As most people already know, marijuana was legalized in Colorado. This has led to a new market for marijuana products. This includes marijuana edibles, such as candy. Possession of marijuana is still a crime in Florida. If you are in possession of cannabis in Florida, you may be charged with a misdemeanor or felony, depending on the amount. If you are in possession of marijuana edibles, you may still be charged with the crime.

ATB Police Find Marijuana Candy

Last week, “an Atlantic Beach man was arrested after a traffic stop unearthed a large amount of various drugs in his vehicle.” Among other illegal substances, police found what appeared to be candy made from marijuana. With Halloween around the corner, this causes concern for parents in Atlantic Beach and Jacksonville FL.

First Coast News of Jax released the following factual information describing the traffic stop and vehicle search:

Man arrested in Atlantic Beach for pot candy. What charges will he be facing?

“An Atlantic Beach police officer witnessed a man run a red light on Mayport Road just after 9:30 p.m. and pulled David Haddad, 33, over. During the traffic stop, the officer reported Haddad stared at him blankly and sweating heavily. It took Haddad some time to find his license after the officer asked for it, and Haddad failed to find his insurance or registration. The officer asked Haddad to wait and went back to his cruiser, the arrest report said. The officer radioed for backup and ran Haddad’s information, learning that the suspect had been previously arrested five times for drug-related offenses. The officer then asked for a K9 unit as well…. Haddad denied consent for a search of his vehicle when the K9 unit showed up, but officers had the police dog conduct an open-air sniff near the vehicle.”

After the search, Atlantic Beach police officers found the following items:

1.  “A large bag containing 26 smaller bags filled with ‘Shatter Gummies’ each containing 75 mg THC each;
2. One gram of marijuana in a cigarette wrapping;
3. Five small, separately packaged plastic bags containing a total of 6.1 grams of cocaine;
4. A wax paper covered in a sticky/brown substance that smelled of marijuana;
5. 6 grams of separately packaged ‘Chocolate Peanut Butter Darkness’ containing 100 mg THC each;
6. A large clear back containing 437.12 grams of illegal mushrooms;
7. Small candies in the bottom of a backpack weighing 239.5 grams;
8. A total of 219.4 grams of marijuana lollipops;
9. Another bag of cocaine weighing 1 gram;
10. A strip of plastic with small white sheets – LSD – weighing 1.462 grams;
11. A metal pipe in two pieces.”

According to the Jacksonville Sheriff’s Office, Haddad was booked at the Duval County Jail on the following drug charges:

1.  Felony possession of paraphernalia for the manufacture or delivery of drugs, a violation of Florida Statute Section 893.147(2);
2.  Felony possession of marijuana with the intent to sell, manufacture, or deliver within 1,000 feet of a place of worship, a violation of Florida Statute Section 893.13(1)(E)(2);
3.  Misdemeanor possession of drug paraphernalia, a violation of Florida Statute Section 893.147(1);
4.  Felony possession of cocaine with the intent to sell, manufacture, or deliver within 1,000 feet of a place of worship, a violation of Florida Statute Section 893.13(1)(E)(1);
5.  Felony possession of a schedule I, III, or IV Hallucinogen with the intent to sell, manufacture, or deliver within 1,000 feet of a place of worship, a violation of Florida Statute Section 893.13(1)(E)(2).
6.  Felony trafficking in lysergic acid diethylamide (LSD) of 1 gram or more, a violation of Florida Statute Section 893.135(1)(L)(1).

Haddad is currently being held at the Duval County Jail on a bond of $245,018. Police claim that Haddad “denied owning the backpack and said the candies were given to him by a stripper. He denied knowing what the items police found in the backpack were…. they also confiscated $416 in cash from him.”

Possible 4th Amendment Violation While Detaining and Searching Vehicle

Based on the charges and the fact that Haddad appears to have a significant criminal record (according to the article), Haddad is likely facing time in the Florida State Prison. His Jacksonville criminal lawyer will look into all of his possible defenses. As a Jacksonville criminal attorney, the vehicle search stands out to me. I do not have all of the facts. I only have an article, but I believe that it is certainly worth looking into. I would like to know how long Haddad was detained prior to the drug dogs arriving at the scene. He was only being detained for minor traffic violations. He should not have needed to remain at the scene any longer than it takes to address theses issues. If he was, his right against unlawful searches and seizures may have been violated. If this is the case, he may have a successful motion to suppress the drugs that were found as a result of the violation. This is something that his Jacksonville lawyer will likely investigate further in discovery and depositions.

How to Measure Weight of Marijuana Edibles

As for the marijuana candy, there is something that I should note. While it may not apply in Haddad’s case, it could apply in other Jacksonville cases involving marijuana arrests for edibles. As I stated above, when it comes to Florida possession of marijuana charges, you may be charged with a felony or misdemeanor depending on the amount. If you are in possession of less than 20 grams of cannabis, this is a misdemeanor. If you have 20 grams or more of marijuana, this is a felony. You may charged under the Florida cannabis trafficking law if you possess more than 25 pounds of marijuana. Trafficking in marijuana carries a minimum mandatory sentence. Let’s say that you have 30 pounds in marijuana edibles, such as pot brownies. You may not fulfill the criteria needed for trafficking in marijuana. The reason for this is because there are other ingredients in pot brownies used to achieve the weight. The marijuana used is less than 25 pounds, which is the trafficking threshold.

For instance, a south Florida man was arrested for trafficking marijuana due the fact that police found 437 “Wake Bake Crispy Treats” in his house. While the baked treats weighed more than 25 pounds, the cannabis “was minimal compared to the other ingredients of cereal, butter, marshmallows and sugar…. The pot fell far below the 25-pound mark needed to support a felony charge of marijuana trafficking.” (Miami Herald) Albert Duran still faced other Florida drug charges for “possession of marijuana with intent to sell, possession of drug paraphernalia and maintaining a home with intent to manufacture narcotics.” It appears that he entered a plea or guilty or no contest to two felony drug possession counts and a misdemeanor possession of drug paraphernalia count.

A denial of your motion is like a rejection of your request. Can a court reject your request to seal or expunge your FL record? Yes, but with limits.

Florida law permits defendants to seal or expunge their criminal records.   If you want to seal or expunge your Florida record, you must meet certain eligibility requirements. Not everyone qualifies for a record seal or expunction. If you want to expunge your Florida criminal record, there is a list of requirements that you must meet. The requirements are set forth in Section 943.0585 of the Florida Statutes. If you do not meet the requirements for a record expunction, you may be able to seal your Florida criminal record pursuant to Section 943.059.  While these two laws are very similar to one another, Section 943.059 allows a person to seal his or her record, even if he or she has pleaded guilty or no contest to the charge.

If you do fulfill the requirements of Florida Statute Section 943.0585 to expunge your record or Section 943.059 to seal your record, this does not guarantee that you will be able to do so. The law makes it clear that a person does not have an absolute right to seal or expunge his or her record in Florida. In fact, Section 943.0585 specifically states, “This section does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Section 943.059 reads similarly, “This section does not confer any right to the sealing of any criminal history record, and any request for sealing a criminal history record may be denied at the sole discretion of the court.” This does not mean that the court has the right to deny a petition to seal or expunge a Florida criminal record for just any reason.

For example, if your Jacksonville criminal attorney has petitioned the court to expunge your record, there may be an instance when a hearing is required. After listening to your lawyer’s position along with the state attorney’s argument, the court will make a ruling. The court will decide whether or not to grant or deny your motion to expunge the record. If the court denies your motion, it must do so within the confines of the law. Your Jacksonville criminal lawyer will be in a better position to explain this to you and prepare you for the hearing.

There have been several Florida appellate cases in which an appeals court reversed the lower court’s denial of a petition to seal or expunge a criminal record. In some of these cases, the court denied the petitioner’s motion without a valid reason. Here is a case from 2012 that serves as a good example.  In Shanks v. State, the First District Court of Appeals reversed the lower court’s decision to deny Shank’s petition to seal his criminal history. It is important to note that the First DCA is the appeals court for the Jacksonville area, including Duval, Nassau, and Clay County FL. The facts of Shanks v. State are as follows:

“Mr. Shanks had entered a plea of nolo contendere to a charge of possession of cocaine, in violation of section 893.13(6)(a), Florida Statutes (2009). The trial court withheld adjudication of guilt and sentenced him to twelve months’ drug offender probation with the special condition that he complete a six-month recovery program. Upon request of his probation officer, Mr. Shanks’ probation was terminated early. He then filed his petition to expunge or seal, which meets all rule and statutory criteria.” Shanks v. State, 82 So. 3d 1226, 1226-27 (Fla. 1st DCA 2012).

The Florida First District Court of Appeals quoted the law that applied from an older Florida appellate case:

“‘[O]nce an applicant satisfies the criteria set forth in Rules 3.692 and 3.989(d), the applicant is presumptively entitled to an order to seal or expunge court records. However, the petition is addressed to the sound discretion of the trial court, and the petition may be denied if there is good reason for denial based on the facts and circumstances of the individual case.’ Anderson v. State, 692 So.2d 250, 252 (Fla. 3d DCA 1997) (citation omitted).”

In Shank, the lower court simply denied the petition to seal the criminal record without reason. The problem is that “the trial court entered an order denying the petition to seal, stating (apart from formal parts) only: ‘Having thoroughly reviewed the case and in consideration to the Amended Petition to Seal Criminal History Record, Response, and being fully advised in the premises, this Court denies the Petition to Expunge/Seal, pursuant to F.S. § 943.059.’” The Florida appellate court ruled that this was insufficient:

“Here denial in the exercise of sound discretion would have required some good reason based on facts and circumstances of Mr. Shanks’ individual case. But ‘[w]ithout [any] evidence at [a] hearing or stating any reason for denying [Mr. Shanks’] request in its order, it appears the trial court had no factual basis to support the denial of [Mr. Shanks’] request to seal his records.’ Cole v. State, 941 So.2d 549, 551 (Fla. 1st DCA 2006). Accordingly, we reverse and remand for further proceedings. See Light v. State, 80 So.3d 414 (Fla. 1st DCA 2012); Hobbs v. State, 80 So.3d 415 (Fla. 1st DCA 2012); Baker v. State, 53 So.3d 1147, 1148–49 (Fla. 1st DCA 2011); VFD v. State, 19 So.3d 1172, 1175 (Fla. 1st DCA 2009).”

Suspended License? Call (904) 564-2525.

If you are a habitual traffic offender in Jacksonville or the surrounding towns, you probably want to know how you can get your drivers license back. As a Jacksonville drivers license lawyer, I receive a lot of telephone calls from people that have received notices that their licenses will be suspended for 5 years due to being declared habitual traffic offenders (also referred to as HTO). The first thing that I need to know is how the person became a habitual traffic offender. There are citations in the person’s driving record that caused him or her to become HTO. Once I know this, I can figure out what needs to be done to resolve the matter.

Examples of Habitual Traffic Offender Drivers License Suspensions

The best way to explain habitual traffic offender cases is with examples. I will give three fact patterns and go through what can be done in each case to help the Florida habitual traffic offender obtain a valid drivers license.

1. Joshua received a Duval County traffic ticket for driving on a suspended or revoked license in Jacksonville. His license was originally suspended due to an outstanding Florida speeding ticket. He paid the speeding ticket. He also paid the new driving while having a suspended license ticket. The DMV reinstated his drivers license, and he believed that everything was taken care of. Approximately a month later, Joshua received a letter in the mail from the DMV telling him that his license was going to be suspended for 5 years as a Florida habitual traffic offender. The reason that he is going to be a habitual traffic offender is because he now has two convictions for driving with a suspended or revoked license and one conviction for driving under the influence in Jacksonville.
2. Lisa lives in St. Johns County. She travels to Clay, Duval, and Nassau County as part of her job. She drives a lot. She also has been pulled over a lot and received traffic tickets. While Lisa may not be a great driver, she does pay her tickets on time. By paying her tickets, the Florida DMV has applied points to her license. The reason that she received points is because she was convicted or adjudicated guilty of moving violations. Within a five-year period, Lisa received 15 traffic tickets for moving violations. Now, her Florida drivers license will be suspended for 5 years as a habitual traffic offender.
3. Greg is a habitual traffic offender.  So far, his drivers license has been suspended in Clay County for a year. It has been hard, but he has not driven a motor vehicle for the entire year. He still has four years left as a habitual traffic offender, but would like to obtain a drivers license now.

How Can Florida Habitual Traffic Offenders Reinstate Their Drivers Licenses?

I am going to use the example above to show you how each person can reinstate his or her license in Florida.

1. Joshua driver’s license is going to be suspended in Duval County as a habitual traffic offender. Like most people, he has a job and a family. He cannot have a suspended license. How will he work and provide for his family? Joshua may be able to avoid the Florida drivers license suspension or reinstate his license. His Jacksonville drivers license attorney will need to look at his driving record. In Joshua’s case, his license has been suspended because he was convicted of 3 qualifying offenses within 5 years. If his attorney can remove one of these convictions, he will no longer qualify for HTO status. This will take time, so Joshua should not wait to clear this up. If he is caught driving while his license has been suspended as a habitual traffic offender, he could be arrested and face felony charges.
2. Lisa’s problem is all of her tickets. She has 15 moving violations in Clay, Duval, Nassau, and St. Johns County FL. She probably thought that the only problem this would cause was an increase in insurance premiums, but she was wrong. She certainly should speak to a lawyer about her driving record. If she had an attorney representing her when she received the tickets, she would not be in this predicament. A lawyer can likely still help. She will need to remove at least one conviction, depending on her driving record.
3. Unlike most people, Greg has been able to avoid driving for a year. Although he is still a habitual traffic offender, he may request a hardship license. Greg will need to go through the Florida DMV for a hardship license.  Greg also has another option. Greg may be able to bypass the hardship license. He should speak to a Clay County lawyer about this. He may be able to obtain a drivers license without the restrictions of a hardship license.

Am I Eligible for a Hardship Drivers License in Florida?

The Florida Department of Highway Safety and Motor Vehicles’ website gives information about obtaining a hardship license after a 1-year suspension. I have this information below in quotes. It also lets you know how you can reinstate your license after your 5-year habitual traffic offender suspension has expired. It is important to know that you do not have to wait this long. You may be able to stop a Florida habitual traffic offender suspension. You may be able to obtain a valid drivers license now. Contact 20 Miles Law to speak to a Jacksonville lawyer about your situation. Call (904) 564-2525 or send and email to Find a Lawyer.

The Florida Department of Highway Safety and Motor Vehicles’ website states:

“Driver license will be revoked for 5 years. After 1 year from the effective date of revocation, you may request a hardship license. Contact the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. If the hearing with the Administrative review office is favorable you will be authorized to obtain a hardship license for the remainder of the revocation period. You will be required to present enrollment or completion of Advanced Driver Improvement School (ADI) and pay the $75.00 revocation reinstatement fee along with any other applicable fees and a license will be issued restricting your driving to Employment or Business purposes only. 

Once the revocation period expires, the hardship restriction no longer applies. You can resume driving for full privileges or you can report to a driver license or tax collector licensing agent office to have a replacement license ($25.00 fee) issued without the hardship restriction.

If you serve the entire HTO revocation period without a hardship license, a hearing with the Administrative Review Office is not required. You can reinstate for full privileges by presenting enrollment or completion of Advanced Driver Improvement School (ADI) and pay the $75.00 revocation reinstatement fee along with any other applicable fees for issuance of a driver license.”

Suspended License? Do not get caught driving. Call (904) 564-2525 to speak to an attorney about reinstating your drivers license.

Has your drivers license been suspended as a Florida habitual traffic offender in St. Augustine? Did you receive a letter from the Department of Highway Safety and Motor Vehicles informing you that your license would be suspended for five years due to tickets that you have received in Ponte Vedra or Julington Creek? If so, you may be wondering how you are going to function without a drivers license for 5 years. You are not alone. Many other people are in your position or have been in this position. You may be able to stop this Florida drivers license suspension or have your license reinstated. Call 20 Miles Law at (904) 564-2525 to speak to a St. Johns County lawyer about your options. You may also contact an attorney by sending an email to Find a Lawyer.

Why is My Florida Drivers License Suspended?

If you have been labeled a Florida habitual traffic offender, it is due to your driving record. You have been convicted of certain traffic tickets that resulted in the suspension. The offenses that will be used against you can be found in Section 322.264 of the Florida Statutes. If you receive convictions for any three of the driving offenses listed below within a five-year period, your drivers license will be suspended for 5 years. The traffic charges are:

1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
2. Driving Under the Influence: Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
3. Any felony in the commission of which a motor vehicle is used;
4. Driving with a suspended or revoked license;
5. Leaving the Scene of an Accident: Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
6. Driving a commercial motor vehicle when the privilege is disqualified.

Florida driving on a suspended or revoked license tickets are the most common traffic violations that causes habitual traffic offender drivers license suspensions in Jacksonville and the surrounding cities, but you may become a habitual traffic offender due to other moving violations. Section 322.264 of the Florida Statutes also states that your drivers license will be suspended as a habitual traffic offender if you receive 15 moving violations within 5 years.

How Can a St. Johns County Drivers License Lawyer Help Me?

If you are already a habitual traffic offender or facing a five-year drivers license suspension, a Florida drivers license lawyer may be able to help you. Your lawyer may be able to remove convictions from your record. If your attorney is able to remove certain convictions from your record, you will no longer fit the criteria of a habitual traffic offender. Depending on your driving record, you may be able to reinstate your license.  This may take some time, so the sooner you speak to an attorney, the better.

Do I Need to Pay My Florida Traffic Tickets?

If you have outstanding tickets, your Florida drivers license will be suspended indefinitely. The FDHSMV will suspend your license until you take care of these tickets. If you have moving violations, these will put points on your driving record, so be sure to talk to your attorney first. Your attorney may be able to help you avoid or remove these points from your Florida driving record. Regardless, you need to take care of these tickets if you want a valid drivers license.  Be sure to let your lawyer know about any outstanding traffic tickets that you have.  It is also a good idea to obtain a copy of your driving record.  For help with your drivers license, feel free to call (904) 564-2525.

Lonna Barton Bond Revoke in Duval County FL

Approximately three months ago, a 21-month-old child went missing in Jacksonville FL. Was he kidnapped, murder, accidentally killed, or abandoned? We do not know. What we do know if that somebody knows what happed to this child and is not speaking up. The missing toddler is Lonzie Barton. This is, by far, the most high-profile case pending in Jacksonville at this time. The local news is constantly running a new story on the case. Understandably so, considering that there always seems to be something happening in William Rueben Ebron and Lonna Lauramore Barton’s cases.

If you have not been following this case, Lonna Barton is Lonzie Barton’s mother. Ebron is, or was, her boyfriend that was babysitting Lonzie Barton at the time of his disappearance. For a timeline of events, read Lonzie Barton Timeline Leading to Arrest in Jacksonville FL. You may also read More Jacksonville Criminal Charges for Ebron for more articles about the Lonzie Barton case.

The last two weeks have been busy for Lonna Barton.  Just two days ago, Lonna Barton has a bond revocation hearing in Jacksonville. A few weeks ago, she bonded out of the Duval County Jail after being arrested for child neglect and giving false information to police officers in Jacksonville. Due to the new arrest, she is now being “held without bond after her arrest last week on drug charges in Baker County….. Lonna Barton waived her appearance at Wednesday’s hearing and her lawyers offered no opposition to the motion to revoke her bond in light of her Baker County arrest. Judge Marianne Lloyd Aho ordered that Lonna Barton be kept in the Duval County jail until the completion of the case against her.”  (news4jax.com)

The Florida criminal law that permits a court to revoke a defendants bond is Section 903.0471 of the Florida Statutes. This law states, “Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.” Because Lonna Barton was arrested for new Florida drug charges in Baker County, the court conducted a bond revocation hearing pursuant to this statute. The bond may be revoked even though the new arrest has nothing to do with the pending criminal charges in Duval County. As a Jacksonville criminal lawyer, I expect my client to be on their best behavior while they are out on bond. I do not want to see my client back in jail. If my client’s bond is revoked, I now have a client sitting in jail while the case is pending. It is a lot easier to communicate with my client if he or she is out of custody. He or she can also help me build and defense, go through evidence, and collect information when he or she is not in jail.

After Lonna Barton posted bail, she was arrested along with Chris Barton, Lonzie Barton’s father. I am assuming that Chris Barton did not have a pending case, so he likely has a bond in Baker County. He may be released from custody, but Lonna Barton will not be released from custody due to the bond revocation in Duval County. She is now going to have to work on her defense from the Duval County Pretrial Detention Facility. Now, she has two cases to defend. She probably has two different attorneys as well. In Duval County, she has a Jacksonville criminal lawyer from the Office of Regional Conflict Counsel. Based on the Duval County court determining that she is indigent, I am assuming that she cannot afford an attorney in Baker County. If this is the case, she will be assigned a public defender unless there is a conflict of interest. If the public defender has a conflict of interest, the court will appoint another attorney to represent her for the new drug charges.

Based upon the scenario set forth above, it is obvious why you want to walk a strait line after you have bailed out of jail. You do not want to risk going back. This is especially true when you have bonded out of jail in such a high-profile case. After learning of Lonna Barton’s arrest for the Baker County drug charges, I wrote an article titled, Barton’s Arrest May Revoke Duval County Bond in Jacksonville FL. I stated that I anticipated that her bond would be revoked in Jacksonville. I wondered if she was being watched or followed because the Jacksonville’s Sheriff’s Office is conducting a murder investigation in the Lonzie Barton case. Today, I read an article on Channel 4 News of Jax’s website that helped explain:

“One of the investigators who spearheaded the surveillance of Chris and Lonna Barton, leading to their arrests on drug charges in mid-September, spoke to The Baker County Press about the case. Chris Barton, 41, and Lonna Lauramore Barton, 25, were arrested September 16 after an undercover drug deal at a Baker County motel.  Another man, Shawn Hall, 32, of Glen St. Mary, was also arrested. ‘A network of confidential sources provided detailed information several days before their arrest and finally allowed for controlled buys to be made,’ Investigator Matt Yarborough told The Baker County Press. He also said ‘no special attention’ was attached to the case…. Yarborough said the Bartons were both known to be involved in the local drug culture prior to Lonzie’s disappearance but more ‘tips and complaints’ came in after the child was reported missing. ‘I will say that the scrutiny and watchful eyes of the public made it difficult for the couple to hide their activities and made the investigation much easier for us,’ Yarborough told The Baker County Press. The Press said a confidential informant reported witnessing Lonna Barton injecting synthetic meth with her husband’s help while they were all in the motel room. The informant said Hall was there as well. The Baker County Press reported when police entered the motel room, only Lonna Barton was there and numerous syringes and other drug-related items were seized as evidence. Earlier that afternoon, officers witnessed Chris Barton picking up the drug from a person in a red truck that pulled into the motel parking lot, according to The Baker County Press.”

According to this Jacksonville news article, it appears that Lonzie Barton’s disappearance did not lead to the investigation of his parents. However, it did lead to people giving police information that they needed to make an arrest.

As for Lonna Barton, Lonize Barton’s mother, she was also arrested for child neglect and giving false information to police officers in Jacksonville. Her bond was set as $50,000, which she posted. If she used a bondsman, the person that bonded her out of jail likely paid 10% of the $50,000, which is $5,000. She was released from the Duval County Jail, but has now been picked up on new charges. First Coast News reported the story:

Christopher Barton

“Chris and Lonna Barton, the parents of missing toddler Lonzie Barton, were arrested on felony drug charges after selling drugs to undercover cops Tuesday and Wednesday, the Baker County Sheriff’s Office announced at a news conference late Wednesday night. The Bartons had been under surveillance by authorities for weeks, Sheriff Joey Dobson told reporters…. Both had been ‘under the eyes of narcotics investigators with the [Sheriff’s Office] for almost a month,” Dobson said…. ‘This is not about the Lonzie case,’ said the sheriff, who told reporters that the Jacksonville Sheriff’s Office had not been involved in the drug investigation…. Chris Aaron Barton, 42, Lonna Lauramore Barton, 25, and Shawn Clayton Hall, 32, face charges of sale of Molly — a club drug made of a variety of chemicals — within 1,000 feet of a specific location, possession of Molly and possession of drug paraphernalia, according to the Sheriff’s Office…. The report also revealed a confidential informant recorded on camera Lonna Barton injecting drugs using a syringe with her husbanding assisting…. At the request of the State Attorney’s Office, Chris and Lonna Barton underwent drug testing Wednesday at the Duval County Courthouse…. The couple had been in court discussing a custody plan for their 5-year-old daughter, who remains in the custody of her grandmother but is allowed supervised visits with her parents.”

What does this mean for Lonna Barton?

This new arrest in Baker County will likely cause her bond to be revoked in Duval County. When you bond out of jail, your criminal case is still pending. During this time period, you cannot violate the law. If you are arrested for a new law violation, your bond may be revoked in the pending case. Then, you will be held in jail with no bond.  You will remain in jail until your case has been resolved. I am assuming that Lonna is in the Baker County Jail. Even if she bonds out of jail in Baker County, the Duval County state attorney will likely file a motion to revoke her bond. Then, she will be held in Duval County.

Lonna Barton is in the same boat that Ebron was in when he was arrested for child neglect in Jacksonville Florida. When Ebron was arrested in Duval County, he had pending Florida drug charges in Baker County. The Duval County arrest caused his Baker County bond to be revoked. Like Lonna Barton, Ebron’s bond was $50,000 in Duval County, but he did not post bail. I am speculating, but the reason that he did not post bail in Duval County may have been due to his pending Baker County case.

What does this mean for the Lonzie Barton investigation?

It is obvious that people want to get out of jail. That’s why people hire a defense attorney. They want a bond reduction. They want to make a favorable plea deal. They want the charges dropped. In my experience as a Jacksonville criminal lawyer, co-defendants tend to talk to police when they are in custody. If they are going to talk to detectives, it is a good idea that they speak to their attorneys first and have their lawyers present during the questioning.

From what I have been reading in the local Jacksonville news, police believe that Lonna Barton and Ebron have been lying about what happened to Lonzie Barton. If the Jacksonville Sheriff’s Office believes that Ebron had something to do with Lonzie Barton’s disappearance and that Lonna Barton has information about this, they want that information. I have seen co-defendants “flip” and give information to the state attorney or detectives in an effort to receive leniency. I am not saying that this is going to happen with the Lonzie Barton investigation, but it is a possibility. This will depend on a variety of factors.

“University police were called to a dorm about 2 a.m. Tuesday to deal with a student’s ex-boyfriend who had been banging on the door to her dorm, sounding ‘like he was attempting to break the door down,’ according to a UNF Police Department arrest report. Afterward, investigators spoke with the suspect, identified as Shane Christopher Kelly, 18, of Jacksonville. Kelly acknowledged he had knocked on his ex-girlfriend’s door, saying that he just ‘wanted a few minutes of [her] time,’ according to the report. Officers found a .357-caliber Smith and Wesson revolver in Kelly’s dorm nearby, police said.”

This UNF student was arrested pursuant to Section 790.115(2)(c) of the Florida Statutes, which is a 3^rd degree felony in Jacksonville FL. This Florida firearms law prohibits college students from having firearms and other listed weapons in their dorm rooms, as the dorms are on school property. Section 790.115(2) states:

(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.
For the purposes of this section, “school” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
(b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

This is just a portion of this Florida gun law. The criminal law also covers the discharge of a weapon on school grounds and allowing minors access to firearms. Visit Online Sunshine for the entire Florida Statute.

As for the Jacksonville news story quoted above, I hate seeing an 18-year-old college student facing a felony criminal charge since he has a future ahead of him and an education to pursue. Just because Kelly was arrested for a felony, it does not mean that he will be charged with a felony crime. This is something that his Jacksonville criminal lawyer will try to avoid. Depending on the circumstances, there are ways to stop this from happening. His Jacksonville criminal attorney will look into any defenses that Kelly may have to allegations. Also, Kelly likely has mitigation. According to the information provided in the Jacksonville news article, it appears that Kelly did not have any intention of hurting anyone. An important factor will be his criminal record or lack of criminal history. If he has never been in trouble before, this will be beneficial to his case.

When you have a college student that has been arrested, you need to think about his or her criminal record. If possible, you want to dispose of the case in a manner in which he or she has the option to seal or expunge the Florida criminal record. In order to do this, you must avoid a criminal conviction. A criminal conviction is an adjudication of guilt. This will stop a Florida criminal record seal or expunction. If the charges are dropped or dismissed, a defendant in a criminal case may be able to expunge the Florida criminal record. The same is true if he successfully completes a diversion program in Jacksonville. Even if the defendant is not able to expunge his record, he may be able to seal it. There are a variety of factors involved.

If you have been arrested, you should discuss the different aspects of your case with your Jacksonville criminal lawyer. First, you want to go over the charges, facts, and defenses. Second, you want to discuss your options, the route you want to take, and the possible outcomes and sentences. Next, you want to discuss other ramifications, such as a criminal record or Florida drivers license suspension. Do not be afraid to ask your attorney too many questions.

If you cause an accident involving death or serious bodily injury and your FL license is suspended, you may be facing a felony.

If you are driving on a suspended or revoked license in Jacksonville, you may be subject to anything from a civil traffic ticket to a felony arrest. Unknowingly driving on a suspended or revoked license is a civil traffic ticket in Jacksonville FL. Although it is a civil traffic infraction, it can be used against you to make you a Florida habitual traffic offender. Knowingly driving on a suspended or revoked license is a criminal traffic violation. It is a misdemeanor. If a police officer finds you driving on a suspended or revoked license with knowledge, you may be issued a notice to appear citation or you could be arrested for a misdemeanor charge.

You may be arrested for a third-degree felony if you are caught driving on a suspended or revoked license as a Florida habitual traffic offender. Driving on a suspended or revoked license may also become a felony if you cause a car accident that results in death of serious bodily injury. Today, I read an article that made me think of this Florida criminal law. The article was titled, Driver in pedestrian death charged with driving on suspended license. The article read:

“A driver whose pickup struck and killed a pedestrian on Jacksonville’s Southside Wednesday morning was arrested for driving on a suspended license along with drug charges, authorities said. Robert John View II, 24, was behind the wheel of a 1994 Ford F150 heading east on Atlantic Boulevard about 6 a.m. when it struck a pedestrian, later identified as Larry Anderson, near Acme Street as he crossed the road, according to an arrest report. Anderson, 58, was knocked to the pavement and pronounced dead at the scene. He was not in the intersection or the crosswalk when he was hit, police said.”

The driver was arrested on a few misdemeanors. He was arrested for knowingly driving on a suspended license, possession of less than 20 grams of marijuana, and possession of drug paraphernalia in Jacksonville. According to the news article, View’s drivers license was recently suspended due to a Jacksonville DUI arrest, but the report seems to indicate that police did not suspect that View was driving under the influence at the time of this accident.

As a Jacksonville criminal defense lawyer, there are a few things that I would pay attention to in a case like this one. First, I am assuming that police are conducting a further investigation of the accident. They will need to review the evidence and speak to witnesses to determine the cause of the accident. A person that drives on a suspended or revoked license and causes an accident may be charged under Section 322.34(6). This Florida suspended license law states:

“Any person who operates a motor vehicle:
(a) Without having a driver license as required under s. 322.03; or
(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.”

If View were not being careless or negligent, this would not apply to him. View has been arrested for a misdemeanor and has not been charged with a felony, but the Duval County State Attorney’s Office will be the one making a filing decision on the case.

Another potential problem that I see is the prior driving under the influence arrest. The article stated that View’s drivers license was suspended due to a DUI charge. If that is the case, his Jacksonville criminal lawyer will need to see if the case is open or closed. If it is open, there is a problem. The case may be still pending. When your are arrested for driving under the influence in Jacksonville, you may plead not guilty and bond out of jail. If you do this, your case is still open until it is resolved. When you have been released on bond, you cannot have any new criminal violations. You cannot be arrested again. If you are, your bond may be revoked. If your bond is revoked, you will be held in the Duval County Jail while your case is pending.

Let’s say that the DUI case is not pending. If it were not pending, the next question to ask is whether the defendant is on probation. If you are on probation and pick up a new charge, you may be facing a violation of probation in Jacksonville. As a condition of probation, you cannot violate the law. If you do, this is a violation of your probation. Now, you have the new arrest and the violation of probation to deal with.

In View’s case, the article did not give enough information. He may only have the new driving on a suspended license and drug offenses pending. His DUI case may be open or closed. This is something that his attorney will certainly address.

Marijuana Use Popular Among College and High School Students

If your son or daughter has been arrested or issued a notice to appear citation for possession of marijuana in Jacksonville, you probably have a lot of questions. As a Jacksonville criminal lawyer, I have represented many teenagers and young adults in juvenile and adult court. In today’s society, marijuana is not considered a big deal. Regardless, it is illegal to possess cannabis in Florida. If you are arrested for possession of less than 20 grams of marijuana, you have been arrested for a misdemeanor. This will result in a Florida criminal record. Even if you were not arrested, you may still have a criminal record if you were issued a notice to appear citation. A notice to appear citation looks like a Jacksonville traffic ticket, but it is really a criminal notice. If you are caught with 20 grams or more of marijuana, this is a felony. If you are convicted of possession of cannabis, you are also facing a drivers license suspension in Jacksonville.

As you can see, while marijuana use may not seem like a big deal, it is. You may have a high school student that was arrested and is facing charges in Jacksonville juvenile delinquency court. You may have a college student that was cited for possessing a small amount of cannabis. Regardless, your child has a future that he or she needs to think about. While getting caught with marijuana may not seem like much now, it may come back to haunt him or her in the future. Your child is likely going to be filling out college applications and looking for a job. The bottom line is that possessing marijuana is illegal in Florida. Illegal means that you should not be doing it and there are consequences that apply. You need to ask yourself, “Is it really worth it?”

With marijuana use becoming more and more popular amount teens and young adults, it is no wonder that they do not think that a criminal marijuana charge is that serious. It’s not the teenager’s fault for thinking this way. It is constantly presented that way. Today, I read an article on Yahoo Health about the rise in marijuana use among college students:

“The percentage of U.S. college students who say they smoke marijuana daily or nearly every day is at its highest in more than three decades, according to a new survey. In 2014, 5.9 percent of college students said they smoked marijuana 20 or more times in the prior month. That’s up from 3.5 percent in 2007, and is the highest rate of near-daily use reported since the survey began, in 1980, the researchers said. In fact, in 2014, near-daily use of marijuana was more common than daily cigarette use for the first time, the researchers found. Just 5.2 percent of college students said they smoked cigarettes every day, down from about 19 percent in 1999. In addition, the percentage of college students who said they used marijuana at least once a month increased from 17 percent in 2006 to 21 percent in 2014. In addition, the percentage of college students who said they used the drug at least once a year rose from 30 percent in 2006 to 34 percent in 2014…. A similar rise in marijuana use has also been seen among high school students, said Lloyd Johnston, a research scientist at the University of Michigan’s Institute for Social Research, who led the study.”

The article reconfirmed what I have been saying for a while. The stigma once associated with marijuana use is disappearing. This may have something to do with its legalization in several states. Some states, such as Colorado, Washington, Alaska, and Oregon, have legalized recreational and medical marijuana. Many other states have legalized medical marijuana. Other states have decreased the penalty for possession of marijuana to a civil infraction. See the Legality of cannabis by U.S. jurisdiction for a chart of the marijuana laws across the nation. The Yahoo Health article also stated:

“The increase in marijuana use may be tied to a change in how young people view the drug. In 2006, 55 percent of 19- to 22-year-olds said they viewed regular marijuana use as dangerous, but in 2014, just 35 percent said the same, the survey found. Also in recent years, an increasing number of states have legalized the drug, for medical or recreational purposes.”

What college students need to understand is that marijuana is not legal in Florida. You are going to college to better yourself and your future. You want to open doors and opportunities for yourself. A Florida criminal record does not help you achieve your goals. In fact, it does the opposite. While a marijuana charge may not be a big deal to you, it may be something serious to the potential employer reviewing your Florida criminal background. It may be important to the person that is making the hiring decision. Imagine that you are applying for a job and the employer has two identical candidates to choose from. Both have great academic credentials and performed excellently in their interviews, but one has a criminal record and the other does not. Who will the employer choose? There are employers and companies that do not want to hire a person with prior drug use. These are all things that you want to consider when deciding, “Is it worth it?”

If you have been arrested for possession of marijuana, you should speak with a Jacksonville criminal attorney about your options. You may also want to inquire about sealing or expunging your Florida criminal record. If you have any questions, feel free to call 20 Miles Law at (904) 564-2525 or send an email to Find a Lawyer.

“A judge revoked 32-year-old William ‘Ruben’ Ebron’s bond on three charges in connection to the disappearance of Lonzie Barton Monday morning. Ebron is now being held without bond on all charges, including attempted escape from jail. A Nebbia motion, which was filed by the State Attorney’s Office to ensure that any money used by Ebron to post bond was obtained legally, wouldn’t make any difference and so was denied. The State Attorney’s Office can file the motion again if bond is ever given to Ebron on any charge.”

This looks like it is just the beginning of the motions that the Duval County State Attorney’s Office will be filing in Ebron’s criminal case. The Jacksonville news article also stated the prosecution will seek to “take away his right to make jail calls and take away visitation.” Why is this state attorney making such a request? “Prosecutors say Ebron tried to contact a woman, who is the mother of his children, he was ordered to have no communication with 31 times within his first three weeks in jail.”

The woman that the article is referring to is not Lonzie Barton’s mother. Ebron is not Lonzie Barton’s father. Lonzie Barton’s mother is Lonna Lauramore Barton.   Ebron was living with Lonna Barton. Lonna Barton was also arrested giving false information to law enforcement and child neglect in Jacksonville. Lonna Barton’s bond was set at $50,000, and she has posted bail.

While Lonna Barton and Rueben Ebron are charged with similar offenses, they will not have the same Jacksonville criminal lawyers. In fact, there is likely a conflict of interest for them to have the same Jacksonville criminal lawyers representing them. Ebron was arrested first. He was appointed an attorney from the Office of the Public Defender in Duval County. Less than a month later, Lonna Barton was arrested. She was also appointed a lawyer. Since an attorney from the Office of the Public Defender was already representing Ebron, her lawyer is from the Office of Regional Conflict Counsel in Jacksonville FL. Both the public defender and regional conflict counsel provide attorneys to indigent criminal defendants, as they cannot afford to hire a criminal defense lawyer.

While Ebron and Lonna Barton have been charged with child neglect of Lonzie Barton, police are investigating this case as a murder. First Coast News of Jacksonville stated:

“Last Friday, [Lonna Barton] gave an exclusive interview to First Coast News, saying she believed her son was still alive. That’s after investigators announced the child had been murdered, not abducted, as Ebron had told police on July 24 when he reported him missing. Surveillance video obtained from a neighbor’s home discredited that narrative, police said. ‘We are still full speed ahead at making a murder case, especially against Ruben Ebron,’ Hackney said.”

It is important to point out that each defendant has certain rights. There is the right to discovery. Both Ebron and Lonna Barton has a right to see the evidence and question the witnesses. They also have a right to a speedy trial. When it comes to Florida criminal felony cases, the defendant has the right to go to trial within 175 days of the arrest. A defendant can waive his or her right to speedy trial if it is in his or her best interest. Their Jacksonville criminal attorneys may also request a change of venue. Criminal defense attorneys will do this if they believe that there is no way the client will receive a fair trial in the county in which they were charged. This is certainly a possibility as there has been plenty of media attention in this case in Duval County FL.