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…
In Jacksonville, Florida, if a driver is placed under arrest and the vehicle he is driving is impounded, the vehicle is usually searched as part of an inventory search. An inventory search is an exception to the rule that requires Jacksonville police officers to have a warrant before conducting a…
Florida’s Williams Rule has certain procedural requirements that must be followed before evidence of a Jacksonville Criminal Defendant’s bad acts or wrong doings can be admitted in a jury trial. The State Attorney must file his or her Notice if Intent to Offer Similar Fact or Williams Rule Evidence. This…
In a Jacksonville criminal jury trial, a Jacksonville criminal defendant’s prior crimes or wrong-doings usually cannot be used against him or her. The State Attorney cannot present evidence tending to show a Jacksonville criminal defendant’s bad character if he or she is using the evidence to prove that the criminal…
Jacksonville Criminal Lawyers are often faced with cases that involve illegal searches and seizures. When a Jacksonville police officer conducts stops or searches a person, he must conduct himself in a manner that does not violates a persons Fourth Amendment rights. If police officer violates the constitutional rights of a…
In Jacksonville, Florida, a police officer must have probable cause to arrest a person. However, police can conduct a consensual encounter with an individual without probable cause. Therefore, it is very important to review any kind of police contact to determine if it is a consensual encounter or illegal police…
The Florida Supreme Court overturned Blaine Ross’ murder conviction and remanded it back to the lower court for a new trial ( Ross v. Florida). Mr. Ross was sentenced to death after a jury convicted him of Florida first-degree murder of his parents. Among the evidence presented at trial, Florida…
As a Jacksonville Criminal Defense Lawyer, I make sure a defendant’s rights were read when I receive a Jacksonville criminal case that involves police questioning. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court of the United States ruled that the Fifth Amendment’s privilege against self-incrimination required police to…
If a person goes through the yellow pages of the telephone book, he or she would be overwhelmed with the amount of criminal defense attorneys available in Jacksonville, Florida. However, selecting an attorney is not an easy process. Often, people will ask me whether or not they should hire a…
The Sixth Amendment of the United States Constitution guarantees the right to a fair and impartial trial. The Sixth Amendment is made applicable to the States, including Florida, via the Fourteenth Amendment. Pursuant to Rule 3.600(b)(8) of the Florida Rules of Criminal Procedure, a Florida Criminal Defendant shall be granted…