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 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
Domestic violence is a serious issue. The news media routinely reports on allegations of domestic violence that have been made against professional football players, famous athletes or actors. The public becomes outraged and decides the one charged must be guilty without waiting for a trial or resolution of the issue. There generally are serious consequences … Read more
You may be sitting around talking with your friend or friends. You all agree to sell a certain amount of a controlled substance. Under Florida law, you have just committed the criminal offense of conspiracy. In real life, state prosecutors likely will wait until one of you has done something to further the conspiracy. Such an … Read more
Receiving a phone call informing you that your child is in police custody is generally life-changing. Although your first impulse might be to let your child suffer the consequences of the bad behavior that led to the arrest and detention, you need to ignore that reaction. There are serious implications for a juvenile arrest, detention … Read more
In Florida, as in all other states, driving with a blood alcohol content (BAC) of 0.08 or greater is illegal. If law enforcement stops a driver on suspicion of driving under the influence (DUI), one common test they administer is a Breathalyzer. When you drink, the alcohol in your blood stream flows through your … Read more
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