Florida Criminal Defense Blog | Brunvand Wise, P.A.

Should you accept that plea bargain?

On Behalf of Brunvand Wise, P.A. | Aug 13, 2023 | Criminal Law

Plea bargains provide an avenue for the settlement of a criminal charge without the spectacle of a trial. When you face criminal charges, you might receive an offer from the prosecution for a plea deal. Most plea deals offer a reduced sentence or lesser charge in exchange for your guilty plea. Consider that plea offer and the ramifications of your decision carefully before you accept or refuse it. Should you accept a plea bargain? You may believe that prosecutors only offer a plea bargain when their case is weak or circumstantial. That often leads people to decline a plea offer on the belief...

Hold On – What is a Nebbia Hold in Florida?

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

One of the integral parts of the arrest process in Florida is the bond process, in which a defendant may post a certain amount of money with the court in exchange for being released from custody until trial. However, the state may complicate that process with certain procedures and hurdles that only an experienced attorney can navigate. Following is a discussion of the Nebbia Hold and how it may affect you if you are in custody in Florida. Basics The US Constitution guarantees those in police custody the right to be free from excessive bail under the Eighth Amendment, which was adopted in...

Criminal Records In Florida – A Primer

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

A conviction in Florida is a life-altering event. But just how far do the ramifications of being convicted of a crime in Florida really go? This article will delve into the effect a criminal conviction has upon an individual in Florida and what you need to know if you are convicted of a crime in the Sunshine State. Basics In general, Florida law recognizes three levels of criminal charges, namely Infraction, Misdemeanor, and Felony. An infraction is the least serious category of crime in Florida. These include traffic violations and are usually only punishable by a small fine. Infractions...

What qualifies as a sex crime in Florida

On Behalf of Brunvand Wise, P.A. | Jul 28, 2023 | Criminal Law

According to the Department of Justice, sexual crimes happen approximately every 93 seconds across the United States. These offenses involve non-consensual sexual conduct or illegal sexual activities. Because of the seriousness of the crimes and the lasting effects on the survivors, strict penalties often follow these crimes. Understanding what constitutes a sex crime in Florida can help prevent such acts and contribute to a safer community. Sexual assault and battery One individual committing a non-consensual sexual act against another constitutes sexual assault and battery. This ranges...

What is the most common white-collar crime offense?

On Behalf of Brunvand Wise, P.A. | Jul 28, 2023 | White Collar Crimes

White-collar crime refers to non-violent crimes with financial motivations. Fraud is the most common of the many white-collar crimes, with consumers losing billions of dollars a year as a result. Part of the prevalence of fraud charges stems from the broad scope of the phrase. What constitutes fraud? Fraud is a blanket phrase used to refer to a variety of crimes. Fraud encompasses incidents such as identity theft, theft by deception, forgery and hacking. Investment and imposter scams are some of the most widespread forms of fraud. Technology has made many types of fraud easier than ever,...

DUI And Miranda Warnings In Florida

by Brunvand Wise, P.A. | Jul 27, 2023 | Criminal Law, Dui

Driving Under the Influence (DUI) prosecutions in Florida are serious business, as the repercussions of a conviction have very important short- and long-term ramifications. One of the aspects of a DUI arrest in Florida that can make or break a prosecution is whether the defendant was properly advised of his or her rights at the time of arrest. This article will explore the importance of the Miranda warnings in DUI prosecutions and what you need to know if you find yourself being arrested for DUI in Florida. In every arrest in Florida, law enforcement is obligated to advise the arrestee of...

A Short Trip Through The Law Against Driving On A Suspended License In Florida

by Brunvand Wise, P.A. | Jul 19, 2023 | Criminal Law, Vehicular Crimes

Driving on a suspended license in Florida is no joke. Whether done accidentally or intentionally, driving while your license is suspended can lead to significant consequences if you’re caught doing so by Florida’s law enforcers. This article will take a deep dive into Florida’s laws against driving with a suspended license and what you need to know if you find yourself facing such a charge in this state. Basics Florida Statute 322.34 outlines the crime of driving with a suspended license. In a nutshell, driving with a license that is Cancelled, Suspended, or Revoked Is a violation of the...

Mitigating the consequences of drug crimes on your future

On Behalf of Brunvand Wise, P.A. | Jul 14, 2023 | Drug Crimes

Drug crimes can have a serious impact on your life including your ability to get a job and continue your education. However, with the right help, you can drastically improve your chances of overcoming your current situation so you can live a successful life. Knowing how to mitigate the consequences of your crimes may alleviate some of the repercussions. Your diligence in finding solutions might give you the advantage of taking back control of your life. Participate in a rehabilitation program Drug addiction could cause you to re-offend more than once. According to the Substance Abuse and...

Review The Appellate Process In Florida

by Brunvand Wise, P.A. | Jul 12, 2023 | Criminal Law

A criminal conviction is definitely not what any criminal defendant in Florida wants. However, a conviction in trial court is not necessarily the end of the process. This article will discuss the appellate process in Florida and what you need to know if you find yourself appealing a criminal conviction from a Florida court. Basics An appeal is different than a trial in Florida. The purpose of the appellate process is to review the actions of the attorneys and the judge at the trial court and determine what, if any, mistakes were made during trial. As a result, no new evidence or new witness...

Don’t Get Carried Away By Federal Extradition Laws!

by Brunvand Wise, P.A. | Jul 5, 2023 | Criminal Law

Extradition in the United States is a simple idea with a complex execution. Today we shall discuss extradition in the US and what you need to know should you find yourself in the midst of US extradition proceedings in a Florida court. In a nutshell, extradition is the process by which an individual is transferred from one jurisdiction to another for the purpose of prosecution or to serve a sentence handed down by a court in that jurisdiction. The laws governing US extradition may be found in the various treaties the US has with other countries. The treaties define the crimes for which...