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Criminal Law

Florida Criminal Law Blog

Covers criminal cases in the Pensacola area, including those of the author, offering commentary and opinion.
By M. James Jenkins, Esq.

Post Frequency: 0.1/day

Last Entry: December 23, 2010 at 06:50:45

Search and Seizure at Airports - Pensacola, Florida, National

Posted on December 23, 2010
The Florida First District Court of Appeals on Tuesday, December 21, 2010 gave us some insight as to their interpretation of the Transportation Security Administration's (TSA) authority to search our luggage at airports in Florida. (Higerd v. State, 1st District...

Federal Court Rules Emails Protected Under 4th Amendment

Posted on December 16, 2010
On December 14, 2010, in United States v. Warshak, the Sixth Circuit U.S. Court of Appeals held that government agents violated the defendant?s Fourth Amendment rights when they seized his stored emails without a warrant, pursuant to an outdated law,...

Florida Search And Search Law -- Automobile

Posted on December 11, 2010
In a very recent Florida appellate case, a line was drawn between when a citizen suspected of possession of controlled substance is merely cooperating with law enforcement or if he or she becomes a agent of law enforcement that could...

Florida Residential Search and Seizures

Posted on December 05, 2010
This article will briefly touch upon when a law enforcement officer, when placing someone under arrest, either inside their home or close to their home, may do what's called a "protective sweep," a term of art used in criminal law...

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Being the Best Trial Lawyer You Can Be

Posted on September 06, 2010
On August 31, 2010, while on the airplane returning from the week long ?interactive? training I generally attend every year in Dubois, Wyoming at the Trial Lawyers College, the thought that weighs heavy on my mind is how do I...

Being the Best Trial Lawyer You Can Be - Florida or Anywhere

Doctor Shopping in Florida---2009 Legislation

Posted on June 29, 2010
Last year, in an effort to limit the number of people who go to multiple doctors to obtain prescriptions for the same type of pain medication, the Florida legislature enacted a new law that make is a felony for a...

Doctor Shopping in Florida - a law now being enforced

Posted on June 29, 2010
See � 893.13(7)(a)8, Fla. Stat. (2003) ("It is unlawful for any person ... [t]o withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days...

Florida Sexual Offenses

Posted on June 27, 2010
Similar fact evidence is offered in a lot of sex cases in Florida and, of course, is most times, horribly damning to our clients. In Florida we have statutory, Fla. Stat. 90.404(2), and case law, Williams v. State, 110 So....

Importance of an Effective Opening Statement in Florida State Court

Posted on February 21, 2010
In State Court in Florida the rules allow for waiving or preserving your opening statement in a criminal trial. Also, in Florida, a lawyer can only tell the jury in opening statement, contrary to what most television legal dramas present,...

Doctors and the Oxycontin and Hydrocodone crisis in Pensacola, Florida and our Nation

Posted on January 05, 2010
Oxycontin abuse and disribution has become of epidemic proportions, not only in the Pensacola and Northwest Florida area, but Florida as a whole as well as in most places in the nation. Oxycontin is in the class of drugs called...

Doctors and the Oxycontin crisis in Pensacola, Florida and our Nation

Posted on January 05, 2010
Oxycontin abuse and distribution has become of epidemic proportions, not only in the Pensacola and Northwest Florida area, but Florida as a whole as well as in most places in the nation. Oxycontin is in the class of drugs...

Fundamental Fairness at Trial - Juror Intimidation

Posted on December 06, 2009
Courtrooms in Pensacola, the State of Florida, as well as all state and federal courts throughout the nation, are open to the public. In other words, anyone can go the Courthouse in Pensacola, Tallahassee, Miami, Los Angeles or anywhere else...

Plea Deal Reneged -- Roman Polanski

Posted on November 27, 2009
News coverage of the Roman Polanski arrest as he attempted to enter Switzerland to attend the Zurich Film Festival to receive an award in September of 2009 has been extensive. The case involves Mr. Polanski, when he was 43 years...

The Risks of Narcotics Dealing

Posted on October 10, 2009
In Pensacola and Florida, as well as throughout the entire country, we often hear stories in the news media about people?s homes being searched by law enforcement who discover all types of incriminating evidence. The majority of these stories, but...

Reasonable Expectation of Privacy at Police Stations

Posted on August 24, 2009
A corollary issue to the blog written below, "Recording Telephone Conversations and Communications in Florida," about the recording of telephone conversations is a person's reasonable expectations of privacy in police stations and in the back of police squad cars...

Feds Investigating Powerful Congressman for Corruption

Posted on August 10, 2009
In Pensacola recently I sat down with two responsible Associated Press journalists writing a story on the developing criminal investigation by the Justice Department involving two long time powerful Congressman Reps. John Murtha, D-Pa. and Pete Visclosky, D-Ind...

Controlled Substances-Simple Possession can be Trafficking

Posted on July 04, 2009
In the State of Florida, Pensacola all the way down to Miami, the mere possession of certain controlled substances , even in very small amounts can carry trafficking minimum mandatory prison sentences. This brief articles addresses the tremendously horrendous...

Recording Telephone Conversations in Florida

Posted on May 30, 2009
Many Florida and Pensacola lawyers are asked about whether it is illegal to record telephone calls. Florida Statute section 934 governs the recording of electronic communications in Florida. It?s extremely important to seek legal advice from an attorney if you...

Recording Telephone Conversations and Communications in Florida

Client's Testimonial on Pensacola Criminal Defense Attorney Jim Jenkins

Posted on April 19, 2009
Potential Client, If you're reading this, you may be in the very difficult position of having to secure legal representation for yourself. I do not envy you. I, myself was in the same position approximately a year ago. The road...

Pensacola Man Recieves Below the Guidelines Sentence in Federal District Court for Possession of Child Pornography

Posted on April 11, 2009
A Pensacola Criminal Defense Attorney walked out of the Federal District Courtroom in Pensacola on Good Friday relieved, joyful for his client and with a sense that a reasonable, federal sentence had been imposed in his client's case by a...

Pensacola Police Knock Down Door Over $1100

Posted on April 03, 2009
The Pensacola New Journal reported on a story yesterday that, based on what was reported, concerns me as a criminal defense attorney who practices criminal law primarily in Pensacola. My comment here has nothing to do with the sinister...

Being an Effective Advocate for Your Clients - Part III

Posted on March 22, 2009
What can do to more effectively assist our clients in navigating the treacherous waters of the justice system and all of the personality types of the people within it? In my experience, generally I have found it extremely beneficial not...

Being an Effective Advociate for your Client - Part II

Posted on March 21, 2009
Learning Why Some People Need or Want Power Abraham Lincoln once said: ?Nearly all men can stand adversity, but if you want to test a man?s character, give him power." The phenomenon called ?power? changes most human beings lives and...

Being an Effecitve Advocate for Your Client - Part I

Posted on March 15, 2009
People in Positions of Authority Certainly prosecutors are in a ?position of authority? as are many of us in some form or fashion. Being a former prosecutor for a few years I can still remember how it felt to be...

Neglect of the Elderly

Posted on March 07, 2009
I recently resolved a case in Pensacola where my client had been charged under Florida Statute 825.102(3) with ?neglecting or abusing an elderly person,? a third degree felony, by failing to timely pay her mother?s nursing home bill. Although it...

Committing a Life Felony without Leaving Home

Posted on February 07, 2009
The internet has improved our lives in many ways. We can now chat with people all over the world, have information at our fingertips better than any encyclopedia sold in days gone by could provide, arrange travel ourselves, etc. ?...

How Do I Pick an Attorney?

Posted on October 12, 2008
When John's Mother learned he was arrested and placed in jail on a $100,000 bond she didn't know what to do. She had never had any dealings with an attorney before in her life and neither had John who had...

Ray Guhn Prosecution in Pensacola

Posted on June 30, 2008
In Santa Rosa County last week four individuals from Escambia and Santa Rosa County entered pleas relating to state court charges of RICO, Florida Statute 895.03, which basically means ?running a criminal enterprise by a pattern of criminal incidents...

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