Were you arrested for possessing a firearm, drugs or other contraband found by dog sniff during a routine traffic stop? If you so, you may have grounds to have all the evidence found by the State thrown out and your case dismissed. A recent case shows how that can occur.…
Jacksonville Criminal Defense Attorney Blog
How to Get Your Case Dropped Due to an Improper Welfare Check
Were you arrested after the police discovered contraband while checking on your safety? If so, you may have a basis to have your case dropped. A case from the First District Court of Appeals shows how this can happen. In State v. Brumelow, 289 So.3d 955 (Fla. 1st DCA 2019),…
Acetaminophen’s Potential Role in Criminal Behavior
Have you engaged in conduct totally out of character that led to your criminal charges? Did you take acetaminophen prior to or near the time of the incident leading to your arrest? If so, you may have a defense and /or mitigating circumstances to raise in your case to get…
Don’t Talk To The Police Without First Consulting A Lawyer
People often ask what they should say to police officers who want to speak with them. Other than simply confirming your identity, don’t talk with the police or any other law enforcement officers conducting an investigation without first speaking with a lawyer. It may come as a shock, but the…
You Can Still Be Convicted Despite An Invalid Search Warrant
You may have heard you can win your case if the evidence against you was obtained based on an invalid search warrant. But, as a recent case demonstrates, that’s not always true. In State v. Smith, Mr. Smith was charged with multiple drug offenses and possession of a firearm by…
How You Can Be Arrested for DUI With a Breath Alcohol Content Under the Legal Limit
Have you been arrested for driving under the influence (DUI) in Florida even though your breath alcohol content (BAC) was less than 0.08? If so, you’re probably wondering how you could still be arrested, given the “legal limit” of 0.08. The answer is below. Under Florida law, the State has…
How to Avoid Sex Offender Registration in Your False Imprisonment Case
If you’ve been arrested for false imprisonment in Florida you may become automatically registered as a sex offender at the conclusion of your case depending on the facts, even if registration was not part of your plea agreement or ever discussed in court. A case from the First District Court…
How to Avoid a Felony Conviction and Prison In Your Grand Theft Case
Have you been charged with the crime of grand theft of electronics or other depreciating assets? If so, you may have grounds to have your charges reduced from a felony to a misdemeanor, thereby avoiding a felony conviction, prison and/or substantial jail time. The recent decision from the Florida First…
Recent Developments in Internet Child Sex Sting Operations
An internet child sex sting operation in Hillsborough County recently concluded with the arrest of sixteen men in August. Among those arrested in “Operation Small Talk” were a registered sex offender, a member of the U.S. Army Reserve and former Manatee County Sheriff’s Office sergeant. Six of the men attempted…
Qualifying Probation Violators Can Now Avoid Prison
Have you violated your felony probation? If you have, a recent change in the law may help you avoid a lengthy prison sentence resulting from your violation. Until recently, section 948.06(2)(a), Florida Statutes (2015), provided if you admitted to a charged violation of probation, the court could “forthwith revoke, modify,…