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

Discover Florida’s Defenses To Drug Possession Charges!

by Brunvand Wise, P.A. | Feb 9, 2022 | Criminal Charges, Criminal Law, Drug Charges, Drug Crimes

Many Floridians find themselves charged with drug crimes each year. Sometimes, through errors or mistakes, innocent people find themselves on the business end of a serious drug charge. However, not all is lost, as a good attorney can help bring those mistakes to light and work towards an acquittal on drug possession charges. Here are a few of the defenses Florida attorneys utilize the most when their clients are charged with possessing drugs in Florida. Unlawful Search And Seizure When law enforcement collects evidence to be used at trial, they must follow certain procedures that are put in...

Facts about Florida embezzlement

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 8, 2022 | White Collar Crimes

Charges of embezzlement can have serious legal consequences. Florida categorizes embezzlement under its general theft laws. Learn what to expect if you face a hearing for embezzlement at the state level. Defining embezzlement in Florida Embezzlement means that the plaintiff entrusted the defendant with assets and he or she misappropriated, spent or used these funds without permission. Generally, embezzlement involves an employer and employee relationship. The stolen property in question can consist of cash or other items of value. Florida may consider this crime either petit theft or grand...

Download The Facts About Computer Crime In Florida

by Brunvand Wise, P.A. | Feb 1, 2022 | Criminal Charges, Criminal Law, White Collar Crimes

Computer crime in Florida costs the state millions of dollars per year. From unauthorized use of another’s email account to breaking into a company’s computer system with the intent of disabling it using a computer virus, the panoply of computer crimes in Florida is quite substantial. Here’s what you need to know if you ever find yourself charged with a computer crime in the state of Florida. Basics Computer crimes in Florida are laid out in the appropriately named Florida Computer Crimes Act. The Act splits computer crimes into two broad categories Crimes against intellectual property, and...

How drug court works in Pinellas County

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 31, 2022 | Drug Charges

A Florida drug charge has the potential to lead to serious criminal repercussions. Some of the penalties you may face include fines, substance abuse treatment requirements and time behind bars, among others. However, in some cases, you may be able to decrease how much trouble your drug charge causes you by enrolling in drug court in Pinellas County. Per the Sixth Judicial Circuit of Florida, you may be eligible for drug court in Pinellas County if you and your offense meet certain eligibility requirements. Who is eligible for drug treatment court You may qualify for the Pinellas County Adult...

Understanding Self Defense In Florida: A Primer

by Brunvand Wise, P.A. | Jan 27, 2022 | Criminal Charges, Criminal Law

Self defense is a widely-discussed topic in Florida, but it is also not a widely-understood topic. Although people intrinsically understand the moral right to defend one’s self against attack, the legal ramifications are not as intuitive. Affirmative Defense In Florida, self defense is used in court as an affirmative defense. An affirmative defense is an argument used by a defendant to justify his or her act as being necessary despite being against the law. Self defense in Florida is claimed when a defendant is charged with a violent act (assault, battery, homicide, etc.) and wishes to argue...

You Have The Right To Learn About Your Miranda Rights In Florida

by Brunvand Wise, P.A. | Jan 20, 2022 | Criminal Charges, Criminal Law

A person’s rights after an arrest in Florida are an important part of the law that many people are not completely familiar with. What follows is what you need to know about post-arrest rights in Florida. Miranda The rights a person has after arrest in the United States were first distilled by the Supreme Court in the case Miranda v. Arizona. The 1966 decision spelled out to law enforcement that a suspect must be advised of his right against self incrimination under the Fifth Amendment to the US Constitution before they may question him in custody. In the case, the suspect confessed to law...

Why is mail fraud so serious?

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 11, 2022 | Government Fraud

When a person thinks of federal crimes, it is highly likely that the bigger and flashier crimes typical of Hollywood blockbusters often come to mind first and foremost. However, a crime does not need to be a big, flashy production in order to fall under federal jurisdiction. In fact, mail fraud actually falls under this category. But why is mail fraud such a serious crime? What does mail fraud entail? The Department of Justice looks into mail fraud as a federal crime. Mail fraud falls under this category due to the fact that it involves the use of a government-sanctioned system, i.e. the...

Write This Down: The Facts Of Florida’s Laws Against Forgery

by Brunvand Wise, P.A. | Jan 11, 2022 | Criminal Charges, Criminal Law, White Collar Crimes

Forgery in Florida is a serious offense. Many Floridians have been victimized by forgery crimes, and the cost to Floridians of forgery runs into the tens of millions of dollars each year. What follows is a brief overview of the laws prohibiting forgery in Florida. History Despite the public misconception, the history of the term “forgery” has nothing to do with a blacksmith’s forge. “Forgery” comes to Modern English via the Anglo-French verb forger, which means the act of falsifying. Forgery has long been a part of English common law, and today it is a crime in every American state and...

Take A Second To Learn About Second Degree Murder In Florida

by Brunvand, Wise & Farinella Law Group | Jan 6, 2022 | Capital Murder, Criminal Charges, Criminal Law

Florida law classifies the unlawful killing of another person into several degrees. While the most serious is first degree murder, Florida’s laws on second degree murder come into play on a regular basis. Following is what you need to know about second degree murder in Florida. History The first American jurisdiction to divide murder into degrees was Pennsylvania in the late 18th century. Initially the push to divide murder into degrees was prompted by the desire to penalize murder with some punishment less severe than the death penalty. Gradually American states adopted the practice by...

Officials may add RICO charges to securities offenses

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 3, 2022 | White Collar Crimes

The Racketeer Influenced and Corrupt Organization Act covers offenses related to an ongoing pattern of unlawful activity. As described by the Wall Street Journal, federal officials first used RICO to indict individuals purportedly involved in organized crime. The unlawful activities often included drug trafficking. The U.S. Department of Justice notes that federal prosecutors may file RICO charges against individuals allegedly engaged in mail, securities or wire fraud. Indictments under the RICO Act may result in harsher penalties than charges covering only white collar offenses....