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

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...

What is the difference between tax fraud and tax evasion?

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 22, 2023 | Government Fraud

Every year Americans file personal and business income taxes with the Internal Revenue Service (IRS). The process is often time-consuming and complicated and often results in large sums of money due to the IRS. Whether people do not have the money to pay the bill or do not want to pay taxes, it is illegal to avoid paying taxes. Depending on the circumstances, the crime may be tax evasion or other types of tax fraud. Tax fraud includes many different crimes Fraud is the general term used to describe the criminal activities that lead to the avoidance of paying taxes. Some different types of...

The Miranda Warning in Florida, Part 1

by Brunvand Wise, P.A. | Feb 21, 2023 | Criminal Law

One of the staples of police television shows is the reading of the Miranda warning to an individual who is being arrested. Most Americans can probably recite the Miranda warning by heart, but few truly understand what the Miranda warning actually is and does. The following is a discussion of Miranda rights in Florida and what you need to know if you find yourself being read the Miranda warning by law enforcement. The rights referred to as Miranda rights are first mentioned in American jurisprudence in the Fifth Amendment, which reads as follows: “No person shall be held to...

What You Need To Know About Cruel And Unusual Punishment In Florida

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

The Bill of Rights guarantees Americans the right to not be subject to cruel and unusual punishment. But what does the term “cruel and unusual” mean? Today we shall explore the right to be free from cruel and unusual punishment in Florida and what you need to know if you find yourself facing criminal sanction in Tampa courts. The phrase “cruel and unusual punishment” originated in the English Bill of Rights in 1689, over a century before they were used in the Eighth Amendment to the US Constitution. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel...

When is it a crime to shop for doctors?

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 13, 2023 | Drug Crimes

Your professional relationship with your physician is undoubtedly one of the most important ones you have. After all, you must be able to discuss sensitive matters with your doctor, often when you are not feeling well. If your doctor-patient relationship is not working, it might be time to find a new physician. With few exceptions, you probably are free to interview as many doctors as you want. Still, if you engage in certain activities, seeing more than one physician might violate the law. That is, you may be guilty of doctor shopping. What is a controlled substance? Thanks to modern...