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

Navigating Probable Cause in Florida: A Primer for Traffic Stops

by Brunvand Wise, P.A. | Oct 25, 2023 | Criminal Charges, Vehicular Crimes

Probable cause serves as the legal bedrock that safeguards citizens from unjust arrests and unwarranted searches, playing a pivotal role in the realm of traffic stops. Understanding the essence of probable cause and its constitutional underpinning is fundamental not only for law enforcement officers but also for every driver on the road. This article delves into the concept of probable cause, its constitutional basis, and its practical application in traffic stops, particularly in the state of Florida. Understanding Probable Cause Probable cause is encapsulated as a reasonable belief based...

Understanding Assault vs. Aggravated Assault in Florida

by Brunvand Wise, P.A. | Oct 18, 2023 | Criminal Charges

In Florida, the terms "assault" and "aggravated assault" are often used interchangeably, but they refer to distinct criminal offenses with varying degrees of severity and potential punishments. Both involve the intent to cause harm, but the circumstances and elements of each crime differ. Understanding these differences is crucial, especially if you or a loved one faces charges. Defining Assault in Florida At its core, assault is the intentional act of making someone fear imminent harm. It's essential to note that physical harm doesn't need to occur for an assault to be charged. The mere...

What to Do When Facing Criminal Charges in Florida: Understanding Your Plea Options

by Brunvand, Wise & Farinella Law Group | Oct 12, 2023 | Criminal Law

If you or a loved one ever face criminal charges in Florida, one of the first decisions you'll need to make is how to plead at your arraignment. While most people are familiar with the terms "guilty" and "not guilty," the full array of plea options in Florida might surprise you. Types of Pleas in Florida's Criminal Justice System When arraigned in Florida, a defendant has four primary plea options: Not Guilty Guilty No Contest (Nolo Contendere) Remain Mute Each of these pleas carries significant implications, and it's crucial to understand their nuances before deciding how to proceed. Often,...

The most common types of financial crime in Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Oct 11, 2023 | Criminal Law

Financial crimes have become pervasive in society, causing significant losses and distress to individuals and businesses alike. In Florida, a hotspot for tourism and economic activity, financial crimes are unfortunately not an exception. In 2020, overall crime dropped by 14.1%, according to the Florida Department of Law Enforcement, but certain crimes continue to be a problem. One of these is financial crimes. Financial crimes are common due to the transient nature of the population. Identity theft Identity theft is a prevalent financial crime in the Sunshine State. It occurs when someone...

What are mitigating circumstances in criminal defense?

On Behalf of Brunvand, Wise & Farinella Law Group | Oct 11, 2023 | Criminal Law

When someone stands accused of a crime, the legal process can be complex and challenging to navigate. One particularly noteworthy aspect of any criminal defense is the possibility of mitigating circumstances. These factors can turn the tables when determining the outcome of a case. Mitigating circumstances can even reduce the severity of penalties or lead to a more favorable verdict. What are mitigating circumstances? Mitigating circumstances are factors that can lessen the severity of a crime or the associated punishment. They can establish that the defendant should receive a more lenient...

Why Double Jeopardy Matters in Criminal Defense Law: A Deep Dive into Florida and Federal Criminal Cases

by Brunvand Wise, P.A. | Oct 4, 2023 | Criminal Law

The legal arena is replete with principles designed to maintain justice. Among these principles, double jeopardy stands tall, ensuring that individuals are not unfairly tried twice for the same crime. As you venture deeper into the world of criminal defense law, particularly in Florida, it becomes evident just how vital this rule is. Historical Context From the vestiges of ancient Greek and Roman civilizations, the principle of double jeopardy emerges as a beacon of fairness. It found its firm footing in American jurisprudence through the Fifth Amendment of the U.S. Constitution, which was...

Federal drug crime sentencing guidelines

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 30, 2023 | Drug Crimes

Established sentencing guidelines play a central role in the United States legal system. These guidelines determine the penalties individuals convicted of drug-related offenses may face. Sentencing guidelines significantly impact the lives of those involved in drug-related criminal activities. Being familiar with federal drug crime sentencing guidelines can help accused individuals prepare an adequate defense. The base offense level The first step in applying federal drug crime sentencing guidelines is determining the base offense level. This level is primarily based on the type and quantity...

Arrested for BUI in Florida? Understanding the BUI Process

by Brunvand Wise, P.A. | Sep 26, 2023 | Dui, Vehicular Crimes

Navigating the blue waters of Florida can be a thrilling experience, but it's crucial to ensure safety and adhere to the state's boating under the influence (BUI) laws. Boating under the influence in Florida is a serious offense with hefty penalties that can have lasting effects on an individual's life. If you are a boating enthusiast or someone who loves spending time on Florida's waterways, understanding the BUI process is essential. Florida BUI Laws and Statutes Florida's vast waterways and picturesque weather are a haven for boaters. However, the state is stringent about BUI...

What to do when accused of an online sex crime

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 25, 2023 | Criminal Charges

Being accused of online sex crimes is a serious and distressing situation. Conviction for charges of online sex trafficking, sextortion or child pornography could result in years of prison time. Taking the right steps in this situation may increase the chances of a favorable outcome in your case. Remain calm and seek emotional support Facing accusations of online sex crimes can be emotionally overwhelming. Reach out to close loved ones or support groups for emotional help during this challenging time. You may also want to find a therapist who can advise you. Avoid discussing the case Do not...

Understanding Florida Racketeering Laws: A Comprehensive Guide

by Brunvand Wise, P.A. | Sep 19, 2023 | Criminal Law, White Collar Crimes

In Florida, the law takes a strict stance against criminal activities that are organized and continually perpetrated to achieve illegal financial gains. This is especially true when it comes to racketeering. Inspired by the federal RICO Act, Florida's Racketeering laws have been designed to ensure that criminal enterprises, and those involved in them, are brought to justice. What is Racketeering in Florida? When most people hear the term 'racketeering,' they might think of old-timey gangsters and mob bosses. In reality, the term, as per Florida's statutes, refers to the act of committing,...