Felony Crimes

Felony Driving With a Suspended License Case Thrown Out Due to Illegal Seizure

Published on: January 23, 2011 | by Lasnetski Gihon Law

In a recent felony driving with a suspended license case in Florida, the charge was thrown out because the court determined that the police officer illegally seized the defendant before he learned the defendant’s license was suspended. This is an important case because we see the same situation arise in DUI cases.

In this case, the police officer saw the defendant sleeping in the driver’s seat of his vehicle in a parking lot with the car running. It was early in the morning, and the parking lot was otherwise empty. The police officer approached the vehicle and saw the defendant apparently asleep in the car. The police officer knocked on the driver’s side window and woke him up. The police officer did not notice anything illegal going on or any cause to be concerned for the driver’s safety. After waking him up, the police officer ordered the driver to turn off the car. The police officer then asked the driver for his license and learned he had a suspended license. Because he had several prior driving with a suspended license convictions, the driver was charged with felony driving with a suspended license, which carries a maximum penalty of five years in prison in Florida.

The criminal defense attorney for the driver filed a motion alleging that the police officer illegally seized the driver before learning he had a suspended license. The police are not allowed to detain, or seize, a person so that he/she is under the impression that he/she cannot leave without reasonable suspicion of criminal activity, or specific evidence that the person needs assistance. In this case, the police officer did not have any specific reason to believe the driver was committing a crime when he approached the vehicle. When the police officer ordered the driver to turn off his car, the driver was under the impression that he could not leave and was being detained. Because the police officer did not have any specific legal reason to make that demand of the driver, it was an illegal seizure. As a result, any evidence the police officer uncovered (such as the evidence that his driver’s license was suspended) was a result of an illegal search and seizure and was thrown out. The charge of driving with a suspended license was thrown out with that evidence.

Violent Crimes and Property Crimes Still Decreasing Across US, Pill Cases Increasing

Published on: December 24, 2010 | by Lasnetski Gihon Law

Last year, we posted about how violent crimes and property crimes have decreased despite the recession and difficult financial times for many people. The common thinking was that as times get tough for people, more people would commit crimes. That was not the case in 2009, and it does not appear to be the case in 2010. According to a recent article citing FBI statistics, violent crimes and property crimes have continued to decline in 2010 even though the economy has arguably improved very little. Violent crimes have actually dropped 6.2% in the first half of 2010, and property crimes dropped 2.8%. The 2010 numbers are part of a three year trend of fewer crimes across the country. Experts have not been able to come up with many reasons why crime has been consistently dropping as the economy has declined. However, the trend appears to be pretty clear after three years.

One area where crime has increased is in the area of illegal pills. As criminal defense lawyers in the Jacksonville, Florida area, we have seen many more cases involving people arrested for illegally possessing various pills (such as Oxycontin, Oxycodone, Hydrocodone, Xanax and others) without a prescription and distributing such pills illegally. The police are also vigorously going after pain clinics and other medical providers whom they allege are dispensing these narcotic pills improperly. While overall crime may be trending downward, the police are still focusing on particular areas where they allege crime is still going strong. Based upon our observations, there is little doubt that the distribution and possession of illegal pills is an area on which the police are currently focusing.

St. Augustine Man Arrested for Vehicular Homicide

Published on: November 9, 2010 | by Lasnetski Gihon Law

A man in St. Augustine, St. Johns County, Florida was arrested after he allegedly hit and killed a pedestrian with his vehicle and fled the scene of the accident according to an article on News4Jax.com. The article indicates the suspect struck Brian Stevenot near U.S. 1 and killed him. The suspect then allegedly drove away from the scene to try and remove the evidence of the accident from his vehicle. A friend later went to the police and reported the fact that the suspect hit the man and then was attempting to clean his vehicle and remove the parts that showed damage from the crash. Based on the friend’s statement to police, the suspect was arrested for vehicular homicide and tampering with evidence.

In Florida, it is illegal to be involved in any sort of traffic accident that results in property damage or injury and then fail to remain at the scene for the police to investigate the crash and provide information. If a person does leave the scene after such an accident, he/she can be charged with anything from a misdemeanor to a serious felony depending on the severity of the crash. The purpose of the law, of course, is to avoid situations like this where it becomes very difficult for police to determine how the accident occurred if the person involved in the accident does not stay around to speak with police. Additionally, breath and blood tests to determine if the driver was impaired are not effective if they are done too long after the crash.

The tampering with evidence charge addresses a person who attempts to conceal or alter evidence that would be helpful to the police in proving the crime. If a person commits a crime and then takes steps to conceal or alter evidence of the crime, he/she can be charged with the additional crime of tampering with evidence. Of course, the tampering with evidence charge also serves to help the state prove the underlying crime. It is easier for the state to prove a person committed a crime when there is evidence that the same person took steps to tamper with the evidence.

Driver Leaves the Scene of a Crash and Returns 10 Minutes Later. Is This a Crime in Florida?

Published on: May 20, 2010 | by Lasnetski Gihon Law

I read an article on a local Jacksonville website about an accident that occurred on Beach Boulevard in Jacksonville, Florida where a driver ran into the back of a motorcycle and then left the scene only to return with her mother ten minutes later. Is this a crime in Florida?

Most people are aware that all drivers have an obligation to remain at the scene of an accident that results in property damage and/or injury to exchange insurance and identification information. If a person is involved in an accident and leaves the scene without providing the required insurance and identification information, he/she commits a crime in Florida. If a person is injured in the crash, the hit and run crime is a third degree felony. If someone dies in the crash, the hit and run crime is a first degree felony with a mandatory minimum sentence of two years in Florida state prison. On the other end of the spectrum, if the accident results in property damage only, the hit and run crime is a misdemeanor.

What happens if a person keeps driving for some period of time but then decides to return to the scene of the accident? Technically, this is still a crime. The hit and run (aka leaving the scene of an accident) criminal statute says the person must stop at the scene of the crash immediately. Of course, police and prosecutors have discretion to forego an arrest or prosecution for a person who leaves but comes back on his/her own. However, as criminal defense lawyers who have handled many hit and run cases, we have seen cases where a person leaves the scene temporarily but returns and is still arrested and charged with a crime. In some cases, a person who temporarily leaves the scene may have an emergency which would provide a good defense to hit and run charges if the state decided to pursue them

Several Jacksonville Contractors Arrested for Allegedly Working Without a License

Published on: May 5, 2010 | by Lasnetski Gihon Law

A six month Jacksonville, Florida investigation that involved multiple law enforcement entities ended with the arrest of thirty-one people recently, according to an article on News4Jax.com. The undercover law enforcement agents apparently advertised on the Internet on websites like Craigslist for contractors to perform home repairs and other projects typically done by contractors and subcontractors. If the individuals who responded to the ads attempted to perform the work without the required contractor’s license from the Florida Department of Business and Professional Regulation, the people were arrested.

Florida law makes it criminal for contractors to do certain things without a contractor’s license. For instance, it is a crime in Florida to give someone the impression or advertise that he/she is licensed when he/she is not, impersonate someone who is licensed, knowingly give false information to obtain a contractor’s license and do any work that requires a contractor’s license without a license.

For first time violators of this law in Florida, it is a first degree misdemeanor which can be punishable by up to a year in jail. However, the crime can become a third degree felony punishable by five years in prison under certain circumstances. If a person commits a second violation of this law, it is a third degree felony. If a person commits a violation after the Governor declares a state of emergency, perhaps after a hurricane, it is a third degree felony even for a first time violation.

Jacksonville, Florida Woman Sentenced to 15 Years in Prison for Vehicular Homicide

Published on: April 8, 2010 | by Lasnetski Gihon Law

A Jacksonville woman was sentenced to 15 years in the Florida state prison after a guilty verdict in a vehicular homicide case. According to police and prosecutors, the woman was driving after taking Ambien, Xanax, cocaine and other drugs. She hit and killed a pedestrian on the Trout River Bridge in Jacksonville before crashing her vehicle. Prosecutors ultimately charged her with vehicular homicide which carries a maximum sentence of 15 years in prison.

The crime of vehicular homicide in Florida can be committed in various ways. Most people are familiar with the term DUI manslaughter which often involves a person who is impaired by alcohol causing an accident that results in the death of another person. However, according to the Florida statute, the crime of vehicular homicide can be committed by a person who is intoxicated by alcohol, by illegal drugs, by legal prescription drugs or not intoxicated at all.

The crime of vehicular homicide does not necessarily require that a person is intoxicated or impaired, but rather focuses on whether a person is driving recklessly and causes a death. There is no clear definition of reckless driving but it is viewed as driving that is above and beyond more routine negligent driving that is likely to cause an accident with serious injury or death. An example of negligent driving which is not sufficient for a vehicular homicide charge would be speeding or running a red light. An example of reckless driving would be excessive speeding in a residential or school zone or driving while impaired by alcohol and/or drugs. In most cases, the reckless driving is caused by alcohol and/or illegal drugs. However, alcohol and/or illegal drugs are not a requirement. There are cases where a person is charged with vehicular homicide without alcohol or illegal drugs being involved. But in those cases, there is usually some very dangerous driving or some other factor that made it likely that the driver would cause a serious accident resulting in death or serious injury.

Florida Police Investigating 7 Year Old Hit and Run Death Case

Published on: March 27, 2010 | by Lasnetski Gihon Law

The Florida Highway Patrol received new information about a 2003 hit and run case that involved a fatality and are actively looking for their new suspect, according to an article on News4jax.com. The article indicates that an informant has given the police the identity of a man who was involved in an accident in 2003 that killed another man. The suspect then left the scene of the accident.

One question one may ask about this case is whether a person can be charged with a crime 7 years after the crime occurred. The statute of limitations can prevent the state from moving forward with charges if too much time has passed. The amount of time depends on the type of charges and certain other factors. However, when the crime involves a death, there is no statute of limitations in Florida.

However, in defense of the suspect, a criminal defense lawyer would obviously investigate why it took so long for this informant to come forward and identify someone 7 years after the crash. And, under what circumstances did this informant come forward? Is the informant facing charges of his own, and is he/she looking for some way to get a break from the state? Additionally, how good is the informant’s memory, and what details can he/she remember 7 years later? Are there other facts that corroborate the informant’s information?

Jacksonville Man Arrested After Accident Killed Police Officer

Published on: February 9, 2010 | by Lasnetski Gihon Law

A Jacksonville man still in the hospital was arrested for DUI manslaughter and other charges after being involved in an accident that caused the death of a St. Johns County deputy. According to reports following the crash, the suspect was driving the wrong way on State Road 9A in Jacksonville and had been drinking prior to the crash. The reports indicate that the suspect submitted to a breathalyzer test that showed his blood alcohol level to be almost twice the legal limit of 0.08.

As most people know, if a person drives while under the influence of alcohol to the extent that his normal faculties (i.e. vision, judgment, coordination, balance, speech, etc) are impaired, he/she can be charged with DUI, which is a misdemeanor crime. Although a first or second DUI will always be a misdemeanor, that crime has reached the point where the penalties can be quite severe including jail, probation, community service, a large fine and a suspended license.

However, the charge of DUI can also be a felony charge in some situations and result in much more serious penalties such as significant prison time. If a person gets a third or fourth DUI, the State may have the option of charging the defendant with a third degree felony that carries a maximum penalty of five years in prison. However, the State in the Jacksonville, Florida area typically will still charge those cases as misdemeanors.

Fleeing or Attempting to Elude Police Case Thrown Out in Florida

Published on: January 25, 2010 | by Lasnetski Gihon Law

In a recent criminal case that occurred west of Jacksonville, Florida a person was arrested and charged with fleeing or attempting to elude a police officer after he fled from a police officer trying to make a traffic stop. Fleeing or attempting to elude a police officer is a serious criminal charge in Florida. Assuming there is no accident or injuries as a result of the fleeing, tt is a third degree felony which can carry a maximum sentence of 5 years in prison.

In this case, the police officer testified that he saw the suspect driving a vehicle on which the taillights were broken. The police officer tried to stop the suspect, and the suspect fled in his vehicle. The suspect was ultimately caught and arrested.

In order for the state to prove the crime of fleeing or attempting to elude a police officer in Florida, the state must establish that the defendant intentionally tries to get away from a police officer’s vehicle that is properly marked with the police agency’s insignia and its siren and emergency lights activated. In other words, the state has to prove that the suspect intentionally tried to flee and would have known the person chasing him/her was a police officer because the police vehicle was properly marked and lit.