In a recent case in Florida, a police officer was on patrol in a "well-known and well-documented" drug area when he observed the suspect walking on the side of the road. The officer told the suspect he wanted to talk to him because he was actively chewing something in his mouth. The police asked the suspect what he was chewing, but the suspect didn't say anything. The officer then told the suspect to show him what he was chewing and the suspect opened to show an off-white rock (crack). The officer told him to spit it out and the suspect was arrested. The suspect was then convicted of tampering with evidence and resisting an officer without violence.

An appeals court looked at this case and found that the observations the officer made were the result of an illegal search. The court held that the initial encounter with the officer was consensual, meaning the suspect could have walked away without responding to the officer. When the officer told the suspect to open his mouth, the consensual encounter transformed into an investigatory stop. In order to hold a suspect against his will (where he is not free to leave), the officer must have reasonable suspicion the suspect is committing, has committed, or is about to commit a crime. In this case, all the officer saw was a guy walking late at night chewing something.

John Kerry's daughter, Alexandra, was arrested for DUI this week. When she was arrested and taken down to the police station, she blew under the limit. Even though she blew under, Alexandra had to bond out of jail.

If you have a DUI in Jacksonville and blow under .08, you are still under arrest and will probably have to bond out of jail. Many people think that if you blow under the limit you will be released. The opposite is true. If you blow under in Jacksonville, JSO will ask you to give a urine sample to check for drugs in your system. The most common drugs found in urine are marijuana, cocaine, and Xanax. Even if your urine comes out clean, you still are prosecuted for a DUI. Even if the prosecutor eventually drops your charges in Jacksonville, you will still have an arrest for DUI on your record, you still probably bonded out of jail, and still had to go to court to defend yourself.

As Jacksonville DUI Lawyers, we had a client who blew .02, which is well under the legal limit for impairment. He gave a urine sample, but the results had not come back when he came to our criminal law firm in Jacksonville. Our client could not believe that he could be arrested for DUI after having only one glass of wine. Our DUI Law Firm took the case to court and eventually got the DUI dropped. That was after our client had been arrested and bonded out of jail.

The American Medical Association has changed its policy on marijuana. The association wants the U.S. government to remove pot's classification as a dangerous drug to one with possible benefits. Right now, the federal government classifies marijuana as a Schedule I controlled drug, which has no medical benefit.

Thirteen states have approved the use of medical marijuana. The government has recently ordered its narcotics agents not to arrest medical pot users and sellers in these states, even though pot is still illegal on the federal level.

In Florida, you can still be arrested for possessing, selling, and trafficking in pot.

In a criminal case, the assistant state attorney has discovery obligations. Part of the obligation is to provide the Jacksonville criminal attorney with every piece of evidence in the case, especially evidence that could exculpate the defendant. That includes all paperwork, witnesses, and physical evidence.

If the assistant state attorney neglects to give over this evidence, there can be a "Brady" violation. "Brady" is the name of a case in which the Florida Supreme Court set out a test to establish whether or not to impose sanctions on the prosecution. The defendant has the burden to show that favorable evidence was willfully or inadvertently suppressed by the State Attorney and because the evidence was material, the defendant was prejudiced. The judge can then take actions such as continuing an upcoming trial or exclude the evidence all together.

If your criminal case goes to trial, the very first thing that happens is jury selection. Both the prosecutor and the criminal defense lawyer get to question prospective jurors to ultimately pick the most fair jury to hear the case. Each lawyer gets peremptory challenges, which means the lawyers can strike a certain number of jurors for any reason other than race.

There is an analysis that takes place to determine if the striking of a juror by either lawyer is race, ethnic and/or gender neutral and genuine.

1. The lawyer objecting to the other side's use of a peremptory strike has to make a timely objection, show that the prospective juror is a member of a distinct racial group, and request a reason for the strike.

2. The lawyer that attempted to strike the juror must give a race-neutral explanation.

3. If the explanation is race-neutral on its face and the judge believes the reason is not a pretext, the strike is sustained.

When you are arrested in Jacksonville, you are entitled to a bond hearing. At the hearing, the judge has to make a determination about

1. whether or not you pose a danger to the community and

2. whether you are a flight risk

The judge has to let you have a hearing where a Jacksonville Bond Attorney can present witnesses on your behalf and argument. The criminal defense lawyer will argue your ties to the community, the length of time you have resided in Jacksonville, your employment, etc. The Jacksonville lawyer may also discuss your criminal history and whether or not you have failed to appear at any past court dates. The judge must consider all of these factors as well as the amount of proof the police and state attorney has against you. After considering everything, the judge has to decide a reasonable bond.

If you are arrested for a capital offense (first degree murder) or a crime punishable by life and the prosecutor demonstrates that the proof of guilt is evident and the presumption great, the judge does not have to give you a bond.

About 40% of the arrests in Jacksonville each day are for driving on a suspended license. The prosecutor has to prove that you were driving and you knew your driver's license was suspended. To prove that you had knowledge that your license was suspended, the element of knowledge is satisfied if:

1. You have been cited for driving on a suspended license in Florida

2. You admit to knowledge of the suspension.

3. You received notice of the suspension.

There is a presumption that you received notice if the DMV shows in its records that they sent notice to the address on your license. The prosecutor does not have to show that you actually received the notice.

A then-pregnant woman who was arrested at an ER in Jacksonville can sue the police officer for an illegal arrest. Melanie Williams was arrested in 2005 for fleeing and eluding a police officer and reckless driving in Jacksonville. She was bleeding and felt as if she was going to pass out. As she was driving, police say she ran a red light. After pulling over, she told the officer she was sick and drove to the hospital. Police followed and then arrested her at the scene.

The felony charge of fleeing and eluding an officer and the misdemeanor charge of reckless driving were dropped shortly after her arrest. When you are arrested in Jacksonville, the state attorney's office makes a decision on what to do. They can file the case as charged, reduce the charges to lesser crimes, or drop the charges all together. Both the police and the state attorney's office have great power and discretion over people's liberty.

When someone has been arrested for burglary in Jacksonville or anywhere in Florida, the possible punishment depends on what was "broken into". Burglary means that you entered somewhere you did not have a right to be with the intent to commit a crime within. It can with the intent to commit ANY crime, like theft, battery, and arson. The different places you can burglarize are defined below:

Structure - a building of any kind, either temporary or permanent. It has to have a roof over it.

Dwelling - a building or conveyance, including a porch, whether temporary or permanent, which has a roof on it and is designed to have people lodge in it at night.

Conveyance - any motor vehicle, boat, railroad car, airplane.

The Duval County Jail now is now over capacity by 673 inmates. Officials point to high bonds on certain cases and less negotiated sentences with the state attorney's office.

When someone is arrested in Duval County, they are entitled to go to court within 24 hours of arrest for a judge to determine if there was probable cause for arrest and to establish a bond or release them on their own recognizance. (also called ROR) Officials point to very high bonds that are set in Jacksonville. Jacksonville has some of the highest bonds in Florida.

Officials also cite less plea negotiations taking place with the state attorney's office. The state attorney's office does not have to make offers in any criminal case, but if they did not, the system would be hopelessly overloaded.

Right now, if you are arrested for a third degree felony, you cannot enter a plea in first appearance court. (also called J-1) Officials have suggested that allowing people arrested for these felonies in Jacksonville to have the ability to enter a plea in J-1 if they wish.

An ex-assistant state attorney was arrested for domestic battery in Florida. William Price was a prosecutor for 2 years and is now a criminal defense attorney in Panama City. Police responded to a dispute and claim to have found the alleged victim cut and bleeding. Police report that Price allegedly called the alleged victim after the incident and harassed her. The domestic battery charge carries up to 1 year in jail and is a first degree misdemeanor.

It is very easy to get arrested for domestic battery in Jacksonville. If JSO responds to a domestic dispute, someone is going to jail. It usually is the man who gets arrested of if it is a man and a woman who are involved in the fight. Police will look for any physical marks on the alleged victim's body. They will also look for an "independent" witness to the touching.

In order to prove a domestic battery, the prosecutor must prove that you intentionally touched someone against their will or intentionally harmed someone.

An assistant state attorney has been arrested in Florida for DUI. This is the second time Lydia Wardell as been arrested for Driving Under the Influence within 4 years. Even though there are minimum mandatory punishments for getting a DUI within 5 years of the last DUI, she did not do the minimum 10 days in jail. Instead, Wardell was sentenced to an alcohol treatment program along with 50 hours of community service, a 5 year license suspension, and an ankle monitor. After the police pulled her over and requested that she perform field sobriety exercises, Wardell refused. She also refused to blow into the breathilizer.

Under Florida law, the 10 days in jail are mandatory for a second DUI within 5 years of the first. If you are arrested for DUI in Jacksonville, some judges let you do the 10 days on the weekends. Weekend jail in Jacksonville costs $60.00 per day. You report to the community corrections division on Saturday and Sunday morning at 7:00 a.m. If you are one minute late, they will not accept you and you may have to do straight jail time. You should consult with a Jacksonville DUI Lawyer about weekend jail in Jacksonville.

If a defendant is put on probation for a sex offense in Jacksonville, in order for him or her to have contact with a minor, a risk assessment must be completed and presented to the judge. In Florida, the assessment must be prepared by a qualified practitioner and must be written. The components of it are:

1. The sex offender's legal status.

2. The offender's history of adult criminal charges with a sexual motivation.

3. The offender's criminal history without a sexual motivation.

4. The offender's juvenile charges.

5. The offender's sex offender treatment history.

6. Mental Status of offender.

7. Work, social, educational history.

8. History of drug treatment.

9. Practitioner's opinion about contact with children.

A teacher has been arrested in Nassau County for unlawful sexual activity with a 17 year-old, child abuse, contributing to the delinquency of a minor, and other crimes. Stephen Turner is a teacher at Fernandina Beach High School and the allegations are that he had sex with a student. Turner is currently suspended from work and has a $260,000 bond.

If you are arrested for these charges in Nassau County, Florida, the penalties are as follows:

1. Unlawful Sexual Activity with a Minor, second degree felony - 15 years

2. Providing Obscene Material to a Minor, third degree felony - 5 years

3. Child Abuse - third degree felony - 5 years

4. Contributing to the Delinquency of a Minor - first degree misdemeanor - 1 year

When most people get arrested for DUI (Driving Under the Influence) in Florida, they have been driving a car. DUI law prohibits you from driving a "motor vehicle" while impaired. Police in Marion County arrested a man last week for DUI on a riding lawnmower. Police say Ron Martin was riding a lawnmower on a road and drove it into a bus.

When police made contact with Martin, they noted the typical "clues" of impairment that almost every officer notes in a DUI arrest. They smelled the odor of alcohol coming from his breath, saw bloodshot, watery eyes, heard slurred speech, and said that Martin was unsteady on his feet. In a Jacksonville arrest for DUI, JSO DUI officers almost always note these observations.

Marion County police also arrested Martin for grand theft because the lawnmower was stolen.