Jacksonville Criminal Lawyer Blog

If You Were Arrested for Theft at a Department Store, You May Get a Letter Threatening You to Send Them Money.

Published on: November 2, 2008 | by Lasnetski Gihon Law

Several times now, we have heard from clients in and around Jacksonville, Florida who have been arrested for the crime of theft at a department store that they have received letters threatening them with civil and/or criminal action if they do not pay money, often at least $200, to the department store within thirty days. Is this proper? We do not think it is the way these letters are worded. In fact, depending on the way the letter is worded, it may be illegal.

For example, we had a recent client who was arrested for allegedly stealing a shirt from a large, national department store with a couple of locations in Jacksonville, Florida. The shirt in question was returned to the department store undamaged immediately upon the arrest. Within a couple weeks of her arrest for petit theft, she received a letter from the loss prevention department of that store saying that “[o]nce liability is established under said statute, the retailer has ‘ . . . a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200 . . . .'” The letter goes on to demand $200 within thirty days from our client or face further legal action.

The statute the letter refers to is Florida Statutes, § 772.11. That statute does give department stores and others who have been the victim of theft crimes a right to civil action against the people who committed those crimes. However, what the statute requires and what is not mentioned in the letter these department stores send out is that the department store has to prove not just liability but also some injury. In other words, the department store has to prove that a person committed the theft AND ALSO that the store was damaged by the theft.

What Does it Mean to Drop Charges in a Domestic Violence Case?

Published on: October 30, 2008 | by Lasnetski Gihon Law

I thought it was a good time to address this question which we get quite often from individuals in and around Jacksonville, Florida about victims and alleged victims trying to drop domestic violence charges against a person who was arrested for, or charged with, a domestic violence related offense. There was a recent article on www.Firstcoastnews.com which referenced a study by the National Institute of Justice that found that incidents of domestic violence increase during difficult financial times. The article noted that money issues were the major cause leading to domestic violence. Clearly, we are going through a period that is bringing significant financial distress upon many families in Jacksonville and throughout the country.

It is not uncommon for some sort of domestic incident to occur, whether it is a heated argument, one person pushing a spouse or significant other or a more violent incident where the police are called and respond to the scene. This is often followed by an arrest and formal charges. It is also quite common for the person who called the police (the victim or alleged victim) to later decide that he/she does not want to pursue the case, i.e. wants to drop the charges. The reality is that the person who called the police or who is an alleged victim or a real victim does not have the authority to drop the charges. He/she can go to the Jacksonville Sheriff’s Office or local police or the prosecutor’s office and ask them to drop the case, but once the police and/or the prosecutor’s office get involved, that decision is up to them. The police or prosecutor will likely listen to what the alleged victim has to say, but he/she is not bound by anything that is said. Because of the high number of purported victims who later request to drop domestic violence charges, it is very common, perhaps more likely than not, for the police and prosecutors to pursue a domestic violence case until the very end, including a trial, when the alleged victim is not cooperating. This is particularly true where there is other evidence of domestic violence, such as independent witnesses, statements from either party or a witness and/or visible injuries that are memorialized in photographs or a police report.

This is not to say that the police or prosecutors will never drop a domestic violence case when an alleged victim makes the request. This does happen. However, there is clearly a misconception among people that when a person who claims he/she was the victim of a domestic violence incident later tells the police or the prosecutor that it did not happen or that he/she does not want to pursue the case, that means the case just goes away.

New Florida Law Provides for Big Fine for Excessive Speeding

Published on: October 28, 2008 | by Lasnetski Gihon Law

In Jacksonville and throughout Florida, the fines for traffic violations such as speeding have noticeably increased over the years. However, a new Florida law provides that people who are caught speeding excessively will pay a much greater fine. Drivers who are caught speeding 50 miles per hour over the posted speed limit face a $1,000 fine for a first offense, $2,500 and a one year suspended license for a second offense and $5,000 and a ten year license suspension for a third offense. This is a significant increase compared to the prior law which provided for a $250 fine for anyone caught speeding by 30 miles per hour or more over the speed limit.

Although some people may think that it is rare for a person to be driving so fast in excess of the speed limit, airplanes tracked the speeds of drivers on the highway in South Florida just after this new law went into effect and found 80 people who were speeding at 50 miles per hour or more over the speed limit.

There were other laws that specifically addressed motorcycles. It is now illegal for motorcycle drivers to lift the front wheel off of the pavement. Motorcycle drivers must also attach their license tags horizontally or face a $1,000 fine as police complain about having a difficult time reading the license tags on motorcycles that may be speeding.

Majority of People are Against Minimum Mandatory Sentences for Nonviolent Crimes

Published on: October 25, 2008 | by Lasnetski Gihon Law

A recent poll indicated that a majority of Americans support eliminating minimum mandatory sentences for nonviolent crimes. A minimum mandatory sentence is a sentence that is prescribed by the state legislature or Congress that indicates the minimum, or lowest, sentence a person can get after being convicted of certain crimes. It takes the discretion away from the judge and the prosecutor who have more specific knowledge of the particular facts of the case. One argument in support of minimum mandatory sentences is that they equalize the treatment given to different people who are convicted of similar crimes. However, in taking away the discretion of prosecutors to recommend lower sentences and judges to issue lower sentences, the results are often unfair and fail to take into consideration the mitigating circumstances of each individual case. They also prevent judges from ordering particular defendants to serve a more appropriate and rehabilitative sentence, such as one incorporating treatment, and often limit judges to ordering a more inappropriate and costly sentence that only incorporates prison. This can be particularly true for nonviolent crimes such as drug crimes.

The recent report indicated that 78% of the people polled felt that judges, as opposed to legislators, should decide what sentence a particular criminal defendant should get after pleading guilty or no contest to a nonviolent crime or being found guilty of a nonviolent crime after a trial. This is consistent with the idea that the judges who know more about the specific cases and individuals are better equipped to decide what sentence is appropriate.

Recent reports have also indicated that minimum mandatory sentences have had no beneficial effect on drug use and abuse, drug addiction or drug trafficking. Often, these minimum mandatory sentences affect drug users and small time drug dealers as opposed to drug traffickers and suppliers. However, minimum mandatory sentences for nonviolent crimes like drug crimes have significantly increased state and federal costs and ensured that those funds have gone toward incarceration and inmate housing as opposed to drug treatment and prevention which might reduce the number of nonviolent drug offenders who go through the criminal justice system.

Protect Against Identity Theft

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

According to the Florida Attorney General’s Office, this week is Identity Theft Week in Florida and throughout the country. The purpose of Identity Theft Week is to raise awareness as to the various ways people are at risk of having their identities and financial information stolen. As the Internet and other technology have become more popular, thieves have come up with numerous ways to try to learn identification and financial information from unsuspecting victims.

For instance, as the Florida Attorney General’s website notes, “phishing” is a common way thieves try to get people to provide their identification and financial information. Phishing is the process by which a thief will send out mass emails to people that appear to come from legitimate entities like a bank, credit card company or retailer. The email may say that there is a problem with the person’s bank account or credit card and request certain information that would allow the thief to access financial information.

Banks and credit card companies do not request such information via email. If you have received an email asking for any information that could lead to access to your financial information (such as a social security number, date of birth, credit card number, PIN), you can call the Florida Attorney General’s Office at 1.866.966.7226 to report the incident and help determine if a communication is valid.

89 Year Old Kills Grandson in Possible Self Defense Case in Putnam County, Florida

Published on: October 21, 2008 | by Lasnetski Gihon Law

An 89 year old stabbed and killed his 22 year old grandson in Crescent City, Florida (which is about two hours south of Jacksonville, Florida) according to an article on www.News4jax.com. The grandfather is claiming that he stabbed his grandson in self defense.

In Florida, the law of self defense was expanded making it easier for those suspected or accused of violent crimes to assert the self defense claim. The Florida law was changed couple of years ago. Under the prior Florida law, a person was required to use any reasonably possible means to escape a situation before using deadly force to meet deadly force outside of a person’s home or workplace. According to the new Florida law, individuals are not required to retreat and may use deadly force in public when they reasonably perceive a threat of deadly force to themselves or others.

Drug Testing in High Schools on the Increase

Published on: October 19, 2008 | by Lasnetski Gihon Law

According to recent reports and articles, high schools across the United States are increasingly drug testing their students. Court cases that have addressed the legality of drug testing in high schools have resulted in opinions that allow high schools to drug test students as a prerequisite to joining school sports teams and extracurricular activity organizations. Students who refuse to consent to random drug testing can be banned from playing sports and participating in extracurricular activities.

President Bush instituted a policy to expand drug testing in high schools and approved millions of dollars towards that expansion. One way the federal government has encouraged high schools to drug test their students is to reward federal grant money to those schools that institute the drug testing policies. Reports indicate that 4-7% of all high schools in the U.S. have such random drug testing policies, and the numbers are increasing by about 100 per year.

Other than the obvious trust and right to privacy issues implicated by the high school drug testing policies, critics point to various studies (like this one) that indicate that such policies have no effect, or a negative effect, on drug use among high school students.

Are Drug Dogs That Are Used by Police to Search Vehicles for Drugs Reliable?

Published on: October 17, 2008 | by Lasnetski Gihon Law

Jacksonville police and police officers all over Florida commonly use drug dogs or K-9’s that are trained to detect the odor of marijuana, crack, cocaine, methamphetamine and other illegal drugs to search for those drugs in vehicles and other areas. However, there is some question as to how reliable these drug dogs are in detecting the odor of illegal drugs. Drug dogs and the police officers who handle them are supposed to be trained and certified to assure that they are both skilled and qualified to accurately detect the odor of illegal drugs and give the appropriate signal in those circumstances. However, not all of these drug dogs are so qualified according to recent criminal cases and news articles.

In the traffic stop scenario, a common drug dog search may proceed as follows. A Jacksonville police officer would pull a driver over for some sort of moving traffic violation. If the Jacksonville police officer feels like he/she sees indications of drug possession, the officer may call for a drug dog to walk around the vehicle and smell for the odor of illegal drugs. Without probable cause to believe that drugs are in the vehicle, the police officer should conduct the drug dog search while the driver is in the process of getting his/her ticket for the moving violation. In other words, if the police officer has finished giving the driver a ticket or warning, that driver is free to leave and cannot be ordered to stay for the drug dog search unless the police officer has specific reasons to believe that the driver is committing a crime, such as possession of illegal drugs.

The police officer will either have his own drug dog present or he/she may call for a drug dog over the radio. Assuming a drug dog is present, or arrives, during the ticket-writing process or there is other specific evidence to suggest drugs are present, the police officer may have the right to walk the dog around the vehicle. As the drug dog walks around the vehicle, the dog may give a certain signal or alert that the odor of drugs is present. At that point, the police officer will likely search the vehicle for the suspected drugs.

Jacksonville and Other Florida Drivers May See More DUI Checkpoints

Published on: October 14, 2008 | by Lasnetski Gihon Law

Drivers in Jacksonville and other areas in Florida may see more saturation patrols and DUI checkpoints, according to a Florida Highway Patrol official. The reason is that a recent report from the Florida Department of Highway Safety and Motor Vehicles showed that deaths from alcohol-related motor vehicle accidents increased in 2007 by 13% (after decreasing from 2005 to 2006).

A saturation patrol occurs when Jacksonville Sheriff Office officers or other police flood an area to catch drivers who may be committing violations, such as driving under the influence of alcohol or drugs (aka DUI or DWI) or driving without wearing a seat belt. A DUI checkpoint is a police roadblock where the police stop every vehicle or periodic vehicles and investigate the driver for a DUI violation.

New Penalty for Commercial Motor Vehicle Drivers Convicted of DUI in Florida

Published on: October 12, 2008 | by Lasnetski Gihon Law

On October 1, 2008, a new rule will be in effect for commercial vehicle drivers who get convicted of driving under the influence of alcohol or drugs (aka DUI or DWI) in Florida. The new Florida rule provides that any commercial semi truck driver who gets convicted of a DUI will have his/her commercial driver’s license (CDL) suspended for one year from the date of the conviction. This is true whether the DUI crime occurred while driving a commercial vehicle or a personal vehicle. If a semi truck driver gets a second DUI conviction after October 1, 2008 (either in his/her commercial or personal vehicle), he/she faces a permanent revocation of his/her CDL (A CDL is required to drive a truck commercially.)

If you have been arrested for DUI in Jacksonville or the North Florida area, it is important to contact a lawyer immediately so that you understand your rights and the penalties you may be facing. The DUI laws change frequently so you should contact a lawyer who is up to date on all of the recent updates in DUI law.