Jacksonville Criminal Lawyer Blog

What is the Entrapment Defense to a Drug Charge in Florida?

Published on: August 13, 2009 | by Lasnetski Gihon Law

Criminal defense lawyers do not often assert the entrapment defense in criminal cases, particularly drug cases, because it does not apply in most cases. However, there are cases where the entrapment defense is a valid defense when a person is charged with a drug crime in Florida.

For instance, in a recent case, a defendant was charged with trafficking in cocaine after he set up a drug deal between a cocaine supplier and a buyer who turned out to be a confidential informant (CI) for the police. His criminal defense lawyer argued that the defendant was entrapped into committing the trafficking crime. The defendant testified that he was addicted to cocaine and also used other illegal drugs, such as marijuana and heroin. He could not afford his drug habit and needed a way to make some money. The CI approached him and asked him if he could arrange a deal for a large amount of cocaine. Several times, the defendant told the CI that he was not interested. However, the CI persisted and finally offered the defendant some of the cocaine if he would arrange the drug deal. The defendant agreed and was arrested by police for trafficking in cocaine right before the deal was done.

The standard for entrapment in Florida is as follows: it is not entrapment when the police intend to disrupt ongoing criminal activity and use reasonable means to do so. Alternatively, if the police are going out of their way to take advantage of someone who is not otherwise involved in drug trafficking or a related drug crime, and they use unreasonable methods to do it, the defense of entrapment can work. However, if the state can show that the defendant is predisposed to commit the drug crime, i.e. he/she has sold or been involved with illegal drugs before or was familiar with how drug deals work and the terminology, the entrapment defense is problematic, unless the defendant can show that the police’s conduct was particularly outrageous.

St. Johns County, Florida Man Arrested for Boating Under the Influence of Alcohol

Published on: August 11, 2009 | by Lasnetski Gihon Law

A man in St. Johns County, Florida was arrested for boating under the influence of alcohol, or BUI, after he was stopped for a fishing license check and the officer suspected that he was intoxicated, according to an article on News4Jax.com. During the summer months in the Jacksonville and St. Augustine, Florida areas, we see an increase in BUI cases to go along with the increased number of people boating and fishing in the local waters. Some people may think that a BUI charge is not very serious, but the laws relating to BUI can make that criminal charge as serious as the laws relating to driving under the influence of alcohol or drugs, or DUI.

There are, however, differences in how a BUI case is prosecuted and how it is defended by a criminal defense lawyer. The issues related to when an officer is permitted to stop a boater are different as are the issues related to the officer’s determination as to whether the boater is actually impaired. If you have been arrested for boating under the influence of alcohol (BUI), it is a serious charge, but there are defenses. If you have any questions about a BUI charge, feel free to call us for a free consultation.

Will the Police (or the State) Drop My Domestic Battery Case if the Victim Drops the Charges?

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

Domestic battery is perhaps the most serious misdemeanor crime in Florida and one that the State Attorney’s office takes very seriously in the Jacksonville, Florida area. However, many of them turn out to be weak cases for the State and cases where the true facts are far different from what is written in the police report.

The law office of Lasnetski Gihon Law handles a lot of domestic battery cases in Jacksonville, Florida and the surrounding areas. One question we get quite a bit is if the police and the State can proceed with domestic battery charges when the alleged victim decides she wants to drop the charges. The answer is that the State can charge a defendant with domestic battery and continue with the prosecution when the alleged victim wants to drop the charges. Once the police have been called and made an arrest, the police officer prepares a report and sends the file to the State Attorney’s Office. That file will contain the police report and may also contain pictures of injuries and/or witness statements. It is up to the prosecutor, not the alleged victim, whether or not official domestic battery charges will be brought.

However, when the alleged victim wants to drop domestic battery charges, that is still very relevant. When we handle domestic battery and other domestic violence cases, we always try and work with the alleged victim to learn the true facts surrounding what happened and determine if the alleged victim wants to drop the charges. When the alleged victim wants to drop the domestic battery charges, we can use that information and present it, along with other information, in a way that convinces the prosecutor to drop the charges or at least informs the prosecutor that the domestic battery case is not as serious as he/she may have thought from reading the police report and obtain a favorable result for our client.

Defenses in Domestic Violence Cases in Florida

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

Police in Jacksonville, Florida and the surrounding counties of Clay County, Nassau County and others make a lot of arrests for domestic battery and similar domestic violence related charges. What often happens is there is some incident, whether it is an argument, a disturbance or an actual physical altercation, and someone calls the police. The police arrive and have to make an assessment of what happened after the fact. It can be a difficult thing to do since one or both of the parties are highly emotional and are not in the right frame of mind to discuss the incident rationally. The police often make quick decisions to arrest someone, often the male, write a report and move on to the next case. The report is often one-sided and paints a picture that appears more serious and incriminating than what actually occurred. The result may be a domestic battery charge against someone that is not warranted.

At Lasnetski Gihon Law, we analyze a lot of domestic battery cases and the evidence that the police contend supports the charge. There are several ways for criminal defense lawyers, especially those experienced in domestic battery cases, to defend against domestic battery charges. Once the incident is over, the alleged victim usually calms down and decides she does not want to prosecute. If done the right way, this can be an important tool for a defendant in a domestic battery case. Additionally, once the alleged victim calms down, she will often discuss how the actual facts of the incident are different, and less serious, than what was initially reported and what is in the police report. The police do not often conduct a full investigation when they respond to a domestic battery call. If the alleged victim is claiming an injury, the police may not document it with pictures which calls into question the existence or seriousness of the injury. If an altercation allegedly occurred, did the police take pictures of the surrounding area, i.e. the room in the home where it supposedly occurred, to show that something did happen there? If there were any witnesses such as roommates, neighbors or guests that would have seen or heard a disturbance, are there written or recorded statements?

When we investigate domestic battery cases, we always ask these questions and others and often find that a complete investigation was not done. With these holes in the domestic battery case and the alleged victim’s intention to drop the charges (or even without this last element), domestic battery cases will often have several good avenues of defense that result in good results for the client.

Significant Increase in U. S. Border Patrol Drug Seizures

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

The United States Customs and Border Protection (“border patrol”) announced that they have seized a significantly greater amount of drugs in fiscal 2009 (three-fourths of the way into the fiscal year). Specifically, the border patrol seized approximately 3.3 million pounds of illegal drugs which is a 64% increase from 2008. Marijuana is still the drug that is seized the most by the border patrol at 2.6 million pounds. In addition to the marijuana, 60,411 pounds of cocaine, 4,384 pounds of methamphetamine and 1,463 pounds of heroin were seized by the border patrol. Along with the illegal drugs, $43.9 million in currency and 772 firearms were seized by the border patrol.

Driving With a Suspended License and DUI Charges Should Not Be Tried Together.

Published on: August 2, 2009 | by Lasnetski Gihon Law

It is not uncommon for a person to be arrested for driving under the influence of alcohol or drugs (also commonly referred to as DUI, DWI or drunk driving) and driving with a suspended or revoked license, or DWLS, in Florida. Under those circumstances the prosecutor will file at least two charges in the information, one for DUI and the other for DWLS. If the defendant decides to take the case to trial, those two charges should be separated, or severed. In other words, the jury that hears the evidence related to the DUI charge should not hear the evidence and decide the case related to the driving with a suspended license charge. A different jury at a new trial should decide the second charge.

The reason these charges should be severed is because the evidence pertaining the driver’s alleged suspended license, such as his driving history, is unrelated to the evidence related to the DUI, and vice versa. This relates to the idea that unduly prejudicial evidence should not be admissible in court. It is prejudicial for the state to present evidence of the defendant’s driving history and suspended license in his/her DUI trial because that evidence has nothing to do with the DUI and only paints the defendant in a bad light with irrelevant evidence. Likewise, when a jury is deciding whether the defendant was driving with a suspended license, it is prejudicial for the state to present evidence of the defendant’s intoxication because that is irrelevant to the DWLS charge.

Where a defendant has been charged with driving under the influence of alcohol or drugs and driving with a suspended or revoked license in the same case, it is important for the criminal defense lawyer to file a motion to sever those charges so the state is not permitted to admit unnecessary and prejudicial evidence against the defendant at the trial. The jury should only hear the specific evidence relevant to the particular charge.

Invalid Drug Arrest Based on Constructive Possession of Cocaine

Published on: July 30, 2009 | by Lasnetski Gihon Law

A common scenario for drug arrests in Jacksonville, Florida will have the police searching a car, house or other location, find a bag of drugs and arrest the person closest to it. When the police find drugs, they want to arrest someone, although proof that the person arrested possessed or owned the drugs does not always exist.

For instance, in a recent criminal case just outside of Jacksonville, Florida, the police were investigating a hotel they believed was a known drug area where crack cocaine was often sold. They observed the defendant enter and leave one of the hotel rooms several times. The police recognized the defendant as someone who had an outstanding warrant for his arrest. The police officer followed the defendant into the hotel room and found a crack pipe and cocaine in the room. The crack pipe and cocaine were on the night stand in between the two beds. The defendant was in the room along with two other people. No one in the room was in the immediate vicinity of the crack pipe and cocaine. The hotel room was not registered to the defendant.

The police arrested the defendant for possession of cocaine and possession of drug paraphernalia, perhaps because he was closest to the drugs or because they were familiar with his criminal history. However, the case was later dismissed by his criminal defense lawyer.

Is There a Difference Between Drinking and Driving and DUI?

Published on: July 27, 2009 | by Lasnetski Gihon Law

There is a difference between drinking and driving and being guilty of driving under the influence of alcohol (aka DUI in Florida or DWI in some states). Clearly, if you have been drinking, the safest course of action is to stay the night where you are, let a friend drive or call a taxi. However, we handle a lot of DUI cases in the Jacksonville, Florida area and often see people arrested for DUI who may have had a couple of drinks but whose condition did not rise to the level of a DUI. It is not proper for a police officer to make a DUI arrest just because a person has been drinking. However, this often occurs. That a driver has been drinking is just the threshold factor for a proper DUI investigation. In order for a DUI arrest to be proper, the police officer must have evidence that the driver was under the influence of alcohol to the extent his normal faculties, such as sight, balance, coordination, judgment, are impaired. Therefore, if a person had a couple of drinks at dinner and may have committed a traffic violation but is not showing signs of impairment from alcohol, he/she should not be arrested for DUI. However, police make arrests under these circumstances all of the time.

There are ways for criminal defense attorneys to combat DUI arrests that are based on insufficient evidence and point out common inconsistencies and exaggerations in the police officer’s arrest report and testimony. DUI videos, jail videos and pictures are available that can help disprove an officer’s report and testimony about the condition of the person arrested for DUI both during the DUI investigation and after the DUI arrest. If you have been arrested for DUI in the Jacksonville, Florida area and have questions about how to fight the DUI charge, feel free to contact us for a free consultation.

Fewer Drunk Drivers on the Roads According to Government Report

Published on: July 24, 2009 | by Lasnetski Gihon Law

There have been fewer drunk drivers and drivers intoxicated from drugs driving on the roads according to a study by the National Highway Traffic Safety Administration. The study found that tougher DUI laws and stricter enforcement of DUI laws have contributed to the reduction in drunk driving. Back in 1973, 7.5% of drivers surveyed had blood alcohol levels over the current legal limit of at least 0.08 compared to only 2.2% surveyed in 2007, according to an article on News4Jax.com. A government survey also found that 16.3% of nighttime weekend drivers tested positive for drugs such as marijuana, cocaine and methamphetamine. However, a positive drug test does not necessarily prove that the driver is under the influence of drugs at the time since a drug can stay in a person’s system after the effects of the drug have worn off. The study also reached a fairly obvious conclusion that a person is more likely to encounter a drunk driver or a driver intoxicated from drugs late at night or early in the morning.

Here in Jacksonville, Florida, the police are definitely focused on making DUI arrests. As expected, Jacksonville police looking to make DUI arrests are more concentrated in certain areas, such as Jacksonville Beach and the main roads going to and from Jacksonville Beach, and more likely to make DUI stops late at night and on the weekends. Before answering any questions or submitting to any tests after you have been pulled over by a police officer, keep in mind that once a police officer has an inclination that you have been drinking, everything he/she asks and does will be designed to obtain evidence to support the DUI arrest he is about to make. If you have any questions about how to handle a DUI stop or a recent DUI arrest, feel free to contact us for a free consultation.

Federal Law Proposed to Allow Carrying a Concealed Weapon Permit to Remain Valid Across State Lines

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

Many states, including Florida, allow qualified residents to apply for and obtain concealed weapons permits. These permits allow the person to carry a concealed weapon, such as a firearm, in their vehicles and other concealed places. In Florida, carrying a concealed firearm without such a permit is a third degree felony punishable by up to five years in prison; carrying a concealed weapon (non-firearm, such as a knife), without authorization is a misdemeanor.

The laws of each state are different, and particulars regarding how and where a person can carrying a concealed firearm or weapon are not the same in each state. As a result, if a person has a concealed weapon permit in one state and travels to another that has different laws regarding how that weapon can be concealed, that person may be violating the concealed weapon law of the second state even though he/she has a valid concealed weapon permit and is following the law of his/her home state. The new proposal would make it clear that a person who has a concealed weapon permit from one state can travel into other states with the concealed weapon as long as the other state also issues concealed weapon permits.

One group that would welcome such a law is semi truck drivers who constantly travel across state lines and often have to stop in dangerous and secluded areas while carrying valuable cargo. Truck drivers are at greater risk of becoming robbery targets and should have the right to protect themselves when they are on the road.