Were you found in violation of your community control for not answering your door when your probation officer came by to conduct a curfew check? If so, you may be able to avoid revocation of your community control and a resultant prison sentence. In Edwards v. State, Mr. Edwards was…
Jacksonville Criminal Defense Attorney Blog
You Can Get Rid of Your Permanent Injunction
Have you had a permanent injunction for protection against domestic violence, dating violence or repeat violence entered against you? Did you know that even though your injunction supposedly is “permanent” you can nonetheless get it dissolved under certain circumstances? The recent First District Court of Appeal case of James Hobbs…
Merely Being Near Drugs May Not Make You Liable for Possession
Have you been arrested for possessing or trafficking drugs? Were the drugs found in a home or other place you do not own? If so, you may not be criminally liable for those drugs, as discussed in a recent court decision. In Dion Johnson v. State of Florida, Mr. Johnson…
Carrying A Concealed Weapon Is Now More Difficult For The State To Prove
The First District Court of Appeal just made it more difficult for the State to prove you committed the crime of carrying a concealed weapon. In Stanley John Kilburn v. State of Florida, Mr. Kilburn was charged with carrying a concealed weapon. Kilburn filed a motion to suppress, contending he…
Early Release and ROR Bonds Available to Avoid Coronavirus Exposure in Jail
Is someone you know or love currently in a Jacksonville area jail? If so, they may be eligible for immediate resolution of their case and release from the jail due to the coronavirus. And, even if their case can’t quickly be resolved, they may be eligible for an ROR bond…
Warrants Based on Suspicions or Conclusions Are Insufficient to Search Your Home
Were drugs, illegal firearms or other contraband discovered during a warrant-based search of your home? No matter what the police found, you may be able to get your case dropped. Searches based on warrants are preferred over warrantless searches by the courts. That’s because the grounds for the warrant are…
Don’t Talk to the Police in Your Sex Crime Case
In November 2017 I blogged on the topic of talking to the police. In that blog, I explained it’s rarely advisable to speak with the police about your criminal case. Regardless of whether you’ve yet been arrested, it’s usually in your best interest to remain silent and to not talk…
Anonymous Tips Often Don’t Justify You Being Stopped by the Police
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…
Domestic Violence Injunctions Will Be More Difficult to Obtain in 2020
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…
Not All of Your Bad Acts Can be Used Against You
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…