What is probable cause?
When a police officer conducts an arrest, probable cause is the standard used to justify a search by police. It simply is the legal basis upon which a legal search by a policeman or police agency can be based. The Fourth Amendment to the United States Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
How does a warrant get issued?
In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property. There is no distinction in terms of the act of theft between criminal and civil theft. However, the consequences are different and the proof required is also different.
772.11 Civil remedy for theft or exploitation.—
Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”.
What is Reasonable Suspicion?
Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had committed a crime or was in the process of committing one, or was about to commit one. Where the officer believes that a crime may have been committed or is about to be committed, he or she may make a temporary detention of the suspect and may proceed to pat them down.
The criminal offense of driving under the influence (DUI) seems straightforward but is much more complex than people first think. It can be found in Florida statute §316.193. All drivers within the state of Florida should know about the state’s DUI laws, and what they entail, so they do not find themselves facing charges. If you have been charged with a DUI, your Jacksonville criminal attorney can assist you with getting the best result out of a bad situation.
DUI vs Drunk Driving
The Florida Statutes define the offense of DUI as driving or having physical control of a vehicle while under the influence of alcohol, chemicals, or controlled substance that results in blood alcohol of at least 0.08 percent, or that impairs a person’s normal faculties. Many people use the terms “DUI” and “drunk driving” interchangeably, but the two are different. While a drunk driver is considered to be under the influence, not all motorists under the influence are drunk, as chemicals and controlled substances can also impair a person. Some people can be impaired taking over-the-counter medications such as Nyquil. Consult your local Jacksonville criminal attorney if you have been charged with driving under the influence.
In the state of Florida, a person who has any alcohol in his or her body is prohibited from being in physical control of a motor vehicle. F.S. 322.62. The penalties for violation of this law result in being placed out of service immediately for a twenty four hour period. If one has a blood alcohol level of .04 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of .04 grams of alcohol per 210 liters of breath, he or she is exposed to additional penalties that are enumerated in F.S. 322.61. The ramifications could result in adverse effects on one’s livelihood with restrictions on the operation of a commercial vehicle.
What Are the Possible Ramifications of a Single Drink?
A single drink can result in fulfilling the first element of proof required to prove a DUI charge. The next element required to meet the definition of a DUI in Florida is proof that an individual was driving a motor vehicle within the state of Florida. The last element required to prove a DUI case is that the offender’s normal faculties are impaired. The last element may be proven by an officer’s belief that the driver was impaired and or by the smell of alcohol on his or her breath, slurred speech, difficulty standing, walking in a straight line, based on a field sobriety test. This is a non inclusive list.
What is Mens Rea?
Mens Rea is the mental element of an individual’s intent to commit a crime. It can also be expressed as the knowledge that a particular act would result in a crime being committed.
Why is Mens Rea significant if I have been accused of a crime?
The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966. Essentially, four cases made it to the United States Supreme Court with similar issues. All cases involved interrogation by police in a closed room where the putative Defendant was cut off from the outside world. In three of these cases, the Defendant signed statements that were admitted at trial and one of the cases involved oral statements admitted at trial. Following the Miranda Case, whenever a person is taken into detention, that individual must be advised of their Fifth Amendment right against making any self-incriminating statements. When the police question someone in custody, they must advise:
Is There a Warrant Issued in My Name?
There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be executed at anytime. Just because you may not be located within the territory of the state that issued a warrant, you are not safe from exposure to arrest. It is common for warrants to be issued for both felonies and misdemeanors in Florida. A warrant will be active until it is served, the individual dies, or the judge recalls the warrant. It is important to resolve a warrant promptly, so one does not have to deal with a multitude of problems unexpectedly. Your arrest could result from the most minor traffic stop for a tailgate light.
The FDLE has a database which usually lists active warrants and may be found online at http://www.fdle.state.fl.us/. You can select “search wanted persons” and you will be taken to a search screen.
Under both federal and state laws, the willful possession of illegal controlled substances is a crime.
If you ever get arrested for drug possession, know that you are facing a serious charge that carries penalties that include fines and jail time. However, if authorities ever find evidence that you had the intent to distribute or sell the drugs found in your possession, then you are liable to face drug distribution charges, whose consequences are more severe than those for simple drug possession.
Whether you’re facing drug possession or drug distribution charges, you are going to need the services of an experienced drug lawyer to represent you in court.
Let’s take a look at some facts about drug possession and see how it could turn into a more serious drug distribution charge.
Jacksonville Criminal Defense Lawyer Blog