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

We’re Not Holding Back About Withhold Of Adjudication

by Brunvand Wise, P.A. | May 16, 2023 | Criminal Law

In Florida, many criminal cases end in either a finding of guilt, a plea agreement, or an acquittal. However, these are not the only conclusions of a criminal case that are possible under Florida law. Today we will examine withhold of adjudication or adjudication withheld in Florida and what you need to know if it is an option in your situation. Under Florida law, a defendant may be eligible for withhold of adjudication if he or she enters a plea or is convicted of an offense. Upon sentencing, a judge may choose to impose a sentence that does not include a conviction by imposing a withhold...

Here Is The Last Word In Florida Criminal Sentences

by Brunvand Wise, P.A. | May 10, 2023 | Criminal Law

Criminal sentencing in Florida is a complex topic that few non-lawyers (and even some lawyers) don’t fully understand. This article will discuss a few of the complexities of criminal sentences in Florida and what you need to know if you find yourself being sentenced for a crime in Florida. In general, the sentencing ranges for criminal convictions in Florida are as follows: Second degree misdemeanor: up to 60 days in jail First degree misdemeanor: up to one year in jail Felony of the third degree: up to five years in prison Felony of the second degree: up to 15 years in prison Felony of the...

What is Medicare fraud?

On Behalf of Brunvand, Wise & Farinella Law Group | May 8, 2023 | Criminal Law

Millions of Americans in the U.S. receive healthcare coverage through Medicare, which is the federal health insurance program for those who are over the age of 65. Although this federal program provides a necessary service to many, the Medicare program is the target of fraud on a regular basis. According to CNBC, Medicare fraud in the U.S. totals an estimated $100 million on an annual basis, but some suspect this number is much higher. This type of fraud occurs when someone receives payment or receives a higher payment than he or she should by deceiving the Medicare system. Examples of...

Don’t Go It Alone If You Choose To Plead Guilty To A Crime In Florida

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

In Florida, those charged with the commission of a crime are entitled to be represented by an attorney during the trial, and those who cannot afford an attorney may obtain one from the public defender’s office at no cost to them. However, attorney representation is not required, and many Florida defendants enter a guilty plea without engaging an attorney at all. Pleading guilty without first consulting a Florida attorney is nearly always a mistake. What follows is an examination of the reasons why you need a competent Florida criminal law attorney even if you plan to plead guilty. Pleading...

What You Need To Know About Florida’s New Permitless Concealed Carry Law

by Brunvand Wise, P.A. | Apr 26, 2023 | Gun Crimes

Earlier this month, Florida Governor Ron DeSantis signed into law a bill that removes the requirement for obtaining a permit to carry a concealed firearm. But what does that mean for average Floridians? Here’s what you need to know about Florida’s new firearms law. On April 3, Governor DeSantis signed House Bill 543. This new law will go into effect on July 1 and it legalizes the carrying of a concealed weapon without a permit as long as all other firearms laws are followed, including those involving who may or may not own a gun. Although a permit to carry a firearm is no longer needed, it...

How common are plea deals in federal court?

On Behalf of Brunvand, Wise & Farinella Law Group | 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 & Farinella Law Group | 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 & Farinella Law Group | 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...