Clearwater Criminal Defense Law Blog

What makes a drug offense federal vs. state?

On Behalf of Brunvand Wise, P.A. | Sep 30, 2022 | Drug Charges

It goes without saying that drug charges come in varying levels of severity based on the nature of the offense. Some offenses are misdemeanors while others are felonies, but there is also a marked difference between state-level drug offenses and federal offenses. Many drug crimes prosecuted at the federal level are severe felonies with harsh consequences. In the face of an impending drug charge, it is important to know whether the offense falls under state or federal jurisdiction. When is a drug crime a federal offense? Offenses may escalate to the federal level if they involve a...

Sex Offenses – An Overview

by Brunvand Wise, P.A. | Sep 29, 2022 | Criminal Law

Sex offenses come in a variety of flavors and carry many different penalties. Both Florida and federal laws have several sex offenses on the books that take into account a variety of factors. Following is a discussion of sex offenses in Florida and what the various state and federal laws say about sex offenses. State Laws Sex offenses are typically punished at the state level, and most states divide sex offenses up into five broad categories Sex crimes against other adults, sex crimes against children, sex crimes against nature, sex crimes against relatives, and sex crimes for sale. Sex...

What’s The Difference? Felonies, Misdemeanors, And Infractions Explained

by Brunvand Wise, P.A. | Sep 21, 2022 | Criminal Law

Not all crimes in Florida are the same. As the range of law violations span from parking tickets to murder, so too is the range of their severity and the repercussions they have upon a conviction. Following is a discussion of the various categories of crimes and what you need to know about them if you are facing criminal prosecution in Florida. Basics Crimes in Florida are broadly categorized into three groups: infractions, misdemeanors and felonies. Within those categories, crimes are broken down by degrees, and the degree of a particular crime determines the range of possible penalties....

How the pretrial stage works in a federal investigation

On Behalf of Brunvand Wise, P.A. | Sep 21, 2022 | Criminal Law

When someone in Florida who claims to have witnessed or been a victim of some type of federal offense notifies federal authorities, one of several federal law enforcement agencies may decide to investigate the matter further. The agency that is going to investigate the matter may depend on the nature of the offense. However, if the investigating agency believes there is enough evidence that a crime took place, it may place you under arrest. Per the Federal Bureau of Investigation, if the allegation is that you committed some type of white-collar crime, investigating authorities may need to...

Racketeering and the RICO Act – A Primer

by Brunvand Wise, P.A. | Sep 13, 2022 | Criminal Law, Drug Charges, Drug Crimes, White Collar Crimes

Many of us have seen on television courtroom dramas and in the news references to the crime of racketeering and the RICO Act that law enforcement utilizes to prosecute such acts. However, few people outside the legal community have a grasp on what precisely constitutes racketeering. Here’s what you need to know about racketeering in Florida. Definition Racketeering is not one individual or stand-alone crime. Rather, racketeering constitutes several crimes over a period of time. Federal laws define racketeering as a series of crimes that Affect commerce, are organized, and demonstrate a...

Penalties associated with violating the Anti-Kickback Statute

On Behalf of Brunvand Wise, P.A. | Sep 8, 2022 | Criminal Charges

When you work as a health care provider in Florida, you agree to maintain certain ethics. You also agree not to accept “kickbacks,” or payments or other types of compensation in exchange for doing something health care-related for the paying party’s benefit. If you do so, you may be in violation of the Anti-Kickback Statute, and you may face serious penalties as a result. Per the U.S. Department of Health and Human Services Office of the Inspector General, the Anti-Kickback Statute is a federal law that prevents you from accepting cash, compensated hotel stays, free meals or other perks in...

Expunging Your Criminal Record In Florida

by Brunvand Wise, P.A. | Sep 6, 2022 | Criminal Law

In some circumstances Floridians may have all legal records of their crime wiped from the official record. The expungement process is not widely known in the state of Florida, but it is available to those who have past crimes they would like to have removed from their record. Here’s what you need to know about expungement in Florida. Basics Expungement is the removal from public view the details of a criminal conviction. Essentially, if a court agrees to expunge the record of a crime, as far as non-government entities go, it’s as though the crime had never happened. Why Expunge? Individuals...

Search And Seizure In Florida, Part II

by Brunvand Wise, P.A. | Aug 30, 2022 | Criminal Law

Last week we went over some of the limits the law places on police in Florida regarding searching and seizing the property of private individuals. This is the second part of that series, and we shall discuss other concerns and issues surrounding Florida’s search and seizure laws and what they mean for you. Reasonable Expectation Of Privacy Another situation in which law enforcement does not need a warrant to seize contraband is when the individual whose property is being searched does not have a reasonable expectation of privacy. The United States Supreme Court has interpreted the Fourth...

What should you do when sexual assault accusations against you become public?

On Behalf of Brunvand Wise, P.A. | Aug 26, 2022 | Criminal Charges

Accusations of sexual assault can have a huge impact on your life. Despite the innocent until proven guilty process within the legal system, the court of public opinion does not operate the same way. Your employer can fire you. Your spouse can leave you. Your friends can write you off. If your situation becomes public, it can wreck your life even more. So, how should you handle it when the accusation against you becomes news? First and foremost The most important thing you need to do when you become a topic of public fodder is to be quiet. Do not say anything to anyone. If someone asks you...

Search And Seizure In Florida, Part I

by Brunvand Wise, P.A. | Aug 25, 2022 | Criminal Law

Florida’s law enforcement has many tools at its disposal for investigating crime. However, police and investigators have strict limits on what they may or may not do in the course of an investigation. Following is a discussion of police search and seizure and the authority and limitations law enforcement has in the state of Florida. Basics The root of police search and seizure limitations can be found in the Fourth Amendment to the Constitution, which reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall...