What is Probable Cause? “Probable Cause” is the standard used to determine whether or not there is sufficient reason to make an arrest.  In the case of Bryant v. State,  the Second District Court of Appeals described probable cause, as follows: “Probable cause for an arrest has been defined to be a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty. * * * It is not necessary for the officer to see and know that the law is being violated. Nor is it necessary for him to satisfy him ..read more

What is Abuse of Process? Abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed.  In the case of Cline v. Flagler Sales Corporation, Cline purchased what was described as a chattel (possibly an appliance) from Flagler Sales Corporation and executed a retail installment contract.  Flagler hired someone to collect the installment payments that were not made.  Meanwhile, Cline returned the chattel which was accepted.  However, the collector filed criminal charges against her under F ..read more

What is probable cause? When a police officer conducts an arrest, probable cause is the standard used to justify a search by police.  It simply is the legal basis upon which a legal search by a policeman or police agency can be based.  The Fourth Amendment to the United States Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. How does a warrant get issued ..read more

In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property.  There is no distinction in terms of the act of theft between criminal and civil theft.  However, the consequences are different and the proof required is also different. 772.11 Civil remedy for theft or exploitation.— (1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012–812.037 or s. 825.103(1) has a c ..read more

Seeing the flashing lights and hearing the siren of a police car behind you while on the road is always scary.  In the best cases, these traffic stops are very brief and only involve a short conversation.  In other instances, though, the stop may become much more serious, and the officer may at some point tell the driver they want to search the vehicle.  If you find yourself in this situation, it is critical that you know what to do and that you understand how to protect your rights.  Your Jacksonville criminal defense lawyer can assist you with any illegal search and seizu ..read more

Police frequently conduct searches of individuals based on a reasonable suspicion.  A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had committed a crime or was in the process of committing one, or was about to commit one.  Where the officer believes that a crime may have been committed or is about to be committed, he or she may make a temporary detention of the suspect and may proceed to pat ..read more

            The criminal offense of driving under the influence (DUI) seems straightforward but is much more complex than people first think.  It can be found at Florida statute §316.193.  All drivers within the state of Florida should know about the state’s DUI laws, and what they entail, so they do not find themselves facing charges.  If you have been charged with a DUI, your Jacksonville criminal attorney can assist you with getting the best result out of a bad situation.              DU ..read more

In the state of Florida, a person who has any alcohol in his or her body is prohibited from being in physical control of a motor vehicle.  F.S. 322.62.  The penalties for violation of this law result in being placed out of service immediately for a twenty four hour period.  If one has a blood alcohol level of .04 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of .04 grams of alcohol per 210 liters of breath, he or she is exposed to additional penalties that are enumerated in F.S. 322.61.  The ramifications could result in adverse effects on ..read more

In Florida, someone who has been convicted of a crime can consider appealing a conviction to obtain relief from the conviction and sentence.  The criminal court system allows appeal.  However, most lower court decisions are upheld.  Therefore, attempting to appeal a case may be a significant challenge.  Some appeals are a matter of right and some are discretionary on the part of the appellate court.  Generally, the party the files the appeal attempts to show a material error on the part of the trial court. What Type of Error is Substantial? The appellate courts disting ..read more

What is Mens Rea?  Mens Rea is the mental element of an individual’s intent to commit a crime.  It can also be expressed as the knowledge that a particular act would result in a crime being committed. Why is Mens Rea significant if I have been accused of a crime ..read more