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Jacksonville Criminal Defense Attorney Blog

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Recordings Made Without Your Permission Sometimes May Be Used Against You

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…

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New Hemp Law Makes it Harder to Prosecute Florida Marijuana Cases

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. …

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Marijuana Legalization is Putting Some Drug Dogs Out of Work

To date, the following eleven states have legalized recreational use of marijuana:  Washington, Oregon, California, Alaska, Nevada, Colorado, Illinois, Michigan, Maine, Vermont and Massachusetts.  As those and other states and cities relax their drug laws, the highly trained dogs used by their police departments to sniff out narcotics can’t be…

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DoD Employee Sentenced to Ten Years for Attempting to Entice a Minor to Have Sex

On March 26, 2019 United States District Judge Brian J. Davis sentenced 68 year old Mohammad Abdul Malek to 10 years in federal prison for attempted enticement and coercion of a minor to engage in sexual activity. Malek, a Ph.D. level engineer, was employed as a federal civilian employee at…

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Recent Law Makes It Harder To Obtain Stalking Injunctions

If you’ve been served with a Petition for Injunction for Protection against Stalking, sometimes referred to as a “restraining order”, there’s good news for you.  A recent case from the First District Court of Appeal has made it harder to get a stalking injunction. In Venn v. Fowlkes, 43 Fla.L.Weekly…

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Nervousness Is Insufficient to Detain You During a Routine Traffic Stop

Imagine that while driving your car, you are stopped by the police for having an expired tag or for speeding.  The officer approaches and tells you the reason for your stop.  He / she then asks for your license, registration and insurance card. The officer then asks you to step…

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Google’s Role in Child Pornography Cases

Most people are aware Google scans emails to develop advertisements targeted to users’ particular interests.  In fact, the notion Google will scan your content to tailor your advertising has been well known; the company’s terms of service notify users their emails are being analyzed. However, most people are not aware…

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Merely Being Around Drugs Is Insufficient to Support a Conviction for Possession

The First District Court of Appeal recently issued an opinion concerning whether merely being around drugs is sufficient to convict someone for possession.  Based on the facts in that case, the answer is “no.” In that case officers found illegal drugs while investigating a shootout between two cars that had…

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