Jacksonville Criminal Lawyer Blog

A Jacksonville, Florida wedding planner who ran a business called Princess and Company was arrested this week after complaints were made to Jacksonville police and the State Attorney's office that she took money from prospective brides to plan their weddings but pocketed the money instead, according to an article on www.News4jax.com. The Jacksonville wedding planner is accused of stealing more than $40,000 paid by various people for wedding planning services.

It is not uncommon in Jacksonville for alleged victims to file a criminal report with the Jacksonville Sheriff's Office or make a complaint to the State Attorney's office based on allegations that a contractor or other business person has taken money for personal gain that was intended to be used for professional services. The question becomes whether the alleged conduct was a crime or just bad business that is more properly dealt with in the civil court system. The answer to that question will often depend on different factors such as the facts of each case, the nature of the business, the number of alleged victims, the amount of work performed and the course of conduct and understanding between the parties.

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Posted In: Theft Crimes

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During a drug investigation after a traffic stop in Jacksonville, Florida, it is not uncommon for a police officer to allege that he/she smells an odor or marijuana which is used as a basis for a search of a person and/or a vehicle. Or, what a Jacksonville police officer may do is briefly detain the suspect for a relatively short period of time while the officer calls for a drug dog. The police drug dog, or K9, has likely been trained to walk around the vehicle or the area where drugs are suspected to be present, detect the odor of marijuana (and/or other drugs like cocaine, heroine, crystal meth, etc.) and give certain signals to the K9 officer when the K9 believes the odor of drugs is present. The K9 officer is also trained to decipher a positive signal from the K9. At that point, the officer will likely proceed with a search of the area, or seek a search warrant, based on the alleged probable cause provided by the drug dog.

A criminal lawyer in a recent drug possession case is asking two police officers who arrested his client if they can detect the smell of marijuana in a car in a random test, according to an article on www.Jacksonville.com. Apparently, the two police officers stopped the defendant, who was driving with a tag light out, and claimed to have smelled an odor of marijuana coming from the vehicle. A subsequent search of the vehicle revealed 10 pounds of marijuana in trash bags in the trunk. The criminal defense lawyer is asking the two police officers to display their ability to smell marijuana by detecting marijuana in a random vehicle in the local courthouse parking lot.

From a criminal procedure standpoint in drug cases, this is a fairly unique request, but this random drug smelling test will likely never happen. The police officers are not required to verify their ability to smell marijuana in this manner. Likewise, drug dogs, who have a much higher sense of smell than humans, are not required to prove their smelling ability in post-arrest random tests of the criminal defense lawyer's choosing, although they are required to prove their drug odor detection ability in order to become properly trained and certified drug dogs. However, the criminal defense lawyer can and should cross-examine the arresting police officers at trial to determine the officers' qualifications and abilities in detecting marijuana and also whether there was a Constitutionally sufficient basis to stop the defendant and search his vehicle.

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Posted In: Criminal Procedure , Drug Crimes

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Florida is one of the more major areas for drug trafficking and also a stop along the drug trade that leads to drug trafficking centers in the Northeast United States and Canada, according to the United States Drug Enforcement Agency (DEA). Because Florida has such a long coastline, has several international airports and marine ports and is strategically located near other countries who make and/or export drugs such as cocaine, heroin, crystal methamphetamine and marijuana, Florida plays a central role in drug trafficking and distribution.

The following is drug trafficking and other drug-related information relative to Jacksonville from the DEA. According to an interim report in 2006 fro Florida Medical Examiners, Jacksonville has the highest reported number of cocaine-related deaths in the state that year. Major drug trafficking organzations dealing crack cocaine have appeared in a few cities in Florida, two of which are Jacksonville and Gainesville. Marijuana is grown throughout the state. Indoor marijuana growing operations have become more lucratie and more common. Canadian marijuana trafficking groups are import their marijuana to Jacksonville where distribution groups sell the Canadian marijuana throughout Northeast Florida.

The most readily availbale drug in Jacksonville and throughout Florida is MDMA, which is more commonly known as ecstacy.

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Posted In: Drug Crimes

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Social networking sites like Facebook and Myspace have become extremely popular, not just among high school and college students, but for people of all age groups, but the information that is posted on these sites is also being used as a tool by prosecutors to obtain evidence against defendants to prove their cases and support harsher sentences. These sites are a great way for people to stay in touch with friends and family members and keep people updated about their lives. However, users of Facebook, Myspace and similar sites need to be aware that what they post on those websites can be used against them in court in a criminal or other type of case.

For example, in Rhode Island, a college student who was facing drunk driving charges after crashing into another person and sending her to the hospital attended a party wearing a prison inmate outfit shortly after his DUI arrest, according to an article on Foxnews.com. Pictures of him at the party were posted on Facebook. The prosecutors saw the pictures, printed them and presented them to the judge at the sentencing hearing. Those pictures helped the prosecutors get an enhanced sentence of two years in prison. This is not an isolated example, and the article goes on to provide other situations where a criminal defendant received a higher sentence as a result of prosecutors showing the judge Facebook or Myspace postings that undercut any claim that the defendant was remorseful for the crime.

The pictures in the Rhode Island DUI case would almost certainly not be admissible in trial if the defendant had plead not guilty and requested a trial since they do not tend to show that the defendant committed the DUI crime with which he was charged. However, once the defendant pleads guilty, the judge can consider such pictures as they arguably do tend to show whether or not the defendant was remorseful for committing the DUI and injuring the victim.

There certainly would be circumstances where what a criminal defendant posts on Facebook, Myspace or a similar site would come into evidence during the course of a trial if a criminal defendant posts information or a picture that is relevant to the issue of whether he/she committed the crime for which he/she is charged. The lesson, of course, is that if you have been charged with a crime, or suspect you might be, do not post on the Internet or via email any messages, comments, pictures or anything else that has anything to do with any aspect of the case. In other words, if you are a criminal defendant or a suspect or think you may be one in the future, before you post something on Facebook, Myspace or a related site, consider whether you would want a judge or jury to see it. If the answer is no, think twice before putting it on the Internet.

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Posted In: Criminal Procedure , DUI

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Federal law prohibits dispensing dangerous drugs without a prescription from a doctor who has a legitimate medical relationship with the patient. However, there are hundreds of Internet websites that offer prescription medications to anyone without the prescription, including dangerous and/or addictive drugs like Oxycontin, Vicodin, Methadone and Xanax.

A recent study located 365 websites that sell controlled medications over the Internet by mail. Most of them sell their drugs without requiring a prescription. Other websites offer to sell the required prescription after a person provides some basic information over the Internet. Officials believe that the ease with which people can get dangerous, and other, drugs over the Internet is increasing drug abuse, particularly among younger people such as college students. The study showed that 85% of all drug sales over the Internet involved controlled drugs versus 11% of drug sales from pharmacies. This statistic obviously suggests that people are taking advantage of the ease and anonymity of the Internet to obtain certain drugs they could not get by walking into a pharmacy.

Law enforcement officials have been trying to put a stop to the illegal sale of drugs over the Internet. While the recent study found 365 websites selling drugs over the Internet without requiring a prescription, a similar search last year found 581 such websites. However, many of these Internet sites are based outside of the country. (This, of course, raises an issue as to how safe it is to take a medication when it is unclear where it came from, who prepared it and who dispensed it.) Additionally, these websites can come and go and avoid detection much easier than a traditional business. Congress is currently considering a law entitled the Ryan Haight Online Pharmacy Consumer Protection Act which would require online pharmacies to be certified and also require a person to actually see a doctor prior to obtaining a prescription for a controlled medication. It is unclear how and to what extent those requirements will truly address the problem and how offenders would be caught.

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Posted In: Drug Crimes , White Collar Crime

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Earlier this week, police in Nassau County (just north of Jacksonville, Florida) raided what they alleged to be two illegal casinos- Cabana Gold Vegas Games in Callahan and Treasure Bay in Fernandina Beach, according to a www.News4Jax.com article. Nassau County police officers claimed that the alleged casinos were paying customers who won playing the casino games in cash, which is illegal under Florida law. Giving the winners of these games a ticket that can be exchanged for certain merchandise is legal, but the law prohibits cash, alcohol or cigarettes as rewards for the games. According to Nassau County police, the two alleged casinos are no longer operating after the recent raids.

Florida law prohibits gambling in several different ways. It is a third degree felony to keep gaming tables, a gaming room or a gaming house for the purpose of illegal gambling. Whoever engages in gambling for money or other thing of value is guilty of a misdemeanor. There are certain exceptions for cardrooms, the lottery, charitable gaming and others. Those who violate gaming laws are subject to criminal penalties and seizure and forfeiture of gaming paraphernalia as well as proceeds from illegal gaming operations.

A list of Florida gaming laws can be found here.

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Posted In: Gaming Crimes

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One form of Medicare fraud occurs when a doctor or provider of medical supplies seeks reimbursement from Medicare for medical services or equipment that was never provided or for an amount greater than the service or equipment was worth. When the system works, a doctor or medical supply company will provide a service or piece of medical equipment to a patient covered by Medicare and then submit a proper reimbursement form to Medicare for payment. However, because of the bureaucratic and wasteful nature of the Medicare program, this system is wrought with fraud.

There were approximately $93 million in fraudulent Medicare claims in the United States from 2000 to 2007, according to a recent congressional study which was reported at Sfgate.com. The study found that millions of dollars were being paid to medical supply companies via reimbursement forms based on prescriptions that were over ten years old and/or that were from dead doctors. Florida, which has a high number of Medicare claims due to the age of its population, had more than $2 million in Medicare claims paid to medical supply companies based on prescriptions from 114 dead doctors; over $500,000 was paid for prescriptions from a single doctor who died in 1999.

An amazing 27% of dead doctors in Florida still had an active Medicare ID number that could be used to seek payment through Medicare.

Medicare officials claimed they have been working to correct this expensive problem. For starters, they are trying to update their records as to whether a doctor with a Medicare ID is dead or alive every 90 days as opposed to every 15 months or more. They also plan more regular audits of those making Medicare claims to make sure the Medicare claims are consistent with the services and supplies actually provided.

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Posted In: Theft Crimes , White Collar Crime

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In Atlantic Beach, officials for the Department of Business and Professional Regulation have been cracking down on contractors who solicit customers for work they are not licensed to perform, according to an article on www.Firstcoastnews.com. According to the report, contractors in the Jacksonville area were advertising on the popular website Craigslist for services that require a license but were not in fact licensed. They would then agree to perform the work, take an initial deposit and then disappear.

The State of Florida regulates and licenses contractors who perform work such as additions to a home, roofing, air conditioning, plumbing and electrical work. In order to obtain a license, contractors generally must pass an exam, take continuing education courses, prove that they are financially stable and show proof of insurance.

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Posted In: Theft Crimes

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For every ATM card or debit card that is issued by a bank or other financial institution to a customer, there is a PIN code that allows the customer to access the funds in the account. The PIN codes are supposed to be among the most heavily secured elements of the banking transactions. However, according to court documents and a report on Sfgate.com, thieves have been able to access numerous PIN codes and millions of dollars of bank customers' money by breaking into the computer network of automated teller machines (ATM"s) at various 7-Eleven convenience stores.

Customers' PIN codes are supposed to be protected by the banks and other financial institutions with the highest level of encryption (the use of secret coding to prevent others from reading information). However, some operators of ATM's are not using the recommended strong encryption methods allowing hackers to access the PIN data that goes from the ATM's to the computer systems that process the transactions.

Law enforcement officials do not know exactly how the thieves accessed the PIN codes, but believe it was done remotely via a server. As a result, customers and potential victims would not notice anything different about an ATM, the use of which could potentially result in the theft of their PIN code.

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Posted In: Theft Crimes , White Collar Crime

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According to police officials in various counties in Florida, one result of the increase in gas prices is a corresponding increase in the number and degree of theft cases involving gas. Some of the thefts are committed on a small scale and involve siphoning gas from the gas tanks of vehicles or tampering with gas tanks at the gas stations. Other thefts are more significant and involve the theft of hundreds of gallons of gas from fuel tanks. This kind of theft likely takes a planned and concerted effort involving multiple people.

In one criminal case out of Marion County (which is about 100 miles Southwest of Jacksonville, Florida), a couple was arrested for grand theft and burglary for stealing gas after drilling a hole in a gas tank. According to the article at OrlandoSentinel.com, the male suspect left his power drill, which had his name on it, at the scene of the crime.

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Posted In: Theft Crimes

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The federal crime of mortgage fraud has become a priority for federal law enforcement officials, according to a recent FBI press release. Over the last few months, the FBI and Department of Justice have undertaken coordinated efforts to arrest and prosecute those allegedly responsible for committing mortgage fraud. No doubt, the recent and continuing problems with the housing markets and foreclosures throughout Jacksonville, Florida and many other parts of the country have played a significant role in the decision to make mortgage fraud an increasing priority. In approximately three and a half months, over 400 people were charged with mortgage fraud across the country. According to federal officials, these cases involved approximately $1 billion in losses.

The crime of mortgage fraud can occur in a few different ways. A borrower may make misrepresentations on a mortgage application about his/her income, liabilities or intention for the property in order to obtain a mortgage or a better rate on a mortgage. An appraiser may inflate the value of property to entice a lender to approve a higher loan than the property used as collateral would warrant or the fraudulent and excessively high appraisal amount may be obtained to allow the buyer to quickly re-sell, or flip, the house to an unsuspecting buyer (although this is more difficult in today's difficult housing market). There are many other forms of mortgage fraud. For more information about the various mortgage fraud schemes, go to the FBI's website which discusses the subject.

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Posted In: Federal Crimes , White Collar Crime

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It may be the personal characteristics and personality of the police officer that determine whether you will be arrested for DUI (also referred to as DWI, drunk driving and driving under the influence of alcohol or drugs) in Jacksonville, Florida. Much of the evidence that a police officer uses to support a DUI arrest is subjective- i.e., slurred speech, strong odor of alcohol or marijuana, bloodshot eyes, swaying, behavior consistent with being drunk or otherwise intoxicated, inconsistent answers and of course, the results of a field sobriety test. If a particular police officer decides that you failed the field sobriety test or are exhibiting signs of intoxication, he/she will likely make an arrest.

A study of DUI arrests by the National Highway Traffic and Safety Administration confirmed that the difference in characteristics among police officers is a very important factor in determining whether a DUI arrest will be made or not. The study showed that a police officer's age and experience are important factors in DUI arrests. Younger, less experienced police officers make more DUI arrests than older, more experienced police officers. Not surprisingly, police officers who do not drink are much more likely to make a DUI arrest than those who do drink. A police officer nearing the end of his/her shift is less likely to make a DUI arrest than one early in the shift. If the police officer perceives the driver as uncooperative, the officer is more likely to make a DUI arrest. Specialized traffic enforcement police officers are more likely to make DUI arrests than police officers with general duties. The less a police officer has been educated about how much alcohol consumption is required to cause a driver to be over the legal limit, the more likely the officer will sympathize with the driver.

In Jacksonville, Florida, a DUI arrest has serious potential penalties and ramifications from jail time to a prolonged license suspension. Given the serious nature of a DUI charge, it is disturbing to see a study that shows the many arbitrary factors that would lead one police officer to make a DUI arrest while another may not that have nothing to do with whether a driver actually committed the crime. As it turns out, maybe the last police officer you want to see after having a couple of drinks at dinner is a young, new police officer in the DUI enforcement unit who does not drink and is just starting his/her shift.

However, it is important for your criminal defense attorney to understand these different characteristics of police officers and their significance as they relate to a DUI arrest for when it comes time to cross-examine the police officer at the trial.

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Posted In: DUI

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Gas prices have become a central issue in Jacksonville and throughout the country as they continue to rise into the summer months with no relief in sight. Americans have established a lifestyle conducive to low gas prices, and many of us are having a difficult time making adjustments to the recent inflated gas prices. Of course, gas prices in Jacksonville and through the United States are not nearly as high as they are in many other countries, like those in Europe, but that is no consolation to people here who pay twice as much or more to fill up their gas tanks than they did a year or two ago.

Police departments, whose officers spend much of their shifts driving, are also having a difficult time working the increased fuel expenses into their budgets. One city in Northwest Georgia is dealing with their budget difficulties due to higher gas prices by adding a $12 fuel surcharge to each ticket for a moving violation, such as speeding, according to an article at www.USAToday.com. The city, Holly Springs, Georgia, is doing this to avoid raising property taxes. According to the article, the Holly Springs police chief has been getting a number of calls from police chiefs and city managers from other cities inquiring about their program. This is the kind of thing that could certainly catch on and spread to other cities.

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In Jacksonville, Florida it is very common for Jacksonville Sheriff's Office (JSO) officers to increase the number of DUI arrests (aka DWI or drunk driving) around July 4th, particularly when July 4th falls on or near a weekend as it does this year. Jacksonville residents may see an increase in DUI checkpoints or roadblocks and Jacksonville police officers on the roads looking for people they suspect are driving under the influence of alcohol or drugs in certain areas they consider higher DUI crime areas.

Interestingly, police checkpoints for DUI stops and investigations may be more trouble than they are worth, according to an article last year on www.azstarnet.com. That article notes that in two years of DUI checkpoints in Arizona, more than 46,000 drivers were stopped, but only 1% of them were arrested for DUI and fewer than half of that 1% were convicted of DUI. The number of DUI arrests did not change whether the DUI checkpoints were in place or not.

If you have any questions about a DUI arrest in Jacksonville or the Northeast Florida area or DUI laws in general, we invite you to contact us any time.

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Posted In: DUI

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A police officer and former magistrate judge were charged with human trafficking and several other federal crimes for allegedly bringing a woman into the United States from India under false pretenses and subjecting her to a form of "modern day slavery" in Georgia, according to an article at www.ajc.com.

According to federal prosecutors, the defendants lied to the Indian victim and told her she would be employed as a nanny, but after she arrived in the United States, they refused to pay her, made her live in an unheated basement, limited her access to the outside and told her she was a criminal and threatened to have her arrested. When the victim was able to escape the house, one of the defendants reportedly contacted the Department of Homeland Security and reported that the victim may be a terrorist.

Federal human trafficking allegations are considered a top priority and prosecuted to the fullest extent of the law, according to representatives of the Department of Justice. Earlier this year, three defendants in New Jersey were given maximum sentences after pleading guilty to human trafficking for their role in bringing Hondurans into the United States, lodging them in cramped apartments and forcing them to work extensive hours dancing in bars for low wages that were taken away to pay for the cost of smuggling them into the country.

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Posted In: Federal Crimes

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Financial identify fraud and financial identity theft are increasingly common crimes. A person can be a victim of these financial identity crimes without knowing about it for days, weeks or months. Once a victim of these crimes, it can be very costly and time consuming to get one's credit and financial situation in the same position it was in prior to the crime.

One way to check and see if your identity or financial accounts have been stolen is to check your credit report. What many people are not aware of is that you can get a copy of your credit report for free once a year. If you want to obtain a copy of your credit report more often than that, you can for a fee. However, it is important to note that there are three companies that maintain credit information- Experian, Equifax and TransUnion. If you want to have a thorough picture of your credit situation, you need to see your credit report from each of the three companies. Why? Well, if someone steals your identity and orders a new credit card with it, that credit card company may check your credit through Experian. Therefore, if you only see your credit report from Equifax, you will not be aware of the fraudulent credit card on the Experian credit report. So, the best course of action is to stagger your order for one free credit report from each company every four months. If you want to order your credit report, go to www.annualcreditreport.com.

Unfortunately, ordering your credit report and seeing an unauthorized entry on there obviously will not prevent your identity or financial information from being stolen; it will just alert you to that fact and allow you to start the process of restoring your credit. One way to try and prevent financial identity fraud or theft is to place a fraud alert on your credit file, which is free. You only need to do this with one of the three credit bureaus as they will notify the others. This will alert the credit bureaus to contact you for verification if anyone applies for credit under your name. Fraud alerts need to be renewed every 90 days.

Another way to try to avoid becoming a victim of financial identity theft or fraud is to place a freeze on your credit file. This effectively freezes your credit file so that new credit accounts cannot be opened. It also prevents some people, such as landlords ad employers, from viewing your credit report. This must be done with each of the three credit bureaus. The problem with freezing your credit file is that you may want someone to have quick access to your credit file or you may need quick access to new credit which would not be possible until you lift the freeze on your credit file. It also costs a fee (often $10) each time you freeze your credit file and lift the freeze with each credit bureau.

Financial identify theft and financial identity fraud are very common crimes that can have lasting, cumbersome and expensive effects on people. It may not be possible to completely eliminate the risk of being a victim of financial identity crimes, but there are things that can be done to reduce the risk and become aware if you are a victim. At a minimum, checking your credit report on a regular basis is a good start.

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Posted In: White Collar Crime

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