We have discussed how the various law enforcement agencies seem to follow the issues of the day when making priorities out of certain crimes. While violent crimes are normally always priorities, when it comes to theft or white collar crimes, different crimes seem to grab the attention of the police…
Jacksonville Criminal Lawyer Blog
Federal Prisoners Can Request a Reduced Sentences on Crack Cocaine Charges
In the past, we have discussed the unequal treatment given to defendants who have been arrested for drug crimes where the primary difference was whether the illegal drug was crack cocaine or powder cocaine. Under the old federal criminal laws, people arrested and charged with crack cocaine crimes faced much…
Internet Pharmacy Employees Arrested for Dispensing Drugs Without a Pharmacist
In a recent criminal case south of Jacksonville, Florida, the police were investigating a location from which prescription drugs like Hydrocodone and Oxycodone were being dispensed pursuant to internet orders with the involvement of a pharmacist. Police observed a warehouse and saw some employees loading packages into vehicles that were…
In Florida, Police on School Grounds Have Much Greater Authority to Search Students
Normally in Florida, the police cannot search a person or his/her vehicle, home or other belongings without probable cause and a search warrant or consent to search. Students in school do not enjoy those same protections from searches and seizures by police or school officials. In a recent gun case…
An Example of Insufficient Evidence to Prove Constructive Possession of Marijuana in Florida
In Florida, the state can prove possession in one of two ways. The most obvious involves actual possession. For instance, marijuana found in a person’s hand or pocket would constitute actual possession of marijuana. However, even when a person is not in actual possession of drugs, the state can still…
Police Trespass on Property to Investigate Marijuana Growing Case
In a recent case south of Jacksonville, Florida, the police went well beyond what is permissible under Constitutional search and seizure law and trespassed upon a person’s property in order to investigate a complaint relating to growing marijuana. In this case, the police received an anonymous tip that the suspect…
Florida Drug Case Thrown Out After Police Enter Backyard Without a Search Warrant
In Florida, the Constitutional protection against illegal searches and seizures by police is strongest when it involves a person’s privacy interest in his/her residence. Normally, a police officer cannot search a person’s house, apartment or other residence without a valid search warrant or consent to search by a person authorized…
In Florida, Police Officer Needs Reasonable Cause to Believe DUI Suspect Used Drugs to Take Urine Sample
In most DUI cases, when a police officer claims to observe signs of impairment of a driver, the police officer will request the suspect to take a breathalyzer test to determine if the driver is driving under the influence of alcohol (i.e. DUI). Florida law allows a police officer to…
When Police in Florida Have a Search Warrant for Your House, What Else Can They Search?
In Florida, in order for the police to have a right to search a person’s house, they normally will need a valid search warrant signed by a judge. Police typically obtain a search warrant for a person’s house after conducting surveillance and observing drug related activity at the house or…
Criminal Defense Lawyers Are Required to Tell Client of Deportation Risk Before Entering Guilty Plea
If you have been charged with a crime in Florida, or any other state, and you are not a United States citizen, you may be at risk of suffering immigration related penalties, such as deportation, as well as the normal criminal penalties. If your criminal defense lawyer is not familiar…