Jacksonville Criminal Lawyer Blog

Jacksonville Elementary School Teacher Arrested After Police Find Marijuana, a Crack Pipe and a Gun in Her Home

Published on: January 18, 2009 | by Lasnetski Gihon Law

A Jacksonville, Florida elementary school teacher at Cedar Hills Elementary School (Gina Cevasco) was arrested after Jacksonville Sheriff’s Office (JSO) officers reportedly responded to her house in reference to a drug complaint, according to an article on News4Jax.com. The JSO officers apparently obtained consent to search the house from her son, and then her, and found the drugs and gun in the house. The article does not give any further details and without them, it is hard to specifically evaluate the several issues that are potentially present, a couple of which include: whether the consent to search initially given by the son was legally sufficient to allow the Jacksonville police to search when and where they did; whether the consent to search obtained from the son and later the mother/teacher was lawfully obtained; whether the tip the police received and any other evidence they may have had were sufficient to rise to the level of probable cause allowing the police to obtain a search warrant if consent had not been given; based on where the drugs and gun were found and the number of people who have been in the house, whether the drugs and gun can be attributed to any particular person.

One issue that immediately came to mind after reading the article is that many people do not know their Constitutional rights when it comes to such encounters with police. If the police approach a person on the street, in his/her car, at his/her home, no matter what the police officer says and how much they purport to know about drug or other illegal activity taking place, a person has a right to refuse to give consent to police to search his/her person, home, car or other belongings.

If you have questions about your rights when it comes to a drug investigation, arrest or charge, an encounter with police or any other search and seizure issue in the Jacksonville, Florida or Northeast Florida area, contact an experienced law firm whose attorneys understand the ever-changing law in this area so your rights can be protected.

Jacksonville Law Firm Lasnetski Gihon Law Announces that Harry Shorstein Has Joined the Firm

Published on: January 16, 2009 | by Lasnetski Gihon Law

Harry Shorstein recently decided not to run for reelection after serving for approximately 18 years as the State Attorney for the Fourth Judicial Circuit in Florida which includes Duval County (Jacksonville), Clay County and Nassau County. Instead, Harry Shorstein decided to return to private practice and join his son, Paul Shorstein, and his partner, Jeremy Lasnetski. Harry Shorstein brings a wealth of experience in the several areas in which he practiced not only as the State Attorney for many years but also as the General Counsel for the City of Jacksonville and the sole proprietor of his own law practice which focused on all varieties of litigation. Harry Shorstein will now devote his time to representing individuals and companies investigated for, and charged with, crimes in the state and federal systems, representing individuals and families who have been injured due to the negligence of other individuals or companies, representing businesses in commercial disputes and representing doctors and other professionals who have legal issues in front of licensing and other review boards.

If you have a criminal, personal injury or civil litigation matter in the Jacksonville area, any other area in Florida or even in Georgia (Paul Shorstein is licensed to practice in Georgia) and would like to discuss it with Harry Shorstein or any other member of the firm (consultations are still free), please contact us anytime.

DUI Suspects Have a Right to an Independent Blood Test in Florida

Published on: January 15, 2009 | by Lasnetski Gihon Law

If a Jacksonville Sheriff’s Office officer pulls a driver over and suspects that the driver is driving under the influence of alcohol or drugs (commonly referred to as DUI or DWI), the officer will ask the driver to submit to a state administered blood or breath alcohol test to measure the concentration of alcohol in the driver’s system. For suspects who do not trust the state administered blood or breath test or who otherwise would like an independent test, Florida law provides that a driver has a right to have such an independent test performed by a hospital, nurse, doctor or laboratory of his/her choosing.

However, keep in mind that the Jacksonville police officer who is investigating a driver for the crime of DUI does not have to, and likely will not, inform the driver that he/she has a right to an independent test. It is up to the driver to clearly and unequivocally make the request for the independent blood test and pay for it. The police officer does, however, have to allow a suspect the opportunity to make the arrangements for the test by providing telephone access. It is unclear whether the police officer has to provide transportation, however, the police officer may not interfere with the suspect’s ability to take the test and that may require transportation.

Jacksonville School Officials Are Finding a Suprising Number of Guns in Schools

Published on: January 12, 2009 | by Lasnetski Gihon Law

In only four months of this school year, Jacksonville, Florida school officials have found twelve guns in Jacksonville area schools, according to an article on News4Jax.com. As school administrators indicated, they may address this problem by increasing searches of students including random searches of their backpacks, their lockers, classrooms and school buses. Not long ago, we discussed an extreme case of school officials strip searching a young student when they suspected she had Advil in her possession. We discussed that students do have the Fourth Amendment right to be free from unreasonable searches and seizures, however that right is qualified somewhat in the school setting. School officials can search students if it is justified and reasonable and the search does not excessively intrude upon the student as a strip search of a young female student to find Advil clearly did.

Based on Constitutional law, school officials generally could have a right to conduct searches in their schools to make sure guns are not brought into the school. However, whether a search of any individual student is Constitutionally legal would depend on the circumstances of the case and the nature of the search.

Jacksonville, Florida Supervisor at DCF Arrested on Theft Charges

Published on: January 9, 2009 | by Lasnetski Gihon Law

A woman who held the position of supervisor at the Department of Children and Family Services (“DCF”) was arrested for allegedly stealing money that was intended for recipients of government assistance, according to an article on www.News4Jax.com. She was arrested on charges of grand theft, criminal use of personal information and scheming to defraud according to the article. The total amount of money that was reportedly stolen was approximately $24,000.

This type of theft, which is often categorized as a white collar crime, is committed in Florida when a person takes the property of another for his/her own use without authorization. The penalties for the crime of theft in Florida depend on a variety of factors, including the value of that which is stolen. Where money has been stolen in an amount equal to or greater than $20,000 but less than $100,000, the crime is grand theft which is a second degree felony that carries a maximum prison sentence of 15 years.

As criminal defense lawyers representing a person who has been accused of such a theft or white collar crime, in addition to evaluating the evidence to determine if there is sufficient evidence to prove the defendant committed the crime, it is always important to evaluate the evidence to make sure the amount the state alleges was stolen is accurate and not based on any presumptions or speculation. This could mean the difference between a first degree, second degree or third degree felony or even a misdemeanor and potentially many years in prison and/or on probation.

At a Traffic Stop in Jacksonville, Florida, Your Statements to Police May be Used Against You in Court

Published on: January 8, 2009 | by Lasnetski Gihon Law

Most people are familiar with Miranda warnings which warn a suspect that, among other things, he/she has a right to remain silent and a right to an attorney before the police ask him/her questions about suspected criminal activity. If the police are required to give those Miranda warnings and do not and then ask questions of a suspect, the suspect’s answers will likely be inadmissible at the criminal trial. However, it is not always clear when the police are required to give Miranda warnings. For instance, are the police required to give the Miranda warnings to a suspect during a routine traffic stop before the officer asks the suspect questions about a possible crime? It depends on the circumstances.

For instance, consider a situation that occurred near Jacksonville, Florida that involved two people racing their vehicles, which is a misdemeanor crime in Florida. A police officer observed the race and pulled both vehicles over. He questioned both drivers, and they both admitted to racing. Both drivers were then given notices to appear in court to answer to criminal charges for racing. The police officer did not give the Miranda warnings to the drivers before asking them questions about the suspected racing crime.

The criminal defense lawyers tried to have those statements thrown out of court because the defendants were not given their Miranda warnings before being asked about the racing. The criminal defense lawyers were not successful. Whether a police officer needs to give Miranda warnings before asking investigative questions of a suspect depends on the nature of the encounter between the police officer and suspect. If it reasonably appears to the suspect that he/she is in custody or is under such pressure that his/her right to remain silent seems compromised, the police officer must give Miranda warnings before questioning the suspect about a crime. However, this is a fairly gray area. Some of the factors that determine whether a suspect is “in custody” are: the length of time of the questioning, the number of police officers involved in the encounter, whether the suspect is handcuffed, placed in the police car or otherwise moved to a different location and whether the suspect was searched. If some of these factors are present, the defendant likely has a good argument that he/she should have been given Miranda warnings prior to questioning and any answers he gave about any criminal activity are inadmissible in court. If, as in the racing case referenced above, the police encounter is more consistent with a normal traffic stop that is fairly brief and involves only a few questions while the suspect has not been constrained in any way, there is a good possibility that any answers he/she gives to police questioning could be used against him/her in court even if no Miranda warnings were given.

The Psychology of a DUI Stop

Published on: January 5, 2009 | by Lasnetski Gihon Law

Consider a typical DUI traffic stop that often occurs in Jacksonville, Florida. A police officer will see a person commit a driving infraction such as speeding or running a stop sign late on a Saturday night. The police officer pulls the driver over and immediately suspects the driver of being under the influence of alcohol or drugs, perhaps because of the age of the driver, the fact that it is late on a weekend, the fact that there are certain bars or restaurants down the road or any other factors that may bias the officer. From that point on, the police encounter and the decision as to whether or not to arrest the driver for DUI is very subjective. In other words, whether a DUI arrest is made is not based on concrete, objective factors that can later be confirmed in court; rather, the decision to arrest for DUI will often be based on the perceptions, observations, conclusions and biases of the police officer. Just about every police officer that has made a DUI arrest since the beginning of time will report that the suspect had bloodshot and watery eyes, emitted a strong odor of alcohol, had slurred or mumbled speech and failed the field sobriety tests if the driver submitted to them. However, those conclusions are all very subjective. How bloodshot and watery were the driver’s eyes compared to what they normally look like? What if the driver was in a smoky bar or staring at a computer screen all day? How strong is a “strong odor of alcohol”? What is slurred speech compared to how a person normally speaks? Over the entire time period of the police encounter, how often must the driver slur his/her speech for it to be considered significant? Is the speech slurred due to alcohol or because the person is nervous? How the officer interprets these questions is very subjective.

The word “bias” is not used negatively here but as a natural and normal psychological phenomenon- a cognitive bias, and it is a significant factor. The human brain is wired to see patterns and draw conclusions subconsciously. While we would hope that a police officer would come to a conclusion only after assessing all of the relevant data, humans have a psychological tendency to draw the conclusion and fit the data to conform to that conclusion. The human brain is also wired to avoid conflict. In other words, if we believe something to be true, i.e. we see something we believe conforms to a pattern we assume exists, we challenge ideas or perceptions that are inconsistent with our belief and automatically accept ideas that are consistent with our belief. The human brain is much happier when ideas and perceptions are consistent.

At a DUI stop, if a police officer believes the driver is under the influence of alcohol, i.e. that is the idea he/she perceives that is consistent with the pattern he/she accepts, the officer may interpret the subsequent evidence to conform to that belief. As a result, these subjective factors like bloodshot and watery eyes, slurred speech, an odor of alcohol and performance on field sobriety tests may be interpreted to be consistent with the idea of a drunk driver rather than what the facts actually illustrate.

A Good Example of What Not To Do if the Police Stop You on Suspicion of DUI in Jacksonville, Florida

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

If you are stopped by police in Jacksonville, Florida, or anywhere else for that matter, and are suspected of driving under the influence of alcohol or drugs, here is a good example of how you would not want to handle that police encounter. Charles Barkley is famous mainly for two things- he was one of the best professional basketball players in the 1980’s and 1990’s and he was, and continues to be, one of the most outspoken athletes and former athletes. The former characteristic can, at times, get people out of trouble, but the latter characteristic is rarely helpful during a police encounter, particularly when a police officer suspects a person of driving under the influence of alcohol (referred to as a DUI or DWI).

In the early morning hours on New Year’s Eve, Barkley was stopped after a police officer reportedly saw him roll through a stop sign. When the police officer activated his emergency lights, Barkley stopped in the road rather than pulling over to the side of the road. The police officer approached Barkley and said he detected an odor of alcohol and observed that Barkley’s eyes were bloodshot and watery. The police officer asked Barkley if he had been drinking, and Barkley said, “A couple.” The police officer asked Barkley if he would submit to field sobriety tests, and Barkley agreed. The police officer determined that Barkley failed those tests. Barkley also reportedly told the officer that he was in a hurry to meet a girl for oral sex. After the discussion with Barkley and the field sobriety tests, the police officer arrested Barkley for DUI.

Barkley messed up this police DUI encounter in several ways. Keep in mind that everything Barkley did and said that the police officer or the prosecutor believes is evidence that he was impaired by alcohol will be used against Barkley in court. When the police officer engaged his emergency lights, Barkley should have pulled over off of the road rather than in the road. People should know that it is unsafe to stop in the road, and the police and prosecutor will say that his failure to pull over off of the road is a sign of poor judgment, which is a factor in determining if a person is impaired.

Police in Jacksonville, Florida Are Looking to Make DUI Arrests on New Year’s Eve

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

Jacksonville Sheriff’s Office officers are out in force on holidays looking to stop drivers whom they suspect are driving under the influence of alcohol or drugs (aka DUI, DWI or drunk driving). This is particularly true in Jacksonville and Jacksonville Beach on New Year’s Eve. Some of the more common areas where DUI police officers are prevalent are J. Turner Butler Boulevard (JTB), Beach Boulevard and Atlantic Boulevard. Police often look for drivers whom they believe are indicating signs of impairment, such as swerving, aggressive driving, excessive speeding or driving very slowly or driving in a manner that causes a motor vehicle accident.

If you are pulled over on New Year’s Eve in Jacksonville, Florida (or any other time or place), keep in mind that you have rights. The officer may ask you to submit to a series of field sobriety tests. You do not have to submit to those tests. The officer may ask you questions about what you have been doing prior to the police stop and whether you have been drinking. You can politely request your lawyer rather than provide that potentially incriminating information to the police officer. If you do get stopped and arrested for DUI, it is important to contact a lawyer as soon as possible so your rights can be protected.

Florida Law May Change to Help Police Enforce Seat Belt Laws

Published on: December 28, 2008 | by Lasnetski Gihon Law

Most people in Jacksonville and throughout Florida know that it is against the law to drive a vehicle without wearing a seat belt. A violation of this law typically results in a traffic ticket and a fine. It is also fairly common knowledge that many criminal investigations and arrests are initiated after a Jacksonville police officer pulls a car over for a traffic violation and then suspects that a crime is being committed by the driver such as a DUI (aka driving under the influence or DWI) or some type of drug possession.

However, what is not commonly known in Jacksonville and throughout Florida is that while it is illegal to drive without wearing the seat belt, a police officer may not pull a driver over for that reason alone. A seat belt violation is referred to as a secondary offense, which means that a police officer may only give a driver a ticket for that offense after the officer has stopped the driver for a different, primary offense, such as speeding or careless driving. As a result, under the current law, the fact that a driver is not wearing his/her seat belt cannot be used as a basis to pull a driver over and initiate a more serious criminal investigation into a crime such as a DUI or drug possession.

Florida lawmakers are proposing to change this law to make a seat belt violation a primary offense. If they are successful, police officers will have the authority to pull drivers who they have reason to believe are not wearing their seat belts. This would hopefully lead to fewer injuries and deaths resulting from accidents but would also likely lead to more DUI and drug arrests.