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

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...

What to do if you face PPP fraud allegations

On Behalf of Brunvand, Wise & Farinella Law Group | Aug 5, 2022 | Criminal Law

As a business owner, recent world events may have impacted your ability to cover certain expenses, such as payroll, for a short period of time. Due to this, your operation may have obtained funds from the Paycheck Protection Program. According to the U.S. Treasury, this program provides businesses with funding to cover up to eight weeks of payroll expenses or other approved business expenses, such as utilities, mortgages and rent. If your business faces allegations for misusing the funds disbursed through the PPP, there are certain steps you should take. Adhere to investigative deadlines...

Lock Down Your Rights As A Prisoner In Florida!

by Brunvand Wise, P.A. | Aug 3, 2022 | Criminal Law

Although individuals who are incarcerated have lost either permanently or temporarily several rights and privileges that the rest of us take for granted, prisoners in state custody still possess several important civil rights that the government must recognize even in prison. Here’s what you should know about the rights of inmates in Florida and federal prisons if you or someone you love ends up a long-term guest of the state. Right To Express Complaints Inmates in state or federal custody have the right to approach prison administrators to air their complaints about the conditions of their...

What should you know about mail fraud?

On Behalf of Brunvand, Wise & Farinella Law Group | Jul 29, 2022 | White Collar Crimes

Mail fraud is a form of fraudulent activity that can come with heavy repercussions. It can potentially ruin someone's career, finances, or even their entire life. Though some people may engage in it without understanding this, it is important to know the penalties tied to this federal crime. Why is it a felony? The U.S. Department of Justice discusses mail fraud. This act involves attempting to part someone from their money, assets, or right to honest service through means that enlist the use of the mail system. A classic example involves fraudulent postcards soliciting someone to send money...

A Quick And Dirty Overview Of Federal Money Laundering Laws

by Brunvand Wise, P.A. | Jul 27, 2022 | Criminal Charges, Criminal Law, White Collar Crimes

Money laundering is one of the more common white-collar crimes charged in Florida. Although there are statutes on the books in Florida that prohibit money laundering, there are also Federal statutes that may come into play in a money laundering prosecution in Florida as well. Following is a discussion of Federal money laundering laws and what you need to know about them if you should happen to find yourself charged with money laundering in Florida. Basics Money laundering is a process by which an individual attempts to hide or obscure the source of funds derived in the course of a crime....