Jacksonville Criminal Lawyer Blog

Duval County Proposal Would Make it Easier to Bond Out of Jail

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

Jacksonville, Duval County, Florida criminal judges will be considering a new proposal that would make it easier for people who have recently been arrested for certain crimes in Jacksonville to bail out of jail. Bail/bond is the money or other collateral that needs to be paid to get a person out of jail after an arrest and to secure that person’s presence at subsequent court dates. Under the current system in Duval County, people who have been arrested for crimes such as DUI (driving under the influence of alcohol or drugs aka drunk driving), domestic battery, petit theft, offering prostitution and all felonies must see a judge (within 24 hours) to have their bail amount set. For other lesser crimes such as first and second degree misdemeanors, those arrested can be directly released by officers at the Duval County Jail for bond amounts of $2,500 (1st degree misdemeanor) or $1,500 (2nd degree misdemeanor).

The new Duval County proposal to expedite the bond process for people arrested for various crimes would enlarge the number of people arrested who could be released from the Duval County Jail without having to wait to see a judge. Under the proposal, people arrested for most misdemeanors, less serious felonies ($1,000 bond for people arrested for third degree felonies) and municipal ordinance violations would be eligible for release from jail with no bond or a small bond amount. Of course, certain factors related to where a person resides and a person’s criminal record might make a person ineligible for expedited release from jail at a lower bond amount.

Supporters of the new Duval County Jail proposal note that this new process would alleviate the Duval County Jail overcrowding and reduce the costs associated with that problem. Others have expressed concern that the new system would make the bail process, which is supposed to be based on the particular facts and circumstances of each case, too systematic and may remove too much discretion from the judges.

Jacksonville, Duval County, Florida Woman Arrested for Improperly Storing Gun

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

A Jacksonville, Florida woman was arrested for, among other crimes, keeping a loaded handgun in the center console of a car that her daughter had driven to Lee High School , according to an article on www.News4Jax.com. The mother was arrested on charges of child abuse and failure to store a firearm in a safe manner.

Under Florida criminal law, what are the requirements for safely storing a firearm? According to the safe storage of firearms Florida statute, it is unlawful for a person to leave a loaded gun in a place under his/her control when he/she knows or should know that a minor is likely to obtain possession of the gun without the proper permission and supervision. The Florida law requires that the gun be kept in a securely locked container or similarly secure location (unless it is lawfully kept on the person’s body).

In Florida, violation of this crime is a second degree misdemeanor if a minor improperly gains access to the firearm and either possesses it or exhibits it in public or in a threatening manner. Leaving a gun in an unsecured place where a minor can access it can be a felony crime in the third degree in Florida if, with few exceptions, a minor obtains the gun and uses it to inflict injury or death upon the minor him/herself or another person.

Encrypted Financial and Identification Data May Not be as Secure as Businesses Think

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

Criminal activity relating to stealing financial and identification information from the computer systems of individuals and businesses is increasing as the internet becomes more popular and people become more technologically advanced. Network security companies sell encryption software that presumably allows individuals and companies to protect the financial and identification information they keep on their computers and networks. However, a group of researchers from Princeton University recently exposed a basic flaw that would allow someone to steal encrypted information that is stored on computers. The method the researchers used was as simple as shooting cold air onto the computer memory chip with a can of dust remover which can be purchased at any hardware store. When the computer memory chip is hit with the cold air, the data on the chip is frozen for a period of time allowing the person to retrieve the information on the memory chip.

What does this mean for businesses in Jacksonville and elsewhere in Florida? The Florida data breach law requires companies whose computer security systems have been breached to notify any individual whose personal information has been materially compromised. In other words, any company that maintains personal information about an individual must notify that individual if the company’s computer system has been compromised such that the data breach likely has resulted, or likely will result, in harm to the individual. For more information about the Florida data breach law and notification requirements, please visit the discussion of this subject on our website.

There is an exception to the notification requirement in the Florida data breach law. If the personal information kept by the company was encrypted, the company does not have to notify any individuals of the data breach. However, as this study suggests, although encrypting information may remove a company from the notification requirement of the law, it does not necessarily mean that data is safe and a data breach is still possible which can subject a company to serious financial ramifications and horrible publicity.

Can a Person Carry a Concealed Gun in a Zipper Pack Without a License in Florida?

Published on: May 20, 2008 | by Lasnetski Gihon Law

No, according to a recent Florida criminal case. The Florida carrying a concealed weapon law provides that it is a third degree felony for a person to carry a concealed firearm on or about his person without a license. However, there is an exception under Florida law which allows a person 18 years of age or older to carry a concealed firearm or other weapon without a license if that person is traveling in a private conveyance (such as a motor vehicle) and the weapon is securely encased or otherwise not readily accessible for immediate use. This exception does not allow a person to carry a concealed firearm or other weapon on his or her person. This is called the private conveyance exception. In other words, an adult can carry a concealed handgun or other weapon without a license in a vehicle if the gun is kept in some secured case or is otherwise not easily available for immediate use. An example might be to keep a handgun in a case in the truck of a vehicle.

In the recent Florida criminal case, a person was arrested and charged with carrying a concealed weapon after police saw that he carried a .40 caliber handgun in a closed zipper pack around his waist while driving a motorcycle. The defendant did take the gun out in a threatening manner while driving the motorcycle.

The criminal defense lawyer argued that the defendant was not guilty of the crime of carrying a concealed weapon because the private conveyance exception applied. The court agreed that the motorcycle was a private conveyance and the gun was “securely encased” in the closed zipper pack. However, because the defendant kept the gun on his person, the exception did not apply and the defendant’s conviction for felony carrying a concealed weapon was upheld. Of course, it did not help that the defendant pulled the gun out while he was driving his motorcycle which indicated that the gun was readily accessible for immediate use. The defendant would have been better off keeping the gun in a closed compartment in or on the motorcycle.

DNA to be Collected From Anyone Arrested by Federal Law Enforcement Officials

Published on: May 18, 2008 | by Lasnetski Gihon Law

A proposed federal law would require anyone arrested for a federal crime to provide a DNA sample to federal law enforcement officials to be stored in a nationwide DNA database called CODIS, according to a recent article. The DNA samples would be swabbed from the inside of a person’s cheek. The Department of Justice expects that this new law will increase the number of people whose DNA samples have been collected after an arrest by 1.2 million each year.

In support of the federal law, law enforcement officials say the DNA samples of people arrested will help law enforcement officials catch criminals and also prevent people from committing crimes. Critics of the law worry about whether the DNA will be used for purposes other than law enforcement, although federal officials confirmed that the privacy laws will apply to the DNA that is collected.

Currently, only people convicted of crimes have their DNA collected and stored in the database. According to the article, people who have been arrested for a federal crime and have their DNA taken but are not subsequently convicted of the crime can contact the United States Department of Justice and have their DNA samples destroyed. Whether people arrested for a federal crime will be informed of that fact or how they would otherwise know they can do this is not clear.

Duval County, Florida Criminal Case Illustrates Different Levels of Police Encounters

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

Criminal defense lawyers often file what are called Motions to Suppress to try and keep out evidence that the prosecution is attempting to use against a defendant in a criminal case when the criminal defense attorney believes the police were not justified in stopping the defendant and/or seizing the evidence. The Fourth Amendment protects people from unreasonable searches and seizures and can be used to prevent the prosecution from using evidence against a defendant in a criminal case if the court finds that a search or seizure was unlawful.

A recent criminal case out of Jacksonville, (Duval County) Florida does a good job of explaining the difference among the three categories of encounters with police. The first level of police encounter is a consensual encounter that involves minimal police contact and where the other person is free to comply with police or leave the encounter at any time. The second level of police encounter is often referred to as an investigatory stop where a police officer can detain a person temporarily if the police officer has a reasonable suspicion that the person has committed, is committing or is about to commit a crime. The police officer must be able to point to specific facts that are the basis for this reasonable suspicion of criminal activity. The third level of police encounter is an actual arrest where the person is detained and removed from the scene. This level of police encounter requires the higher standard of probable cause that a person has committed, is committing or is about to commit a crime.

In the recent case, the Jacksonville Sheriff’s Office (JSO) officers were called to investigate a burglary of a vehicle. When the Jacksonville Sheriff’s Office officers arrived, one of them heard a possible witness say the suspect was a white male who ran into the woods. No other description was given. The Jacksonville Sheriff’s Office officers searched the woods and found a CD player that may have been taken in the burglary and then some distance away found the defendant lying on the ground. The defendant was handcuffed, placed in a patrol car and driven back to the scene of the crime where he was identified by a witness.

Jacksonville, Florida Parents Arrested Pursuant to Habitual Truancy Crime

Published on: May 16, 2008 | by Lasnetski Gihon Law

Fifteen Jacksonville, Florida area (Duval, Clay and Nassau County) parents were arrested recently pursuant to the Florida habitual truancy law, according to www.News4Jax.com. The Florida law provides that all kids age 6 to 16 must go to school. A kid is habitually truant, or absent from school, if he or she has fifteen unexcused absences in ninety days. In this case, Jacksonville area police officers indicated that each of the children of the parents arrested had at least twenty unexcused absences from school this year.

Duval County, Clay County and Nassau County police arrested the parents on charges of failing to comply with the compulsory child attendance laws and contributing to the delinquency of the children, which are misdemeanor crimes in Florida.

Jacksonville area police officers and school officials cite the serious nature and effects of truancy in support of the truancy crime laws and the arrests. One study by the National Center for Mental Health Promotion and Youth Violence Prevention indicated that, in addition to the negative academic consequences, truancy is also a risk factor for other problems like drug and alcohol abuse, gang activity, serious criminal behavior and chronic unemployment. Literature from the Office of Juvenile Justice and Delinquency Prevention reports that kids who are habitually truant from school are at greater risk as adults for poor physical and mental health, poverty, incarceration and raising children who have the same problems.

Jacksonville, Florida Woman Arrested for DUI Manslaughter

Published on: May 15, 2008 | by Lasnetski Gihon Law

A Jacksonville (Duval County), Florida woman was recently arrested on charges of DUI (driving under the influence) Manslaughter after causing a car accident that killed her young son. According to the article on www.News4jax.com, the Florida Highway Patrol crash report indicated that Angela Harper lost control of her vehicle, crossed over two lanes of traffic and crashed into the guardrail. Ms. Harper was wearing her seat belt, but the five passengers were not and were all thrown from the vehicle.

After the accident, a blood alcohol test was performed on Ms. Harper. The results showed that her blood alcohol level was 0.11, which is above the legal limit.

In Florida, the crime of DUI Manslaughter is committed when a person operates a vehicle under the influence of alcohol or certain drugs and has his/her normal faculties impaired or has a blood or breath alcohol level of 0.08 or more and as a result causes the death of another. DUI Manslaughter under these circumstances is normally punishable as a second degree felony.

Federal Financial Identity Theft Crime Law Considered by Congress

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

Identity theft (aka financial identity theft) is an increasingly common crime in Florida that can cost a lot of time, money and effort for the victims to resolve. According to a recent study, approximately 8.4 million people were victims of identity theft crimes in the United States in 2006.

To address the increase in identity theft crimes, particularly those committed using computers, Congress is currently considering a federal law called the Identity Theft Enforcement and Restitution Act which, if it passes, would allow victims of identity theft crimes to seek restitution from offenders not just for the amount that was stolen from them, if any, but for the victim’s expenses related to fixing all of the problems that were caused by the identity theft. When the crime of identity theft occurs, a victim can spend a significant amount of time canceling old, and obtaining new, credit card, cell phone and other accounts, dealing with credit agencies to assess and fix the damage to their credit rating and dealing with accounts that were opened and purchases made in their name.

The federal law would also expand the crime of cyber-extortion to include threatening to take or release information found on a computer. Currently, the federal law of cyber-extortion only deals with threats to shut down or damage a business or government computer.

Florida Arson Suspect Arrested

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

In Jacksonville, Florida and throughout Florida the last few days, the news channels have extensively reported the damaging effects of wildfires that were allegedly caused by arson. Today, in Palm Bay, Florida, which is about two and a half hours south of Jacksonville, Florida, an arrest was made of a person suspected of committing the crime of arson and causing the wildfires by reportedly throwing a bottle containing an accelerant (a substance that speeds up the fire and/or makes the fire more intense) into the woods. As of today, the fires have burned approximately 15 square miles, including 20 homes, and caused approximately $9.6 million in damages.

In Florida, the crime of arson is committed when a person willfully and unlawfully, or while committing any felony, damages a dwelling or other structure by fire or explosion. The crime of arson is either a first degree felony or a second degree felony depending on whether or not the resulting fire damages a dwelling or another structure where a person is normally present or reasonably believed to be present. If the present case turns out to be arson as suspected, this crime would likely fall into the first degree felony category and carry the potential for significant jail time and restitution and/or fines.