Our ever vigilant clients recently brought to our attention a website claiming to be able to provide medical marijuana certificates. The website states that medical marijuana is already legal in Florida for those with a medical necessity. The website also claims that...
Advice
Leaving the Scene of an Accident
There are three types of leaving the scene of an accident charges in Florida: Damaging an unattended vehicle or property Accidents involving occupied vehicles or attended property Accidents causing death or personal injury If you damage an unattended vehicle or...
Opinion Issued by the First District Court of Appeal
The First District Court of Appeal has issued an opinion in a case in which we represent the Appellant. It states: "Under the facts of this case, the motion to suppress the firearm should have been granted because the hot pursuit to effect an arrest for possession of...
Law Enforcement’s Use of Social Media: User Beware
For many people, especially those of certain age, life is lived in the social media spotlight. Twitter, Facebook, and Instagram have become the popular way to communicate. Ordinary citizens are not the only people who use social media. User beware: If your friends can...
Bloggers, the First Amendment And Cyber-Stalking
Where there once was the town-crier, today there is the internet. Those unhappy with a person or business now have, as they should, the means to express their dissatisfaction to all who choose to view their complaints on the web. Many people are under the mistaken...
I Got Busted in Jacksonville: Now What?
If you are arrested in Jacksonville, you will be taken to the John E.Goode Pre-Trial Detention Facility, otherwise known as the Jail. The jail is a multi-story beige complex located at 500 East Adams Street, between Bay and Adams in downtown Jacksonville. Our office...
Stand Your Ground Defense Applies Even if the Alleged Victim Is Unarmed
Florida's Stand Your Ground Law (SYGL) (§776.032, Fla. Stat. (2013) gives a person both immunity from criminal prosecution and civil liability from the use of deadly force when he or she believes that such force is necessary to prevent imminent death or great bodily...
Does the Prosecution Have to Disclose Evidence Favorable to My Defense?
Over fifty years ago, in the case of Brady v. Maryland, the United States Supreme Court held that evidence which tends to negate guilt or mitigate (lessen) the sentence of an accused must be disclosed to him prior to trial. Unfortunately, time and again this evidence...
Domestic Violence Injunctions and Their Consequences
Injunctions, sometimes referred to as "restraining orders," are court orders prohibiting an individual from having contact with the alleged victim of violence. The individual seeking protection who files the petition for injunction is called the "Petitioner," and the...
Search and Seizure: Expectation of Privacy and the Physical Intrusion Test
We are often asked whether police officers have the right to approach a person's home without a warrant and then use what they observe to search the home. Generally, in the absence of "no trespassing" signs or fences, officers have the right to engage in what is...