Misdemeanor Crimes

Record Number of Arrests for Underaged Drinking of Alcohol in Jacksonville, Florida

Published on: November 2, 2009 | by Lasnetski Gihon Law

Last week, we wrote about the greater number of DUI arrests that we expected over the Halloween and Florida-Georgia weekend in Jacksonville, Florida. True to form, police were out in force making DUI arrests throughout Jacksonville and Jacksonville Beach. In addition to DUI arrests, an article today indicated that Jacksonville and Jacksonville Beach police made more than 250 arrests for consuming or possessing alcohol by minors.

Most people understand the seriousness of a DUI arrest and the potential penalties that go with a DUI. For that reason, we make it clear that people should be very careful answering questions and submitting to tests when a police officer is investigating them for DUI.

Most people also think an arrest for underaged drinking or possession of alcohol is very minor. Often, when the police officer makes an “arrest” for this charge, the officer merely gives the person a ticket which is a notice to appear in court at a later date or a notice to set a court date in the future. Technically, this is still considered an arrest on your record. More importantly, the charge of possession or consumption of alcohol by a minor is a second degree misdemeanor crime in Florida which carries a maximum potential penalty of 60 days in jail. It is highly unlikely that you would get anywhere near that kind of jail time for possessing or drinking alcohol as a minor. However, you may simply enter a guilty plea to the charge without realizing that you have just received a misdemeanor conviction on his/her permanent criminal record. Depending on whether the judge adjudicates you guilty or withholds adjudication, you may never be able to seal your criminal record now or in the future.

Red Light Cameras May Be Coming to Jacksonville, Florida

Published on: October 27, 2009 | by Lasnetski Gihon Law

This year, the Florida legislature will be reviewing a proposed bill that would set statewide standards for cameras at intersections that take pictures of the license plates of vehicles that run red lights. Once the picture is taken of a vehicle that allegedly ran a red light, a traffic ticket is automatically mailed to the owner of the vehicle. Legislation regarding standards for red light cameras have been before the Florida legislature several times before, but they have not been able to agree on how to split the revenues.

We see a few problems with red light cameras. First, the ticket goes to the owner of the vehicle, but it is not clear what happens when the owner is not the person driving the vehicle when it goes through a red light. Does the state or county have to prove that the owner was driving or does the owner have to prove that he/she was not driving?

Additionally, as criminal defense lawyers, we represent many people who have been charged with the crime of driving with a suspended license. This can be a serious crime that results in jail time and a longer driver’s license suspension if a person gets multiple convictions. Many people have their licenses suspended without knowing it and do not find out until they are stopped by the police. If a vehicle owner is sent a ticket but does not receive it because it got lost in the mail or he/she changed addresses, that person may have his/her license suspended without knowing it. One could see how the system does not function properly resulting in a lot of people facing potential driving with a suspended license charges without knowing it until they are stopped by police and arrested.

Jacksonville, Florida Police to Address the Misdemeanor Crime of Racing

Published on: August 25, 2009 | by Lasnetski Gihon Law

Jacksonville police recently met to address the issue of racing in Jacksonville, particularly involving teenagers in the summer months. Jacksonville police are actually encouraging people to race on racing tracks as opposed to the roads. Illegal racing has increased in Jacksonville, according to an article on News4Jax.com. Jacksonville police noted that Jacksonville ranked number 3 in the country for motor vehicle accident deaths involving teenagers aged 16-19. A new Jacksonville Sheriff’s Office (JSO) program seeks to educate teenagers about the dangers of racing on regular roads and allow them to drive on a real racetrack.

In Florida, racing on the roads is a misdemeanor crime. The crime of racing has a broad definition and includes using a vehicle to outgain another vehicle, to prevent another vehicle from passing or to arrive at a destination ahead of another vehicle. The penalties for racing include a possible maximum jail sentence or probation of one year, a fine of $500 to $1,000 and a one year license suspension.

Police Arrest Escorts From Craigslist Website

Published on: April 1, 2009 | by Lasnetski Gihon Law

Police set up an undercover sting where they contacted the suspected prostitutes through the website Craigslist.com and arranged to meet them at a hotel in Atlanta, Georgia. When the two women arrived at the hotel and asked for $300 for their services, they were arrested on misdemeanor charges, according to an article on the local Atlanta newspaper’s website.

Craigslist is a website that allows people to advertise a variety of items and services for sale from homes and cars to lawyers and accountants. And prostitutes. The general Craigslist website has specific websites for particular areas and cities, including Jacksonville, Florida. While it is clear that escort services are advertised on Craigslist at times, I have not seen any articles or criminal cases indicating that the Jacksonville police are investigating and arresting people based on ads on Craigslist.

However, anyone advertising illegal services or the sale of illegal contraband, or responding to such an ad, should be aware that the Jacksonville Sheriff’s Office or other local police department may be monitoring the Craigslist website, and it may be a police officer on the other end of the transaction.

Police in St. Johns County, Florida to Target Underage Drinking

Published on: March 12, 2009 | by Lasnetski Gihon Law

With the 2009 spring break period coming up, police in St. Augustine and other areas of St. Johns County, Florida have indicated that they will increase their focus on underage drinking, particularly during the spring break weeks this month, according to an article on News4Jax.com. St. Johns County police have said that underage drinking has increased in their county and is more of a problem there than in Jacksonville, Florida and other surrounding locations.

Police in St. Johns County Florida have set up a hotline for people to report crimes involving underage drinking and plan to concentrate on high school and college parties and other locations where teenagers hang out. The police are also apparently going to focus on adults who sell or provide alcohol to minors. Police in St. Johns County, Florida will also test liquor store employees. They often do this by sending in an underaged person to buy alcohol at a particular store and citing or arresting the store clerk if he/she sells the alcohol to the teenager.

In Florida, it is a second degree misdemeanor crime for a person to sell or otherwise provide alcohol to a person under 21 years of age, and it is a second degree misdemeanor crime for a person under 21 to possess alcohol.

At a Traffic Stop in Jacksonville, Florida, Your Statements to Police May be Used Against You in Court

Published on: January 8, 2009 | by Lasnetski Gihon Law

Most people are familiar with Miranda warnings which warn a suspect that, among other things, he/she has a right to remain silent and a right to an attorney before the police ask him/her questions about suspected criminal activity. If the police are required to give those Miranda warnings and do not and then ask questions of a suspect, the suspect’s answers will likely be inadmissible at the criminal trial. However, it is not always clear when the police are required to give Miranda warnings. For instance, are the police required to give the Miranda warnings to a suspect during a routine traffic stop before the officer asks the suspect questions about a possible crime? It depends on the circumstances.

For instance, consider a situation that occurred near Jacksonville, Florida that involved two people racing their vehicles, which is a misdemeanor crime in Florida. A police officer observed the race and pulled both vehicles over. He questioned both drivers, and they both admitted to racing. Both drivers were then given notices to appear in court to answer to criminal charges for racing. The police officer did not give the Miranda warnings to the drivers before asking them questions about the suspected racing crime.

The criminal defense lawyers tried to have those statements thrown out of court because the defendants were not given their Miranda warnings before being asked about the racing. The criminal defense lawyers were not successful. Whether a police officer needs to give Miranda warnings before asking investigative questions of a suspect depends on the nature of the encounter between the police officer and suspect. If it reasonably appears to the suspect that he/she is in custody or is under such pressure that his/her right to remain silent seems compromised, the police officer must give Miranda warnings before questioning the suspect about a crime. However, this is a fairly gray area. Some of the factors that determine whether a suspect is “in custody” are: the length of time of the questioning, the number of police officers involved in the encounter, whether the suspect is handcuffed, placed in the police car or otherwise moved to a different location and whether the suspect was searched. If some of these factors are present, the defendant likely has a good argument that he/she should have been given Miranda warnings prior to questioning and any answers he gave about any criminal activity are inadmissible in court. If, as in the racing case referenced above, the police encounter is more consistent with a normal traffic stop that is fairly brief and involves only a few questions while the suspect has not been constrained in any way, there is a good possibility that any answers he/she gives to police questioning could be used against him/her in court even if no Miranda warnings were given.

Jacksonville Jaguar Player Arrested for Driving With a Revoked License

Published on: December 23, 2008 | by Lasnetski Gihon Law

A Jacksonville Jaguar practice squad player (Travarous Bain) was arrested Saturday morning for driving with a revoked driver’s license in St. Johns County, Florida, according to an article on Firstcoastnews.com. According to the officer, Bain was driving 99 miles per hour on State Road 16 near I-95 when he was pulled over.

According to the article, Bain’s license was suspended pursuant to an earlier DUI change. To learn more about penalties resulting from DUI arrests and/or convictions, click here.

The article does not say what the speed limit was in the area where Bain was stopped, but he was fortunate that he was not cited for driving 50 mph or more over the speed limit. Due to a new law that has recently become effective, people who are caught driving 50 miles per hour or more over the speed limit face significantly higher fines and lengthy license suspensions for multiple violations.

Jacksonville Police Going After Stores Selling Alcohol to Underage Buyers

Published on: September 24, 2008 | by Lasnetski Gihon Law

The Jacksonville Sheriff’s Office is attempting to crack down on stores and store clerks who sell alcohol to people under 21 years of age, the legal drinking age in Florida, according to an article at www.News4jax.com. Jacksonville police officers are sending underage kids into various stores to try to purchase alcohol. If and when the store clerk sells the alcohol, the kid walks outside and hands the alcoholic beverage to the police officer waiting outside. The store clerk is then arrested or given a notice to appear in court for a second degree misdemeanor crime. Apparently, the Jacksonville police officers are targeting stores that have been the subject of a complaint, but they also check stores at random.

The Florida crime of selling or serving alcohol to a person under 21 years of age can be found at section 562.11, Florida Statutes. A person who is convicted of this crime faces a maximum sentence of 60 days in jail.

St. Augustine Area Store Employees Arrested for Selling Alcohol to a Minor

Published on: August 9, 2008 | by Lasnetski Gihon Law

In the St. Augustine, St. Johns County, Florida area, police officers conducted a sting and caught several store clerks selling alcohol to a minor. Apparently, the St. Johns County Sheriff’s Office had a 17 year old investigative aid go into various stores and attempt to purchase alcohol, according to an article on Firstcoastnews.com. In seven of those stores, the clerks sold the alcohol to the minor and were arrested.

Under Florida law, it is a crime to sell, give or serve alcohol to a person under the age of 21. A violation of this law is a second degree misdemeanor and carries a maximum prison sentence of 60 days, a $500 fine and the possible loss of driving privileges.

Jacksonville Florida Woman Arrested and Charged for Threats, But Was it Assault?

Published on: June 8, 2008 | by Lasnetski Gihon Law

A Jacksonville, Florida mother was recently arrested after an incident at Sadie Tillis Elementary School where she allegedly threw objects at the principal, broke a table and made threats to come back and shoot up the school, according to a news article on www.News4jax.com. Clearly, if true, her conduct was inappropriate and needed to be taken seriously to ensure that the children at the school were not placed at risk, but the nature of her remarks provides an opportunity to look at what elements must be present to commit the crime of assault, a term often used in everyday discussion but rarely truly defined.

The Florida crime of assault is committed when a person: 1) makes an intentional and unlawful threat by word or act, 2) to do violence to another person, 3) coupled with an apparent ability to commit the threatened act, and 4) doing some overt act that reasonably creates fear in the other person that the violence is imminent. As a result, words alone are insufficient to form the basis of an assault. There must be some corresponding act that reasonably would put another person in fear that the violence is coming fairly soon along with circumstances that indicate the person has the ability to commit the threatened act. Additionally, threats to do violence that are conditioned upon some other factor typically do not form the basis for an assault as the violence would likely not be imminent.

Looking at the facts of this reported criminal case, if the woman threw an object at the principal, that could form the basis for an assault. However, any verbal threats made, however horrible they may be, would not fit the definition of an assault unless the woman had the apparent ability to follow through with the violence and another person was in reasonable fear of being the victim of imminent violence.