October 2010 Archives

October 22, 2010

Jacksonville Possession of Marijuana Lawyer: State Attorney Must Prove Constructive Possession

In Jacksonville, Florida, people are often arrested for possession of marijuana. In my career as a Jacksonville Possession of Marijuana Lawyer, I have handled hundreds of possession of marijuana cases. In some instances, the defendant is in actual possession of the marijuana (cannabis). In other cases, the defendant is charged with the crime based on constructive possession of marijuana.

Jacksonville constructive possession occurs when a defendant has the ability to exercise dominion and control over the marijuana. The Florida Supreme Court recently heard a case, Petion v. State. In Petion v. State, the defendant was in a vehicle with three other males in it. After searching the vehicle, police officers found marijuana.  The defendant was charged with possession of the marijuana.  The Court ruled that the State must prove that the defendant had knowledge of the marijuana and dominion and control over it to establish constructive possession.  The evidence must rule out that the marijuana belong to another passenger in the vehicle.  Because the State could not prove this, Petion should not have been convicted of the crime. 

October 12, 2010

Jacksonville Juvenile Criminal Attorney: Representing Juveniles Charged with Life Felonies

Only days before the landmark decision in the Jacksonville Juvenile case of Graham v. Florida, Jacksonville judge, Elizabeth Senterfitt, sentenced juvenile Daryl Thomas to life in prison without the possibility of parole for armed robbery, a non-homicide felony. In Graham, the United States Supreme Court ruled that juveniles charged with non-homicide felonies cannot be sentence to life without parole. Therefore, Thomas' case was sent back to Judge Senterfitt to resentence him in compliance with the ruling in Graham. She sentenced him to fifty years in Florida State Prison. The Jacksonville Juvenile Criminal Case will be appealed (Jacksonville.com).

October 11, 2010

Jacksonville Child Custody Update: Do not commit crimes to fund Child Custody

Jacksonville Child Custody LawyerAs a Jacksonville Child Custody Lawyer, we often have clients in Jacksonville who need help financing the costs of Florida child custody issues. The Orlando Sentinel reported that a father stole air conditioners to fund a Florida child custody battle. A Florida father is in jail after allegedly stealing from neighborhood homes in order to raise money to get custody of his daughter. It may be possible to discuss financing arrangements or borrow money from friends or family so that you can protect your children. It is important to discuss your facts and options with a Jacksonville Child Custody Lawyer.

October 6, 2010

Jacksonville DUI Crash: Guilty Verdict for DUI Manslaughter


A local Jacksonville Driving Under the Influence (DUI) crash case wrapped up today. Sarah Pringle was charged and tried for DUI manslaughter, vehicular manslaughter, and leaving the scene of an accident causing death. The accident occurred on the Buckman bridge in Jacksonville, Florida resulting in the death of a 41-year-old woman. Pringle's Jacksonville DUI conviction was not based on alcohol impairment. Instead, the State argued that Pringle was impaired by marijuana, pain killers, and anti-anxiety drugs.

Pringle's Jacksonville DUI Lawyers argued that the state lacked evidence sufficient to lead to a conviction. In particular, they argued that there was no evidence that Pringle's car made contact with the other vehicle. Pringle was represented by the Office of the Public Defender in Duval County, Florida (pictured in the Florida Times Union). She will have a sentencing hearing on November 9, 2010.


October 5, 2010

Jacksonville Driving Under the Influence and Leaving the Scene of an Accident: Mandatory Sentence

As a Jacksonville Driving Under the Influence Lawyer and a Leaving the Scene of an Accident Lawyer, I have seen many cases that involved both crimes. While most people understand know that both of these offenses are crimes, they may feel to realize the serious ramifications of the crimes. For example, Florida Statute Section 316.027(1)(b) states that any person that leaves the scene of an accident "that results in death while driving under the influence... shall be sentenced to a mandatory minimum term of imprisonment of 2 years." Sometimes, a driver may not know if a crash is serious, so it is always important to check on the other driver. However, in some cases, a driver may not be able to render aid. Therefore, every case is different and should be analyzed.

If you are arrested for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200.

October 4, 2010

Jacksonville Underage Drinking: Arrests at Jacksonville Jaguar Games

In Jacksonville, Florida, 16 people were arrested on Sunday for Jacksonville underage drinking. Not only are the underage drinkers being arrested, but the police are especially interested in cracking down on individuals that give alcohol to underage drinkers. Both Jacksonville underage drinking and selling, giving, or serving alcohol to minors are misdemeanors which are governed by Sections 562.11 and 562.111 of the Florida Statutes.

To read more about Jacksonville Underage Drinking at Jacksonville Jaguars Games, go to First Coast News.

If you have been arrested for Jacksonville Underage Drinking or Selling, Giving, or Serving Alcohol to a Minor contact a Jacksonville Criminal Defense Attorney.

October 3, 2010

Jacksonville Leaving the Scene of an Accident Lawyer: How Serious is this Charge?

The Jacksonville Leaving the Scene of an Accident Involving Injuries to Persons can be found in Florida Statute Section 316.027. Jacksonville Leaving the Scene of an Accident resulting in a crash that causes death or injury is a felony. However, the degree, or seriousness, of the felony will depend on the injuries that occurred. If a driver is involved in a crash resulting in bodily injury and leaves the scene, this is a third degree felony, which is the lowest degree of felonies. If the crash resulted in death, the charge is much more serious.

Florida Statute Section 316.027(1)(b) states:
"the driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree"

If you are arrested for Jacksonville Leaving the Scene of an Accident, contact Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200.

October 2, 2010

Jacksonville Leaving the Scene of an Accident Lawyer: What if No One is Injured?

Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute Section 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.

This Florida Law states, "the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled" his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.

If you are ticketed for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200. Even if you were not arrested and only received a citation, Jacksonville Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.