We recently reviewed a drug case in the Jacksonville, Florida area with the following facts. The police received a general tip of illegal drug and other criminal activity occurring in the suspect’s home. That certainly was not a sufficient basis to obtain a search warrant so the police decided to…
Jacksonville Criminal Lawyer Blog
Police Cannot Claim Protective Sweep as a Basis to Search a Person’s House When No Threat Exists
Police officers in Jacksonville, Florida or other areas of Florida may search a person’s house after an arrest based on the idea that someone else may still be in the house who poses a threat to the police officers. This kind of search is known as a protective sweep. For…
Children in Court
A times, people contact Lasnetski Gihon Law to offer to submit a post or article for our Jacksonville Criminal Lawyer Blog. The following article was submitted by Kimberly Peterson who writes about online criminal justice degrees. She invites you to send your feedback to her at KimPeterson2006@gmail.com. The establishment of…
Police May Try and Search Your House Without Probable Cause or a Search Warrant. Know Your Rights.
When police want to search a person’s house for illegal drugs or other evidence of criminal activity, the general rule is that they need to have probable cause and a search warrant signed by a judge to do so. However, there are circumstances where a police officer may be able…
Are Men and Women Equally Affected by Identity Theft Crimes?
Not according to a recent survey. Those survey results indicated that women are more negatively affected by identity theft crimes than men. Affinion Security Center surveyed 808 households and found that women are 26% more likely to be victims of identity theft than men. Additionally, on average, women lose more…
How is a Self Defense Argument Presented in a Criminal Case in Florida?
In Florida, a person who has been arrested for a crime of violence, such as aggravated assault, cannot be prosecuted for that crime if he/she was justified in using force, i.e. committed the act in self-defense. In other words, Florida law provides that a person can use force against another…
Medical Marijuana Laws Becoming More Prevalent in the United States, But Not the South
In some states, although not Florida, it is legal to purchase and smoke marijuana for medicinal purposes. Of course, in other states, such as Florida, purchasing and possessing a certain amount of marijuana will get you charged with a crime that carries a minimum mandatory three year prison sentence. We…
Federal Government Devoting More Resources to White Collar Crime Cases
Under the Obama Administration, the Department of Justice has indicated an increased focus on mortgage fraud and other white collar crimes. We have discussed this marked increase in investigations and prosecutions of various white collar crimes in previous blogs here , here and here. However, a recent press release from…
Supreme Court Ruling Makes Convictions for Crime of Aggravated Identity Theft More Difficult
A U.S. Supreme Court ruling on the federal crime of aggravated identity theft makes it harder for the government to obtain a conviction for that crime. Several months ago, we wrote about how the U.S. government was using the federal crime of aggravated identity theft as a tool to deport…
New Law May Eliminate Differences in Sentencing Between Crack Cocaine Cases and Powder Cocaine Cases
The U.S. Department of Justice under the Obama administration has indicated an opposition to the current disparities between sentences in crack cocaine cases versus powder cocaine cases in the federal criminal system. Currently, as a result of the Anti-Drug Abuse Act of 1986, mandatory sentences in federal criminal cases are…