Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
Call us anytime.
During office hours, call 904-701-0589
After office hours, call 904-727-7191

Regular office hours are 7:30 a.m. to 6:30 p.m.

Criminal Defense Archives

Pierce v. State: Can Police Lie to Obtain a Confession?

It has been conventional wisdom for many years that police are allowed to lie to obtain incriminating statements against a defendant. For instance, during interrogation, police can tell the accused that an eyewitness has identified him as the person who committed the crime. Police also commonly and falsely claim that a co-defendant has confessed and implicated the defendant in the crime. Under the reasoning of the recently decided Pierce v. State, FLW (Fla. 1st DCA, June 6, 2017), however, police cannot misstate the application of Miranda v. Arizona to obtain a confession.

Can a Refusal to Admit Sexual Misconduct Be Grounds to Violate Sex Offender Probation?

Knowledge That Victim Is a Law Enforcement Officer Now Required to Convict for Attempted Murder of Law Enforcement Officer

Florida law imposes harsher penalties on defendants who knowingly commit crimes of violence against law enforcement officers. For instance, a defendant found guilty of attempted murder of a law enforcement officer is subject to a mandatory life sentence. Understandably, a criminal defense attorney who represents a client faced with one of these charges will strive to remove the law enforcement victim enhancement, if possible. A recent decision out of the Florida Supreme Court-Ramroop v. State-has made it easier for defendants to do just that, by holding that the defendant must have known the victim was a law enforcement officer for the statute to apply.

Black Box Recorders and the Fourth Amendment

Approximately 96% of all vehicles manufactured since 2013 are equipped with devices called event data recorders-or "black boxes"-that keep track of data such as when the driver brakes, steering, engine rpm during a crash. More sophisticated black boxes record a wealth of information about a person's driving habits ranging from where they go, how fast they drive, and even whether the vehicles systems are in working order. In the hands of law enforcement officers or prosecutors, such data can become powerful evidence in a criminal case.

Are BB Guns "Deadly Weapons" under Florida Law?

One issue with which criminal defense attorneys must often grapple is what constitutes a "weapon" under Florida's criminal code. A recent decision out of the Second District Court of Appeal, C.W. v. State, has added some additional clarification as to whether, and under what circumstances, BB guns may be considered weapons. C.W. was a juvenile who brought a spring loaded B.B. gun with him in his bookbag to school. When a security officer discovered the BB gun, C.W. was arrested, charged, and eventually convicted of possession of a weapon on school property. 

Can Police Detain Innocent Passengers During a Traffic Stop?

The Fourth Amendment restricts when a police officer may stop a person. Generally, an officer must have probable cause to believe that the person has committed a crime in order to stop them. When police officers conduct a traffic stop, there is no question that they are allowed detain the driver. But what happens if one of the passengers of the vehicle wants to leave in the middle of the stop? 

Applying Miranda To Child Sex Crime Investigations

Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would not feel that they were free to leave.

Are Red Light Camera Programs Violating Florida Law?

Red light camera systems are becoming an increasingly prevalent source of traffic tickets throughout Florida. It is well-known that red-light cameras allow cities to issue more traffic tickets than traditional methods, since police officers no longer need to pull drivers over to issue a citation. However, cities are also using these systems to increase the output of traffic tickets in a less-visible way: by outsourcing the traffic citations process to private companies. Many cities are contracting with red light camera operators, not just to take photographs of cars running red lights, but also to review those photographs, screen for possible violations, and mail traffic citations to those who are found to have violated the law. In the most egregious situations, these contracts can effectively make employees of private companies honorary traffic cops. 

Jacob Dougan, Originally Sentenced to Death for 1974 Jacksonville Murder, Gets New Trial.

The trial and conviction of Jacob Dougan is well-known to criminal defense attorneys throughout Jacksonville. A decision rendered by the Florida Supreme Court last week marked a new chapter in his long and tragic story. The Court upheld the lower court's decision granting the death-row inmate a new trial, 31 years after his original conviction. 

email us for a response
  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
Map & Directions

Regular office hours are 7:30 a.m. to 6:30 p.m.

Back to top