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,…
Jacksonville Criminal Defense Attorney Blog
Judge Says Police Claiming to Smell Marijuana Are Liars
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…
Probation Officer’s Hearsay Testimony Insufficient to Prove You Violated Your Probation
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…
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…
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. …
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…
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…
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…
Unreliability of Drug Field Tests
A 2016, report by ProPublica and the New York Times found frequent false positives and user errors by law enforcement administering the most popular drug field tests. Precise error rates are difficult to ascertain, as some test results can be affected by variables such as the weather, user error and lighting…
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…