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
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
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