Clearwater Criminal Defense Law Blog

Get A Solid Footing On Florida’s Stand Your Ground Law

by Brunvand Wise, P.A. | May 19, 2022 | Criminal Charges, Criminal Law

Among the more controversial laws passed in the 21st century by the Florida legislature is the state’s “stand your ground” self-defense law. What follows is a discussion of Florida’s stand your ground law and what you need to know if you are in a situation where this self-defense law may be important. Duty To Retreat In many states, an individual who is under attack by another has a legal duty to retreat from the threat as much as reasonably possible before he or she is legally permitted to respond with deadly force. Roughly half of the states in the US have some form of a duty to...

What You Need To Know About The Right To Assistance Of Counsel

by Brunvand Wise, P.A. | May 9, 2022 | Criminal Law

The Sixth Amendment to the United States Constitution contains several guarantees for those against whom criminal charges have been levied. One of the most important guarantees is the right to counsel. The following article will explore the Assistance of Counsel Clause and what it means for you if you are facing criminal charges in Florida. The Sixth Amendment became part of the United States Constitution in 1791 as part of the larger Bill of Rights. It reads as follows: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the...

What should a federal prosecutor provide you in discovery?

On Behalf of Brunvand Wise, P.A. | May 6, 2022 | Uncategorized

If a prosecutor charges you with a federal crime, you will probably attend a federal trial. There are a number of stages before getting to trial, including the initial hearing and the discovery stage. If your trial goes into discovery, you should know about your rights during the process as they may help you defeat the charges against you. The U.S. Department of Justice website explains that the discovery phase is when the prosecutor prepares for the trial. This involves a number of actions which include gathering the facts of the case. As a defendant, you have certain rights to know what...

The Basics Of Protective Orders In Florida And Beyond

by Brunvand Wise, P.A. | May 5, 2022 | Criminal Law

Florida law has several protections for survivors of domestic abuse written into its statutes. Protective orders in Florida are commonly used in situations where domestic violence is alleged, and those protective orders have stout penalties for those who violate them. Here’s what you need to know about protective orders in Florida. Basics Generally, protective orders come in three flavors: Emergency protection orders, protection orders, and restraining orders. Although the orders themselves may not necessarily stop domestic violence from happening again, the orders give the victims recourse...

What You Need To Know About Controlled Substances In Florida

by Brunvand Wise, P.A. | Apr 27, 2022 | Criminal Law, Drug Charges, Drug Crimes, Drug Crimes

The system by which drugs are regulated in Florida is based upon classifications put forth by the Federal government that divides those drugs into various levels of severity and potency. What follows is a discussion of those classifications and what you need to know about controlled substance classifications if you should ever find yourself facing drug charges in Florida. Basics Under the Controlled Substances Act of 1970, the Federal government classifies all drugs into five categories, or “schedules,” which are grouped by regulators according to their perceived medical use, addictiveness,...

What constitutes as embezzlement?

On Behalf of Brunvand Wise, P.A. | Apr 22, 2022 | White Collar Crimes

Embezzlement is a type of fraud or theft that falls under white-collar crime. The United States Department of Justice describes embezzlement as the fraudulent appropriation of property. If you face accusations of embezzlement, there are several elements that a prosecutor must prove to convict you. You had a fiduciary or trusted relationship with a government agency or private organization One of the significant differences between embezzlement and larceny is that you do not steal the property at the time of taking it. For example, if you work for a company and the business entrusts you with...

Can you get arrested for using CBD oil?

On Behalf of Brunvand Wise, P.A. | Apr 22, 2022 | Drug Charges

Changes to Florida restrictions now make it possible for both the cultivation and consumption of cannabidiol oil and other hemp products. These are a popular method of providing therapeutic relief without the negative psychoactive properties found in marijuana use. There are legal shops set up all over Florida selling CBD with consumers flocking to purchase their products. However, these same individuals find themselves coming into contact with law enforcement and facing potential drug charges. Making the THC threshold So long as a consumer is older than the age of 18 and purchasing CBD...

What You Need To Know About Defenses To Sexual Assault In Florida

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

Sexual assault in Florida is a serious crime. While it is important to deter and prosecute such an heinous act, it is equally important to protect those charged with sexual assault from such a punishment if they are innocent and to insure that the defendant who is charged with sexual assault has all the rights guaranteed him or her under the Constitution recognized in court. Following are several common defenses to sexual assault charges in Florida. Innocence The most common defense to sexual assault charges in Florida is that of actual innocence. Frequently this is proven by use of an...

What You Need To Know About Defenses To The Charge Of Involuntary Manslaughter In Florida

by Brunvand Wise, P.A. | Apr 14, 2022 | Criminal Charges, Criminal Law

Although the burden of proving intent is lower than it is for murder, Florida law requires the prosecution to prove beyond a reasonable doubt several other important elements of the crime of involuntary manslaughter to sustain a conviction. What follows is an examination of those elements and how a Florida criminal defense attorney is likely to go about mounting a defense against the charge of involuntary manslaughter in Florida. Elements Involuntary manslaughter in Florida consists of three elements that must be proven beyond a reasonable doubt by the prosecution: The defendant committed an...

What should you know about positive consent?

On Behalf of Brunvand Wise, P.A. | Apr 5, 2022 | Criminal Law

When you face charges for sex crimes in Florida, you might need to register on the sex offender registry. This could impact your life in a number of ways including your relationships, your career and where you can live. Going forward, you may desire to improve your understanding of positive consent so you can avoid additional charges. In cases where someone wrongly accuses you of violating consent, having an understanding of positive consent could help you articulate your defense. Rely on communication Knowing when your partner desires for you to progress is entirely a matter of...