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

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 & Farinella Law Group | 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 & Farinella Law Group | 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...

What You Need To Know About Florida’s Stop And Frisk Law

by Brunvand Wise, P.A. | Mar 14, 2023 | Criminal Law

In law enforcement work, there is a kind of “Twilight Zone” between an arrest and a voluntary interaction with an individual. In that zone lives the practice of “stop and frisk.” Here’s what you need to know if you find yourself subject to a stop and frisk interaction with Florida law enforcement. Fourth Amendment In the Fourth Amendment to the Constitution, individuals dealing with the government have the right to be free from unreasonable searches and seizures. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,...

Must you forfeit your assets after a drug trafficking conviction?

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

There is no doubt that a federal drug trafficking conviction results in serious penalties. Not only do you face a minimum 10-year federal prison sentence, but also a $5 million fine and forfeiture of any of your assets directly related to the crime. Per the U.S. Department of Justice, the purposes of forfeiture are threefold as follows: To deprive you of the proceeds of your crime To recover property with which to compensate crime victims and act as a deterrent against similar crimes To financially curtail the profits of organized crime syndicates and drug cartels How forfeiture works In a...

Take The Fear Out Of Federal Terrorism Laws

by Brunvand Wise, P.A. | Mar 9, 2023 | Criminal Law

Terrorism has been a concern in the United States for many years. Starting with the attacks on the World Trade Center in 2001, lawmakers have paid especial attention to the crime, crafting several federal terrorism statutes in the two decades since. What follows is what you need to know about federal terrorism laws if you should ever find yourself charged with federal terrorism crimes in Florida. One of the main federal terrorism laws is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, known...

The Miranda Warning in Florida, Part 2

by Brunvand Wise, P.A. | Feb 28, 2023 | Criminal Law

Last week we discussed the history of the Miranda warning and the mechanics of how it is employed in Florida. In this second part we will explore the rights that are referenced in the Miranda warning and what they mean for you if you find yourself being read the Miranda warning in Florida. The Miranda warning in Florida is generally as follows: You have the right to remain silent. Anything you say can and will be used against you in a court of law You have the right to talk to a lawyer and have him present with you while you are being questioned If you cannot afford to hire a lawyer, one...

Does Florida have a Romeo and Juliet law?

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 27, 2023 | Criminal Law

High schools in Florida and around the country can be funny places, as students who are as young as 13 might commingle with those who are 18. This can lead to romantic relationships between teens and those who are legally adults. If relationships are sexual in nature, prosecutors might charge 18-year-old students with statutory rape. Under Florida law, it is illegal for a person who is 18 or older to have sex with someone who is under the age of 18. If a young adult is facing prosecution for statutory rape, though, the state's Romeo and Juliet law might provide some relief. What does the...