Florida Criminal Defense Blog | Brunvand, Wise & Farinella Law Group

What are valid grounds to issue a search warrant?

On Behalf of Brunvand, Wise & Farinella Law Group | Jun 13, 2024 | Criminal Charges, Criminal Law

Becoming involved in a criminal investigation can be overwhelming, especially when authorities contact or look for you. Although these procedures could be necessary, authorities are still responsible for following standards and protocols. The same goes for when they need to search specific properties. In these scenarios, law enforcement might need to request for a court-approved search warrant. Without this document, the search can be unreasonable and unlawful. Additionally, these warrants may only be valid based on the situation, including the following grounds: The property subject for the...

Can I Drink Alcohol While on Probation in Florida? Understanding Your Rights and Restrictions

by Brunvand, Wise & Farinella Law Group | Jun 10, 2024 | Criminal Law

If you’re on probation in Florida, you might have questions about what you can and cannot do, particularly when it comes to alcohol consumption. Probation is a court-ordered period of supervision where offenders must adhere to specific rules and conditions to avoid jail time. The rules of probation can be strict and can vary depending on the nature of the offense and the terms set by the court. For residents of Tampa, Florida, seeking clarity on probation terms, the criminal defense attorneys at Brunvand, Wise & Farinella Law Group are here to help. Understanding Probation Conditions...

Understanding Florida’s Hate Crime Laws: A Guide for Potential Clients

by Brunvand, Wise & Farinella Law Group | Jun 4, 2024 | Criminal Law

In recent years, hate crimes have garnered significant attention due to their devastating impact on individuals and communities. Recognizing the harm caused by offenses motivated by bias or prejudice, Florida, like many other states, has enacted specific laws to address hate crimes. Here, we delve into Florida’s hate crime laws, exploring their purpose, scope, and implications for both victims and perpetrators. What Constitutes a Hate Crime in Florida? Under Florida law, a hate crime is defined as a criminal offense committed against a person or property that is motivated, in whole or in...

Legal strategies for defending federal money laundering charges

On Behalf of Brunvand, Wise & Farinella Law Group | Jun 4, 2024 | Criminal Law

Defending against federal money laundering charges requires a strategy approach. With a thorough understanding of the law and meticulous preparation, you can swing the odds in your favor. Challenge the prosecutor’s evidence First, you should aim to challenge the prosecution’s evidence. Federal money laundering cases rely on financial records, electronic communications, and witness testimonies. By scrutinizing these elements, you can identify gaps in their case. Prove lack of intent Money laundering and racketeering charges require the prosecution to establish that the defendant knowingly...

Are white collar crime sentences more severe than street crimes?

On Behalf of Brunvand, Wise & Farinella Law Group | May 29, 2024 | Criminal Law

White-collar crime refers to non-violent crimes that individuals or organizations commit in a professional setting. Examples include fraud, embezzlement, insider trading and tax evasion. On the other hand, street crimes usually involve violence or the threat of violence and include offenses like robbery, assault and drug dealing. Nature of harm When comparing the severity of sentences for white-collar crimes and street crimes, there are several factors to consider. One significant factor is the nature of the harm each type of crime causes. Street crimes often result in immediate physical...

What are the drug schedules?

On Behalf of Brunvand, Wise & Farinella Law Group | May 28, 2024 | Drug Charges

To determine a drug's use and its potential for abuse or medical use, the U.S. government created the Controlled Substances Act. The CSA categorizes drugs into different schedules, which, in turn, state the legal and medical status of the substances. Currently, the CSA defines drugs in schedules I through V. Schedule I drugs Schedule I drugs have the highest potential for abuse and no accepted medical use. Examples include heroin, LSD and ecstasy. The law determines these drugs unsafe even under medical supervision. Manufacturing, distributing and possessing Schedule I drugs can result in...

Challenging Breathalyzer Evidence in Your Florida DUI Criminal Case

by Brunvand Wise, P.A. | May 28, 2024 | Dui

Challenging Breathalyzer evidence in a Florida DUI case requires a nuanced understanding of the science behind these tests and the legal procedures involved. Breathalyzer tests are often pivotal pieces of evidence in DUI cases, as they provide a quantifiable measure of a driver's blood alcohol concentration (BAC) at the time of the traffic stop. However, these tests are not infallible and can be subject to various factors that may compromise their accuracy. Let's now discuss the complexities of challenging Breathalyzer evidence in your Florida DUI criminal case, examining common issues with...

Do Minors in Juvenile Criminal Cases Have the Same Constitutional Rights?

by Brunvand Wise, P.A. | May 23, 2024 | Criminal Law

When it comes to criminal proceedings involving minors, the process and rights afforded can be quite different from those in adult criminal courts. However, juveniles do enjoy many of the same constitutional protections as adults. If your child is facing allegations of delinquency in Tampa, Florida, understanding these rights is crucial. The criminal defense attorneys at Brunvand, Wise & Farinella Law Group are here to help you navigate this challenging time and ensure your child's rights are protected from the outset. Constitutional Rights Juveniles Share With Adult Criminal Defendants In...

The Plain View Doctrine in Florida Criminal Cases

by Brunvand Wise, P.A. | May 15, 2024 | Criminal Law

Navigating the Legalities of Evidence Seizure without a Warrant In the complex landscape of criminal law in Florida, the Plain View Doctrine stands as a crucial principle, especially concerning the seizure of evidence without a warrant. This doctrine, rooted in the Fourth Amendment, allows law enforcement officers to seize evidence that is in plain view during a lawful observation. Understanding the nuances and legal boundaries of this doctrine is essential for criminal defense attorneys in Florida, as it frequently plays a pivotal role in the admissibility of evidence in criminal trials....

Penalties for negligent arson in Florida

On Behalf of Brunvand, Wise & Farinella Law Group | May 13, 2024 | Arson

Arson charges are not restricted to those who intentionally set fire to buildings. Even a person who causes a fire on accident can face charges of arson by negligence In Florida, a conviction of negligent arson can result in severe consequences. Definition of negligent arson Negligent arson occurs when someone starts a fire or allows something to burn due to carelessness. The person does need to have had the intention to burn anything or even know that a fire was taking place. Penalties for negligent arson Florida statute Chapter 590, Section 28 explains penalties for negligent arson. If the...