When Does the Seizure of a Person Occur?  

The Fourth Amendment to the U.S. Constitution and Article 1, Section 12 of the Florida Constitution both provide protection against unreasonable warrantless searches and seizures. This includes the seizure, or arrest, of a person. Depending on the circumstances, there are different standards law enforcement must meet in order to comply with the constitutional mandates. There may be times when police officers … Read more

Racing on the Highway: Citations and Arrests

Whether you are thinking about street racing or have already been cited for racing on the highway, there are some things you need to know about the law. Even passengers in cars or spectators may be cited for their participation in such an event and need the help of a Jacksonville criminal defense lawyer. Florida … Read more

The Marital Privilege

If you are charged with a criminal offense and expect to go to trial, you may ask if your spouse can be forced to testify against you. Florida law provides for communications between married couples to be privileged. This means that one spouse cannot be forced to testify against the other unless certain exceptions are … Read more

Admissibility of Defendant’s Admissions  

In all court proceedings, both civil and criminal, the Florida Evidence Code prohibits the admission of hearsay statements. Hearsay is defined as an out-of-court statement offered at trial for the purpose of “proving the truth of the matter asserted.” As is often the case with many statutes, there are exceptions to the general hearsay rule. Florida Evidence Code, … Read more

What is a Motion to Suppress?

A Motion to Suppress is a pretrial motion filed by the defense and must follow the Florida rules of Criminal Procedure. It presents the argument to the court that evidence was obtained in violation of the defendant’s constitutional rights and should therefore be inadmissible at trial. If the court agrees there were constitutional violations and decides in … Read more

What is a Motion to Dismiss?

A Motion to Dismiss is a formal request to the court asking it to stop the prosecution and dismiss the charges against the defendant. The Jacksonville criminal defense attorney who files the motion must include all the relevant facts of the case. According to the rules for Florida Criminal Procedure, the Defendant  must swear the facts … Read more