We are getting into the holiday spirit early this year and we hope you will do the same. Now through Monday, December 16, 2019, Luke Law is accepting donations for Toys for Tots. If you find yourself in the giving spirit, please stop by our office at 1405 Kingsley Avenue in Orange Park and drop …
Starting July 1, 2019, texting while driving will become a primary traffic offense in Florida. This means law enforcement can stop a driver for this and this alone. As a legal practitioner, I want to warn people that law enforcement uses traffic stops for much more than just issuing tickets and this new law gives …
Each year at this time, Luke Law gives its support staff the time they deserve to be with their families and loved ones. This year, the staff will be off starting Thursday, December 21, 2018 and returning on Monday, January 7, 2019. During this time, the office will not be accepting any walk-ins. Your attorney …
The Supreme Court of Florida has changed the law regarding the use of a weapon during the commission of a felony. Using a weapon during the commission of a felony is an aggravating factor; the State Attorney has the ability to increase the severity of the charges against you. This is called reclassification and it …
Since 2013, the standard for evaluating the admissibility of expert witness testimony in Florida has been in flux. Prior to 2013, the long-standing standard in Florida was known as the Frye Standard, so named after Frye v. United States, 293 F. 1013 (D.C. 1923). In 2013, the legislature tried to adopt what is known as …
Expecting an Expert? First Frye, then Daubert, Now Back to Frye.Read More »
This week, recreational marijuana became legal throughout the entire county of Canada. Adults can now buy up to thirty (30) grams a day. There are also eight states in the U.S. that have legal marijuana for recreational purposes. Not the case here in Florida however. While some Floridians do have access to marijuana for medical …
A guide to understanding the sentencing process: When one choses to plead to criminal charges, there are several terms that officers of the court (judges & attorneys) use in the execution and imposition of the sentence. If you are unfamiliar with them, it can be very confusing. My hope, is that this legal guide will …
I Just Pled to the Charge, Now What is Happening?Read More »
The impact of Miranda on a DUI investigation. Miranda rights were established in 1966 in the Supreme Court of the United States case of Miranda v. Arizona, 384 U.S. 436 (1966). In this landmark case the Court concluded that criminal suspects have the right to remain silent and the right to any attorney when being …
I wasn’t read my rights, will my DUI get dismissed?Read More »
I recently saw this question posted on a local website and thought it would be a good subject for this week’s contribution. In Florida, you can indeed get a DUI even if you weren’t found driving. In this post I am just going to address one of the elements of a DUI. The first element …
If you have a security clearance and get arrested for Driving under the Influence (“DUI”), it won’t take you long before you start wondering if you have just jeopardized your livelihood by getting arrested, particularly if there is reason to believe you are guilty. In short, you need to know how a DUI arrest or …