to initiate a DUI investigation. That will usually involved specific questions about drinking, field sobriety exercises and a breathalyzer at the jail after the driver has been…
Florida Court Appears to Change the Florida Law Pertaining to Driving With a Suspended License as a Habitual Traffic Offender
In Florida, driving with a suspended or revoked license is not a particularly serious charge, as a first time charge, but it can lead to more serious charges and more serious penalties. A driving with a suspended or revoked license (DWLS) charge can also quickly snowball into a situation where…
Florida Defendant Argues For Stand Your Ground Protection After Shootout With Police Officers
In Florida, the Stand Your Ground law received a lot of attention over the years, particularly in relation to the Trayvon Martin case. The Florida Stand Your Ground law is not a particularly radical law. It is essentially a self defense law that allows a person to use reasonable force,…
Unauthorized Driver of Rental Car Still Has Standing to Challenge an Illegal Police Search in Florida
In Florida, when police search something, such as a vehicle, and find drugs or other evidence of illegal activity, the defendant can normally file a motion to suppress the evidence based on an illegal search under the Fourth Amendment. However, not every defendant has a right to challenge every search…