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

DUI in Florida: When is it a felony?

On Behalf of Brunvand, Wise & Farinella Law Group | Oct 15, 2022 | Dui

Driving under the influence of alcohol is such a common charge that many people underestimate its significance. This is a grave mistake, as a DUI charge can have serious consequences. While most DUI charges are misdemeanor charges, there are certain circumstances in which Florida law classifies DUI as a felony. DUI resulting in serious injury or death If the alleged DUI incident results in an accident that causes death or serious bodily injury, you can be charged with a second or third-degree felony, even if you have no prior DUI convictions. Multiple offenses A third DUI offense within 10...

From Arrest To Trial – How A Crime Becomes A Criminal Charge, Part II

by Brunvand Wise, P.A. | Oct 11, 2022 | Criminal Charges, Criminal Law

Last week we looked at the process of charging individuals with crimes from arrest through the prosecutor’s part in the process. This week we will finish the discussion of the process, starting with the grand jury. Grand Jury When the prosecutor decides to go forward with a criminal charge, he or she has a choice in most states to file the complaint with the trial court or to present the case to a grand jury. In the federal system, felony prosecutions are required to go through a grand jury. The grand jury is a safeguard in the court system intended on preventing prosecutors from inventing...

Do you have to disclose your drug conviction on your FAFSA?

On Behalf of Brunvand, Wise & Farinella Law Group | Oct 6, 2022 | Drug Crimes

If you plan to attend college in 2023, you may be wondering how to pay for sky-high tuition and fees. Luckily, if you meet certain income requirements, you may qualify for government-backed financial aid. Indeed, according to the U.S. Department of Education, the federal government provides more than $112 billion in loans, grants and work-study funds to college-bound students every single year. Until a couple of years ago, having a drug conviction on your record often meant being ineligible for academic financial assistance from the federal government. Now, though, drug convictions do not...

From Arrest To Trial – How A Crime Becomes A Criminal Charge, Part I

by Brunvand Wise, P.A. | Oct 4, 2022 | Criminal Charges

Police procedurals and crime dramas are all over television these days. Such programs progress from crime, through investigation and trial, and end in conviction nicely and neatly in only 42 minutes. However, real life is not quite as neat and tidy as fiction. Below will be a discussion of the basics of an arrest and the decision to charge an arrested defendant in Florida and what you need to know if you find yourself arrested and facing charges. Overview Generally the process from arrest to trial consists of four basic steps Arrest and police report, indictment, preliminary hearing,...

What makes a drug offense federal vs. state?

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 30, 2022 | Drug Charges

It goes without saying that drug charges come in varying levels of severity based on the nature of the offense. Some offenses are misdemeanors while others are felonies, but there is also a marked difference between state-level drug offenses and federal offenses. Many drug crimes prosecuted at the federal level are severe felonies with harsh consequences. In the face of an impending drug charge, it is important to know whether the offense falls under state or federal jurisdiction. When is a drug crime a federal offense? Offenses may escalate to the federal level if they involve a...

Sex Offenses – An Overview

by Brunvand Wise, P.A. | Sep 29, 2022 | Criminal Law

Sex offenses come in a variety of flavors and carry many different penalties. Both Florida and federal laws have several sex offenses on the books that take into account a variety of factors. Following is a discussion of sex offenses in Florida and what the various state and federal laws say about sex offenses. State Laws Sex offenses are typically punished at the state level, and most states divide sex offenses up into five broad categories Sex crimes against other adults, sex crimes against children, sex crimes against nature, sex crimes against relatives, and sex crimes for sale. Sex...

What’s The Difference? Felonies, Misdemeanors, And Infractions Explained

by Brunvand Wise, P.A. | Sep 21, 2022 | Criminal Law

Not all crimes in Florida are the same. As the range of law violations span from parking tickets to murder, so too is the range of their severity and the repercussions they have upon a conviction. Following is a discussion of the various categories of crimes and what you need to know about them if you are facing criminal prosecution in Florida. Basics Crimes in Florida are broadly categorized into three groups: infractions, misdemeanors and felonies. Within those categories, crimes are broken down by degrees, and the degree of a particular crime determines the range of possible penalties....

How the pretrial stage works in a federal investigation

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 21, 2022 | Criminal Law

When someone in Florida who claims to have witnessed or been a victim of some type of federal offense notifies federal authorities, one of several federal law enforcement agencies may decide to investigate the matter further. The agency that is going to investigate the matter may depend on the nature of the offense. However, if the investigating agency believes there is enough evidence that a crime took place, it may place you under arrest. Per the Federal Bureau of Investigation, if the allegation is that you committed some type of white-collar crime, investigating authorities may need to...

Racketeering and the RICO Act – A Primer

by Brunvand Wise, P.A. | Sep 13, 2022 | Criminal Law, Drug Charges, Drug Crimes, White Collar Crimes

Many of us have seen on television courtroom dramas and in the news references to the crime of racketeering and the RICO Act that law enforcement utilizes to prosecute such acts. However, few people outside the legal community have a grasp on what precisely constitutes racketeering. Here’s what you need to know about racketeering in Florida. Definition Racketeering is not one individual or stand-alone crime. Rather, racketeering constitutes several crimes over a period of time. Federal laws define racketeering as a series of crimes that Affect commerce, are organized, and demonstrate a...

Penalties associated with violating the Anti-Kickback Statute

On Behalf of Brunvand, Wise & Farinella Law Group | Sep 8, 2022 | Criminal Charges

When you work as a health care provider in Florida, you agree to maintain certain ethics. You also agree not to accept “kickbacks,” or payments or other types of compensation in exchange for doing something health care-related for the paying party’s benefit. If you do so, you may be in violation of the Anti-Kickback Statute, and you may face serious penalties as a result. Per the U.S. Department of Health and Human Services Office of the Inspector General, the Anti-Kickback Statute is a federal law that prevents you from accepting cash, compensated hotel stays, free meals or other perks in...