Jacksonville Criminal Lawyer Blog

Jacksonville Beach, Florida Man Charged in Federal Court with Child Pornography Charges

Published on: February 6, 2010 | by Lasnetski Gihon Law

A Jacksonville Beach, Florida man was recently indicted on three counts of possessing child pornography, one count of transporting child pornography and one count of receiving child pornography in federal court, according to an article on Firstcoastnews.com. The charges together carry a maximum potential sentence of 100 years in federal prison.

Law enforcement authorities on the state and federal levels are focusing more and more on child pornography cases. As most people should know, it is a federal crime and a state crime to possess child pornography pictures and videos, create them, share them, distribute them or receive them. Viewing child pornography on one’s computer and then deleting the file is illegal. Law enforcement officials have effective computer tracking technology which can tell them which computers may contain child pornography files. As this technology gets better and more people use the internet (which gives people better access and opportunity to view child pornography pictures and videos), state and federal law enforcement will make more and more arrests. And when these arrests are made and child pornography charges are brought, the potential penalties are very serious.

Constructive Possession of Illegal Drugs in Florida

Published on: February 3, 2010 | by Lasnetski Gihon Law

We have written many times on this criminal law blog about drug cases that were dismissed because they were weak constructive possession cases. In other words, drugs were found near (or sometimes not even near) multiple people, and the police tried to pin the drugs on one or more of those people without being able to prove that any of them had knowledge and actual control over the illegal drugs. However, sometimes, the police and the state can prove a drug case against a person based on constructive possession of illegal drugs.

When the police and the state rely on constructive possession in Florida, that is not always an automatic dismissal of the drug charges. Many of the constructive possession of drug cases are weak, however some of them have some merit to them. We recently read about a case that took place just south of Jacksonville, Florida in Daytona Beach where a person was convicted of possession of crack cocaine on a constructive possession theory.

In this case, two people were in a car that was stopped by police. The driver was arrested for driving with a suspended license, and the car was searched. The police found a bag of crack cocaine on the floorboard on the passenger side of the vehicle where the defendant had been sitting. He was charged with and convicted of possession of cocaine.

Be Careful How You Resolve Your Criminal Cases in Florida to Stay Eligible for a Sealing or Expunction

Published on: January 31, 2010 | by Lasnetski Gihon Law

As criminal defense lawyers in Jacksonville, Florida, we get a lot of calls from people who are applying for jobs, looking to switch to a new job, perhaps getting a promotion or otherwise are making some sort of important career move but are hindered by a criminal record. They are either concerned that a new employer may see their criminal record or a background check was already done that uncovered a criminal record that is creating a serious obstacle in their career advancement.

The best thing to do in a situation like that is to have the criminal record sealed or expunged. However, because Florida law only allows a person to have a criminal record sealed or expunged in limited circumstances, many people are not eligible for this service. There are several rules dealing with who is or is not eligible for a sealing or expunction. However, one basic rule is that if you have ever been adjudicated guilty of a crime, you cannot get your criminal record sealed or expunged. This rule affects a lot of people and is the number one reason why a person is not eligible under Florida law to have a criminal record sealed or expunged.

It is very important for a person who has just been arrested or who has a pending criminal case to understand what happens when the case is resolved. When a person enters a plea of guilty or no contest, the judge can do one of two things. The judge can adjudicate the person guilty or withhold adjudication. Those words probably do not mean much to the average person, but they are crucial when it comes time to seal or expunge a criminal record. If the judge adjudicates a person guilty for any crime, that person may not get any crime sealed or expunged. If the judge withholds adjudication at sentencing, that person remains eligible for sealing or expunction depending on other factors.

Police in Florida Can Force a DUI Suspect to Give Blood in Some Circumstances

Published on: January 28, 2010 | by Lasnetski Gihon Law

In Florida when a police officer stops a driver and suspects that he/she is driving under the influence of alcohol (aka DUI, DWI or drunk driving), the officer will normally ask the driver is he/she will submit to a field sobriety test or field sobriety examinations. The driver has every right to refuse to submit to the field sobriety tests, and we would suggest that a driver needs to seriously consider refusing such a request because whether a driver passes or fails the field sobriety tests is subjective and determined solely by a police officer who already suspects that the driver is drunk.

Additionally in Florida, a police officer conducting a DUI investigation will also ask the suspect driver to submit to a breath, blood or urine test to determine the driver’s blood alcohol level. In Florida, the legal limit is 0.08. When a person in Florida accepts a driver’s license and the privilege to drive, he/she impliedly consents to take the breathalyzer test, however, the request to take the breathalyzer, blood or urine test is often refused by people under investigation for DUI for various reasons. However, in some circumstances, the police can force a person to submit to a blood test.

Florida law provides that the police can compel a person to give blood for a DUI investigation to check blood alcohol content (BAC) if the officer has probable cause to believe that the suspect driver was under the influence of alcohol or drugs and that driver caused an accident resulting in serious bodily injury(ies) to someone. In other words, if a person is involved in an accident that seriously injured someone and the police officer finds evidence that the driver caused the accident and was under the influence of alcohol or drugs at the time (i.e. odor of alcohol, slurred speech, stumbling/swaying, admitting to drinking alcohol or using drugs, taking the field sobriety test and/or other factors), the police officer can force the suspect driver to give blood to be tested for alcohol content.

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.

People in Florida Have No Right to Privacy in Historical Cell Phone Site Information

Published on: January 22, 2010 | by Lasnetski Gihon Law

Cell phones have become so common that just about everyone has one and many people have multiple cell phones. They are also effective tools to help police investigate crimes and make arrests. Police officers can obtain information from cell phone service providers that tell the police where a person was at any given time when he/she was using a cell phone. This can be particularly important when a person is charged with a crime and the police need evidence that the person was at or near the crime scene around the time the crime occurred.

In a recent criminal case in Florida south of Jacksonville, a defendant was charged with committing a robbery and a battery at a house in a particular neighborhood. The police obtained the defendant’s historical cell site records to show that he was in the area of the robbery and battery around the time the crimes occurred. The criminal defense lawyer tried to suppress those records claiming that the police obtained those cell site records in violation of the defendant’s Fourth Amendment rights. However, the court disagreed with the criminal defense attorney. Because the cell site records show only where a person has been (and not where he/she is presently), the Fourth Amendment protections do not apply.

In other words, in Florida the police can fairly easily obtain a person’s historical cell site records to establish where a person with his/her cell phone was around the time of the crime by claiming that such evidence is relevant to an ongoing criminal case.

Pharmacies in North Florida Assisting Police in Making Methamphetamine Arrests

Published on: January 19, 2010 | by Lasnetski Gihon Law

Police in Bradford County, Florida, which is about an hour southwest of Jacksonville, Florida, used a tip from a pharmacy to make a big methamphetamine arrest, according to an article on Firstcoastnews.com.

Pseudoephedrine is a common ingredient in cold medicines such as Sudafed. It is also an important ingredient in the manufacture of methamphetamine. In the past, people would go to pharmacies and grocery stores and anonymously buy large quantities of Sudafed and other cold medicine to use the pseudoephedrine to make methamphetamine. However as methamphetamine production became more widespread, the laws were changed in Florida to require people buying cold medicines with pseudoephedrine to show identification and have their names and purchase documented in a log kept at the store. The Florida law also limits the amount of pseudoephedrine products a person can buy.

When a person buys or attempts to buy too many pseudoephedrine products, pharmacy or store employees may call other stores that sell pseudoephedrine products to check their logs and/or the police to report suspected methamphetamine manufacturing. Additionally, police in Florida involved in methamphetamine investigations or who have made methamphetamine arrests will often contact local pharmacies to see if they have evidence of pseudoephedrine purchases made by a particular person. This can be strong evidence in a methamphetamine manufacturing case.

Crime Seems To Be Falling Across the U.S. Despite Recession

Published on: January 16, 2010 | by Lasnetski Gihon Law

Most experts would predict that crime rates would increase as economic times become worse. However, as Florida and the rest of the U.S. are suffering through a lengthy economic downturn, crime rates seems to be dropping across the country. According to FBI statistics, violent crimes such as murder and manslaughter dropped about 10% for the first half of 2009 and property and theft related crimes have dropped 6.1%. Crime rates are as low as they have been since the 1960’s, according to the FBI.

The general idea correlating higher crimes rates with tough economic times is that people become more desperate and have more time on their hands due to unemployment when they face difficult financial situations. Some people suggest that the reduced crime rates are due to economic stimulus packages and extended unemployment benefits making it easier for people to endure the recession. If true, however, when these programs and benefits ultimately stop, crime rates may rise to a level more consistent with the difficult economic times.

Drug Case Thrown Out in Florida After Police Improperly Detain Defendant

Published on: January 13, 2010 | by Lasnetski Gihon Law

In a recent criminal case that occurred south of Jacksonville, Florida, the police stopped a vehicle for a traffic violation. The vehicle was occupied by a driver and a passenger. The police became suspicious of the two occupants and asked each of them if they could search the vehicle. Both occupants consented to the search. For some reason, although neither occupant had committed a crime, the police officer handcuffed the passenger and placed her in his patrol car for approximately 30 minutes while the police searched the vehicle. The police did not find any drugs in the vehicle and let the two occupants go with only a traffic ticket.

However, when the police officers returned to their car, they found a bag of cocaine where the passenger had been sitting in the patrol car during the search. The police officers then chased after the vehicle and arrested the passenger for possession of cocaine.

The criminal defense lawyer for the passenger filed a motion to suppress the evidence of the cocaine because the passenger was illegally detained while she was sitting in the police car. The court agreed and threw out the evidence of the cocaine. The possession of cocaine charge was then dropped.

Can The Police Stop You In Florida For Running From The Police?

Published on: January 10, 2010 | by Lasnetski Gihon Law

One questioin clients ask us regarding criminal cases in Florida is whether the police can stop a person if all that person does is run from the police. The Florida Supreme Court recently decided a case that helps answer that question. As background information, keep in mind that the Florida and United States Constitutions provide that the police are not allowed to stop a person without specific facts suggesting the person is, or has recently been, involved in criminal activity. With that in mind, the general rule has been that running from the police, by itself, is not a basis for stopping a person or arresting them for the crime of resisting without violence. The idea is that if the police do not have specific evidence that a person is, or has recently been, involved in criminal activity, the police officer does not have a right to stop the person so the person can run all he/she wants from the police.

However, in a recent Florida criminal case, the police were responding to a illegal drug and criminal trespass complaint in a high crime area. The police arrived and saw the defendant who ran as soon as he saw the police. The police officers told the defendant to stop, but he kept running. The defendant was ultimately caught and arrested for resisting without violence.

The defendant’s criminal defense lawyer filed a motion to dismiss the criminal charges arguing that it was not illegal for the defendant to run from the police and the police did not have a right to stop the defendant because the police did not have any evidence that this particular defendant was involved in criminal activity before he ran. The Florida court disagreed and determined that the arrest for resisting without violence was lawful. The rationale was that once the defendant ran at the sight of the police in a high crime area, that provided the reasonable suspicion of criminal activity needed to justify the command to stop. When the defendant failed to stop when commanded to by the police, he was committing the crime of resisting without violence.