Jacksonville Criminal Defense Attorney Blog

The fourth amendment to the United States constitution is part of the Bill of Rights which gives citizens of the U.S. protection against unlawful searches and seizures. In Katz v. United States 389 U.S. 347 (1967) the Court said that citizens only have this protection when they have a "reasonable expectation of privacy" in the area to be searched. It is obvious that we have a reasonable expectation of privacy in our person but when we get into our surrounding area the protection can be harder to determine.

In order for a police officer to be able to search you they have to have probable cause that you have committed a crime and the search must be reasonable. Another circumstance in which the police can search you is if they have a warrant that was issued based on a sworn affidavit of probable cause that you have committed a crime. One thing that overrides your fourth amendment rights is giving the police consent to search your person, your vehicle, or your home. This is the biggest mistake most of my clients make when being confronted by the police.

The easiest rule to follow is do not give consent to the police to search anything. If they search you anyway there is nothing you can do about it. You shouldn't resist the search but simply make it clear that they do not have verbal consent to search anything in which you have an expectation of privacy. There is no law that makes it a crime to deny the police's request to search you.

The reasoning behind this, even if you are fairly certain that you have done nothing wrong, is that passengers in your vehicle, guests in your house, or someone that you borrowed a coat or bag from, may have left something illegal in those places. Once the police find the contraband it is very hard to get in front of a judge or jury and argue that it belonged to someone else but somehow ended up in your possession without your knowledge. If you get searched after you refuse to give consent, at least you have an argument that the search was illegal or unreasonable and you can keep the evidence out of court under the "fruit of the poisonous tree doctrine".

Continue reading " Do I Have to Consent to a Search in Jacksonville? " »

According to the Florida Statutes 958.04 the court may sentence a person who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985. The person also has to be found guilty of or who pled to a crime that is a felony. The offender must be younger than 21 years of age at the time sentence is imposed and not previously been classified as a youthful offender.

The court may place a youthful offender under supervision on probation or in a community control program for no longer than six years. The court may also impose a period of incarceration in a county facility, a department probation and restitution center, or a community residential facility. The court may also impose a split sentence under which the youthful offender is to be placed on probation or community control upon completion of a period of incarceration.

The legislature has also required that the department develop and implement a basic training program for youthful offenders. The time to be served at the basic training program shall be no less than 120 days. The program includes marching drills, calisthenics, a rigid dress code, manual labor assignments, physical training with obstacle courses, training in decisionmaking and personal development, general education development and adult basic education courses, and drug counseling and other rehabilitation programs.

Continue reading " What Is A Youthful Offender In Jacksonville? " »

If you have been arrested in Jacksonville, Florida and have been charged with a misdemeanor or a felony, there are a number of outcomes that are possible in your case. One of the best possible dispositions, besides the case simply being dismissed, which is rare, is an offer from the prosecuting attorney to participate in the pretrial intervention program.

The pretrial intervention program is a program in which the state agrees to either not file charges against you or dismiss the existing charges against you in exchange for several conditions. Generally the conditions that you must satisfy are things like community service time, restitution, reimbursement of investigative costs, or potentially attending a class pertaining to the crime you were alleged to have committed.

PTI is a method by which you can show to the State's Attorney that you are serious about rehabilitating your behavior. While this type of outcome is more common in misdemeanor cases, it is sometimes offered in felony cases as well. If you have no previous criminal record you are more likely to get an offer to participate in the program and avoid prosecution. Once you have completed the requirements of the program your case will be dismissed.

Continue reading " What is Jacksonville Pretrial Intervention (PTI)? " »

The short answer is yes. The harder question is what constitutes the crime of gambling. According to Florida Statute 849.08 gambling consists of "game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value." A violation of this statute constitutes a misdemeanor of the second degree.

So why are there certain places where it is legal to gamble in Florida? The legislature has created additional laws that permit the creation of organized games and locations where gambling is legal. The underlying reason is probably a mixture of public demand and a need for additional revenue to the state.

Continue reading " Is Gambling Illegal In Jacksonville, Florida? " »

If you are charged with a crime in Florida you have a right to get a copy of any statements you have made to investigators or police officers. Under Florida Statute 925.05 "on motion of the defendant after an indictment, information, or affidavit has been filed, the court shall order the prosecuting attorney to permit the defendant to photograph or copy any written or recorded statements or confessions of the defendant, whether they are signed or not." In the order you need to specify the time, place, and manner of taking the photographs or copies and any other conditions.

Generally your attorney will be able to get this information on your behalf through the discovery process. Upon reviewing these statements you may realize that some of the reports of interviews do not accurately reflect what you said. That is further justification for invoking your fifth amendment privilege when being investigated for a crime. Most suspects believe they can explain their circumstances in such a way that it lifts the veil of suspicion from them. However, in mosts cases, those very statements are used against you at trial.

Continue reading " How Do I Get a Copy of a Statement I Made to the Police? " »

In Florida, when you are charged with a crime, there are important procedural rights you have before trial that may allow you to have the charges against you dropped. If you are incarcerated when an indictment, information, or affidavit on which you can be tried is filed you may apply for a writ of habeas corpus attacking the indictment, information, or affidavit. If you are successful, the charges against you will be dropped and you will be released.

Another option you have to try and get the charges against you dropped is to file a motion to dismiss the indictment, information, or affidavit against you for lack of probable cause or some other deficiency in the State of Florida's case against you. If you have been in custody for 30 days after your arrest without a trial you are entitled to a preliminary hearing upon application to the court. At the preliminary hearing the state has to demonstrate that they have enough evidence to move the case forward to trial on the charges against you. Depending on the severity of the charges against you and several other factors your attorney may be able to get your bail set at an amount that you can afford.<

Continue reading " How Can I Get My Florida Criminal Case Dismissed? " »

In the State of Florida the two primary ways in which a person is notified that they are being charged with a misdemeanor is by either summons or a warrant. A summons is issued when there is a complaint for an offense within trial judge's jurisdiction that he can try summarily. If the trial judge reasonably believes the person being charged will appear in court, he will issue a summons. If the trial judge can not try the case summarily but they still reasonably believe that the person charged will appear at trial, they may issue a summons.

Under alternative circumstances a judge may issue a warrant if, based on the complaint and witnesses, he reasonably believes the person complained about committed the offense charged. There are three requirements to issue a warrant in Florida:

1) A complaint has been filed charging the commission of a misdemeanor only;
2) The summons issued to the defendant has been returned unserved; and
3) The judge reasonably believes the person complained about committed the offense charged.

Continue reading " What Is the Difference Between a Summons and a Warrant In Florida? " »

The purpose of bail in a Florida Criminal case is to ensure the appearance of a criminal defendant at subsequent proceedings and protect the community against unreasonable danger at the hands of the defendant. Criminal defendants are given the opportunity at a bail hearing to present to a judge reasons why they should be released on bail. There are a number of things the court shall consider when making a bail determination.

Some of the considerations the court must consider are: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's toes to the community; the defendant's prior record; and what the probability of danger the defendant poses to the community. Once the court has taken all of these factors into consideration it will set a bail amount. Generally criminal defendants hire a bail bondsman to pay the bail on their behalf. Most bail bondsmen require the defendant to pay at least 10% of the bond amount. In addition, they may require you to put up some other form of collateral depending on the bail amount. If you show up to trial when you are supposed to the bail will get returned to the bail bondsman after the case is over. The fee you pay to the bail bondsman is not returned to you.

Continue reading " What Is The Purpose Of Bail In A Florida Criminal Case? " »

A Melbourne Beach man has been arrested for allegedly striking a woman in the face for making disparaging remarks about the outcome of the Casey Anthony trial and then jumping off the pier to evade arrest. The fight was reported to Melbourne Beach police officers at 11:54 PM on Saturday, July 9. The suspect, Robert Aydin Hakimoglu, 42, reportedly saw the officers approaching and made a jump for it into the dark waters and began swimming.

Apparently the suspect and the victim were discussing the Casey Anthony trial and he became upset with the victim's remarks about the outcome. Witnesses say Hakimoglu agreed with the jury decision stating "anybody who didn't agree with it is not an American". According to bystanders he also added that he "would like to meet Anthony and maybe have kids with her."

Continue reading " Casey Anthony Admirer Arrested For Striking Anthony Naysayer " »

In a recent decision by the U.S. Supreme Court, police officers were given great latitude to sidestep the fourth amendment. The decision came in the case of Kentucky v. King where police officers in Kentucky pursued a suspect who sold crack cocaine to an undercover informant. During the pursuit the officers lost sight of the suspect in the vicinity of an apartment building. While investigating the apartment building the police thought they smelled marijuana coming from an apartment in which they thought the suspect may have been hiding. When the officers heard movement from behind the door they forcibly entered the apartment without a warrant, claiming they thought that evidence was about to be destroyed.

While in the incorrect apartment, they discovered Hollis King and several individuals smoking marijuana in the presence of cash, drugs, and other paraphernalia. King entered a conditional guilty plea while also reserving his right to appeal the denial of his motion to suppress the evidence obtained from what he alleged to be an illegal search.The Kentucky Court of Appeals affirmed the conviction holding that the exigent circumstances that supported the warrantless search, were not caused by the police and therefore they did not engage in deliberate conduct to avoid the warrant requirement. The Kentucky Supreme Court reversed the lower court and found that the search was improper.

Continue reading " Supreme Court Delivers Blow To The Fourth Amendment " »

A recent Broward county decision prohibits police officer to write red light tickets. As bizarre as that may sound, it is going on in Broward county.

The use of red light cameras has really shaken things up and has impacted the ability of police officers to write speeding tickets. What is the reason for the shakeup?

The disparity between red light camera fines and officer tickets is pretty substantial and attorneys have argued that this disparate treatment is unconstitutional.

Why is it constitutional? It purportedly violates the equal protection clause by issuing different punishments (in this case fines) for the same offense.

Continue reading " Red Light tickets in Broward County " »

The 4th of July weekend is normally a very busy time for law enforcement officers. This is especially true and obvious with the high volume of driving under the influence arrests.

Just because there are more frequent arrests, does not necessarilymean the charges are valid and that all procedures were followed. You have certain rights before and after you are arrested for driving under the influence. The legal limit in Florida is .08 for those over 21 years of age. If you submitted to field sobriety tests, officers are suppose to follow state training in conducting and evaluating these tests.

The breath test machine must be calibrated properly in order for the results to be admissible and reliable. You have rights and you need to contact an experienced attorney if you have been arrested for driving under the influence.

Continue reading " Holiday Weekend and DUIs " »