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

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,...

5 unintentional actions that can lead to tampering charges

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 13, 2023 | Criminal Law

Facing criminal charges is a daunting experience in itself, which makes avoiding extra charges important. In some instances, even unintentional actions can inadvertently lead to tampering with evidence. Regardless of intent, that can result in severe legal consequences. 1. Deleting digital files In today's digital age, it is easy to unintentionally delete or alter electronic records that could be relevant to a case. Deleting text messages, emails, or files without realizing their significance can lead to accusations of evidence tampering. 2. Discussing the case on social media Posting about...

The Role of the Interstate Compact for Adult Offender Supervision (ICAOS) in Criminal Justice

by Brunvand Wise, P.A. | Sep 13, 2023 | Criminal Law

The U.S. criminal justice system comprises many elements, each designed to serve specific roles. One of these essential components is the Interstate Compact for Adult Offender Supervision (ICAOS). As a binding agreement among all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands, ICAOS plays a pivotal role in the management and supervision of adult offenders who move across state lines. Historical Background To understand the significance of ICAOS, we must look back to its predecessor - the original interstate compact established in 1937. This agreement was informal...

Demystifying the Money Laundering Control Act

by Brunvand Wise, P.A. | Sep 5, 2023 | Criminal Charges, Criminal Law, White Collar Crimes

Money laundering is a global crime, which led to the passage of the Money Laundering Control Act (MLCA) in 1986. In this article, we'll unravel the intricacies of this legislation, shedding light on its definition, statutes, federal legal process, potential penalties, available defenses, and the indispensable role of private attorneys in navigating this complex terrain. Understanding Money Concealment At its core, money laundering involves obscuring the origins of unlawfully obtained funds by routing them through diverse financial channels, effectively transforming 'dirty' money into...

Intent in Florida Law: A Breakdown

by Brunvand Wise, P.A. | Aug 30, 2023 | Criminal Law

An element of nearly every law in Florida is criminal intent. Though important, few laypeople grasp how criminal intent works in Florida. Following is a deep dive on the topic of criminal intent in Florida and what you need to know about it if you find yourself charged with a crime in Florida courts. Basics Criminal intent is a concept that has a long history in English common law. Current English law defined criminal intent in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence." As a general proposition, intent is Foreseeing that a consequence will happen if...