June 2009 Archives

June 24, 2009

Jacksonville Roadblocks: Are DUI Checkpoints Legal?

We have all seen Jacksonville Roadblocks. These are police created checkpoints that are intended to look for those driving under the influence. If someone is arrested at a Jacksonville DUI checkpoint, he or she may be able to challenge the legality of the stop. Florida courts have ruled that the state must prove the legality of these stops. As such, the state must show that "the officers in the field are governed by a set of neutral criteria procedures which field officers are to follow at the roadblocks." Guy v. State, 33 Fla. L. Weekly D2238a (2nd DCA 2008). In Guy, the Second District Court of Appeals ruled that a sobriety checkpoint was unconstitutional, because it gave the officers the discretion to selectively stop vehicles in the event that traffic backed up.

If a person is charged with a crime when being stopped during a Jacksonville DUI roadblock, he or she should discuss the legality of the checkpoint with a Jacksonville DUI Attorney.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

Bookmark and Share
June 2, 2009

Florida Sentencing Guidelines for Jacksonville Criminal Defendants


When a criminal defendant is charged with a felony in Jacksonville, he will be subject to the Florida Sentencing Guidelines.  For most minor felonies, a person will not score a minimum sentence pursuant to Florida's Sentencing Guidelines.  Therefore, he may be able to avoid a prison sentence.  However, there are certain felony offenses that carry enough points to result in a minimum prison sentence, and a defendant's prior criminal record will have an effect on his sentence.  

In most cases, if a Jacksonville Criminal Defendant scores minimum sentence according to the Florida Sentencing Guidelines, the judge will not sentence the offender below the guidelines.  Florida Statute Section 921.0016(4) lists reasons why a judge may depart from the sentencing guidelines  A plea bargain is most common departure from the guidelines, but there are others listed in the statute.  Although a youthful offender sentence is not listed as a reason for a departure from the guidelines, it can be.  More importantly, it can be used to avoid a 10-20-Life Florida prison sentence (See State v. Wooten, 782 So. 2d 408 (Fla. 2nd DCA 2001)).

To learn more about Florida Sentencing Guidelines, contact a Jacksonville Criminal Defense Attorney. If you would like information on Federal Sentencing Guidelines, visit the Second Circuit Sentencing Blog.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: 10-20-Life , Crimes and Penalties

Bookmark and Share
« May 2009 | Main Index | Archives | July 2009 »