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

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...

Expunging Your Criminal Record In Florida

by Brunvand Wise, P.A. | Sep 6, 2022 | Criminal Law

In some circumstances Floridians may have all legal records of their crime wiped from the official record. The expungement process is not widely known in the state of Florida, but it is available to those who have past crimes they would like to have removed from their record. Here’s what you need to know about expungement in Florida. Basics Expungement is the removal from public view the details of a criminal conviction. Essentially, if a court agrees to expunge the record of a crime, as far as non-government entities go, it’s as though the crime had never happened. Why Expunge? Individuals...

Search And Seizure In Florida, Part II

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

Last week we went over some of the limits the law places on police in Florida regarding searching and seizing the property of private individuals. This is the second part of that series, and we shall discuss other concerns and issues surrounding Florida’s search and seizure laws and what they mean for you. Reasonable Expectation Of Privacy Another situation in which law enforcement does not need a warrant to seize contraband is when the individual whose property is being searched does not have a reasonable expectation of privacy. The United States Supreme Court has interpreted the Fourth...

What should you do when sexual assault accusations against you become public?

On Behalf of Brunvand, Wise & Farinella Law Group | Aug 26, 2022 | Criminal Charges

Accusations of sexual assault can have a huge impact on your life. Despite the innocent until proven guilty process within the legal system, the court of public opinion does not operate the same way. Your employer can fire you. Your spouse can leave you. Your friends can write you off. If your situation becomes public, it can wreck your life even more. So, how should you handle it when the accusation against you becomes news? First and foremost The most important thing you need to do when you become a topic of public fodder is to be quiet. Do not say anything to anyone. If someone asks you...

Search And Seizure In Florida, Part I

by Brunvand Wise, P.A. | Aug 25, 2022 | Criminal Law

Florida’s law enforcement has many tools at its disposal for investigating crime. However, police and investigators have strict limits on what they may or may not do in the course of an investigation. Following is a discussion of police search and seizure and the authority and limitations law enforcement has in the state of Florida. Basics The root of police search and seizure limitations can be found in the Fourth Amendment to the Constitution, which reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall...

Where Do Florida’s Civil Rights Come From?

by Brunvand Wise, P.A. | Aug 18, 2022 | Criminal Law

Many Floridians talk about civil rights and how an individual’s civil rights may be violated from time to time. But where do these civil rights come from? Following is a discussion of the origin of American civil rights and what that means for you if you find yourself facing a civil rights violation in Florida. Basics In general, civil rights are recognized in one of two ways: Federal legislation, or federal court decisions. The Federal government establishes the basic set of civil rights that every American state must recognize. Although states may recognize more civil rights than the...

Can you defend yourself against DUI if the car accident caused a fatality?

On Behalf of Brunvand, Wise & Farinella Law Group | Aug 12, 2022 | Dui

Driving while under the influence of drugs or alcohol is illegal in Florida. A first offense is a misdemeanor, and while the punishments are strict they are not insurmountable. You would have an opportunity to continue your life. However, if your DUI accident caused a fatality everything is different. What is the charge if a DUI results in a fatality? If a DUI accident results in a fatality, it is DUI manslaughter. In Florida, a DUI manslaughter is a class 2 felony, and a conviction will send you to prison. Penalties also include substance abuse classes, huge fines and a suspended license,...

Lock Down Your Rights Upon Arrest In Florida

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

Being arrested in Florida is never fun. Even if you are ultimately not charged with a crime, being arrested is a scary, stressful event that is fraught with hazards. Following is a discussion of the civil rights every Floridian has when being arrested in Florida. Right To Remain Silent Perhaps the most critical right a person has upon arrest is the right to remain silent. Although a person may choose to speak with law enforcement while under arrest, the Fifth Amendment to the Constitution prevents the state from compelling a person to speak while in custody beyond providing...

Do you know about your right to remain silent?

On Behalf of Brunvand, Wise & Farinella Law Group | Aug 11, 2022 | Criminal Law

Your Miranda rights - or the Miranda warning - are something that you likely know even if you have never had a run-in with the law before. This is because of its prevalence in shows and movies featuring law enforcement. But how much do you actually know about your right to remain silent? If you were to end up in police custody, would you know how to protect yourself? Knowing your Fifth Amendment rights The United States Courts talks about your right to remain silent and all related information. First, you must know that you are actually protected at all times under the Fifth Amendment of the...