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

Miya’s Law – What You Need To Know About Florida’s Latest Criminal Background Check Law

by Brunvand Wise, P.A. | Jan 6, 2023 | Criminal Law

Every January, several new laws passed in the previous session of the Florida legislature go into effect. One of the more far-reaching laws that is now enforceable is one named after a Central Florida murder victim and will affect every apartment complex in the state. Originally identified as SB 898, the bill became more popularly known as Miya’s Law. Miya Marcano was a 19-year-old resident of Orange County when she was declared missing in late September 2021. Marcano was planning to make a trip to South Florida to visit family, but when she missed the flight she was to take to visit...

When is it legal to possess prescription drugs?

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 2, 2023 | Drug Charges

It is generally legal in Florida to possess prescription drugs if you obtained them through a valid prescription from a licensed professional. In other words, controlled substances that your doctor prescribes for you are legal for you to possess. However, allegations involving prescription drugs can be complex because these pharmaceuticals are illegal in some situations and legal in others. This contrasts with substances that are essentially always illegal for you to possess, such as methamphetamine, cocaine or heroin. Why are prescription drugs different? Prescription drugs have many of the...

Shoplifting In Florida – An Unfortunate Holiday Tradition

by Brunvand Wise, P.A. | Dec 28, 2022 | Criminal Charges, Criminal Law

The holidays are a time for family and for reflecting upon the year that is ending and the one that is to come. Unfortunately, the holidays are also a time for shoplifting in Florida, as shopkeepers typically report a rise in the crime around the holidays. According to Florida’s law enforcement community, shoplifting accounts for about a fifth of all larceny cases prosecuted in the state each year. Shoplifting in Florida is a serious crime with serious consequences for a conviction, so grab a cup of eggnog and learn what you need to know about shoplifting in Florida should you find yourself...

The Federal RICO Act: A Primer

by Brunvand Wise, P.A. | Dec 22, 2022 | Criminal Law

Federal law enforcement has several tools at its disposal for combating organized crime. Perhaps the most powerful tool it has is the Racketeer Influenced and Corrupt Organizations (RICO) Act. Here’s what you need to know about the Federal RICO Act if you find yourself charged with violating it in Florida. Signed into law by President Richard Nixon in 1970, the RICO Act provides for extended criminal penalties for crimes carried out as part of a larger criminal organization. In addition, RICO established a civil cause of action against those engaged in organized crime as well. ...

What is illegal stock promotion and manipulation?

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 19, 2022 | White Collar Crimes

Illegal stock promotion and manipulation is a type of securities fraud. It is sometimes called a "pump and dump" scam. This type of fraud involves an investor or group of investors promoting a stock that they hold and then selling their shares after the price goes up because of their endorsement. How does a pump-and-dump scam work? Scammers post messages on the internet encouraging investors to buy a stock based on fraudulent insider information. If the scam succeeds, the price of the stock will go up and the scammers will sell their shares. This causes the price to drop rapidly and usually...

Sex Offender And Sex Predator In Florida: What’s The Difference?

by Brunvand Wise, P.A. | Dec 16, 2022 | Criminal Law

Although the general public typically uses the phrases “sexual predator” and “sexual offender,” Florida laws recognize a difference between the two terms. Here’s what you need to know about the difference between sexual predators and sexual offenders in Florida. According to recent statistics, the number of sex crime convictions in Florida has risen by over half in the past fifteen years. Part of the reason for the rise is the increase in number and severity of sexual offenses on the books in the state. Among the sex crimes on Florida’s books are laws against Child pornography,...

Insurance fraud after a disaster leads to big problems

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 15, 2022 | Government Fraud

While Floridians got a break from hurricanes for three years, Hurricane Ian bit back with tremendous destruction. With onshore property losses estimated at approximately $42 billion, homeowners and insurance companies continue to swim in a sea of claims. For people who have fibbed a little, fraudulent claims affect more than people may think. The slippery side of insurance fraud In many cases, people do not simply decide to commit fraud. Dealing with the chaos of a natural disaster creates an urgency to get restitution. Even if people have a legitimate claim, a few wrong choices lead to a...

The Insanity Defense In Florida, A Deep Dive

by Brunvand, Wise & Farinella Law Group | Dec 7, 2022 | Capital Murder, Criminal Law

The insanity defense is an often-used trope in legal dramas, and it frequently makes the news when it is used in Florida and elsewhere. However, there is a good bit of nuance surrounding the use of the insanity defense in Florida that the media frequently does not capture. This is what you need to know about the use of the insanity defense in Florida. Generally speaking, the insanity defense is an affirmative defense, which means the defendant is admitting guilt but is arguing that they should not be held responsible for the crime because they did not understand the nature of their actions....

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....