Jacksonville Criminal Lawyer Blog

The Identity Theft Resource Center (ITRC) recently reported that data breaches increased by 47% from 2007 to 2008. Data breaches commonly involve unauthorized access to identification and/or financial information that is stored on a company's computer or network. It can result in severe financial penalties and irreparable damage to a company's reputation.

The ITRC has also put together a guide for small and mid-sized businesses that contains steps they can take to reduce their exposure to data breaches and identity theft. The guide can be found here. Some of the highlights include: determining the data the company needs and eliminating all other data from the company's files/network, storing paper files and disks with sensitive information in a locked room and limiting access to that room, implementing proper shredding procedures, minimizing the number of places or computers where financial information is stored, encrypting all sensitive information that is sent over the Internet, ensuring that employees use responsible computer passwords that are not easy to detect and limit access to those passwords, discontinuing the storage of sensitive information on laptops to the extent possible and establishing confidentiality and security procedures and training employees accordingly.

In mid-2008, a relative of A.T. contacted the law office of Shorstein & Lasnetski, LLC in Jacksonville, Florida after A.T. was arrested for conspiracy to traffic MDMA (aka ecstasy). This criminal charge of conspiracy to traffic ecstasy is a first degree felony which carried a minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison.

Shorstein & Lasnetski investigated the case and noted that the state's case was seriously lacking in evidence. Of course, in any criminal case, the state has the burden of proving beyond a reasonable doubt that the accused defendant is guilty of the crime for which he was charged. In this case, the state was relying primarily on two secretly recorded conversations between A.T. and some acquaintances and the unreliable testimony of known drug dealers. Shorstein & Lasnetski reviewed the transcripts of the recorded conversations involving A.T. as well as numerous other conversations in which A.T. was referenced. What we determined was that the conversations involving A.T. were vague at best and did not directly implicate him in any illegal drug activity. Additionally, the other conversations between A.T.'s acquaintances never indicated that A.T. was involved in any drug deals, of ecstasy or any other illegal drug. In fact, those other conversations pointed to other individuals who were selling the drugs who had nothing to do with A.T.

To cement A.T.'s defense, Shorstein & Lasnetski took depositions of the known drug dealers who the state relied upon to tie A.T. to ecstasy drug deals. In these depositions, these witnesses gave conflicting statements and failed to support the state's case against A.T.

Shortly before the trial was to begin, the state decided to drop the conspiracy to traffic ecstasy charge against A.T. based on the conflicting and deficient evidence against him.

If you have been charged with a drug crime in the Jacksonville or the North Florida or Southeast Georgia area, feel free to contact us to learn your rights and prepare for your defense.

What is the purpose of police giving traffic tickets to drivers? To encourage people to drive safely or to make money for the local government? Many people in Jacksonville, Florida and other cities have suspected that the police are supposed to issue a certain number of traffic tickets a month or year. These requirements are referred to as quotas and would suggest that revenue plays a major role in how many traffic tickets police give to drivers.

A recent study by the Federal Reserve Bank in St. Louis looked at the correlation between poor economic conditions and the issuance of traffic tickets. Not surprisingly, the study found that significantly more tickets are issued in years after which a city's revenue has declined. Specifically, the study found that a 10% decrease in revenue growth for the government in the prior year results in a 6.4% increase in the growth rate of traffic tickets. The study concluded that police give traffic tickets as a means of generating revenue rather than as a tool to increase driver safety on the roads.

Donte Stallworth, who plays wide receiver for the Cleveland Browns, was involved in an accident last week that resulted in the death of a pedestrian in Miami Beach, Florida. According to articles written after the crash, Stallworth submitted to a field sobriety test and also had his blood drawn to determine his blood alcohol content (BAC) after the crash. The toxicology reports showing his BAC have not been completed, however there are reports that Stallworth's BAC was 0.14 around the time of the accident, according to an article on Miamiherald.com.

In Florida, the legal limit for DUI (driving under the influence of alcohol) is 0.08. If Stallworth's BAC was 0.14, he was well over the limit. This does not automatically mean that he was, or will be found, guilty of DUI, but it would be pretty damaging evidence against him in his criminal case. When a driver is stopped by police with a BAC of 0.08 or more, he/she will likely be charged with DUI, which is a misdemeanor for a first DUI. If a person is driving with a BAC of 0.08 or more and causes an accident resulting the death of another person, it can be a second degree felony which carries a maximum penalty of 15 years in prison, or a first degree felony which carries a maximum of 30 years in prison if the driver leaves the scene of the accident without providing the necessary contact and insurance information.

Based upon this preliminary report, Stallworth is facing some serious legal issues. A charge of DUI manslaughter is likely. However, before this case is ultimately resolved, Stallworth's defense attorney will certainly raise many issues regarding the accident, how and why it occurred, whether and to what extent Stallworth was impaired by alcohol and the validity of the state's evidence to support that allegation.

A common situation that occurs in Jacksonville, Florida involves a Jacksonville Sheriff's Office officer responding to a crime and questioning people in the vicinity of the crime to learn who committed the crime. Let's assume that the police suspect that a bystander committed the reported crime, approach him and ask him some general questions, such as his name and what he is doing. Let's also assume the bystander gives the police officer the wrong name. When the police officer learns that the bystander gave the police the wrong name, the police officer arrests the bystander, searches him and finds drugs in his pocket. Is this a valid arrest and search?

This would most likely be ruled to be an invalid arrest, and the evidence (the drugs) that were found pursuant to that arrest would likely be thrown out of court. Giving a false name to police is not a crime unless that person gives the wrong name during a lawful detention or arrest. If the police officer did not have a sufficient basis to detain or arrest the bystander in the first place, the bystander did not commit a crime when he gave the officer the wrong name. If a police officer merely suspects that a person has committed a crime, without having any specific, concrete evidence, that is not a sufficient legal basis to detain or arrest a person. Additionally, if a police officer searches a person incident to an arrest and finds evidence, such as drugs or property belonging to another person, that evidence cannot be used against that person if the arrest was unlawful. The criminal defense attorney would get that evidence thrown out pursuant to a motion to suppress. Such tainted evidence is referred to as fruit of the poisonous tree, the poisonous tree being the unlawful arrest.

However, there is an exception to this fruit of the poisonous tree concept. If the police would have discovered the tainted evidence anyway based on some other lawful basis, the evidence could be used against that person. For instance, assume the police are responding to a burglary and suspect that the perpetrator ran into his friend's house across the street from the victim's house. The police go to that friend's house and get consent to search the house from the owner/friend. The police officer finds the suspect sitting on a bed in one of the rooms and asks his name. The suspect gives a false name. The police arrest him, search the room and find some of the victim's property that was stolen in the burglary under the bed in that room. The arrest for giving a false name is invalid, and any search incident to that arrest is also invalid. However, the property found under the bed could still be used against the suspect because while the police could not use the suspect's arrest as a basis to search the area near him, they could use the friend/owner's permission to search the house as a legal basis to search under the bed.

Consider a person who works at a business in Jacksonville, Florida who carries a handgun that is concealed on his/her person or keeps a gun concealed close by in order to protect the business from robbers. If a police officer comes into that business and finds the employee with the concealed firearm, can that employee be arrested for the Florida crime of carrying a concealed firearm, which is a third degree felony punishable by a maximum of five years in prison (assuming the search by the police officer was valid for the purposes of this example)? It seems obvious that the Second Amendment and Florida law would allow a person to keep a concealed firearm in his/her place of business for protection. However, several people have been arrested by police over the years in Florida for doing just that, and they have been convicted.

So, the question remains: Can a person in Florida carry a concealed gun at his place of business? The answer most likely is yes. It is a crime in Florida to carry a concealed firearm on or about one's person without a permit. However, the law also says that a person is permitted to possess a firearm at his/her home or place of business? The confusion arises over the phrase: "his/her . . .place of business." State prosecutors have argued that a person must be in a place of business that he/she actually owns or possesses (i.e. leases). State prosecutors have argued that mere employees of a business who do not own the business are not permitted to carry a concealed firearm at that business. This seems like an attempt to twist the meaning of the law for something other than its intended purpose. This issue has not been ultimately decided and the law could certainly change, but as I read it, a person is permitted to carry a concealed firearm at a business as long as he/she owns the business or works at the business. However, the law does not specifically account for a situation where the company policy prevents employees from possessing firearms at work.

Additionally, this exception to the carrying a concealed firearm law in Florida is different for a home. A person may be properly arrested and charged with carrying a concealed firearm if he/she carries a concealed firearm at the home of another person.

If you have been arrested on a gun charge in the Jacksonville, Florida area or have any questions regarding the laws pertaining to concealed firearms or other weapons, contact a criminal defense lawyer who knows the laws in this area so you can fully understand your rights regarding gun ownership and possession in Florida.

The Florida crime of carrying a concealed firearm is committed when a person carries a concealed firearm on his person without a proper license. In Florida, this crime is a third degree felony. When a person who is lawfully licensed to carry a concealed firearm while off-duty such as a police or other law enforcement officer or a reserve or auxiliary officer with the Florida Fish and Wildlife Commission becomes inactive, can he/she still still carry a concealed weapon?

According to Florida law, it will depend on whether that person's certification remains intact. All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers (which is defined at Florida Statutes § 943.10(1), (2), (6), (7), (8) & (9)) may carry a concealed weapon. So, the question is not whether the person is active in his/her particular law enforcement-related position, but whether his/her certification remains active. A person who is an inactive law enforcement officer, or even suspended, whose certification has not been suspended is not criminally liable for carrying a concealed weapon under recent Florida law.

When a person gets arrested in Jacksonville, or anywhere else in Florida, it can leave a permanent mark on one's criminal record that future employers and others can see. This is true even if the criminal charge(s) is baseless and ultimately the charge(s) is reduced or dropped. There is a remedy that can prevent most people and prospective employers from seeing the criminal record. The law allows a person to have a criminal record sealed or expunged in certain limited circumstances. This post will deal with sealing a criminal record; a future post will deal with expunging a criminal record.

Florida law indicates when a person can or cannot seal a criminal record. If a person is arrested for a crime, is formally charged with a crime and enters a plea of guilty or no contest, he/she still may be able to have that criminal record sealed if the judge withholds adjudication for the crime. If, in the alternative, the judge adjudicates the defendant guilty, Florida law says that record cannot be sealed. As a result, for anyone who has been arrested and charged with a crime in Florida and who may want that criminal record sealed, it is important to discuss the difference between a withhold of adjudication and an adjudication of guilt with the criminal defense lawyer prior to entering a plea of guilty or no contest.

If a criminal defendant in Florida pleads guilty or no contest to a crime and the judge withholds adjudication, sealing that criminal record remains an option. However, Florida law still may not allow the criminal record to be sealed if the charge is one of the listed charges that cannot be sealed. Additionally, the person's prior criminal record may also be a factor in determining whether the law allows a person to seal a criminal record.

If you have been arrested for a crime in Jacksonville or another part of Florida, you should consider whether you may be eligible to have your record sealed before entering any plea. The effect that a guilty or no contest plea may have on your ability to later seal your criminal record should be discussed if the appearance of your criminal record is important to you, which it often is.

If you have been arrested for a crime in the Jacksonville, Florida area and want to know more about your rights to seal your criminal record, contact us for a free consultation.

With the 2009 spring break period coming up, police in St. Augustine and other areas of St. Johns County, Florida have indicated that they will increase their focus on underage drinking, particularly during the spring break weeks this month, according to an article on News4Jax.com. St. Johns County police have said that underage drinking has increased in their county and is more of a problem there than in Jacksonville, Florida and other surrounding locations.

Police in St. Johns County Florida have set up a hotline for people to report crimes involving underage drinking and plan to concentrate on high school and college parties and other locations where teenagers hang out. The police are also apparently going to focus on adults who sell or provide alcohol to minors. Police in St. Johns County, Florida will also test liquor store employees. They often do this by sending in an underaged person to buy alcohol at a particular store and citing or arresting the store clerk if he/she sells the alcohol to the teenager.

In Florida, it is a second degree misdemeanor crime for a person to sell or otherwise provide alcohol to a person under 21 years of age, and it is a second degree misdemeanor crime for a person under 21 to possess alcohol.

Jacksonville Jaguar wide receiver Matt Jones was arrested back in July of 2008 for being in possession of a controlled substance, i.e. cocaine. As is often the case with drug possession cases, he entered into a plea agreement that required him to participate in a drug program and comply with certain conditions. One of those conditions prohibited him from using drugs or alcohol. Apparently, he violated the condition that prohibited him from using alcohol and was arrested for violating the terms of his plea agreement and drug program and sent to jail, according to an article on yahoo.com.

When a person is charged with a crime in Jacksonville, Florida, such as possession of marijuana or cocaine, that person may be eligible for a pretrial diversion program that will require him/her to abide by certain conditions such as attending a drug treatment program and staying off of drugs. If he/she successfully completes the terms of the program, the charges against him/her will likely be dropped. If a person violates the terms of the pretrial intervention program, he/she may be removed from the program and re-charged with the initial crime.

Likewise, people who have been charged with drug possession crimes in Jacksonville, Florida are often sentenced to probation, rather than jail or prison, if they enter a plea of guilty or no contest. That person, the probationer, will have to comply with certain terms of probation as outlined by the judge. These often include reporting to the probation officer, paying the fees associated with probation and undergoing a drug evaluation and any treatment indicated. If the probationer violates one or more of the terms of his/her probation, the probation officer may take a warrant to the judge to have the probationer arrested. A hearing will be scheduled at which time the probationer can either admit the alleged probation violation(s) or challenge them. If the probationer admits the probation violation(s) or a judge finds that the probationer violated his/her probation, the judge will sentence the probationer for the probation violation offense, which can result in jail or prison time, even if the person was only sentenced to straight probation for the original crime.

The Federal Trade Commission (FTC) keeps a database of the various business and fraud-related complaints made by people in the U.S. to various entities. In a recent report, the FTC indicated from where those complaints came and the nature of those complaints. There were over 1.2 million complaints documented by the FTC in 2008, and 52% of them were related to fraud. Of those fraud-related complaints, identity theft was clearly the most complained of activity. Specifically, credit card theft was at the top of the list for identity theft-related activity.

Florida ranks third in the U.S. among the states in per capita rate of identity theft complaints and ninth in total overall complaints. This comes as no surprise as Florida has a high population of senior citizens who are often targets of fraud. However, it was notable that email is now by far the preferred method of initial contact for those who are attempting to defraud someone. The fraud complaints revealed that the victims were initially contacted by email 52% of the time and by phone only 7% of the time.

Those of us who have been working in criminal law since the 1990's (or earlier), before the Internet was popular and widespread, recall boiler rooms and telemarketing schemes that were implemented to defraud the elderly and others. Now, it seems as if people have leveraged the relative ease of use and access and anonymity of email and the Internet to attempt schemes to defraud.

Police in Orange Park, Clay County, Florida raided a house pursuant to a suspected illegal marijuana growing operation, according to an article on News4Jax.com. According to the article, the Clay County police officers seized numerous marijuana plants and observed marijuana growing equipment such as lights and ventilation equipment in the house. Charges have not been filed at this early stage, but it is likely that felony marijuana charges will result from the search and arrests.

The article on the Jacksonville, Florida paper's website indicates that the police discovered the house based on "intelligence." One issue that is sure to arise in the following criminal case is what specific facts the Clay County police had to justify a search warrant for the house and the subsequent search and seizure of the marijuana plants and other evidence. At a motion to suppress evidence in the criminal case, the Clay County police will have to show that they had a legitimate factual basis to obtain a search warrant and search the house. This is just one of the several issues that arise in a drug case involving search warrants and the seizure of evidence from someone's home.

If you have any questions about your Fourth Amendment rights to be free from unreasonable searches and seizures or a police officer's right to search you, your vehicle, your home or any other belonging, feel free to contact us for a free consultation about the laws related to drug cases and illegal searches and seizures.

The new U.S. Attorney General in President Obama's administration stated that the federal government has changed its policy and will not raid medical marijuana establishments in states where selling marijuana for medicinal purposes is legal. Medical marijuana is legal in thirteen states. Florida is not one of them, and none of those states are in the South.

One might ask how law enforcement officials can legally raid a medical marijuana facility if the state has made it legal to sell marijuana with a doctor's prescription. The reason is that the particular state's law may say it is legal but federal law may say it is not. As a result, under the Bush administration, federal Drug Enforcement Agency agents and other federal law enforcement officials were directed to raid medical marijuana locations pursuant to federal drug laws despite the contrary state marijuana laws.

However, under Obama, that is expected to change. This should not directly affect residents of Jacksonville or other cities in Florida (unless and until Florida legalizes marijuana for medicinal purposes), but it does clearly indicate a shift in the priorities of the current federal government away from targeting and prosecuting marijuana users, at least in the states where medical marijuana is legal.