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

Florida’s Driving Under The Influence Laws: A Deep Dive

Brunvand Wise, P.A. | Dec 1, 2021 | Dui, Vehicular Crimes

Driving under the influence in Florida is a serious offense. Many Floridians are charged with driving under the influence each year, and the penalties for impaired driving can be substantial and far reaching. The following is what you need to know about the laws prohibiting driving under the influence in Florida. Basics Under Florida law, impairment is judged by blood alcohol concentration (BAC). Whether an individual is actually unable to drive or not, Florida statutes make no distinction if his or her BAC is above certain levels. Florida’s “per se” threshold for impairment is a BAC of 0.08...

Don’t Risk Running Afoul Of Florida’s Gambling Laws

Brunvand Wise, P.A. | Nov 24, 2021 | Criminal Charges, Criminal Law, White Collar Crimes

Gambling is an activity regulated by Florida law, though likely few Floridians are probably aware that their private wager on Saturday’s football game is a violation of those laws. This is what you need to know about the laws that govern gambling in the state of Florida. Basics In general, gambling is illegal in Florida. But what constitutes “gambling”? Florida statute defines gambling as playing or engaging in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value. Exceptions A few exceptions to the laws...

Why is insider trading bad for the market?

On Behalf of Brunvand, Wise & Farinella Law Group | Nov 17, 2021 | White Collar Crimes

When dealing with the market, it is important to understand one thing above all else: integrity is key. Anything that compromises market integrity is likely going to classify as a crime, and those who partake will pay the consequences accordingly. However, some of the crimes may not prove immediately notable. In fact, it is possible to make an illegal move without even realizing it, such as in certain cases of insider trading. What is insider trading? The U.S. Securities and Exchange Commission discusses insider trading and why it is bad for the market. Insider trading in a nutshell involves...

So You’ve Been Stopped For A DUI … Now What?

Brunvand Wise, P.A. | Nov 15, 2021 | Dui, Vehicular Crimes

Despite our best intentions, accidents happen. A night out with friends, a little too much alcohol was consumed, but you still feel alright to drive. However, Tampa police think otherwise, and a poor decision turns into a charge of Driving Under the Influence (DUI). Although the experience is never pleasant, a little knowledge beforehand may help the situation be a little more bearable. This article will describe the process of arrest and prosecution of DUI in Tampa. The typical DUI begins with a traffic stop executed by either the Tampa Police Department, the Florida Highway Patrol, or the...

Get Dialed In On Florida’s Telemarketing Fraud Laws

Brunvand Wise, P.A. | Nov 9, 2021 | Criminal Charges, Criminal Law, White Collar Crimes

Florida has some quite stringent laws regulating telemarketing and punishing telemarketing fraud. Although many prosecutions for telemarketing fraud are conducted by Federal authorities, Florida has laws of its own that regulate how telemarketers operating in the state must act and that penalize instances of fraud committed by telemarketers. This is what you need to know about the laws of telemarketing fraud in Florida. Basics Boiled down to its essence, telemarketing fraud is operating a fraudulent plan or scheme and using the telephone to communicate with victims of that fraudulent plan or...

What You Need To Know About Child Pornography Laws In Florida

Brunvand Wise, P.A. | Nov 4, 2021 | Criminal Charges, Criminal Law

Possessing or producing child pornography is a quite serious offense in Florida. As with all other jurisdictions in the United States, involvement in child pornography in Florida is penalized by significant fines and prison time. The following is what you need to know if you ever find yourself facing charges of child pornography in Florida. Basics In Florida, producing visual materials that depict children in sexual situations is prohibited. So too is possessing such material and promoting it as well. The elements of the crime, which is known specifically as “sexual performance by a child”...

Business owners may face trade-based money laundering charges

On Behalf of Brunvand, Wise & Farinella Law Group | Oct 29, 2021 | White Collar Crimes

Money laundering cases often center on individuals moving large volumes of cash through the U.S. financial system. Prosecutors may file charges alleging that defendants obtained their money through unlawful activities. According to Whistleblowers.gov, certain money laundering techniques involve using invoices for goods and services. Also known as "trade-based money laundering," it may lead to business owners coming under federal investigation for their invoicing practices. Prosecutors may allege illegitimate invoices Business professionals may face allegations of using TBML to disguise a...

Breaking Down Florida’s Laws Against Vandalism

Brunvand Wise, P.A. | Oct 28, 2021 | Criminal Charges, Criminal Law

Vandalism is a serious crime in Florida. Although it is sometimes seen as a relatively harmless crime, acts of vandalism in Florida can cost thousands of dollars to repair and result in several years in prison. Here’s what you need to know if you find yourself charged with vandalism in Florida. History The act of vandalism traces its name back to antiquity. An ancient tribe of Germanic peoples called Vandals were one of several peoples to sack Rome in its later years, which they did under King Genseric in 455 A.D. Though they were unlikely to have been any more or less destructive than any...

Time To Learn About Florida’s Statute Of Limitations!

Brunvand Wise, P.A. | Oct 21, 2021 | Criminal Charges, Criminal Law

Almost every criminal offense in the state of Florida is limited in the time between the offense and the last possible time in which the state can prosecute a defendant for that offense. Florida’s statute of limitations for criminal offenses is a very important aspect of the law that you need to know about if you find yourself facing criminal charges. Basics In Florida, the statute of limitations defines the time at which the prosecution may no longer file criminal charges against a defendant. The length in time varies from crime to crime, but some serious crimes, including murder or a...

What You Need To Know About Voluntary Manslaughter In Florida

Brunvand Wise, P.A. | Oct 21, 2021 | Criminal Charges, Criminal Law

The laws in Florida defining and prosecuting voluntary manslaughter are complex. Though many Floridians profess a knowledge of what does and does not constitute voluntary manslaughter, the issue is frequently more nuanced than most laypeople realize. Here’s what you need to know about the laws governing voluntary manslaughter in Florida. History Historians believe the crime of killing another human being but with a lesser intent first entered Western Civilization in the 7th century BC by way of the Athenian lawmaker Draco, the first known legislator of ancient Greece. Although Draco’s name...