In Florida, there are different types of battery crimes that have different ramifications for people charged with those crimes. A battery charge in Florida can be a misdemeanor, punishable by no more than one year in jail, or a felony, punishable by more than a year in prison, depending on…
Jacksonville Criminal Lawyer Blog
Drug Dog or K9 Alert for Drugs is Insufficient to Allow Police Search
In Florida, a common scenario in drug cases occurs when the police pulls a driver over and suspects the driver has illegal drugs in his/her vehicle. The piolice officer may ask for consent to search the vehicle for drugs, or the police officer may bring a drug dog, or K9,…
Police Show of Authority is Sufficient for a Seizure
In Florida, police officers are not allowed to seize a person without a reasonable belief based on specific facts that the person is engaging, or is about to engage, in criminal activity. If police officers do seize or detain a person without the required reasonable suspicion, any evidence found on…
In Florida, Police Can Stop Vehicle When The Vehicle is Different From Registration Description
In Florida, when a person purchases a vehicle, he/she must register it with the state and purchase a license tag. When applying for a license tag, the person must provide his/her information as well as a description of the vehicle that remains in the state database. This includes the make,…
The Difference Between Robbery, Robbery By Sudden Snatching and Theft in Florida
In Florida, there are separate crimes for theft, robbery and robbery by sudden snatching. Under the Florida criminal laws, a theft occurs when someone takes the property of another without permission either permanently or temporarily. This crime does not involve taking the property by force or threat. For instance, if…
State Limited to One Possession of Firearm/Ammunition by Convicted Felon Charge Per Transaction
In a recent criminal case in Jacksonville, Florida, the police were executing a search warrant at the defendant’s home and found several guns throughout the house along with ammunition for some of the guns. The defendant had previously been convicted of a felony. In Florida, a convicted felon is not…
Federal Judge Decides Ecstasy Penalties Are Too Harsh Under Federal Sentencing Guidelines
A federal judge recently declined to sentence a defendant with ecstasy charges within the federal sentencing guidelines because he felt the federal sentencing guidelines punish ecstasy crimes too harshly and are not scientifically justified. In federal court, when a defendant pleads guilty or is convicted at trial, the judge will…
In Florida, a Second Battery Conviction is a Felony
In Florida, a battery crime is defined as intentionally striking, or even touching, another person against his/her will. This is obviously a very broad definition of criminal activity that can include a lot of conduct, and even harmless conduct. Slightly pushing someone with no injury whatsoever can come under the…
In Florida DUI Case, State Cannot Use Blood Test Refusal Against Defendant if Breathalyzer Was an Option
In Florida, where the police officer has probable cause that a person is drunk driving or driving under the influence of alcohol (i.e. DUI), the police officer has a right to ask the driver to submit to a test to measure the alcohol content of a person’s blood. In Florida,…
Increase in Abuse of Prescription Pills Results in More Pharmacy Robberies
Traditionally, cocaine, crack and marijuana cases were the majority of drug cases that appeared in criminal courts in Florida. Over the last several years methamphetamine and pill cases have become much more common. According to the Centers for Disease Control and Prevention, prescription painkillers have caused more fatal overdoses than…