Were you arrested based on an anonymous tip? If so, your stop by the officers may have been unlawful and you may be able to get your case dropped. The Fourth Amendment to the United States Constitution and its Florida analog establish the “right of the people to be secure…
In past blogs I’ve discussed the strict requirements for obtaining an Injunction for Protection against Domestic Violence. A decision from the First District Court of Appeal today in Hart v. Griffis indicates injunctions will be tougher to obtain as we go forward into this new year. Griffis involved a former…
A recent decision by the First District Court of Appeal makes it clear the prosecutor generally cannot use other bad acts you may have committed to prove you did the act for which you are currently being prosecuted. In Stephen Trahan v. State, while parked in his driveway the victim’s…
Has a Petition for Protection against Domestic Violence been filed alleging you did something to warrant issuance of an injunction? If the allegations don’t show the petitioner is the victim of recent domestic violence or is in imminent danger of becoming a victim of domestic violence, the Petition should be…
Driving under the influence (DUI) is a criminal offense in Florida. The offense is proved by impairment of “normal faculties” by drugs or alcohol and/or by an unlawful breath or blood alcohol level of 0.08 or above. Impairment of normal faculties by alcohol can be determined by testing blood, breath…
Most driving under the influence (DUI) cases begin the same way. You’re pulled over by the police for a traffic infraction such as speeding, failing to maintain a single lane or for a license tag or tail light violation. The officer approaches your car and asks for your driver’s license,…
Did the police justify their search of your vehicle by claiming they detected the odor of marijuana? If they did and there was in fact no marijuana smoked or recently in your car, your lawyer may be able to question their credibility based on a New York judge’s recent comments…
Has your Probation Officer either threatened to violate, or actually violated, your probation? If so, there are many ways a knowledgeable Jacksonville criminal defense lawyer can help prevent, or substantially reduce, any adverse effects on you. A recent case from the First District Court of Appeal provides one example. Jalyn…
Many people believe if someone records them without their permission, the recording cannot be used in court. A recent decision by the First District Court of Appeal, however, shows that is not always the case. Corey Smiley was invited to the home of the women with whom he shared a…
On June 25, 2019 Florida Governor Ron DeSantis signed Florida Senate Bill 1020, regulating the production and distribution of hemp and hemp extracts in Florida, including the increasingly popular hemp derivative, cannabidiol (CBD). The bill makes Florida the latest state to enact legislation to legalize and regulate its hemp industry. …