Jacksonville Criminal Lawyer Blog

Federal Law Enforcement Authorities Make Twenty-Four Mortgage Fraud Arrests in Jacksonville, Florida

Published on: November 10, 2009 | by Lasnetski Gihon Law

Several times, we have discussed the trend we have seen towards more federal investigations and arrests in mortgage fraud cases in Florida and Jacksonville. Federal authorities are responding to the tremendous meltdown in the housing markets and numerous mortgages that have gone unpaid. In many local U.S. Attorney offices in Florida, mortgage fraud cases used to occupy a relatively small percentage of the caseload. However, since the mortgage and housing crisis, some offices in Florida have so many mortgage fraud cases that all of the prosecutors have one or more of them.

The trends towards increased federal prosecution of mortgage fraud cases certainly includes the Jacksonville, Florida market. According to a recent article on News4Jax.com, there were twenty-four recent mortgage fraud related arrests in Jacksonville. There were over one hundred such arrests throughout Florida. Florida is obviously a major target for mortgage fraud related criminal cases due to the sheer volume of real estate and real estate transactions in the state. For some reason, many people consider Jacksonville the number one city in Florida for mortgage fraud.

However, the crime of mortgage fraud is often not black and white like some other crimes. What one prosecutor or FBI agent calls mortgage fraud, someone else may call good business or a misunderstanding on behalf of one of the parties to the mortgage transaction. Whether a transaction is a mortgage fraud crime or not may depend on what disclosures were made, whether verbal or in writing. There are often honest and legitimate differences of opinion between what one side considers a legitimate way of conducting business and the other side considers a serious felony crime. When law enforcement casts the net of arrests so wide so quickly, it is certainly likely that many of these cases fall on the legitimate business side of the line.

You Have the Right to Remain Silent During Field Sobriety Tests During a DUI Stop

Published on: November 7, 2009 | by Lasnetski Gihon Law

If you are stopped for a DUI (aka driving under the influence of alcohol or drugs, DWI or drunk driving) and the officer has detained you for a DUI investigation, arrested you or read the Miranda warnings to you, you have a right to remain silent and not answer questions. Keep in mind that once the police officer has it in his/her mind that you may be impaired by alcohol or drugs, everything he/she does from that point on is to gather evidence to be used against you in a DUI case.

After a traffic stop where the police officer suspects you of driving under the influence of alcohol, he/she will ask you questions about where you have been, whether you have been drinking, and if so, how much. These questions are obviously designed to collect evidence to arrest you and charge you with DUI. The officer will also ask you to submit to field sobriety tests or exams. These are very difficult balancing exercises that are hard to perform under any circumstances. More importantly, whether or not you pass or fail is a completely subjective decision made by a police officer who obviously already thinks you are impaired or he/she would not have asked you to do them in the first place.

As criminal defense lawyers in the Jacksonville, Florida area who handle a lot of DUI cases, we read a lot of police reports where a person has made statements that help the police and the state prosecute them for DUI. When the U.S. Constitution affords you the right to remain silent and not incriminate yourself, consider why you would want to make a statement to the police in such a situation that is only going to be used against you in a criminal case.

Marijuana Grow Houses Growing in Florida

Published on: November 4, 2009 | by Lasnetski Gihon Law

Marijuana grow houses, where people make structural and electrical modifications to a home or other building to create a warm and humid environment where hybrid marijuana plants can grow indoors, are becoming more popular in Florida, according to a recent article on News4jax.com. Apparently, drug trafficking organizations are setting up grow houses all over Florida and the Southeast from Miami to Jacksonville to Atlanta. They are able to grow more potent marijuana that can bring in more money per plant. Additionally, many criminal courts have become less strict with marijuana crimes reducing the risk of setting up a marijuana grow house. According to the article, most people arrested for the first time for having a marijuana grow house get probation instead of jail or prison time. Of course, that will depend on a variety of factors in the case and the particular county where the suspect is arrested.

According to the article, the number of marijuana grow houses have increased exponentially since 2000 when most of the illegal drugs in Florida were brought in from Mexico and South America. The article estimates that approximately 100 pounds of marijuana from Florida grow houses are shipped from Miami to other parts of the country.

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.

Jacksonville, Florida Woman Sentenced to Four Years in Prison on DUI Charge

Published on: October 31, 2009 | by Lasnetski Gihon Law

Driving under the influence of alcohol or drugs (aka DUI, DWI or drunk driving) is ordinarily a misdemeanor charge in Florida. A misdemeanor charge ordinarily means that a person convicted of the charge cannot serve more than 12 months in jail or on probation. However, for DUI’s, a first conviction carries a six month maximum and a second conviction carries a 9 month maximum. There are other penalties associated with a DUI charge such as fines, community service, license suspensions, DUI classes and/or an interlock device, depending on if it is a first or repeat DUI conviction.

However, in some cases, a DUI in Florida can be a felony charge (a charge that can result in a sentence of more than a year in prison and/or on probation) which can carry much more serious penalties. The obvious example is when a person commits a DUI and causes an accident that results in the death of another person. This is called DUI manslaughter and was the charge for which the Jacksonville, Florida woman recently was sentenced to four years in prison. If a person commits a DUI, causes a crash that results in a death and then flees the scene, the DUI charge is a first degree felony, which is the most serious kind. And if a person commits a DUI and causes an accident that results in serious bodily injury to another person, the state will charge that person with felony DUI with serious bodily injury. In these cases, what constitutes serious bodily injury is unclear. If a person brakes a bone or has to have surgery, the serious bodily injury element is likely met. If the person has some back pain and has to see a chiropractor for a few visits, the serious bodily injury element may be a stretch.

Even a simple DUI with no accident or injuries can be charged as a felony. For instance, if a person is arrested for DUI after two prior convictions and the most recent prior conviction occurred within ten years of the recent arrest, the state can charge that person with felony DUI which comes with a maximum sentence of five years in prison. If a person is arrested for DUI and has three prior DUI convictions, even if the last conviction was decades ago, the state can charge that person with felony DUI. In these instances, the state does not always charge the more serious felony (they still have the discretion to charge a misdemeanor DUI), but they certainly can if they choose to.

Jacksonville, Florida Police Step Up Enforcement of DUI’s During Florida-Georgia Weekend

Published on: October 29, 2009 | by Lasnetski Gihon Law

It is no secret that police in Jacksonville, Florida, like in most other cities, focus their attention to certain areas and certain times of the year when investigating certain crimes like DUI (aka driving under the influence, DWI, drunk driving). One of those times is Georgia v. Florida weekend (or Florida v. Georgia weekend depending on your affiliation). And the areas the police seem to focus on when looking for DUI’s are, among others, the streets downtown near restaurants and bars, and the streets at and coming to and from Jacksonville Beach and Ponte Vedra such as beach Boulevard, Atlantic Boulevard, A1A and J Turner Butler Boulevard (JTB). Police officers will hang out near bars and restaurants watching people go to their vehicles and also along the roads watching for any traffic violations.

Obviously, if you have been drinking, the best course of action is to get a ride with a friend or call a taxi. However, if you have been stopped by a police officer in Jacksonville or elsewhere and he/she starts asking DUI-related questions, it is important to know your rights. Keep in mind that field sobriety tests are very difficult tests of balance and coordination that are tough under any circumstances. Even worse, the results are completely subjective based on the opinion of a police officer who already thinks you are drunk. Otherwise, he/she would not have asked you to do them in the first place.

Once the first DUI-related question comes out, you should know that any follow up question is designed to gather evidence to be used against you after the DUI arrest he/she is going to make. So, under those circumstances, you need to decide whether you want to answer incriminating questions and perform difficult, subjective tests or politely refuse to incriminate yourself and request to speak with a lawyer. In other words, you have a right to remain silent and not help the police make the DUI case against you.

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.

Consensual Search By Police is Limited to Areas Agreed Upon by Suspect

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

In a recent criminal case involving a burglary near Jacksonville, Florida the police received information that items recently stolen during a burglary were located in the suspect’s residence. The police waited outside the suspect’s apartment until he arrived home in his vehicle. They approached the suspect and asked him if they could search his apartment for the stolen items. The suspect apparently consented to a search of his apartment. The police officers presented the suspect with a standard form to sign signifying his consent to the search. The consent to search form was broad and included places other than the apartment, such as his vehicle. The suspect signed the form but not before crossing out his vehicle on the form.

The police then searched the apartment as the suspect apparently permitted. They found items stolen in the burglary in his apartment. Then, the police arrested the suspect and searched his vehicle which was parked on the street. They found more stolen items and evidence in the vehicle.

During the criminal case, the criminal defense lawyer made a motion to suppress the evidence found in the vehicle on the grounds that the search of the vehicle was illegal. The court ultimately agreed with the criminal defense attorney and the evidence found in the defendant’s vehicle was thrown out.

Starke, Florida Man Arrested for Possession of Marijuana After Helicopter Sees Marijuana Plants in his Yard

Published on: October 23, 2009 | by Lasnetski Gihon Law

An Air National Guard helicopter flying around Bradford County, Florida (about an hour southwest of Jacksonville, Florida) spotted a marijuana plant growing in the backyard of a Starke, Florida resident, according to an article on News4Jax.com. Local police officers subsequently searched the property including the house and found marijuana and guns. This investigation was part of a special effort in Bradford County and Union County to target illegal drug dealers and drug users.

One question in a drug case like this is whether the homeowner’s rights were violated when law enforcement observed the marijuana plant in his backyard and then searched his house and property. All individuals have very strong privacy rights in their homes and their adjacent property. As criminal defense attorneys, we have handled cases where police officers have gone into the backyards of people without search warrants and found illegal drugs only to have those cases thrown out because that kind of search is a Fourth Amendment violation. The analysis is different when the initial observation is done by a helicopter in the air space over a house. Whether the initial search of the property and observation of the marijuana is legal depends on several factors, such as whether the helicopter pilot had a right to be where he was and whether he had to use any special equipment to see one marijuana plant in the yard from a helicopter.

Any time the police or someone acting on behalf of the police observe suspected illegal drugs or suspected illegal activity in or near someone’s home without a search warrant, there is the potential for a Fourth Amendment violation that needs to be investigated. If there is such a Fourth Amendment violation, evidence of illegal drugs or other illegal activity should be thrown out..

Witnesses Get Immunity In Criminal Cases When Forced to Testify in Florida

Published on: October 21, 2009 | by Lasnetski Gihon Law

What happens in a criminal case in Florida when a witness, who may have information that incriminates him/herself, is called to testify at a deposition? Most people are familiar with the Fifth Amendment of the U.S. Constitution which says that a person has a right not to incriminate him/herself. This means that a person can not be forced to make statements to the police or prosecutors that could be used against him/her in a criminal case. But there are times in Florida where the state will subpoena a person for a sworn statement or deposition and ask that person for information that could implicate the person in a crime. Does that person have to answer those questions?

The person may have to answer questions and provide information that would be incriminating, but the information cannot be used against the person in a criminal case. A person who is subpoenaed to testify will be given what is called use and derivative use immunity. This means that the state cannot use the statements provided by the witness or any information derived by those statements against the witness in a criminal case. For instance, suppose the witness said that he drove the defendant to a particular hotel after the robbery and hid the gun in room 100. The state could not use that statement against the witness in a prosecution against the witness as an accessory to the robbery crime. Additionally, the state could not go to the hotel and get the registration form signed by the witness for room 100 and use that against the witness if the only way they learned of this information was through the witness’s statement. However, if the state was aware of the information about the hotel from another independent source, they could still use that information against the witness based on that other source.