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

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...

Don’t Go Overboard With Excessive Bail In Florida!

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

Every Floridian is guaranteed to be free from given excessive bail when being held for trial. But what exactly does that mean? The following article will examine the Excessive Bail Clause of the Eighth Amendment to the United States Constitution and what it means for you if you find yourself charged with a crime in Florida. The prohibition against excessive bail has its roots in English common law, beginning with the Petition of Right of 1628 that held that the king did not have the right to hold individuals in custody without bail. The Habeas Corpus Act of 1679 closed many loopholes...

Exceptions To The Warrant Requirement For Government Search and Seizure In Florida

by Brunvand Wise, P.A. | Feb 1, 2023 | Criminal Law

One of the several rights guaranteed to Floridians (and everyone within the jurisdiction of the United States) by the Fourth Amendment to the Constitution is the right to be free of unreasonable searches and seizures by government actors. But what does that really mean? Here’s what you need to know about your right against unreasonable search and seizure in Florida. The Fourth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. It reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against...

What do your Miranda rights protect?

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 30, 2023 | White Collar Crimes

When dealing with the possibility of a police interview or interrogation, it is more important than ever to understand your Miranda rights. Though you may have heard of them in passing before, do you actually know what they protect? Protection from interrogations Miranda Warning discusses how important it is to utilize your Miranda rights. First of all, what do your Miranda rights protect? Most obviously, they protect your right to remain silent. In police movies and television shows, this is always one of the primary focuses. But what exactly does this mean? In short, it means that the...

Understanding the 3 types of burglary in Florida

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

Burglary is a felony offense in Florida. Florida Statutes define burglary as "entering or remaining in a dwelling, structure or conveyance with the intent to commit an offense therein...." In keeping with this definition, Florida classifies burglary under three categories: dwelling, structure and conveyance. 1. Burglary of dwelling A dwelling is a residential property. Burglary of a dwelling is a first-degree felony if the offender commits assault or battery inside the residence, possesses a dangerous weapon or explosive, or causes $1,000 or more in damage to the property. Burglary of a...

The Confrontation Clause And What It Means For You

by Brunvand Wise, P.A. | Jan 25, 2023 | Criminal Law

Although many only think of the right to counsel when discussing the Sixth Amendment to the Constitution in Florida, the amendment protects several other rights of accused persons. Among them is the right to confront witnesses who have been called to testify against a defendant in a criminal prosecution. The roots of the right to confront witnesses are indeed deep. One of the earliest mentions in Western culture of that right is made in the Christian Bible’s book of Acts, which cites Roman governor Porcius Festus as recognizing that a man charged with a capital crime has the right to...

The Sixth Amendment And The Right To Counsel In Florida

by Brunvand Wise, P.A. | Jan 20, 2023 | Criminal Law

The Sixth Amendment to the Constitution guarantees that those charged with a crime in the jurisdiction of the United States will have the option to be represented by counsel even if they cannot afford to hire an attorney. But what does that really mean in Florida? Let’s look at the rights related to criminal prosecution in Florida and what you need to know if you should ever find yourself in such a prosecution. The Sixth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. The text of the amendment is as follows: “In all criminal prosecutions,...

Is there a difference between drug distribution and trafficking?

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 16, 2023 | Drug Crimes

Anyone who has dealt with the justice system understands that prosecutors can present a complicated range of charges to get a harsher sentence. As the number of arrests for federal drug offenses increases, defendants who struggle with the use of controlled substances may worry about the types of charges. These concerns raise the issue of if there is any difference between drug distribution and drug trafficking. Drug trafficking Authorities generally consider trafficking the more serious charge. This offense most often refers to carrying a drug across state lines, which is what the federal...

Your Search for Information About Florida’s Warrant Requirement Ends Here!

by Brunvand Wise, P.A. | Jan 11, 2023 | Criminal Law

One of the guarantees in the Bill of Rights is that law enforcement may not enter one’s home or invade one’s personal papers and belongings without a search warrant. But what really does that mean in Florida? What follows is what you need to know about the search warrant requirement in Florida. Basics The Fourth Amendment to the Constitution was ratified in 1791 and reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,...