Clearwater Criminal Defense Law Blog

How common are plea deals in federal court?

On Behalf of Brunvand Wise, P.A. | Apr 24, 2023 | Criminal Charges

If you are facing federal criminal charges, you are in good company. After all, federal prosecutors bring criminal charges against thousands of Americans every single year. Most criminal prosecutions end with plea deals, though. According to reporting from NPR, 98% of federal criminal prosecutions conclude with defendants agreeing to plead guilty. They do so often in exchange for less severe consequences. Even though federal plea deals are exceedingly common, you should think carefully before accepting one. What does the plea deal mean for you? For your guilty plea to be legally valid, you...

What constitutes a drug conspiracy?

On Behalf of Brunvand Wise, P.A. | Apr 21, 2023 | Criminal Charges

Federal drug charges come with steep consequences, but there are a number of aggravating circumstances that can harshen the potential penalties against you. One situation that can increase the gravity of your charges is if you stand accused of participating in a drug conspiracy. While you might feel that the odds are against you when facing accusations of furthering a drug conspiracy, there are options available to you. Give yourself the best chance at a favorable outcome by understanding the implications of a drug conspiracy charge and how you can defend yourself. What are drug conspiracy...

DUI Impairment In Florida – How YOU Can Be Charged Despite A BAC Below .08

by Brunvand Wise, P.A. | Apr 20, 2023 | Dui

Most Floridians understand that the crime of DUI (driving under the influence) is to operate a motor vehicle with a blood alcohol concentration (BAC) at or above .08. What many Floridians don’t know is that there are other ways to be charged and convicted with DUI in Florida under circumstances that occur when the defendant’s BAC is below .08. Following is a discussion of other ways to be convicted of DUI in Florida and what you need to know if you find yourself charged with DUI with a BAC of below .08. Under Florida law, a BAC of .08 is a presumptive limit. A presumptive limit is a limit...

Learn The Appeal Of Florida’s DUI Formal Review Hearing

by Brunvand Wise, P.A. | Apr 12, 2023 | Dui

Although it is never good to be charged with DUI in Florida, there is a mechanism that can help a person charged with drunk driving regain his or her driving privileges while the case makes its way through Florida courts. In Florida, a DUI arrest typically leads to a license suspension immediately after. Registering a blood alcohol content of 0.08 leads to a license suspension for a maximum of six months, while declining to submit to a test for blood alcohol content leads to a license suspension of up to 12 months. Typically, the defendant’s physical driver’s license card is seized by the...

Understanding tax fraud

On Behalf of Brunvand Wise, P.A. | Apr 10, 2023 | White Collar Crimes

Every year, taxpayers must navigate the complexities of the tax code to ensure they accurately report their income and deductions. While honest mistakes can happen, some actions cross the line into tax fraud. In this blog, we'll explore what constitutes tax fraud and highlight some common examples to help you avoid potential pitfalls. Common examples of tax fraud Tax fraud involves willfully and knowingly providing false information on a tax return with the intent to avoid paying the taxes owed. For example, failing to report all income received during the tax year, such as not disclosing...

Pleading To Criminal Charges In Florida – A Primer

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

In Florida, a defendant charged with a crime in criminal court may respond to those charges in a variety of ways. Here’s what you need to know about pleading in a criminal law case if you should ever find yourself facing criminal charges in Florida. Basics In Florida, there are four ways to respond to criminal charges: Not guilty, guilty, no contest, or silence. There are a variety of reasons to respond to criminal charges in any of those four ways, but Florida law restricts a criminal defendant to responding in only one of those ways. Not Guilty In Florida courts, “not guilty” is one of the...

Are there minimum sentencing rules for criminal offenses in Florida?

On Behalf of Brunvand Wise, P.A. | Mar 31, 2023 | Criminal Law

The state of Florida requires a judge to impose mandatory minimums in criminal sentencing. These laws limit a judge’s discretion as a way to mandate harsher consequences for repeat violent offenders, as well as those with violations of house arrest or probation. Mandatory sentencing varies according to the type of crime, with some seen as more serious. The three broad categories of serious crime are gun, sex and drug crimes with certain crimes within these types carrying a mandatory minimum sentence. Gun crimes With gun crimes, it is certain crimes committed using or possessing a firearm...

Florida DUI Laws In 2023 – What You Need To Know Now!

by Brunvand Wise, P.A. | Mar 29, 2023 | Dui

Florida’s DUI laws change from time to time, so knowing exactly what the law says about drunk driving in 2023 is important for everyone on the road, whether they make the unfortunate choice to drive drunk or not. Here’s part 2 of what you need to know about Florida’s DUI laws in 2023. Aggravated DUI Although the penalties for DUI are harsh, they get harsher in some cases. If you are found to have had a BAC of 0.15% or higher, or there was a minor passenger in the car at the time of the DUI, it becomes an aggravated DUI. The penalties there are as follows. First Offense – Fine of between...

What is wire fraud?

On Behalf of Brunvand Wise, P.A. | Mar 27, 2023 | White Collar Crimes

When dealing with matters of fraud, the terms "wire fraud" and "mail fraud" often come up. These are two of the most common types of fraud schemes, after all. But what is wire fraud in particular? How does it differ from mail fraud and what are the penalties associated with it? Wire fraud vs. mail fraud The Department of Justice discusses wire fraud as a crime. Wire fraud and mail fraud essentially serve the same purpose: to utilize a means of communication in order to defraud an individual. Defrauding someone is the intentional separation of that person from their assets or their access to...

Florida DUI Laws In 2023 – What You Need To Know Now!

by Brunvand Wise, P.A. | Mar 22, 2023 | Dui, Vehicular Crimes

As laws are always changing in Florida, it never hurts to brush up on changes to the laws that may affect you. And, as a driver in the state of Florida, it pays to know exactly what DUI laws are on the books before you get behind the wheel. This is what you need to know in 2023 about Florida’s DUI laws. Definition Per Florida’s driver handbook, driving under the influence (DUI) is when a driver is “found to be driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, controlled substances, prescriptions, or over-the-counter medications.” In...