Jacksonville Criminal Lawyer Blog

Many Convicted Felons in Florida Had Their Right to Vote Restored Automatically

Published on: August 7, 2008 | by Lasnetski Gihon Law

In Florida, the law used to provide that any person convicted of any felony crime lost his/her right to vote. The only way to restore the right to vote was to go through a difficult and lengthy process involving an investigation, the parole commission and the clemency board with no guarantee of success. This law goes back to the Civil War era and was enacted in response to the 15th Amendment, which gave African-Americans the right to vote.

However, in 2007, the law changed to make it much easier for Florida residents to vote after having been convicted of many felonies. According to the new law, if you have been convicted of a nonviolent felony, have fully completed your sentence and have paid all restitution, if ordered, your right to vote has been restored automatically. You do not have to do anything to restore your right to vote. However, in order to vote, you do have to register, which can be done at the Supervisor of Elections office or the local public library branch. Additionally, you have to register to vote at least 29 days prior to the election in which you intend to vote.

According to one recent report, only 10% of the people who fall into the category of nonviolent convicted felons who have completed their sentences have registered to vote. Whether this is because people do not know of the new law or just have not taken advantage of their restored rights, that percentage is alarmingly low. As important as the right to vote is, everyone in Florida who has been convicted of a nonviolent felony and has completed his/her sentence should become registered and consider voting in future elections.

Jacksonville Area Drunk Driver Drives the Wrong Way and Causes Fatal Accident

Published on: August 5, 2008 | by Lasnetski Gihon Law

A drunk driver was driving the wrong way on I-95 in the Jacksonville, Florida area yesterday and caused a head-on collision killing the drunk driver and a mother in the other vehicle, according to an article on www.News4Jax.com. Another thirteen year old victim suffered a broken neck in the crash.

The drunk driver had a blood alcohol level of .20, according to the article. That is twice the legal blood alcohol limit of .08. When a person is convicted of DUI with a blood or breath alcohol level of .20 or higher, it subjects a person to increased DUI penalties in terms of a much higher fine, more jail time and an increased mandatory ignition lock device period.

Government Calls for Even Tougher DUI Laws on Hardcore Drunk Driving

Published on: August 3, 2008 | by Lasnetski Gihon Law

As most people in Jacksonville and throughout Florida are aware, penalties for a DUI are very severe. Even an arrest for DUI without a conviction can bring significant penalties in terms of the loss of driving privileges.

The National Transportation Safety Board (NTSB) has established a program to address what they refer to as hardcore drunk driving, or repeat DUI (also referred to by the NTSB as DWI) offenders with multiple DUI convictions within 10 years or people driving with a blood or breath alcohol content (BAC) of 0.15 or greater (the legal limit in Florida is 0.08). According to the NTSB, this group is a small percentage of those drinking and driving but were involved in about 53% of the DUI-related fatal accidents in 2006.

Some of the elements of the NTSB’s hardcore drunk driving program are as follows: statewide sobriety checkpoints, laws that define a high BAC as 0.15 or higher as an aggravated DUI/DWI offense, alternatives to jail such as home detention with electronic monitoring, laws that restrict a person’s ability to plea bargain to a lesser offense such as reckless driving and license suspensions for BAC test failures and refusals. For a complete list of the NTSB hardcore drunk driving program, see the NTSB website.

Jacksonville Wedding Planner Arrested on Theft Charges

Published on: July 31, 2008 | by Lasnetski Gihon Law

A Jacksonville, Florida wedding planner who ran a business called Princess and Company was arrested this week after complaints were made to Jacksonville police and the State Attorney’s office that she took money from prospective brides to plan their weddings but pocketed the money instead, according to an article on www.News4jax.com. The Jacksonville wedding planner is accused of stealing more than $40,000 paid by various people for wedding planning services.

It is not uncommon in Jacksonville for alleged victims to file a criminal report with the Jacksonville Sheriff’s Office or make a complaint to the State Attorney’s office based on allegations that a contractor or other business person has taken money for personal gain that was intended to be used for professional services. The question becomes whether the alleged conduct was a crime or just bad business that is more properly dealt with in the civil court system. The answer to that question will often depend on different factors such as the facts of each case, the nature of the business, the number of alleged victims, the amount of work performed and the course of conduct and understanding between the parties.

Criminal Defense Lawyer Wants Police Officers to Prove They Can Smell Marijuana in Car

Published on: July 29, 2008 | by Lasnetski Gihon Law

During a drug investigation after a traffic stop in Jacksonville, Florida, it is not uncommon for a police officer to allege that he/she smells an odor or marijuana which is used as a basis for a search of a person and/or a vehicle. Or, what a Jacksonville police officer may do is briefly detain the suspect for a relatively short period of time while the officer calls for a drug dog. The police drug dog, or K9, has likely been trained to walk around the vehicle or the area where drugs are suspected to be present, detect the odor of marijuana (and/or other drugs like cocaine, heroine, crystal meth, etc.) and give certain signals to the K9 officer when the K9 believes the odor of drugs is present. The K9 officer is also trained to decipher a positive signal from the K9. At that point, the officer will likely proceed with a search of the area, or seek a search warrant, based on the alleged probable cause provided by the drug dog.

A criminal lawyer in a recent drug possession case is asking two police officers who arrested his client if they can detect the smell of marijuana in a car in a random test, according to an article on www.Jacksonville.com. Apparently, the two police officers stopped the defendant, who was driving with a tag light out, and claimed to have smelled an odor of marijuana coming from the vehicle. A subsequent search of the vehicle revealed 10 pounds of marijuana in trash bags in the trunk. The criminal defense lawyer is asking the two police officers to display their ability to smell marijuana by detecting marijuana in a random vehicle in the local courthouse parking lot.

From a criminal procedure standpoint in drug cases, this is a fairly unique request, but this random drug smelling test will likely never happen. The police officers are not required to verify their ability to smell marijuana in this manner. Likewise, drug dogs, who have a much higher sense of smell than humans, are not required to prove their smelling ability in post-arrest random tests of the criminal defense lawyer’s choosing, although they are required to prove their drug odor detection ability in order to become properly trained and certified drug dogs. However, the criminal defense lawyer can and should cross-examine the arresting police officers at trial to determine the officers’ qualifications and abilities in detecting marijuana and also whether there was a Constitutionally sufficient basis to stop the defendant and search his vehicle.

DEA Discusses Drug Issues in Jacksonville

Published on: July 27, 2008 | by Lasnetski Gihon Law

Florida is one of the more major areas for drug trafficking and also a stop along the drug trade that leads to drug trafficking centers in the Northeast United States and Canada, according to the United States Drug Enforcement Agency (DEA). Because Florida has such a long coastline, has several international airports and marine ports and is strategically located near other countries who make and/or export drugs such as cocaine, heroin, crystal methamphetamine and marijuana, Florida plays a central role in drug trafficking and distribution.

The following is drug trafficking and other drug-related information relative to Jacksonville from the DEA. According to an interim report in 2006 fro Florida Medical Examiners, Jacksonville has the highest reported number of cocaine-related deaths in the state that year. Major drug trafficking organzations dealing crack cocaine have appeared in a few cities in Florida, two of which are Jacksonville and Gainesville. Marijuana is grown throughout the state. Indoor marijuana growing operations have become more lucratie and more common. Canadian marijuana trafficking groups are import their marijuana to Jacksonville where distribution groups sell the Canadian marijuana throughout Northeast Florida.

The most readily availbale drug in Jacksonville and throughout Florida is MDMA, which is more commonly known as ecstacy.

If You Have Been Charged with a Crime, Be Careful What you Put on Facebook or Myspace. It Can Come Back to Haunt You.

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

Social networking sites like Facebook and Myspace have become extremely popular, not just among high school and college students, but for people of all age groups, but the information that is posted on these sites is also being used as a tool by prosecutors to obtain evidence against defendants to prove their cases and support harsher sentences. These sites are a great way for people to stay in touch with friends and family members and keep people updated about their lives. However, users of Facebook, Myspace and similar sites need to be aware that what they post on those websites can be used against them in court in a criminal or other type of case.

For example, in Rhode Island, a college student who was facing drunk driving charges after crashing into another person and sending her to the hospital attended a party wearing a prison inmate outfit shortly after his DUI arrest, according to an article on Foxnews.com. Pictures of him at the party were posted on Facebook. The prosecutors saw the pictures, printed them and presented them to the judge at the sentencing hearing. Those pictures helped the prosecutors get an enhanced sentence of two years in prison. This is not an isolated example, and the article goes on to provide other situations where a criminal defendant received a higher sentence as a result of prosecutors showing the judge Facebook or Myspace postings that undercut any claim that the defendant was remorseful for the crime.

The pictures in the Rhode Island DUI case would almost certainly not be admissible in trial if the defendant had plead not guilty and requested a trial since they do not tend to show that the defendant committed the DUI crime with which he was charged. However, once the defendant pleads guilty, the judge can consider such pictures as they arguably do tend to show whether or not the defendant was remorseful for committing the DUI and injuring the victim.

Dangerous Drugs Sold Over the Intenet Without Prescriptions

Published on: July 22, 2008 | by Lasnetski Gihon Law

Federal law prohibits dispensing dangerous drugs without a prescription from a doctor who has a legitimate medical relationship with the patient. However, there are hundreds of Internet websites that offer prescription medications to anyone without the prescription, including dangerous and/or addictive drugs like Oxycontin, Vicodin, Methadone and Xanax.

A recent study located 365 websites that sell controlled medications over the Internet by mail. Most of them sell their drugs without requiring a prescription. Other websites offer to sell the required prescription after a person provides some basic information over the Internet. Officials believe that the ease with which people can get dangerous, and other, drugs over the Internet is increasing drug abuse, particularly among younger people such as college students. The study showed that 85% of all drug sales over the Internet involved controlled drugs versus 11% of drug sales from pharmacies. This statistic obviously suggests that people are taking advantage of the ease and anonymity of the Internet to obtain certain drugs they could not get by walking into a pharmacy.

Law enforcement officials have been trying to put a stop to the illegal sale of drugs over the Internet. While the recent study found 365 websites selling drugs over the Internet without requiring a prescription, a similar search last year found 581 such websites. However, many of these Internet sites are based outside of the country. (This, of course, raises an issue as to how safe it is to take a medication when it is unclear where it came from, who prepared it and who dispensed it.) Additionally, these websites can come and go and avoid detection much easier than a traditional business. Congress is currently considering a law entitled the Ryan Haight Online Pharmacy Consumer Protection Act which would require online pharmacies to be certified and also require a person to actually see a doctor prior to obtaining a prescription for a controlled medication. It is unclear how and to what extent those requirements will truly address the problem and how offenders would be caught.

Police Raid Jacksonville Area Alleged Illegal Casinos

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

Earlier this week, police in Nassau County (just north of Jacksonville, Florida) raided what they alleged to be two illegal casinos- Cabana Gold Vegas Games in Callahan and Treasure Bay in Fernandina Beach, according to a www.News4Jax.com article. Nassau County police officers claimed that the alleged casinos were paying customers who won playing the casino games in cash, which is illegal under Florida law. Giving the winners of these games a ticket that can be exchanged for certain merchandise is legal, but the law prohibits cash, alcohol or cigarettes as rewards for the games. According to Nassau County police, the two alleged casinos are no longer operating after the recent raids.

Florida law prohibits gambling in several different ways. It is a third degree felony to keep gaming tables, a gaming room or a gaming house for the purpose of illegal gambling. Whoever engages in gambling for money or other thing of value is guilty of a misdemeanor. There are certain exceptions for cardrooms, the lottery, charitable gaming and others. Those who violate gaming laws are subject to criminal penalties and seizure and forfeiture of gaming paraphernalia as well as proceeds from illegal gaming operations.

A list of Florida gaming laws can be found here.

Florida Medicare Fraud is Significant According to Study

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

One form of Medicare fraud occurs when a doctor or provider of medical supplies seeks reimbursement from Medicare for medical services or equipment that was never provided or for an amount greater than the service or equipment was worth. When the system works, a doctor or medical supply company will provide a service or piece of medical equipment to a patient covered by Medicare and then submit a proper reimbursement form to Medicare for payment. However, because of the bureaucratic and wasteful nature of the Medicare program, this system is wrought with fraud.

There were approximately $93 million in fraudulent Medicare claims in the United States from 2000 to 2007, according to a recent congressional study which was reported at Sfgate.com. The study found that millions of dollars were being paid to medical supply companies via reimbursement forms based on prescriptions that were over ten years old and/or that were from dead doctors. Florida, which has a high number of Medicare claims due to the age of its population, had more than $2 million in Medicare claims paid to medical supply companies based on prescriptions from 114 dead doctors; over $500,000 was paid for prescriptions from a single doctor who died in 1999.

An amazing 27% of dead doctors in Florida still had an active Medicare ID number that could be used to seek payment through Medicare.