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
Under Florida law, if you are convicted of causing a vehicular accident in which someone was killed and your blood alcohol content (BAC) was at or beyond the legal limit of 0.08, you will be sentenced to a mandatory minimum of four years in prison. You may be sentenced up to 15 years for your first … Read more
The statute of limitations (SOL) in a criminal case means the time within which the state must file charges against you. If the state misses the deadline, it is barred from filing charges against you. For example, if the statute of limitations is one year, and the state does not charge you within one year … Read more
Hearsay is defined as an out of court statement offered in court against a defendant “for the truth of the matter asserted.” It is based on the Sixth Amendment right afforded those who are accused of a criminal offense to confront witnesses against them. “Confront” means the right to challenge the statement of the witness … Read more
Possession of drugs that can be legally obtained with a valid prescription become illegal when possessed by a person who does not have a prescription. This means that if you take home “a few” of your friend’s prescription pain pills thinking you will use them for your own occasional headache or to take the edge … Read more
Under both state and federal law, there are weapons offenses and weapons enhancements. A weapons offense is a stand-alone charge which includes things like being a felon in possession of a gun, carrying an unlicensed firearm or possession of a knife with a certain type of blade. The possession of the weapon is the offense. … Read more
Imagine a friend has invited you to join him and some others on his boat. You agree. As you board the boat, he hands you what you know is an ounce of cocaine and asks you to put it in an ice chest. Later, another guest asks you if you know where the drugs are. … Read more
According to Florida law, a person commits burglary if he or she enters “a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.” The statute lists various other provisions for either … Read more
The Fourth Amendment of the U.S. Constitution provides that people cannot be subject to warrantless searches and seizures without probable cause. A person is “seized” “only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen” (Golphin v. State, 945 So 2d 1174 (Fla., 2006). … Read more
You’ve seen it countless times on television crime dramas – a suspect is arrested and told by law enforcement, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one … Read more
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