In general, Jacksonville police officers cannot search a house without a warrant. However, there are exceptions to the rule. On exception to the Jacksonville Florida requirement that a warrant is need for a search is the “protective sweep.” When police officers make an arrest in a house, they “may as…
In Kilburn v. State, 36 Fla. L. Weekly D394b (Fla. 1st DCA 2011), the Florida First District Court of Appeals ruled that a Florida inventory vehicle search of a vehicle was invalid and declared an unlawful search. The defendant, Kilburn, was arrested for Florida DUI (driving under the influence). The…
As a Jacksonville Criminal Lawyer, I have seen hundreds of Jacksonville criminal cases involving illegal drugs and controlled substances. Jacksonville Florida is no stranger to drug crimes, such as arrests related to methamphetamine (Jacksonville Meth Lab Article). Florida Statute Section 893.13 makes it illegal to manufacture, possess, deliver, or sell…
According to a recent study, “More high school seniors this year used marijuana than smoked cigarettes in the past 30 days,” USA Today reports. Teenagers need to understand the ramifications involved with marijuana use. In Jacksonville, Florida, possession of less than 20 grams of marijuana is a misdemeanor. While possession…
Recently, the Florida Third District Court of Appeals reversed a Florida cocaine possession case. The court filed its opinion on December 8, 2010 for Watson v. State (35 Fla. L. Weekly D2717b). Watson was convicted and sentenced to ten years in prison for trafficking in cocaine. He was pulled over…
In Jacksonville, Possession of Cocaine can be established by actual or constructive possession. Jacksonville constructive possession of cocaine occurs when the drug is in a place over which the Jacksonville criminal defendant has control or in which the he or she has concealed it. If the drug is in a…
In many Jacksonville Florida criminal cases, the State Attorney must prove possession. Examples of “possession” crimes are possession of marijuana, cocaine, or other controlled substances. There is also possession of a firearm by a convicted felon. Possession can be actual or constructive. Actual Possession occurs when the Defendant has the…
In some Jacksonville criminal drug cases, police conduct an illegal search and/or seizure. For instance, a police officer may search a person or a person’s home in a manner that violates the 4th amendment of the Constitution. If a Jacksonville illegal search occurs and police find drugs (or other incriminating…
In Jacksonville, Florida, people are often arrested for possession of marijuana. In my career as a Jacksonville Possession of Marijuana Lawyer, I have handled hundreds of possession of marijuana cases. In some instances, the defendant is in actual possession of the marijuana (cannabis). In other cases, the defendant is charged…
Like many Jacksonville Criminal Defense Attorneys, I began my career working at the Duval County Office of the Public Defender in Jacksonville, Florida. I began working as a misdemeanor attorney and was later promoted as a felony attorney. One of my mentors at the office explained to me that the…