Clearwater Criminal Defense Law Blog

Bribery in Florida: What You Need To Know

by Brunvand Wise, P.A. | Jun 6, 2023 | Criminal Charges, Criminal Law

Most people in Florida understand that bribery is a crime. However, most Floridians don’t know the particulars of Florida and federal laws that make bribery illegal. The following is a discussion of bribery in Florida and what you need to know if you find yourself facing bribery charges in Florida court. Basics In general, bribery is the practice of obtaining special favors or treatment by a position in government using money or other valuable consideration. The practice is illegal due to its effect of eroding public trust in government institutions and because it gives those willing and...

Responding effectively to accusations of cyberstalking

On Behalf of Brunvand Wise, P.A. | Jun 1, 2023 | Criminal Charges

In an increasingly digital world, the line between harmless online interactions and unacceptable behavior can blur, leading to situations where individuals find themselves accused of cyberstalking. Being on the receiving end of such an accusation is daunting, and it is critical to understand how to navigate this situation effectively and responsibly. Learn more about this issue and what you can do if someone accuses you of cyberstalking. Defining cyberstalking Cyberstalking refers to repeated online actions intended to keep track of and harass or intimidate another individual. This could...

What You Need To Know If You Are A Passenger During A DUI Arrest

by Brunvand Wise, P.A. | Jun 1, 2023 | Dui

Most everyone in Florida understands that driving while intoxicated is against the law. But what if you are a passenger in a vehicle that’s being driven by someone who is drunk? The answer to this question is not quite as clear. Under Florida statute, a defendant must be either driving a vehicle or in physical control of one while having a blood alcohol content (BAC) of 0.08 or more. Usually the person in control of a vehicle is the one sitting in the driver’s seat. However, in some cases a passenger may be in control of a vehicle. For instance, if the passenger grabs the steering wheel from...

Navigating potential deals for white collar crimes in Florida

On Behalf of Brunvand Wise, P.A. | May 31, 2023 | White Collar Crimes

White collar crime is a broad term that refers to non-violent crimes typically committed in business settings. These crimes often involve fraud, embezzlement and insider trading, among others. Facing charges for a white collar crime in Florida can be a daunting experience, and one might wonder if a deal is possible to lessen the charges or penalties. This article explores that question, providing some general insight into the matter. Understanding plea deals A plea deal, or plea bargain, is an agreement between a defendant and the prosecution. The defendant agrees to plead guilty to a lesser...

Navigating the complexity of the grand jury process

On Behalf of Brunvand Wise, P.A. | May 31, 2023 | Criminal Charges

To comprehend the American legal system, understanding the grand jury process becomes imperative. Originating in England and adopted by the United States as part of its Constitution, the grand jury system serves as a protective measure against unwarranted accusations and unnecessary trials. Grand juries decide whether probable cause exists to believe a crime occurred and if the accused individual committed it. Here is a short dive into what a grand jury does. Roles within the grand jury In a grand jury, 16 to 23 individuals serve as jurors, making decisions based on the evidence presented to...

Agree to Learn About the Age of Consent in Florida

by Brunvand Wise, P.A. | May 25, 2023 | Criminal Charges

The age of consent in Florida is an important factor in many prosecutions in this state. However, it isn’t as simple a subject as it seems. Here’s what you need to know if you are ever charged with a crime involving the age of consent in Florida. Initially, age of consent laws were instituted to prevent sexual relations outside the bonds of marriage. The intent in establishing an age of consent in past centuries was not to protect children from being exploited by adults, but to preserve a young woman’s virginity for marriage. Florida’s age of consent was shockingly low until the end of the...

We’re Not Holding Back About Withhold Of Adjudication

by Brunvand Wise, P.A. | May 16, 2023 | Criminal Law

In Florida, many criminal cases end in either a finding of guilt, a plea agreement, or an acquittal. However, these are not the only conclusions of a criminal case that are possible under Florida law. Today we will examine withhold of adjudication or adjudication withheld in Florida and what you need to know if it is an option in your situation. Under Florida law, a defendant may be eligible for withhold of adjudication if he or she enters a plea or is convicted of an offense. Upon sentencing, a judge may choose to impose a sentence that does not include a conviction by imposing a withhold...

Here Is The Last Word In Florida Criminal Sentences

by Brunvand Wise, P.A. | May 10, 2023 | Criminal Law

Criminal sentencing in Florida is a complex topic that few non-lawyers (and even some lawyers) don’t fully understand. This article will discuss a few of the complexities of criminal sentences in Florida and what you need to know if you find yourself being sentenced for a crime in Florida. In general, the sentencing ranges for criminal convictions in Florida are as follows: Second degree misdemeanor: up to 60 days in jail First degree misdemeanor: up to one year in jail Felony of the third degree: up to five years in prison Felony of the second degree: up to 15 years in prison Felony of the...

What is Medicare fraud?

On Behalf of Brunvand Wise, P.A. | May 8, 2023 | Criminal Law

Millions of Americans in the U.S. receive healthcare coverage through Medicare, which is the federal health insurance program for those who are over the age of 65. Although this federal program provides a necessary service to many, the Medicare program is the target of fraud on a regular basis. According to CNBC, Medicare fraud in the U.S. totals an estimated $100 million on an annual basis, but some suspect this number is much higher. This type of fraud occurs when someone receives payment or receives a higher payment than he or she should by deceiving the Medicare system. Examples of...

Don’t Go It Alone If You Choose To Plead Guilty To A Crime In Florida

by Brunvand Wise, P.A. | May 2, 2023 | Criminal Law

In Florida, those charged with the commission of a crime are entitled to be represented by an attorney during the trial, and those who cannot afford an attorney may obtain one from the public defender’s office at no cost to them. However, attorney representation is not required, and many Florida defendants enter a guilty plea without engaging an attorney at all. Pleading guilty without first consulting a Florida attorney is nearly always a mistake. What follows is an examination of the reasons why you need a competent Florida criminal law attorney even if you plan to plead guilty. Pleading...