Jacksonville Criminal Defense Lawyer Blog

A Jacksonville father, Donnell Bernard Burney, will serve 90 days, followed by 5 years probation, in Duval County Jail for the Accidental Shooting of his 6-year-old daughter (Jacksonville.com). While Mr. Burney did not pull the trigger, he was charged with a third-degree felony for Jacksonville culpable negligence involving a firearm, pursuant to Florida Statute 784.05(3). The charges stemmed from an allegation that Burney was cleaning the gun and left it unattended. His daughter discovered the gun and accidentally shot herself in the chest. She is expected to fully recover. Jacksonville Judge, Adrian G. Soud, accepted Burney's plea deal today at the Duval County Courthouse.

Note: This article is a continuation of St. John's County Florida Counterfeit Currency Bust and Stop and Search of St. John's County Florida Criminal Defendant's Vehicle by a <a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1357270.html"target="blank">Jacksonville Criminal Defense Lawyer</a>.

When examining a St. John's County Florida Counterfeit Currency Arrest, or any other criminal case that involves the stop and search of a vehicle, a St. John's County Criminal Attorney should evaluate the search and seizure. Did the St. John's County Police Department have probable cause to stop the vehicle? This will be based on the description of the vehicle and the knowledge that they had prior to stopping the vehicle. If so, did the police have grounds to search the vehicle? In order for a police officer to search an person's vehicle, the officer must have a warrant or be entitled to search under an exception to the Florida warrant requirement. The exceptions to the warrant requirement include the following:

1. a search incident to a lawful arrest;
2. the automobile exception;
3. the "plain view" exception;
4. the person gives consent; and
5. the hot pursuit/emergency exception.

Based upon the fact that investigators stated that the driver "allowed" the search, I believe that the St. John's County Police Department will argue that the St. John's County Criminal Defendant driver consented to the search, which made the search valid. However, there are always two sides to every story, and it will be interesting to see if the driver was merely acquiescing to police authority.

If you have been in a similar situation and believe that the Jacksonville Sheriff's Office or other law enforcement personnel have exceeded the scope of the law, contact a <a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1357270.html"target="blank">Jacksonville Criminal Defense Lawyer</a> to review your case and to make sure your rights are being protected.

St. John's County Police stopped a vehicle in connection with a Counterfeit Currency allegation based on a tip from an employee at the St. Augustine outlet mall (See St. John's County Florida Counterfeit Currency Bust by a Jacksonville Criminal Defense Lawyer). As a Jacksonville Criminal Defense Lawyer, I became suspicious as to whether the police actually stopped the correct vehicle. After all, a Ford Explorer is a popular SUV. However, the media reports state that:

"Investigators said the driver allowed them to search the vehicle, and they found numerous $5 bills, along with a printer and equipment that is used to wash ink from bills, and other counterfeiting equipment. Deputies said they also found several counterfeit $100 bills and property bought with the fake bills."

Since this evidence is very damaging to the defense, a St. Johns Criminal Defense Attorney will examine the case in great detail to see if there are grounds for a motion to suppress the evidence that police found based on an unlawful stop or seizure (See Exceptions to the Florida Warrant Requirement when Searching a Car in St. John's County Florida by a Jacksonville Criminal Defense Lawyer).

Two men were arrested yesterday for passing counterfeit currency in St. Augustine, Florida. Georgia residents, Karl Hollingsworth and Dennis James, were booked into the St. John's County Jail and charged with Florida Possession of Counterfeit Currency, Florida Possession of Tools for Forgery Counterfeiting, and Passing a Forged Bill. This stems from the accusation that James passed an altered $100 bill at the St. Augustine Outlet Mall. However, they were not stopped at this Florida mall. Instead, an employee of one of the stores followed their vehicle to the International Golf Parkway. Local media reports that the employee lost the vehicle as it turned South on Interstate 95. The employee gave a description of the vehicle, a Ford Explorer, to the Florida St. John's County Police Department.  

Was the stop of this vehicle in St. John's County, Florida lawful?  Read Stop and Search of St. John's County Florida Criminal Defendant's Vehicle by a Jacksonville Criminal Defense Lawyer.

In Kilburn v. State, 36 Fla. L. Weekly D394b (Fla. 1st DCA 2011), the Florida First District Court of Appeals ruled that a Florida inventory vehicle search of a vehicle was invalid and declared an unlawful search. The defendant, Kilburn, was arrested for Florida DUI (driving under the influence). The police officer towed Kilburn's car, because it was in an unsafe location. As part of the process, officers conducted an inventory search, but they did not have any standardized criteria or procedures for such a search. During the search, they found marijuana, alprazolam, and hydrocodone inside of a pill bottle. Kilburn was also charged with possession of these drugs.

The Florida appellate court ruled that while inventory searches are permitted, in order for this warrant exception to apply, "the inventory search must be 'conducted according to standardized criteria.' State v. Wells, 539 So. 2d 464, 468 (Fla. 1989)... The requirement for standardized criteria serves to limit police discretion in determining the scope of the search and ensures that the police will not abuse the exception and use the inventory search as a subterfuge for a criminal investigatory search. Id. at 469; see also Rolling v. State, 695 So. 2d 278, 294 (Fla. 1997)."

In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff's Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving Under the Influence) Lawyer, I have represented many drivers charged with DUI in Jacksonville, Florida and the surrounding areas (Atlantic Beach, Neptune Beach, and Jacksonville Beach).

Therefore, whenever I hear about a car crash that is alcohol-related, I assume that the driver is being accused of DUI. However, this was not the cash with Ms. Lamb. She was a manager of Culhane's Irish Pub in Atlantic Beach, Florida. Reports state that she failed to yield to oncoming traffic and did not cross at the crosswalk. She had a blood-alcohol level of .20 which is over double the legal limit of .08. Police cleared the driver, James Robert Etheridge, and he was not charged with Atlantic Beach DUI or any other criminal offense or civil traffic infraction.

If you are charged with Driving Under the Influence or a Criminal Traffic Infraction in Atlantic Beach Florida, contact Atlantic Beach DUI Lawyer, Chris Walsh at Apple Law Firm PLLC in Jacksonville, Florida.

In Jacksonville, Florida, if a driver is placed under arrest and the vehicle he is driving is impounded, the vehicle is usually searched as part of an inventory search. An inventory search is an exception to the rule that requires Jacksonville police officers to have a warrant before conducting a search. With a Jacksonville Florida Inventory Search, a police officer may search a vehicle without a warrant if the it was lawfully seized and "a search conducted for the purpose of making an inventory of the contents of an automobile." State v. Jenkins, 319 So. 2d 91, 93 (Fla. 4th DCA 1975). However, an "'inventory" search will be unreasonable if it is utilized as a pretext to conduct an 'exploratory' search in order to hunt for incriminating evidence." Id.

It is important to note that warrantless searches are considered unreasonable and violate the Fourth Amendment of the United States Constitution as applied to the States, including Florida, through the Fourteenth Amendment. Coolidge v. New Hampshire, 403 U.S. 443, 45455 (1971). Although an inventory search is a well-established exception to the warrant requirement in Florida, the state attorney, not the Jacksonville Criminal Defendant, has the burden to prove that an exception to the warrant requirement applies. Hilton v. State, 961 So. 2d 284, 296 (Fla. 2007); Colorado v. Bertine, 479 U.S. 367, 371 (1987).

In Kilburn v. State, 36 Fla. L. Weekly D394b (Fla. 1st DCA 2011), the Florida First District Court of Appeals ruled that a Florida inventory search of a vehicle was invalid. See Florida Court Rules that Police Officers Cannot Search Every Vehicle Impounded by Jacksonville Criminal Defense Lawyer.

Florida Statute Section 934.03 governs the interception and disclosure of wire, oral, or electronic communications in Florida. In Jacksonville Illegal Wiretapping Cases, a person records the conversation of another person without his or her consent. While most people are aware that you cannot record someone else's conversation in Jacksonville, Florida, they are not aware that you cannot record your own conversation. If you want to record a conversation, you must have the consent of all of the parties involved. Florida is a two-party consent state. Therefore, both of the people in a telephone conversation, or any other oral communication, must be aware that the conversation is being recorded. If you are recording your own conversation, be sure to advise the other person that you are recording the call.

Quite often, Florida Criminal Defense Attorneys and Florida Family Law Attorneys will encounter a case in which spouses, in the midst of a divorce or custody battle, will make a secret recording to obtain evidence. For more information on domestic cases, read "Wiretapping Teddy Bear Leads to Large Fine" written by attorney, Kelly Ryan. For more information, on federal and state wiretapping laws, visit the National Conference of State Legislatures. If you have been charged with violating the Florida wiretapping law, contact a Florida Criminal Defense Attorney immediately.

Under Florida law, you cannot seal or expunge an arrest record if you have been convicted of a crime. With a Jacksonville Driving Under the Influence (DUI) arrest, if you plead guilty or no contest to DUI, this will result in a conviction. Florida Law does not allow the court to withhold adjudication (conviction) in Jacksonville DUI cases. This will not only affect your ability to seal the DUI arrest, but it will also effect your ability to seal any other Florida arrest.

You cannot seal or expunge a criminal arrest record in Florida if you have been adjudicated guilty (convicted) of any crime. If you have a conviction for Driving Under the Influence in Jacksonville, you cannot have an unrelated crime sealed. For example, John Smith is arrested for battery in 2005. The charges are dropped. In 2002, he was arrested and pled no contest to a Jacksonville DUI charge. Normally, he would be eligible to get his battery arrest expunged. However, since he has a DUI conviction, he is not eligible to get the battery expunged.

Therefore, if you are arrested for Driving Under the Influence in Jacksonville, Florida, it is important for many reasons that you defend the case in the best manner possible. If you are facing Jacksonville DUI charges, contact Jacksonville DUI Attorney.

Last night, the Honorable Judge Jefferson W. Morrow passed away (Story by Florida Times Union). Judge Morrow was a circuit court judge in Jacksonville, Florida. As a Jacksonville Juvenile Lawyer, the first time I met Judge Morrow was in Jacksonville Juvenile Delinquency Court. He was very punctual, patient, and fair. He treated my client, a Jacksonville Juvenile Criminal Defendant, and myself with respect and kindness. He respected lawyers that were well-prepared and well-spoken. As a former Jacksonville criminal trial lawyer, he understood the challenges faced in criminal cases and the need for efficiency and guidance in the criminal justice system.

Judge Morrow was admitted to practice law in Florida in 1983. He was a former member of the largest network of Florida Criminal Defense Attorneys, the Florida Association of Criminal Defense Lawyers (FACDL). After practicing as a criminal and civil trial attorney, he was sworn in as a Duval County Florida Judge in January of 2009. After presiding as a Jacksonville Juvenile Judge, he was assigned to the felony circuit court bench where he presided until his recent death. As a Jacksonville Criminal Lawyer, I hope that a judge with his compassion and courtesy will fill the void that Judge Morrow has left.

Dos Gatos is a cocktail lounge in downtown Jacksonville, Florida. It is popular for its signature drinks and mellow atmosphere. In the early morning hours of March 1, 2011, the Jacksonville bar ended up with more action than usual. According to local media reports (Florida Times Union and First Coast News of Jacksonville), a fight broke out in the bar that resulted in a shooting in the the street. A woman was taken into custody in reference to this Jacksonville shooting. As of today's date, charges have not been filed. Depending on the circumstances, if this woman is the shooter, she could be charged with aggravated assault or battery, attempted murder, or a homicide crime. The criminal charges will depend on the facts of the case.

Jacksonville Domestic Violence Attorneys and Criminal Defense Lawyers are not the only lawyers that handle domestic battery charges on a regular basis. Family Law attorneys deal with this problem as well. Quite often, I have had a client falsely charged with Jacksonville Domestic Battery. This may be due to vengeance on the side of the alleged victim, or the alleged victim may be trying to get the upper hand in a divorce or custody dispute. However, he or she may not realize that filing a false police report is a serious charge and a first degree misdemeanor. Read Jacksonville False Police Report is a Crime by a Jacksonville Criminal Defense Lawyer, and False Domestic Violence Accusations by attorney, Kelly Ryan, for more information.