Jacksonville Criminal Attorney Blog

Gary Coleman, the child actor who appeared on the TV show Diff'rent Strokes, has been arrested on a domestic battery warrant. Allegedly, Coleman did not appear in court on his scheduled court date.

If you are arrested in Jacksonville and fail to appear in court, a judge will issue a "capias". This is a bench warrant where the judge tells JSO to bring you before him or her. A capias in Jacksonville will usually have a bond attached to it. That means once you are arrested on the capias, the only way you can get out of jail is to pay that bond. Sometimes, judges issue a "no bond" capias. This means you will not be able to bond out of jail and will not get out until your case is disposed of.

If you find out you have an outstanding capias, call a Jacksonville Capias Lawyer right away. A Jacksonville criminal attorney can possibly get you on the judge's calendar without you having to turn yourself in to jail.

In a case recently in Florida, the police were called out to an apartment complex on an anonymous complaint of drug activity. The caller told police that there was heavy traffic coming from one apartment in particular and that was because the occupant was selling drugs. Police went to the apartment and the door was open. The defendant was in the kitchen wiping his counter with a paper towel. The police saw a digital scale on the counter with a white powder substance and straw on it. The police then entered the apartment and detained the defendant. They found 2 bags of cocaine in the defendant's pants and arrested him for possession of cocaine.

The defendant's criminal lawyer argued that the court should suppress the drugs because it was a warrantless search of a home. According to Florida law, drugs can be seized from a home without a warrant if the police see the drugs from a place where they have a right to be, the officer knows the drugs are illegal, AND the officer has the right to access the drugs.

The appellate court in this case found that the search was illegal and ordered the lower court to reverse the conviction for possession of cocaine. The court found that there was no evidence that the defendant even knew the police were in his doorway and that the police did not know what he was wiping on his counter. (they couldn't tell it was, in fact, illegal drugs)

In Jacksonville, if you are arrested, a police officer can search your person and the area immediately around you. An officer can do this to:

Protect him or her from attack.

Prevent the suspect from escaping.

If the police surrounded a house and ordered you out, once you are detained, they may do a "protective sweep". This sweep is supposed to protect the police and can be conducted only when the officer has a reasonable belief, based on specific facts, that the area to be swept has someone posing a danger to others at the scene. The police can't take any longer than is necessary to dispel the suspicion of danger because it is a warrantless search. The only purpose of the sweep is to find other people involved. Often, the police will claim to do a sweep, but are looking for evidence of the crime.

If you have been arrested and evidence was found as a result of an alleged "protective sweep", a criminal lawyer in Jacksonville will look into the facts and circumstances to make sure proper procedure was followed.

In Jacksonville and all of Florida, in order to get a search warrant, the police need to sign a sworn affidavit. The affidavit has to establish a substantial basis establishing probable cause that illegal activities are taking place in a location. There has to be a fair probability illegal substances, such as drugs, or evidence of a crime will be found in the place to be searched.

For example, when drugs are found in a house as a result of a search warrant in Jacksonville, people in the house are arrested on drug charges. A Jacksonville Criminal Defense Lawyer can file a Motion to Quash the Search Warrant if he or she believes that the warrant was not supported by facts establishing probable cause to believe drugs would be found in the house.

A warrant is a piece of paper signed by a Jacksonville judge that directs the police to make an arrest, search somewhere, or seize property. The warrant has to:

1. Be in writing and in the name of the State of Florida

2. Outline the nature of the crime police say was committed

3. Demand that the person be arrested and brought before a judge

4. Specify the name of the person, or if the name is not known, describe the person

5. Specify a date and county where the warrant is to be issued

6. Signed by a Jacksonville judge

7. Set a bond for any crimes that allow a bond.

In order for JSO to get an arrest warrant, they have to have probable cause to believe someone broke the law, present their sworn findings to a judge, and have a judge sign the warrant.

According to Jacksonville.com, Jacksonville has almost 20,000 active warrants. That means the police can't find the person or have not tried to look. JSO will often serve warrants when it is raining or a slow day at the office.

If you have any questions about a warrant, call our Jacksonville Criminal Attorneys at (904) 634-0900.