The Florida Second District Court of Appeals reversed a case in 2008, because the Florida DUI checkpoint did not have sufficient guidelines. In Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008), the police department set forth a plan for a DUI checkpoint. The plan states that every vehicle…
Today, I started my day like any other day and like most Jacksonville Criminal Attorneys. I checked my email to address and respond to my client’s requests and questions. I checked the local Jacksonville news via Jacksonville.com (The Florida Times Union). The cover story read, “Jacksonville police issue warrant for…
The Florida Constitution (Article I, Section 14) gives a Jacksonville criminal defendant the right to be released from custody pending the outcome of his or her criminal case. Furthermore, Rule 3.131 of the Florida Rules of Criminal Procedure requires the court to conduct a hearing to determine pretrial release. This…
As a Jacksonville Criminal Defense Lawyer, I have attended many Jacksonville bond hearings. In Jacksonville, a criminal defendant is given a first appearance where both the State Attorney and the defendant (or his lawyer) can present arguments and evidence. However, this is not always done. Due to the large calendar…
On January 7, 2011, the Florida Fifth District Court of Appeals released its opinion in State v. Murray and Brink (36 Fla. L. Weekly D88b). In this Florida Driving Under the Influence (DUI) case, Murray and Bring, the DUI Defendants, were street racing and were involved in a crash that…
Look at your Ponte Vedra Florida drivers license and read the fine print: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.” In essence, the Florida Implied Consent Law states that when a person accepts the privilege of operating a vehicle in Florida, he or…
There has been a recent string of thefts of memorial vases from cemeteries in Jacksonville and Orange Park, Florida. Nicolas Whithey, Jessica Arnold, and Nicholas Dennison were arrested by the Jacksonville Sheriff’s Office in reference to the Duval County Florida grand thefts. Dennison is being held on a warrant for…
As a Jacksonville Criminal Defense Lawyer, I am often asked if a person has a duty to retreat when confronted with a violent situation. The best advice I can give is to advise the person to leave any confrontation if possible. The results and consequences of violence are never worth…
The Florida Castle Doctrine (also referred to as the Florida Self-Defense Law and the Florida Stand Your Ground Law) govern when a person can use deadly force in Jacksonville. This doctrine is set forth in Florida Statute Section 776.013. This Florida law creates a presumption that a person acts in…
St. John’s County Florida legislator, Mike Weinstien, is the Florida State representative for District 19. Weinstien drafted a bill and has presented it to the House “that would give juveniles a chance at parole 25 years into a life sentence. If denied, they can try again every seven years.” In…