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

Know The Basics Of Marijuana Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 10, 2021 | Criminal Law, Drug Charges

Marijuana continues to be a hot topic around the country. Several states now have laws on the books allowing for varying degrees of possession and use of cannabis, and the laws from state to state and between states and the Federal government can be confusing. In 2016 the voters of Florida legalized medical marijuana at the ballot box. What follows is a brief overview of the marijuana laws in Florida as they now stand. Medical Marijuana The 2016 ballot proposal known as the Florida Medical Marijuana Legalization Initiative (or Amendment 2 at the time) made the possession and use of marijuana...

What You Need To Know About Murder Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 2, 2021 | Capital Murder

It will likely come as no surprised to most people that the killing of another without justification is against the law in Florida. Much less widely known and understood are the degrees of severity for the crime of murder. Following is a discussion of a few of the laws against murder in Florida First Degree Murder Murder in the first degree in Florida is the most serious classification of murder under state law. First degree murder falls into three types: Premeditated killing, felony murder, and murders committed in certain drug-dealing situations. In order to sustain a charge of first...

What You Need To Know About The Laws Of Assisting A Crime In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 26, 2021 | Criminal Law

It has long been a principle in American jurisdiction that others who aided the commission of a crime should face punishment as well as those who carry out the actual criminal act. In Florida, the law holds that a person who aids a person after they have committed a crime is an accessory to that crime. There are several ways to act as an accessory, such as attempting to dispose of evidence or helping the suspect of a crime evade police. To be convicted of being an accessory in Florida, the prosecution must prove that the defendant knew another person committed a felony, the defendant...

6 Common Myths About Florida Criminal Law

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 19, 2021 | Criminal Law

Whether due to pop culture, urban legend, false assumptions, or a host of other reasons, there are several myths about Florida criminal law that persist in the minds of many Floridians. What follows is a discussion of several of those myths and why they are false. Myth: Your Rights Only Begin Upon Arrest We’ve all heard a person “read his rights” on television and in movies, and this happens in real life, too. A person under arrest has the right to remain silent, a right against incriminating yourself, and the right to an attorney. However, an individual has those same rights that law...

What every federal grant applicant should know about grant fraud

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 15, 2021 | Criminal Charges

Organizations, agencies and businesses that receive federal grants have certain responsibilities. According to Grants.gov, these include accounting for costs and justifying expenditures to show that grant fraud has not taken place. Grant fraud, in its broadest definition, is theft. However, a number of actions may fall under this umbrella. Conflict of interest The U.S. Department of Justice explains that grant funds are for the best interests of the program, not the agency or the individuals. An action such as hiring a family member to run a grant-funded program or provide consulting...

Several New Laws Take Effect In Florida In 2021

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 13, 2021 | Criminal Law

With the changing of the calendar each year comes changes to the laws of the state of Florida and jurisdictions related to it. As ignorance of a law is not generally recognized as a defense to breaking it in most jurisdictions, it pays to keep track of significant changes to Florida’s laws, especially since Florida Governor Ron DeSantis signed over 200 bills into law in the course of the last legislative session. What follows is a brief summary of the changes in Florida law that took effect on January 1. Minimum Wage As of January 1 the Florida minimum wage rose by nine cents to $8.65 per...

Could Florida Be Next To Legalize Drugs?

On Behalf of Brunvand, Wise & Farinella Law Group | Jan 1, 2021 | Drug Charges

In the latest election the voters of the state of Oregon agreed to decriminalize the possession of all once-illegal drugs in their state. Not long after, a bill passed the United States House of Representatives that would decriminalize marijuana on the federal level. With the precedence now set, many lawmakers in Florida are weighing the pros and cons of bringing such a sweeping change in drug law to our state. U.S. Representative Matt Gaetz, R-Fort Walton Beach, spoke in favor of the federal bill prior to its passage. Author of the 2014 bill in the Florida legislature establishing the...

The Reid interrogation method has 3 parts

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 28, 2020 | Criminal Law

If you are a fan of television police dramas, you have probably seen actors play the good cop and bad cop roles during a pretend interrogation. While actors may take certain artistic liberties that differ considerably from reality, they are demonstrating the Reid interrogation method. The Reid interrogation method is popular with federal, state and local detectives, as it is often an effective way to elicit information from criminal suspects. If you believe officers may question you as part of a criminal investigation, you should understand the method’s three parts. 1. Factual examination...

Spreading Coronavirus May Be A Crime In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 26, 2020 | COVID-19, Criminal Charges

As the United States finds itself in the throes of a second wave of novel coronavirus infections, several jurisdictions have been forced to address the question of the criminality of intentionally or recklessly spreading COVID-19 to others. Intentionally spreading a disease is an act contrary to the laws of Florida as well as many other states. Generally these laws consist of three elements: The defendant knows he or she has the disease, the defendant intended to transmit the disease, and the defendant carried out a specific act that would increase the risk of the disease’s transmission. In...

What are the issues with the Computer Fraud and Abuse Act?

On Behalf of Brunvand, Wise & Farinella Law Group | Dec 11, 2020 | White Collar Crimes

The Computer Fraud and Abuse Act is one of the many federal laws aimed towards policing computer usage and preventing fraud and abuse. While it has been around for a while, there are many who feel it has outlived its usefulness and it is time for an overhaul. According to the National Association of Criminal Defense Lawyers, the Computer Fraud and Abuse Act is in dire need of revision. It creates unfair criminal situations and is no longer effective against computer fraud. There are a couple of specific issues with the CFAA that many criminal defense lawyers and other organizations feel...