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…
Jacksonville Criminal Defense Attorney Blog
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…
Your Medical History May Help Your DUI Case
Your medical history can often be used to obtain reduced charges, or even dismissal of your DUI case. A case from Washington State recently reported in USA Today provides a classic example of how your medical history can be highly relevant to your DUI case. The incident began when Carol…
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…
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…
Seventeen Arrested in Online Child Sex Sting Operation
An internet child sex sting operation just concluded with the arrest of 17 men. Dubbed Operation DUVAL (Disrupting Underage Virtual Abuse Locally), the undercover operation was initiated by the Jacksonville Sheriff’s Office with the assistance of several Northeast Florida law enforcement agencies. During the operation, law enforcement officers posed online…
Facebook Posts Lead to Serious Charges
A political disagreement on Facebook between strangers in Tampa last month ended with one of them being arrested. Brian Sebring, 44, was arrested in connection with an incident involving Alex Stephens, age 46, the alleged victim. Both men have prior criminal records. Sebring previously had pleaded guilty to misdemeanor battery…
Defenses to Charges of Violation of Probation
Violation of probation is a serious charge. Judges generally don’t like it when you’ve failed to comply with requirements ordered by them. And, the punishment can be severe, including up to the maximum penalty you might have received for the underlying charge for which you are on probation. The good…
The Dangers of Inmate Jail Calls
During the phase of a Florida criminal case known as “discovery”, the State discloses the evidence and witnesses it would use against you or your loved one at trial in a document titled “State’s Discovery Exhibit.” Sometimes in that document, the State lists “jail calls” as some of its evidence. …
How to Fight an Injunction for Protection Against Stalking
Have you been served with a Petition for Injunction for Protection against Stalking, sometimes referred to as a “restraining order”? If so, you nonetheless may be able to avoid entry of a final injunction and the associated collateral consequences, stress and stigma. Florida State section 784.0485 provides for an injunction…