Jacksonville Criminal Lawyer Blog

New Low Tech Credit Card Theft on the Rise in Florida

Published on: September 18, 2008 | by Lasnetski Gihon Law

Credit card theft/fraud is a crime that is increasing throughout Jacksonville, Florida and the entire country. As people become more proficient with computers and the Internet, those with criminal intentions are finding ways to misappropriate credit card numbers and other financial accounts. As high tech credit card thefts is increasing, so are more low tech attempts to commit credit card theft.

For instance, one type of credit card theft called shaving is becoming increasingly popular. This type of credit card theft involves a thief trying different combinations of 16 digit numbers until he/she finds one that matches a valid credit card account. The match can be verified by initiating a credit card purchase on the Internet or over the phone. Once the thief finds a valid credit card number, he/she will obtain an old, expired credit card and shave off the numbers. The new, valid numbers are then glued on to the card. The thief then damages the magnetic strip on the credit card so the store clerk has to manually enter the new credit card numbers into the credit card machine, and the purchase goes through.

This is not the smoothest way to commit credit card theft, but it is apparently working, particularly in stores that have a high volume of customers with young store clerks who do not take the time to inspect a credit card when it is presented. Surely, most of us could identify one of these altered cards if we took the time to look at it, but consider that many store clerks do not pay attention to a credit card other than to briefly determine whether it has a signature.

Drunk Driving Suspect with Four Prior DUI’s Kills Newly Married Couple

Published on: September 15, 2008 | by Lasnetski Gihon Law

A person suspected of driving drunk ran a red light and caused an accident that killed a couple who had been married just over a month, according to an article on Foxnews.com. The suspected drunk driver has four prior convictions for DUI, or DWI as they are called in Texas. The suspected drunk driver was arrested and charged with murder under Texas law. In Jacksonville, Florida, two charges of DUI manslaughter would be likely, one for each victim.

It is unclear from the article whether the suspected drunk driver had a valid license. In Florida, if a person gets a fourth DUI conviction, he/she faces a mandatory permanent license revocation. While a person in Florida with one, two or even three DUI convictions may apply for a hardship license while his/her driving privileges are suspended, a person in Florida with a fourth DUI conviction is not eligible for a hardship license. In other words, a person with a fourth DUI conviction in Florida may not drive again, regardless of the time period between each DUI conviction.

Federal Prosecutors Issue New Policies Regarding Credit for Cooperation of Criminal Defendants

Published on: September 12, 2008 | by Lasnetski Gihon Law

In the federal criminal system, when a person is arrested for a crime, or a corporation is being investigated for criminal conduct, credit for cooperating with the government can be obtained which can translate into a lower sentence. Federal law enforcement officials may ask a corporation’s representatives to cooperate by identifying wrongdoers in the corporation, identifying and producing relevant documents and/or testifying about corporate practices. However, when the request to cooperate is made by the federal prosecutors, it may infringe on a criminal defendant’s Constitutional rights, such as the right to confidential communications with his/her attorney.

Last month, the Department of Justice issued new policies regarding how federal prosecutors are to handle the balance between credit for cooperation and the privileged communications involving a corporation and its employees. The new policies indicate that the government will not base credit for cooperation on whether a corporation waives the attorney-client privilege (communications about the case between a client and the attorney) or the work product privilege (documents and information created in anticipation of preparing for and litigating the case). Rather, credit for cooperation will depend on the disclosure of facts. In other words, whether a corporation waives either privilege will not be the issue. Whether the corporation discloses the information sought, regardless of whether it is protected by the attorney client privilege or work product privilege, will determine whether credit is received.

It is helpful that the government is not specifically expecting and anticipating a suspect or defendant to waive his/her protected attorney-client and work product privileges when deciding if credit for cooperation is appropriate. However, in many cases, this may be a distinction without a difference, when the government is looking for information that falls within one or both of the privileges. Then, it will be up to the corporate representatives and the criminal defense attorney to decide whether waiving the privilege is in the best interests of the client(s). Additionally, it is important to note that the DOJ indicated there are two exceptions to this new policy, but those exceptions were not identified in the August 28, 2008 press release.

University Professor Arrested for Three DUI’s in Eight Days

Published on: September 10, 2008 | by Lasnetski Gihon Law

A university professor in Pennsylvania was arrested three separate times on DUI charges in a just over a week, according to an article on Foxnews.com. After the third DUI arrest, the prosecutor made a motion to revoke the professor’s bond, arguing that he was a danger to the community.

Clearly, if true, these DUI arrests indicate that this professor has some serious issues. However, I use the article to illustrate the DUI penalties in Florida for those convicted of multiple DUI’s within a certain period of time. Having a third DUI conviction within 10 years subjects a person to increased DUI penalties. For instance, a third DUI within 10 years raises the maximum potential fine from $2,500 to $5,000. There is mandatory jail time of 30 days, although more can be given. The period of license revocation is 10 years, although a person is eligible to apply for a hardship license after 2 years. Clearly, the penalties for DUI increase significantly as a person gets subsequent DUI convictions.

Can Jacksonville, Florida Police and Prosecutors Use Your GPS Device to Make an Arrest or Obtain a Conviction for a Crime?

Published on: September 8, 2008 | by Lasnetski Gihon Law

A recent trend in criminal prosecutions throughout the country illustrates that police and prosecutors are using GPS device information against criminal suspects and defendants to obtain arrest warrants and convictions. For example, earlier this year, prosecutors in Chicago used a criminal defendant’s GPS device to show that he was in the area when four of his family members were killed, according to an article on an Idaho online news website. The defendant was convicted of murder in that case. GPS devices are used in cars, trucks and cell phones to help people find a particular location. The GPS devices also maintain records as to where the device has been at a particular time. In certain cases, police and prosecutors have obtained the information from a suspect’s or criminal defendant’s GPS device to attempt to prove that the person was at a certain place at a certain time. This information can be helpful to police and prosecutors to try to show that a person was at or near the scene of a crime at a certain time or to attack a person’s alibi defense.

Of course, a criminal defense lawyer can also use a suspect’s or criminal defendant’s GPS information to show that his/her client was nowhere near the crime when it occurred or to otherwise support an alibi defense.

GPS devices are becoming increasingly popular as prices decrease. One study indicated that 20% of people in the U.S. own a portable GPS device. Semi trucks and other commercial vehicles routinely have some sort of GPS device. People need to understand that the information that is inputted into, and recorded on, a GPS device could later be used against them in court. While there are Fourth Amendment search and seizure issues that a criminal defense attorney can argue to suppress the GPS device evidence, the case law on the subject is scarce and the prevailing trend appears to be in favor of allowing the evidence into criminal (and civil) trials.

Are You at Risk of Getting a DUI in Jacksonville?

Published on: September 5, 2008 | by Lasnetski Gihon Law

How does a person determine if he or she has been drinking to the extent that he/she is above the legal blood alcohol limit of 0.08 in Florida and may be at risk of getting arrested for DUI? There are many factors that determine what one’s blood alcohol concentration (BAC) will be after a certain number of alcoholic drinks. Five people who drink the same amount of alcohol over the same period of time may have different blood alcohol level results due to the various factors that affect a person’s BAC.

To help people avoid a DUI charge, there are blood alcohol calculators that assess certain information, such as weight, gender, the number and type of alcoholic drinks a person has had and the time period of the drinking, and try to estimate a person’s BAC. One such DUI calculator can be found here. One obvious problem with something like this is accurately determining the quantity of drinks a person has had. For someone who has had mixed drinks, as opposed to 12 ounce beers, it is very difficult to tell how much alcohol was consumed. Other than that, these calculators are estimates and should not be definitively relied upon to drive after having consumed alcohol. They may, however, be helpful for educational purposes to help someone understand how the various factors affect a person’s BAC and get a rough idea of how many drinks it takes for a person to approach the 0.08 legal limit in Florida.

Conversations From the Duval County Jail Phone Can Be Used Against You in Court

Published on: September 3, 2008 | by Lasnetski Gihon Law

In Jacksonville, Florida when a person is arrested for a crime and taken to jail, he/she will have an opportunity to make a phone call from the Duval County Jail. However, every inmate in the Duval County Jail (as well as other jails and prisons) and everyone having a conversation with an inmate in jail need to be aware that the conversation will almost certainly be recorded and anything said during that phone call can be used against a criminal defendant in court.

This may seem obvious, but not everyone is aware of the fact that inmate calls from jail can be used as evidence in a criminal trial and/or sentencing hearing. For example, a guy who was convicted of a federal crime in Georgia actually used the phone in federal prison to try and commit mortgage fraud, according to an article on ajc.com. The federal inmate’s conversations from prison in which he tried to lure victims into a mortgage fraud scheme were recorded and used in federal criminal court to convict him of mortgage fraud and add a consecutive 10 years to his existing 20 year prison sentence. This is an extreme example of an inmate providing incriminating evidence to the government by way of a jail call, but the better general practice is to refrain from talking about your case over the phone in jail or prison.

Florida Drunken Boating, or BUI, Penalties May Increase

Published on: September 1, 2008 | by Lasnetski Gihon Law

Florida leads the country in the number of boating deaths after that number increased by 10% in the last year. As a result, the Florida Fish and Wildlife Commission (FWC) has asked Florida lawmakers to pass a law mandating education courses for all boaters. Currently, only boaters under the age of 21 must take mandatory boater education courses.

The Florida FWC is also asking Florida lawmakers to increase penalties for drunken boating, aka boating under the influence or BUI, to make those laws more consistent with DUI laws in Florida. At the next meeting in September, the FWC plans to discuss a proposal that would be submitted to the Florida legislature requesting the change in boating under the influence penalties. However, keep in mind that current BUI penalties carry significant penalties similar to the Florida DUI laws. Additionally, the boating under the influence of alcohol or drugs law pays special attention to offenders under 21 years of age. It is specifically against the law for anyone under 21 to operate a boat with any measurable blood or breath alcohol level, i.e. .02 or higher (the legal limit for people over 21 is .08). Penalties for this crime include community service, a mandatory boater education course and the temporary loss of the privilege to operate a boat.

Fifty-Six Florida Government Employees Arrested for Fraudulently Obtaining OxyContin

Published on: August 29, 2008 | by Lasnetski Gihon Law

Numerous arrests of government officials were made in Miami recently for allegedly obtaining the painkiller OxyContin from pharmacies with fraudulent prescriptions, according to an article on CNN.com. In addition to the Florida government officials, a doctor who was providing the unnecessary OxyContin prescriptions was also arrested. According to the article, about $400,000 worth of OxyContin pills were fraudulently obtained. The suspects are accused of using their health insurance information to obtain unnecessary OxyContin prescriptions from pharmacies with the help of a doctor who was involved in the scam and then selling the pills to people on the street. The article also indicates that some of the suspects sought reimbursement for the drugs from their insurance companies, which may have raised a red flag with the insurance companies and created a paper trail to help track down the suspects.

The abuse of prescription medications such as OxyContin, Vicodin, Percocet, Xanax and others has increased significantly over the last several years. With the increase in Internet pharmacies, many of which do not require a legitimate doctor’s prescription before they will sell prescription drugs, access to these drugs is much easier than ever before. Apparently, according to this article, illegally obtaining prescription drugs the more traditional way, i.e. by going to a pharmacy with fake or unnecessary prescriptions, is still occurring as well.

Are DNA Profile Matches as Reliable as the Government Suggests?

Published on: August 28, 2008 | by Lasnetski Gihon Law

In a criminal case, when the police or prosecutors indicate that they have a DNA profile match between evidence at the crime scene and the suspect or defendant, they suggest that this evidence conclusively establishes a connection between the suspect or defendant and the crime scene. In a criminal trial, the prosecutor might tell the jury that the DNA profile match is clearly proof beyond a reasonable doubt, throwing out statistics like a one in a billion chance the DNA could match someone other than the defendant. And jurors, who watch television shows that briefly and incompetently discuss DNA issues, typically believe in the strength and credibility of DNA evidence.

However, studies by DNA analysts indicate that DNA profile matches are not as conclusive as prosecutors would have everyone believe. There are 13 locations, or loci, on a chromosome that can be matched. The FBI says that when there is a DNA match of 9 of the 13 loci, the chances are 1 in 113,000,000,000 that the match is unreliable, or that the crime scene DNA might match someone other than the suspect (with the exception of relatives). If these odds are considered credible, it is compelling, if not irrefutable, evidence of guilt to a jury. However, DNA analysts have examined various state DNA databases and found many more profile matches than the 1 in 113,000,000,000 claim would suggest possible.

In Arizona, a DNA analyst was reviewing the state database and found two individuals whose chromosomes matched at 9 of 13 loci, according to an article at Sfgate.com. The FBI, of course, says the odds of this occurring are 1 in 113,000,000,000. In other words, it is practically impossible. The analysts continued her research and found dozens of similar DNA profile matches.