Criminal defense news, legal updates, and answers to common questions affecting clients throughout Tampa Bay and surrounding areas.
A minor role reduction can make a major difference in federal drug cases, especially for low-level defendants accused of serving as couriers, lookouts, messengers, or other limited participants. Federal drug cases often involve many people with very different levels of responsibility. One person may be organizing shipments, negotiating prices, supplying drugs, collecting money, or directing … Read more
When someone is accused of or placed on supervision for a sex offense involving the internet, one of the most important practical questions becomes: Can that person use the internet at all? In today’s world, internet access is often necessary for work, school, banking, medical appointments, family communication, and ordinary daily responsibilities. At the same … Read more
Florida’s HB 1235 became law in 2024 after a signature from the governor and made several changes to sexual offender reporting requirements in the state. Individuals required to register as sex offenders in Florida will want to stay up to date with these new obligations to avoid further criminal charges and any related penalties upon … Read more
Florida recently enacted Senate Bill 1036, which was signed into law by the Governor and took effect on October 1, 2024. This legislation introduces the reclassification of criminal penalties for specific offenses, leading to harsher potential punishments. The law primarily targets crimes committed following unlawful reentry into the United States or those carried out to … Read more
Florida recently passed House Bill 549, which brings new changes to theft laws and stricter penalties on theft-related offenses. It is essential to stay up to date on these changes, especially if you are facing theft charges of your own because the new rules will affect how the court views your case. Our team of … Read more
When you face charges for a community control (i.e., house arrest) or felony probation violation, your probation officer or any other law enforcement officer can arrest you without a warrant on the spot, as per Florida Statute § 948.06(1)(a). He can also instead ask the court to set a court date for you to review your … Read more
In drug cases, judges usually sentence a convicted felon to certain punishments based on the Florida’s Criminal Punishment Code. Penalties are contingent upon the severity of the crime, which schedule the drug belongs to, the amount in question, the defendant’s criminal history, and the presence of any aggravating factors. The courts do not often sway … Read more
A new report from Harvard University’s Fair Punishment Project lists Pinellas and Hillsborough counties among the top 16 in the U.S. in death penalty sentences. Two other Florida counties, Miami-Dade and Duval, also made the list. The report tracked criminal convictions from 2010 to 2015. During that time span, each of the 16 counties listed in … Read more
While police generally must have probable cause to pull you over, DUI checkpoints are the exception. Police have the right to stop motorists so they can identify drunk drivers. However, motorists have rights too. Below we review some of the details surrounding the Florida DUI checkpoint law and how you can protect your rights should … Read more
When an officer arrests you for DUI, you will actually have two separate and distinct cases pending against you: an administrative case and a criminal case. Each one can result in a driver’s license suspension. Below are some of the basics you should know about a DUI driver’s license suspension in Florida. How does the … Read more
The use of fake IDs among underage Floridians is more common than you might think. But even though this may not seem a dangerous action, Florida fake ID laws are harsh and can carry severe penalties for this offense. In the first two months of Fall 2021, the FSU Police Department made over 30 arrests for fraudulent … Read more
While it may seem that you are not breaking the law when following or harassing a person, stalking is a criminal offense in Florida. And as such, this activity can have severe consequences. Given that this term may be overused, you may wonder what constitutes stalking in Florida. According to Florida law, stalking occurs when someone follows or harasses another … Read more
Overall, federal crimes in Florida are more complex and challenging than state charges. For instance, offenders found guilty of a federal charge must undergo a presentence investigation in Florida (PSI). This process is a required step that must be completed before sentencing. The presentence investigation is a standard procedure in federal cases. However, many people are not entirely familiar with this … Read more
If you are found guilty of a crime, the judge may decide to convict you or withhold the adjudication of guilt. These legal terms can be very confusing for people that are not familiar with the law. As a result, people often want to know what adjudication withheld is in Florida. In Florida, withholding adjudication means that a person … Read more
A felony conviction can result in long periods of imprisonment and hefty fines. But, even after they served their time, felons must face additional restrictions, such as losing their right to own a gun. If you were convicted of a felony and found in possession or control of a weapon, you could face a charge … Read more
From time to time, people may find themselves in a risky situation where they need to defend themselves or others. Stand your ground laws in Florida justify using force to respond to an imminent threat. Floridians are legally allowed to exercise their right to self-defense when they find themselves in immediate danger. If you were … Read more
From time to time, people may find themselves in a risky situation where they need to defend themselves or others. Stand your ground laws in Florida justify using force to respond to an imminent threat. Floridians are legally allowed to exercise their right to self-defense when they find themselves in immediate danger. If you were … Read more
A felony conviction can result in long periods of imprisonment and hefty fines. But, even after they served their time, felons must face additional restrictions, such as losing their right to own a gun. If you were convicted of a felony and found in possession or control of a weapon, you could face a charge … Read more
If you are found guilty of a crime, the judge may decide to convict you or withhold the adjudication of guilt. These legal terms can be very confusing for people that are not familiar with the law. As a result, people often want to know what adjudication withheld is in Florida. In Florida, withholding adjudication means that a person … Read more
Overall, federal crimes in Florida are more complex and challenging than state charges. For instance, offenders found guilty of a federal charge must undergo a presentence investigation in Florida (PSI). This process is a required step that must be completed before sentencing. The presentence investigation is a standard procedure in federal cases. However, many people … Read more
While it may seem that you are not breaking the law when following or harassing a person, stalking is a criminal offense in Florida. And as such, this activity can have severe consequences. Given that this term may be overused, you may wonder what constitutes stalking in Florida. According to Florida law, stalking occurs when … Read more
The use of fake IDs among underage Floridians is more common than you might think. But even though this may not seem a dangerous action, Florida fake ID laws are harsh and can carry severe penalties for this offense. In the first two months of Fall 2021, the FSU Police Department made over 30 arrests … Read more
Criminal mischief in Florida, commonly known as vandalism, may seem inoffensive. However, placing graffiti or committing any act of vandalism is considered a criminal offense. In other words, if you are found guilty of criminal mischief in Florida, you could face harsh punishments. Many Floridians are unaware of the potential consequences that vandalism can lead … Read more
In simple terms, arson in Florida is the action of setting fire with the intention to destroy or damage property. Regardless of the motives behind it, arson is a serious offense punishable by imprisonment and hefty fines. As a result, if you have been accused or are under investigation for these charges, you should speak … Read more
Being stopped by the police can be overwhelming and frightening. Despite how stressful this situation can be, it is in your best interest to pull over. Failing to stop when directed by a police officer can result in a fleeing and eluding charge in Florida. Even though it may not seem like a severe event, … Read more
Car accidents happen every day. In addition to injuries and a bad experience, drivers could also face a vehicular homicide charge in Florida if someone died as a result of reckless driving. Due to its severity, a conviction for this offense can result in imprisonment, hefty fines, community service, and restitution. Florida Highway Safety & … Read more
Facing a potential arrest can be a stressful situation. Regardless of how overwhelming this can be, you should remain calm and avoid arguing or obstructing any law enforcement officer. If you fail to do this, you could be charged with a count of resisting arrest in Florida. Given that this offense can be vague and … Read more
The criminal justice system can be daunting, especially when you are facing the possibility of being sentenced. Since there are numerous legal terms with which the common public is unfamiliar, people often wonder what is downward departure in Florida. Downward departure in Florida is a sentence that reduces an offender’s punishment below the lowest permissible … Read more
Injunctions for protection, or restraining orders, can negatively affect your life since they prevent you from going to certain places and exercising your right to own a gun, among other things. For this reason, many people wonder how they can get an injunction removed in Florida. To dissolve a restraining order in Florida, the respondent … Read more
Under Florida law, if you were in a car accident that caused property damage or injuries to other people, it is illegal to flee from the scene of the accident. If you fail to stop, provide your information, and render aid, you could face a charge for hit and run in Florida. Leaving the scene … Read more
When it comes to sex crimes in Florida, many people assume that sex offender and sex predator are interchangeable terms. However, these designations are not synonymous and, in fact, they have important distinctions. As a result, it is important to understand what is the difference between sex offenders and predators in Florida. In Florida, the … Read more
In some cases, first-time offenders in Florida may receive the court’s mercy. This could mean that, instead of facing imprisonment, first-time offenders may be suitable for rehabilitation or, if the prosecutor agrees, charges may be dropped altogether. However, this option is only available for certain crimes. In the following sections, you will find more information … Read more
Florida gun laws impose relatively few restrictions on the possession of firearms. Unless a person lost his or her ownership rights, people are legally allowed to buy or own a firearm. However, there are certain guns that are illegal in Florida. If you are found in illegal possession of a firearm, you could face criminal … Read more
While in most cases it is lawful to own and possess a firearm, the concealed carry laws in Florida address the different rules for carrying a gun in the Sunshine State. These laws establish that, even though people have the right to own a gun, they need a permit to carry a concealed weapon. If … Read more
In Florida, some criminal cases can use entrapment as a viable defense. Due to its legal characteristics, this strategy might not be suitable for all cases. For that reason, it is important to first understand what the definition of entrapment is. Under Florida law, entrapment occurs when a law enforcement officer improperly coerces, persuades, or … Read more
When charged with a criminal offense, it is not always clear what the charges mean and the potential consequences that you could face. As one of the more common crimes, it is important to understand what is considered aggravated assault in Florida. In Florida, an aggravated assault is a more severe form of assault. In … Read more
Due to their names similarity, many people might assume that battery charge is the same as an aggravated battery offense. Since these are separate offenses, it is important to understand what an aggravated battery is in Florida. In Florida, an aggravated battery is touching a person against their will with the intent to cause them … Read more
Even though crime is harshly pursued in Florida, the law is also meant to protect defendants from crimes that happened a while ago. When facing criminal charges, many people wonder if Florida has a statute of limitation for criminal cases. Florida does have a statute of limitations for criminal charges. This means that some offenses … Read more
Assault and battery are separate and distinct offenses that can result either in misdemeanor or felony charges. Since these terms are often heard together, many people are unclear of the difference between assault and battery in Florida. In Florida, the difference between assault and battery lies in the absence or presence of physical contact. Assault … Read more
In Florida, sexual battery crimes are offenses that, depending on the severity, can result in different penalties. However, for some people this term can get easily confused with other sex crimes. Therefore, understanding the definition of sexual battery in Florida is important. As defined by Florida Statute § 794.011, a sexual battery offense consists of … Read more
In Florida, sex crimes are taken very seriously, especially, if there was a minor involved in the offense. Even if there was consent from the minor, based on the statutory rape law, a person might face criminal charges and severe penalties. Therefore, it’s important to know the definition of statutory rape in Florida. Statutory rape … Read more
On July 1, 2019, the state of Florida legalized hemp, and the new law is impacting marijuana arrests and prosecutions. Overview of the New Hemp Law and the Challenges It Presents to Prosecutors Hemp, cannabidiol (CBD), and other derivatives that contain .3% or less of tetrahydrocannabinol (THC)—the main psychoactive ingredient of cannabis—are now lawful substances … Read more
Domestic battery is often the crime people think about when they hear “domestic violence.” While domestic violence can also include a wide range of other offenses, domestic battery occurs when one person hits or otherwise intentionally hurts a member of their household or family. Florida takes domestic battery charges seriously, meaning you could face significant … Read more
Veterans who complete the Veterans Treatment Court (VTC) are as much as 32 percent less likely to commit another crime in the first year versus the average incarcerated person in the United States. Veterans Treatment Court provides an opportunity for veterans who have substance abuse or mental health concerns to undergo court-supervised treatment instead of … Read more
Florida’s Veterans Treatment Court (VTC) extends to 31 jurisdictions as of March 2019. Veterans Treatment Court offers veterans who face misdemeanor or third-degree felony charges a way to get treatment for their mental health or substance abuse issues instead of going to jail or facing other penalties, and it typically lasts 12 to 24 months, … Read more
The Sixth Judicial Circuit Veterans Treatment Court (VTC) offers some military veterans another option for getting the most favorable outcome possible in their Pinellas County, FL, criminal case. VTC is a voluntary, court-supervised treatment program for veterans who need substance abuse or mental health treatment and face charges for a non-violent misdemeanor or felony crime. … Read more
Some veterans who face charges for non-violent misdemeanor or felony crimes in Hillsborough County may qualify for 13th Judicial Circuit Veterans Treatment Court (VTC). VTC is a court-supervised pre-trial intervention or post-plea option that allows the veteran to enter mental health or substance abuse treatment instead of facing significant penalties for their crimes. VTC is … Read more
If the police arrest you or you face charges for a domestic violence offense in Florida, you will likely face time behind bars if convicted. Florida laws allow for mandatory minimum jail sentences for those who commit first-degree misdemeanor domestic battery, as well as more serious felony domestic violence offenses. In addition, you could face … Read more
In Florida, the state has comprehensive domestic violence laws that address everything from how first responders help victims of domestic violence to mandatory jail time for anyone convicted of intentionally hurting another person during a domestic violence incident. It is important to understand there is no one single crime that is “domestic violence.” Instead, domestic … Read more
Domestic battery by strangulation is a serious domestic violence charge that could result in significant time behind bars as well as fines and other penalties. If you face accusations of domestic battery by strangulation or the police arrested you for this or a related crime, you do not have to fight this on your own. … Read more