The 2nd DCA recently heard the case of Jose Ferrer v. State of Florida over the issue of whether the Defendant’s consent to enter the gate of his property and to talk about criminal activity permitted the Officers to walk behind the house, up the stairs, and therefore smelling marijuana.…
Jacksonville Criminal Defense Lawyer Blog
Can You be Charged with DUI on a Zamboni?
As a Jacksonville resident and Hockey fan, I have seen many a Zamboni driver resurface the ice at a rink. But, this is a first for me. A local Zamboni driver in Minnesota was recently arrested on the suspicion of driving under the influence (DUI). Although located outside of the…
2 Jacksonville Women Robbed at Gunpoint
Recently Jacksonville Sheriff’s Office, JSO, has reported 2 incidents of armed Robbery in two different Jacksonville neighborhoods. JSO also believe the same two suspects could be accountable for both Robberies. These Robberies took place Tuesday night and JSO are still looking for the suspects. The first Robbery occurred in an…
Residents, Battery Defined and Understood
A Jacksonville Criminal Defense Lawyer has seen many defendants charged with Battery, but they do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery. Simple Battery is defined within Florida Statute…
District Appellate Court Reverses Case Where Defendant was Overcharged
Recently, the First District Court of Appeals heard a case overcharging a defendant. Colbert v. State, 37 Fla. L. Weekly D264a (Fla. 1st DCA 2012). In Colbert, Harley Colbert was charged with burglary to a dwelling. He was accused of stealing a bicycle from the outside of Alejandro Rojas’ home.…
Section 812.02 and 810.011(2) Defines Burglary
Section 810.02 defines burglary as: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or 2. Notwithstanding a licensed or invited entry, remaining in…
What is Voyeurism?
Jacksonville residents and people elsewhere have heard of cases of “peeping toms” and those who look into your home from near or a far. But many do not know that videotaping another, or simply walking in on another can constitute a Jacksonville Voyeurism Criminal Offense. Furthermore, a misunderstanding as to…
Can I be Convicted as a Jacksonville Habitual Traffic Offender even though I never had a License?
The 1st DCA recently heard a case involving the erroneous conviction of a man as a HTO although he never acquired a State license. (Crain v. State). In this case, Crain was tried and convicted as a HTO although he never had a Florida driver’s license. The issue before the…
Two Arrests made in Connection with John Travolta’s Stolen Car
John Travolta, famous movie star and Florida resident, recently got the news that his 1970 Mercedes 280 SL will not be returned after Police made two arrests in connection with the grand theft. According to the reports, the two men have “chopped” the car and sold the parts. Travolta’s Mercedes…
Teen Breaks into Home, Charged with Burglary
Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer’s home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer’s home and had to be physically restrained until police were able to arrive and take the young man into custody. He…