Jacksonville Criminal Defense Lawyer Blog

As a Jacksonville Criminal Lawyer, I have seen hundreds of Jacksonville criminal cases involving illegal drugs and controlled substances. Jacksonville Florida is no stranger to drug crimes, such as arrests related to methamphetamine (Jacksonville Meth Lab Article). Florida Statute Section 893.13 makes it illegal to manufacture, possess, deliver, or sell controlled substances in Jacksonville. This law includes possession of methamphetamine (meth). 

According to a recent study, "More high school seniors this year used marijuana than smoked cigarettes in the past 30 days," USA Today reports. Teenagers need to understand the ramifications involved with marijuana use. In Jacksonville, Florida, possession of less than 20 grams of marijuana is a misdemeanor. While possession of 20 grams or more of marijuana is a felony offense. A plea to a marijuana charge will also result in a driver's license suspension. Jacksonville juveniles charged with possession of marijuana should be given the opportunity to get their charges dropped, whether through a pretrial intervention program or other source. Even though a Jacksonville juvenile may try marijuana as a teenager, he or she should not have to live with that criminal record as an adult. By entering a program and getting the charges dropped, the Jacksonville juvenile would get any needed assistance and be able to avoid a plea to Jacksonville possession of marijuana.

If you are facing Possession of Marijuana (Cannabis) charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Marijuana Lawyer.

As a Jacksonville Criminal Defense Attorney, I have represented people that were falsely accused of crimes. Among other things, this will severely damage a person's reputation and will cost the defendant more than just money. Jacksonville Sex Crimes, including Jacksonville Sexual Battery, are one of the worse offenses that a person can be charged with. In some cases, a police officer (or person in a similar position) will be accused of Jacksonville Sexual Battery. However, Florida Law provides a punishment such false accusation.

Florida Statute Section 794.011(10) states, "any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree." The type of person listed in paragraph (4)(g) includes "a law enforcement officer, correctional officer, or correctional probation officer... or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government."

Duval County teacher and church counselor, Kristina Hartless, was arrest on December 10, 2010 in Jacksonville, Florida. She was arrested for three counts of sexual battery, a violation of Florida Statute Section 794.011(8)(c). Local media reports state that Ms. Hartless is accused of having sexual intercourse with a teenage boy that she tutored. Although Ms. Hartless was arrested for Jacksonville sexual battery, which is often referred to as statutory rape, the State Attorney's Office has not yet filed formal charges. Her bond was set at $50,000.

When it comes to Jacksonville Sex Crimes, it is important for a Jacksonville Sex Crimes Lawyer to conduct an early investigation. An investigation should include looking at the evidence and talking to witnesses in order to present any favorable evidence to the Duval County State Attorney's Office prior to the formal filing of charges.

A Jacksonville, Florida, Duval County Court was confronted with a Jacksonville DUI case that involved refusal and recantation of DUI field sobriety exercises. In STATE OF FLORIDA vs. JESSICA MOON. County Court, 4th Judicial Circuit (Case No. 2009-CT-15139), Officer Waldrep of the Neptune Beach Police Department requested that Moon perform Jacksonville DUI field sobriety exercises. She refused and was immediately arrested. "Immediately thereafter, while being handcuffed, defendant agreed to perform the FSEs and begged Officer Waldrep to allow her to do so. He refused to let her do them. Though defendant continuously and repeatedly requested to be allowed to perform the FSEs, Officer Waldrep continuously refused to allow her to do them."

The Jacksonville court found that Moon's "retraction of her initial refusal came moments after her refusal, that she was continuously in the presence of the arresting officer, that no inconvenience resulted, and that the results of any FSEs would not have been affected had she been allowed to perform them upon her request to do so." Since the officer did not, Moon's refusal could not be used against her in this Jacksonville DUI case. Therefore, the evidence would be suppressed.

In State v. Taylor, the Florida Supreme Court ruled that although field sobriety tests are voluntary, the refusal to submit to them may be admitted in evidence against a defendant if defendant is advised that adverse consequences would result from refusal to perform them only because such refusal may be "probative of the issue of consciousness of guilt." In Taylor, the Florida DUI Defendant refused to take the Florida DUI field sobriety tests. Not once did Mr. Taylor change his mind and decide to take the tests. Mr. Taylor's Florida DUI case may have turned out differently if he did change his mind.

In Jacksonville, Florida, a Duval County Court ruled a Jacksonville DUI defendant's initial refusal could not be used against her, because she recanted her initial refusal only moments later and asked to take the Jacksonville Driving Under the Influence Field Sobriety Tests (State v. Moon).

Recently, the Florida Third District Court of Appeals reversed a Florida cocaine possession case. The court filed its opinion on December 8, 2010 for Watson v. State (35 Fla. L. Weekly D2717b). Watson was convicted and sentenced to ten years in prison for trafficking in cocaine. He was pulled over and the officer found 124.6 grams of cocaine. He testified that he did not know the cocaine was under the the seat and that the car was not his. The officer never testified that he saw Watson hide the bag. During closing arguments, the State argued that it could be inferred from the bag's position that Watson was trying to conceal the cocaine.

In this Florida Cocaine Possession Case, the Florida appellate court ruled that a prosecutor must confine his closing argument to evidence in the record and must not make comments which could not be reasonably inferred from the evidence. The evidence did not inferred that Watson hid the drugs, so the prosecution should not have stated this in the closing argument. The case was reversed.

If you are facing Possession of Cocaine or Trafficking in Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

In Jacksonville, Possession of Cocaine can be established by actual or constructive possession. Jacksonville constructive possession of cocaine occurs when the drug is in a place over which the Jacksonville criminal defendant has control or in which the he or she has concealed it. If the drug is in a place over which the Jacksonville criminal defendant does not have control, the State must prove his or her (1) control over the cocaine and (2) knowledge that the cocaine was there.

In Jacksonville Possession of Cocaine cases, the Duval County State Attorney's Office will use the circumstances surrounding the encounter that police had with the Jacksonville criminal defendant to prove constructive possession at trial. However, the prosecutor cannot make unreasonable inferences that are not supported by the evidence (See Watson v. State, 35 Fla. L. Weekly D2717b (Fla. 3rd DCA, 2010)).

If you are facing Possession of Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

Section 322.34(5) of the Florida Statutes makes it a 3rd degree felony for anyone whose license is suspended or revoked as a Florida Habitual Traffic Offender to drive a motor vehicle. In 2008, the Florida legislature adopted section 322.34(10)(a)6 which states if the offender does not have a prior forcible felony conviction, and if the person is designated an Florida Habitual Traffic Offender as a result of the suspension of the license because of purely financial defaults, the offender is only to be punished for a misdemeanor.

The Florida Fifth District Court of Appeals recently decided a case (Wyrick v. State, 35 Fla. L. Weekly D2666b) where a Florida Habitual Traffic Offender (HTO) was arguing that she should not have been charged with a felony. Wyrick was convicted of Driving Under the Influence (DUI) in 2004 and two Driving with a License Suspended or Revoked (DWSL) in 2006 for driving w/out insurance. Thus, the two DWSL offenses were financial responsibility suspensions. She was labeled HTO and subsequently was charged with an additional DWSL as a felony. The Florida court ruled that Wyrick only partially attained her HTO status from her financial defaults. Without the DUI, the two DWSL would not have resulted in her HTO status. Because of the DUI, she was able to be charged with a felony.

If you are charged with Jacksonville Driving on a Suspended License, contact a Jacksonville Drivers License Lawyer, at (904) 685-1200.

Florida State Section 322.34(10)(a)(6), creates a defense to the felony charge of Jacksonville Driving on a Suspended License as a Habitual Traffic Offender. If a driver is declared a Jacksonville Habitual Traffic Offender based drivers license suspension on the reasons listed below below, he should not be charged with a felony:

1. Failing to pay child support;
2. Failing to pay any other financial obligation (some crimes are excluded, see section 322.245(1));
3. Failing to comply with a civil penalty (such as not paying a traffic citation, see section 318.15);
4. Failing to maintain vehicular financial responsibility (such as insurance, see chapter 324);
5. Failing to comply with attendance or other requirements for minors (see section 322.091).

Therefore, if a Jacksonville driver is charged with Jacksonville Driving on a Suspended License as a Habitual Traffic Offender, his Jacksonville Driving on a Suspended License Attorney can defend against the felony if his suspensions were only due to his failure to pay child support, traffic citation, etc.

Driving on a suspended license can result in felony charges in Jacksonville, Florida. If The Department of Highway Safety and Motor Vehicles (DHSMV) designates a driver as a Jacksonville habitual traffic offender, his or her license will be suspended for five years. That makes it a felony for the person to drive, and if the person does, it will result in an arrest for Jacksonville Driving on a Suspended License as a Habitual Traffic Offender.

As a Jacksonville Habitual Traffic Offender Lawyer, I have met too many people that have faced felony charges, and even became convicted felons, due to Jacksonville Habitual Traffic Offender arrests. It is important that Jacksonville Habitual Traffic Offender Lawyers work hard to prevent this from occurring. There are ways to defend this charge. For instance, the law itself, in Florida Statute Section 322.34(10)(a)(6) lays out a defense.

If a driver is stopped for driving with a suspended license in Jacksonville, Florida, he or she can be charged with a civil traffic infraction, a misdemeanor, or a felony. The level of the Jacksonville Driving with a Suspended License offense will depend on the driving record. According to Florida Statute Section 322.34(1), if a person is cited for Jacksonville Driving with a Suspended License and the driver did not have knowledge that his or her Jacksonville drivers license was suspended or revoked, the driver will be issued a civil traffic citation.  This is not a crime, but it should still be taken seriously, because it can be used against the person in the future.  

If the person had knowledge that his or her Jacksonville drivers license was suspended, he or she may be issued a criminal traffic citation or arrested for Jacksonville Driving with a Suspended License.  Under Florida Statute Section 322.34(2), a first conviction is a 2nd degree misdemeanor, a second conviction is a 1st degree misdemeanor, and a third conviction is a third degree felony. 

If you are charged with Jacksonville Driving on a Suspended License, contact Jacksonville Driver's License Lawyer, at (904) 685-1200.  

In a Jacksonville Driving Under the Influence (Jacksonville DUI Case), police officers are looking for "indicators of impairment." According to the Standard Florida Criminal Jury instruction for Driving Under the Influence:

Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

Although the actions listed above are indicators of impairment, a person can exhibit these indicators based on other reasons. Therefore, it is important to discuss the facts of your case with a Jacksonville DUI Lawyer. If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville Criminal Defense Lawyer to review your case and make sure your rights are being protected moving forward.

I recently came across a 2001 Hillsborough County, Florida DUI case (State v. Annis) that reminded me a Jacksonville DUI (driving under the influence) case that Apple Law Firm PLLC had in 2006. We represented a young lady that was charged with DUI in Jacksonville, Florida. She was charged with a Jacksonville DUI based upon the police officer's observations alone. The police officer noted several "indicators of impairment" and arrested the woman based on the fact that he believed she was impaired and under the influence of alcoholic beverages or a controlled substance.

He took her to the Duval County Jail. At the jail, she submitted to a breath test which detected no alcohol particles. Then, the police officer requested a urine sample, and she refused. She spent the next few days in jail. After we received the case, we presented this Jacksonville DUI case to the Assistant State Attorney assigned to it. Eventually, the State dropped the charges, because there was not enough evidence to convict the Defendant.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact a Jacksonville Criminal Defense Lawyer today.

As a Jacksonville DUI Attorney, I have represented many Jacksonville DUI (Driving Under the Influence) Defendants. The State can charge a driver with DUI based on impairment by alcohol or controlled substances. In order to obtain a conviction, the State must have evidence to prove the DUI. If the State is trying to prove that a Jacksonville DUI Defendant was impaired by a controlled substance, this can be difficult without a urine sample.

In

State v. Annis, 8 Fla. L. Weekly Supp. 421d, the police officer testified that he found the Defendant slumped over the steering wheel, passed out, with his car running in an intersection, and seemed totally lethargic. He urinated on himself and was slobbering and incoherent. He arrested him for DUI. The Defendant gave two breath samples with the results of .000 and refused the urine test. The trial court granted the Defendant's Motion for Judgment of Acquittal (JOA), and the case was dismissed.

The State failed to present enough substantial, competent evidence to prove a prima facie case that the Defendant's impairment was caused by a controlled substance. The circuit court agreed with the trial court, because the state failed to present evidence from which the jury could exclude every reasonable hypothesis of guilt.

If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville DUI Attorney.

Jacksonville Child Abuse Attorneys for the Defense and State were set to try a Jacksonville Aggravated Child Abuse and Second-Degree Murder case on November 29, 2010 before Judge Soud. However, that trial did not take place. Instead, Jacksonville Criminal Defendant, Chaddrick Banks, plead guilty to the murder charge on November 23, 2010. It appears that he entered into a plea deal with the Duval County State Attorney's Office. He was sentenced to 25 years in Florida State Prison followed by 10 years probation.

Banks Jacksonville Child Abuse case started as an Aggravated Child Abuse arrest, but escalated to second-degree murder when the child died as a result of the injuries she sustained.