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

What should you know about telemarketing fraud?

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 2, 2022 | White Collar Crimes

Telemarketing fraud is an ongoing problem today that affects far too many people. In an attempt to deal with this issue, Florida laws crack down on telemarketing fraud very heavily. It is important to understand these laws at their basics, as well as the potential penalties that people may face for engaging in telemarketing fraud. Defining telemarketing fraud Florida Department of Agricultural and Consumer Services discusses telemarketing fraud. First, what is it? This is a type of fraud that utilizes the phone as a core component of communicating with potential fraud victims. The goal of...

Can prison time be avoided in a federal drug crimes case?

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 1, 2022 | Criminal Law

Federal drug offenses have unique circumstances in comparison with other violations. Penalties for federal crimes tend to be more severe than those that state courts levy. When an individual runs afoul of the law in a federal drug case, the person rightly wonders if it is possible to avoid stringent penalties, such as prison time. Types of charges Federal drug laws fall under Title 21 of the United States Code, which categorizes controlled substances into five schedules. The Drug Enforcement Agency assigns schedules based on the potential for addiction and how dangerous the narcotic is....

The Appellate Process In Florida: What You Need To Know, Part II

by Brunvand Wise, P.A. | Nov 30, 2022 | Criminal Law

As we discussed last week, Florida’s appellate process is not nearly as visible to the general public as the trial courts are, but they are no less important. Here’s what you need to know about the appellate process in the state of Florida. Once the appellant has filed a notice of appeal with the trial court, the trial court will assemble the trial court record for the appellant. The record are papers and documents filed with the trial court as well as the transcript of the trial. The appellant has ten days after filing notice of appeal to request or exclude specific items from the clerk of...

Florida’s Appellate Process: A Primer

by Brunvand Wise, P.A. | Nov 23, 2022 | Criminal Law

Although the activities of trial courts in Florida tend to be the most visible, there are higher courts that may review a case and make important decisions that affect its participants. Following is a discussion of what you need to know about Florida’s appellate process. An appeal is a review of the decisions made by a lower court in order to discover whether a harmful legal error was made. Though an error may be discovered, the appellate court is not likely to act on it unless it finds that the error affected the case’s outcome. Appeals are only made to review errors in decisions about the...

Finding a job when you have drug charges on your record

On Behalf of Brunvand, Wise & Farinella Law Group | Nov 17, 2022 | Drug Charges

Coming away from your involvement with drugs and rebuilding your future can feel isolated. You might wonder if you can ever achieve goals like regaining others' trust or getting a job. Securing employment is a great start in your plan to improve your life. Knowing how to approach interviews with confidence may increase your chances of a successful outcome. Seek treatment Drug addiction can drag you down and prevent you from living a normal life. According to U.S. News, studies show that addicts who receive treatment during incarceration are less likely to re-offend. Even if you cannot access...

Don’t Get Caught With Your Pants Down About Indecent Exposure Laws In Florida!

by Brunvand Wise, P.A. | Nov 15, 2022 | Criminal Charges, Criminal Law

Most US jurisdictions have laws relating to indecent exposure, and Florida is no exception. Although the idea behind indecent exposure laws is relatively straightforward, there is still some nuance in the statute that is not necessarily intuitive. What follows is what you need to know about indecent exposure laws in Florida. Basics In general, indecent exposure laws in Florida prohibit the display, exposure, or exhibition of one’s sex organs in a place that is public or where it might be viewed by someone who is in public. Under state law, the display must have been made...

Get Schooled On Mandatory Alcohol Education In Florida

by Brunvand Wise, P.A. | Nov 10, 2022 | Dui

A DUI conviction in Florida typically leads to several consequences and penalties for the defendant. One of the lesser-known consequences in Florida is mandatory alcohol education, which is sometimes colloquially known as “DUI school.” Here’s what you need to know about mandatory alcohol education in the state of Florida. In general, DUI school is substance abuse counseling that is focused upon teaching students the consequences of drunk driving and ways in which to prevent driving drunk in the future. Different classes discuss the subject in different ways, but ultimately the emphasis is on...

What is the effect of natural disasters on crime?

On Behalf of Brunvand, Wise & Farinella Law Group | Nov 9, 2022 | Criminal Charges

In the aftermath of natural disasters, it seems as though the area of devastation goes through a period of virtual lawlessness. But does the amount of crime after a natural disaster actually increase? Do only certain crimes increase, or is the entire thing actually lacking in any substantial evidence? Ties between natural disaster and crime War On The Rocks discusses the impact on crime levels due to natural disasters. Hurricane Ian serves as one of the most recent examples, in which many people lost a great deal to the hurricane itself. Others lost even more in the aftermath. In certain...

Don’t Get Left Behind By Florida’s Vehicle Impoundment Laws

by Brunvand Wise, P.A. | Nov 2, 2022 | Dui

One of the more tedious aspects of dealing with a DUI in Florida is getting your car out of police custody after it has been impounded. Following is a discussion of car impounding in Florida and what you need to know about the process if you ever find yourself facing a DUI arrest and prosecution in Florida. Florida is among the many states that impounds the vehicles of those arrested for DUI. From a policy perspective, the goal of vehicle impoundment in Florida is to deter future DUI offenses by removing the defendant’s vehicle from his or her possession. Although some states have...

Not Just Any DUI – What You Need To Know About Aggravated DUI In Florida

by Brunvand Wise, P.A. | Oct 28, 2022 | Dui

Although a driving under the influence (DUI) conviction can come with some heavy penalties, in certain cases the penalties may be even more severe. In such cases, the law prescribes harsher penalties under its “aggravated DUI” laws. Here’s what you need to know if you ever find yourself charged with aggravated DUI. Aggravating Factors Under Florida law, several aggravating factors exist that may increase the penalty for a DUI. For instance, as the legal blood alcohol content (BAC) is 0.08%, driving with a BAC of 0.15% or above is classified as aggravated DUI and may lead to a jail sentence...