First Time Offender Archives - Page 2 of 2 - The Law Offices of Travis Koon, PLLC

Talking About Your Case On Social Media

Posted by | Attorney, Criminal Defense | No Comments

If you have an open case, stop posting to social media.

Please believe me when I tell you this… posting on social media will harm your case!  If you are arrested and waiting trial, stop posting on all social media sites.  Never, never, never post anything about your case; I recommend you stop posting all together.

Even if you think you are saying something completely irrelevant, the prosecuting attorneys are watching your sites closely to find anything they can use against you; a picture of you with a drink, a picture of you with a friend, a comment on someone else’s photo… they will find it all.

If you have an open case, stop posting to social media.

Don’t kid yourself into thinking that only your friends will see these posts, nothing is private on social media; the entire reason for social media is to share information.  Several courts have ruled that even though the privacy settings are on, social media postings are not private.  Facebook and Twitter even warn users of this in their privacy policies.

Let’s say you are fighting a DUI case, and on your Facebook page there was a picture, taken years ago, of you holding a drink… maybe it’s a good picture and you decide to change it to your profile picture.  The attorney for the other side may see you holding the drink and now he will ask the judge for full access to all you social media accounts.

“A survey of over 1,200 police agencies around the country showed that a whopping 80 percent of officials said they’ve used social media to collect evidence in criminal cases––the majority of which indicating that the information they find there helps them solve crimes faster than they would otherwise.”[1]

Some information that can be obtained from social media is:

  • Background information, witnesses and suspects
  • What the suspect was doing in the weeks, days, or hours before the incident
  • A possible location of a suspect
  • Incriminating photos
  • Information that may support the argument that your actions were planned or thought about prior to the incident
  • Posts or pictures that may incriminate you in a more serious crime or illegal activity

Something so little can have huge ramifications on your case.

If you have an open case, stop posting to social media.

Some real-world universal laws also hold true in social media.  If you post something that may be damaging to your case and then delete it, you can be charged with destruction of evidence, this is a serious charge.

In the case Lester v. Allied Concrete Co., it was argued that Lester and his attorney had removed evidence from Facebook that showed his prior use of anti-depressants and his medical history.  The court granted a warrant for Facebook to release all information, and a complete search was done of Lester’s Facebook account.  A 32-page report was written and presented to the courts.  Imagine a detailed account of everything you have ever put on social media.

So I say to you one last time… If you have an open case, stop posting to social media.

If you need a Florida attorney, call us at The Law Office of Travis Koon.  We deal with criminal defense cases all throughout Florida with offices in Lake City, Gainesville and Miami, and may be able to help you with yours.

[1] http://stangllaw.com/facebook-posts-can-hurt-criminal-case-wisconsin/

Self Defense

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It seems to be a universally accepted fact that a person has the right to defend themselves against the perceived threat of bodily harm or death, even when the force used in defense would normally considered to be crime to do so.

Many laws vary from state to state, this article is giving a general overview, and an attorney should always be consulted in any legal issue.

Findlaw defines the argument of self-defense as:  “The right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence”.  [1]

This may seem like a straight-forward means of defense, but it rarely is.  There are many questions that surround this definition and need to be answered in each case.  What is considered a sufficient level of force?  At what point has the perceived victim gone beyond that point?  Could and/or should the person first attempted to retreat?  What if the victim provoked the attack?  What if the threat wasn’t really there?  This defense is more complicated that it seems on the surface.

The use of self-defense must be similar to the level of threat in question.  In other words, a person can only use as much force as needed to stop or remove the threat.  A victim cannot kill a person for slapping them across the face.

Self-defense justifies the use of force when it is used in response to an immediate threat, but one must stop using force once the threat has ended.  Any use of force by the victim after this point is considered to be retaliation and not self-defense.

Some states say the victim should first make an attempt to avoid the violence before using forces, but many have removed this clause and the “stand your ground” defense can be used.

The state of Florida condones the stand your ground defense and can be found in statute 776.012, which states:

…a person who uses or threatens to use force in accordance with this subsection does not have the duty to retreat before using or threating to use such force.

A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm…[2]

As stated earlier, the laws have many interpretations to each person and each situation, and an attorney should always be consulted when a person is being charged with a crime.  The Law Offices of Travis Koon are Florida attorneys that understand the ins and outs of Florida law, with offices located in Lake City, Miami, and Gainesville.  Call us today if you need legal consultation or have questions regarding your case.

[1] http://criminal.findlaw.com/criminal-law-basics/self-defense-overview.html

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

Miranda Rights

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Seizure | No Comments
DUI

Miranda Rights

If you ever watched a movie or TV show that showed an arrest, you have heard the Miranda Rights being read.  We all know the basics of it, but let’s look at this warning a little more, and dispel some of the misconceptions.

 

The Miranda Warning is simply and explanation of the person’s rights that are given before any interrogation can begin.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

If a person does not understand these rights, then it is best to speak up and say so, have it explained.  But once it is understood, my best advice is to politely stop talking.  Do not explain anything or make any remarks that may be used against you.  Stop talking and call an attorney.

 

In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman, he had a prior record as being a peeping tom.  He confessed to the crime but soon recanted saying he was forced and coerced into confessing.  He was found guilty, but the ACLU picked up his case and appealed it.  In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated.  The Fifth Amendment to the United States Constitution covers several issues, which include the right to due process, double jeopardy, but significant to this case because it protects the individuals from self-incrimination.  Miranda was re-tried and once again found guilty – but the Miranda Rights were born.

 

An arrest can occur without the suspect being Mirandized, if the police later decide to question the suspect, the rights will be read at that time.  A person may still be asked common information such as name and age, and can be searched, for the safety of the officer. 

 

It is a myth that if a person is not read their rights that they will not be found guilty of any charges.  It only means that the self-incrementing confession may not be used against them; it has nothing to do with protecting them against the punishment as a whole.

 

If you are arrested and read these rights, please take the advice and do not say anymore.  Call us immediately at The Law Offices of Travis Koon.  We are criminal defense attorneys in Florida and can speak with you about your case.  We are located throughout Florida with offices in Miami, Lake City, and Gainesville.  Before you tell your side of the story, always call and attorney and tell it to us first.  We are here to help you through this trying time.

DUI

Arrested? 4th Amendment Illegal Search and Seizure

Posted by | Criminal Defense, Drug Crimes, DUI | No Comments

The 4th Amendment-Illegal Search & Seizures

On September 25, 1789 the First Congress of the United States proposed 12 amendments to the Constitution. On December 15, 1791 10 amendments were ratified and constitute the first 10 amendments, or the Bill of Rights.
The 4th Amendment to the US Constitution protects against unwarranted searches and seizures. It states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmations, and particularly describing the place to be searched, and the persons or things to be seized.

This amendment protects against arbitrary arrest, and is the basis of laws regarding search warrants, being stopped and frisked, and even wires taps and other forms of surveillance; as well as other privacy laws. It was originally thought of as the notion that ‘each man’s home is his castle’ and protected him and his information while in the home, but today it is also expanded upon to protect a person’s privacy even while in public.
There are arguments for and against the idea that the US Constitution is a ‘living and breathing’ document. The proponents for this idea believe that the US Constitution needs to be interpreted in the modern societal text, while the opponents believe that it is a distinct set of rights that is the cornerstone of our society and shouldn’t continually be changed.
According to West’s Florida Practice Series TM, in order for a search to fall within the coverage of the Fourth Amendment, “a governmental search must either intrude upon an individual’s ‘reasonable expectation of privacy’ or amount to trespass upon an individual’s person, house, papers, or effects in an attempt to find something or obtain information’.
It is the reasonable expectation of privacy that the Court handed down a landmark decision in Katz v. United States in 1967 that the Fourth Amendments protects people, not places. Katz was accused of placing bets and receiving wagering information by telephone, he used a public telephone booth to make interstate wages. FBI agents placed a wiretap outside of the telephone booth and could hear his side of the conversations. Katz argued that this violated his rights because he had the reasonable expectation of privacy, even while in public. It is a value judgment ‘as to the extent to which a free and open society will permit governmental intrusion upon personal privacy in order to facilitate other societal objectives such as effective enforcement of criminal laws’.

Justice Stewart’s assessment was that the Fourth Amendment “protects people, not places” shows the fine line that is walked by law enforcement daily.
Moving forward to 2014, but still using the same example of obtaining information from telephones, Riley, in Riley v. California, was stopped on a traffic violation. While searching him incident to the arrest, the police officer seized a cell phone from his pants pocket and eventually accessed photos and videos that seemed to be in connection with a shooting that occurred weeks earlier. Riley’s motion to suppress was denied. This was eventually reversed when it was decided that police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.
With ever-changing technology, the laws are constantly being revised to take this into account. No one should have to attempt to maneuver the court systems alone. Hiring a top criminal defense attorney such as The Law Offices of Travis Koon is in the best interest of the charged individual. We will fight for the rights of our clients.

Young woman pulled over by cop for DUI

DWLS Attorney

Posted by | Criminal Defense, DUI | No Comments

Have you or a loved one had your license suspended? In many circumstances, the individual never knows that the Department of Highway and Safety Motor Vehicles suspended their license. Have you been pulled over by a police officer and arrested for Driving While License suspended pursuant to Fl. Stat. 322.34? If that person is charged criminally, that individual will face up to one year in the county jail and a $1,000 fine. If that person is arrested for Driving While License suspended 3 times within a 5 year period that person will be deemed a Habitual Traffic Offender and subject to a five year Florida Driver License revocation.

I have provided the link so that you can look up a Florida Driver License to see if it is valid.

Attorney [contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Website’ type=’url’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form] Travis Koon
352-729-1211 Office/Cell
386-597-0000 Office/Cell
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Lake City, Florida
Criminal Defense Attorney
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