Goldman Wetzel Legal Blog

Lying to a police officer is a criminal offense in Florida, which can result in penalties including fines and imprisonment. The category of the offense and severity of the penalties depend on the subject matter of the false information and the past convictions of the defendant. If you were accused of giving false information to … Read more

If you have been arrested in St. Petersburg on an extradition warrant from another state, Florida law gives you the right to a hearing in which you can fight the extradition. Goldman Wetzel can help. Our defense attorneys will aggressively defend your rights and counsel you during your proceedings. Call our office today at 727-828-3900 … Read more

A two-month investigation focusing on child sex offenders has led to the arrests of 42 individuals in Polk County, Florida. The investigation was dubbed Operation Child Guardian. The Polk County Sherriff’s Office, the Department of Corrections Office of Probation and Parole, and State Attorney Brian Haas conducted the investigation. The 42 arrests include 18 arrested … Read more

Harassing, intimidating, or tampering with a witness is a serious offense in Florida that prosecutors are quick to pursue. The severity of the offense and the penalties you face depend on the nature of the crime for which the witness was testifying, but regardless, imprisonment is likely if you are convicted. If you suspect you … Read more

Contributing to the delinquency of a minor (CDM) is a misdemeanor offense in Florida. Adults are often charged with this crime when they buy alcohol for someone who is underage. There are several viable defenses to CDM, which the Goldman Wetzel defense lawyers can discuss in more detail with you. If you have been charged … Read more

Many people mistakenly believe that the law does not allow officers to search your car without your consent or without a warrant. This is not true. Unlike your home, the law does not always protect your car from warrantless searches. The law gives more leeway to police when searching cars because the courts recognize that … Read more

Many domestic violence cases involve no-contact orders or restraining orders which prevent the defendant from making contact or approaching the alleged victim. In some instances, the court issues a no-contact order because of the facts surrounding the case. In other cases, the court may issue a no-contact order at victims’ requests because they say they … Read more

Over 31,700 drivers were arrested in Florida for DUI in 2015, reports MADD. There were over 26,200 convictions, which can mean serving jail time and/or probation, paying large fines, doing community service, losing driving privileges, amongst other penalties. If you were arrested for DUI, do not make these four mistakes that could worsen your case … Read more

Since its inception in 2007, the Medicare Fraud Strike Force (MFSF) has cracked down on Medicare Fraud. Two of the nine national MFSF operating centers are in Florida, including one in Tampa. To date, over 2,100 people have been indicted for some type of Medicare fraud, resulting in the recovery of approximately $2 billion. A … Read more

Crack cocaine, or crack, is a free base form of cocaine that is highly addictive. While chemically similar to cocaine, crack has a different formulation and results in a different effect or “high.” Many states have stiffer penalties for crack possession than for cocaine. However, Florida does not differentiate between the two substances; the courts … Read more

As we begin 2017, some new laws go into effect in Florida after Governor Rick Scott signed them into law last year. One of these laws aims to curb drug abuse by minors by restricting minors from purchasing cough syrups. SB 938 Prevents Minors from Buying Certain Cough Syrups This law prohibits the sale of … Read more

Synthetic drugs have become quite popular in Florida in the past few years. Two of the most common are alpha-pyrrolidinovalerophenone (PVP), and methylenedioxypyrovalerone (MDPV). PVP goes by the street name “flakka;” MDPV goes by “bath salts.” Both drugs cause excited delirium and exceptional strength without fatigue, giving rise to their popularity. Synthetic drugs like PVP … 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

Yes, if you were arrested but not charged, it will appear on your criminal record. Having any mars on your record — even arrests for crimes you did not commit — can pose a hurdle for you. You might want to consider having your records expunged or sealed, if possible. To discuss eligibility for sealing … Read more

The double jeopardy clause, provided in both federal and state statutes, protects defendants from being punished twice for the same crime. It is a constitutional right. Used in appropriate cases, double jeopardy can be an effective procedural defense. If you are being charged with a crime – especially one that you were already previously charged … Read more

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches by law enforcement. Whether police obtained evidence via an illegal search and seizure are one of the most important considerations in any criminal case. When police officers illegally search people or their property, any evidence or contraband they confiscate may be inadmissible in … Read more

In a 2013 decision, the Florida Supreme Court ruled that police need to obtain a warrant to search a cell phone. Any evidence the investigators obtain from a suspect’s cell phone without a warrant, such as videos and text messages, may be inadmissible. The courts may throw the evidence out, devastating the prosecutor’s case. If … Read more

Having a criminal record can significantly damage a person’s future. Unless the record has been sealed or expunged, convicts might have issues in their daily lives, including when trying to rent an apartment or find a job as well as going to school, since a criminal record can be harmful to college students A person … Read more

Date rape is a common variation of sexual battery and is a serious felony offense. Date rape charges can completely change the direction of your life. If convicted, you can face imprisonment, fines, loss of privileges, and a lifetime label of a sex offender. Date rape charges often fall on high school and college students, … Read more

Phencyclidine, also known as PCP, Angel Dust, Tic Tac, or Crystal, is a Schedule II drug [under Florida Statute § 893.03] that causes amnesia, numbness, hallucinations, and sight distortions. Because of PCP’s high potential for abuse, Florida law enforcement officers and judges are striking down hard on users. Florida PCP penalties are strict and include … Read more

If you have an outstanding warrant or were arrested in Florida but live out of state, it is important to understand what your options are and how to proceed in such a way that, hopefully, means you will not need to return to the state to resolve your case. Our office receives numerous calls each … Read more

There are three types of sobriety tests law enforcement officers may use when they pull someone over for suspected DUI, each of which we discuss in more detail below. If the driver performs poorly, the officer will likely require her to take a breathalyzer after the field sobriety test. If you have been arrested for … Read more

After the vote failed by a narrow margin in 2014, Amendment 2 passed on November 8 with 71 percent of Floridians voting for legalizing medical marijuana. The new law will take effect starting on January 3, 2017, but legislators are still writing the new regulations. Therefore, this information is subject to change once Florida lawmakers … Read more

If you have a criminal case pending, it is a good idea to restrict or suspend your use of social media until your case is resolved. Investigators and prosecutors use evidence gleaned from social media all the time to charge, prosecute, locate, and convict people. And evidence they find on social media can hurt your … Read more

Unlawful sale, trafficking, or possession of flunitrazepam is a serious felony crime in Florida, punishable by imprisonment and substantial fines. Sold under the brand name Rohypnol (street name: roofies), flunitrazepam is a powerful sedative that doctors used to prescribe as a short-term treatment for insomnia. When mixed with alcohol, it induces severe amnesia and becomes … Read more

Florida’s ongoing controversy over the death penalty is coming to a head with a new ruling from the Florida Supreme Court. On October 14, the state Supreme Court mandated new legislation to require a unanimous jury to sentence a defendant to death. What changes is the Supreme Court making to the death penalty? The change … 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 … Read more

Florida gas stations have been the target of thieves trying to steal credit card information through electronic skimmers. These credit card skimmers look like normal credit card slots, but relay the card information to the thief’s computer. In May 2015, the Florida Department of Agriculture and Consumer Services released the results of a statewide sweep … Read more

The beginning of October 2016 brought several changes to Florida laws. In all, 26 different laws went into effect. Among these new laws is House Bill 545 which expands penalties for human trafficking and prohibits prosecutors from charging minors with prostitution. What changes does HB 545 make to Florida’s prostitution laws? As HB 545 takes … Read more

On October 1, 2016, several new laws took effect in Florida after they passed during the 2016 legislative session and gained approval from Governor Rick Scott. One of the new laws makes it a third-degree felony to tamper with or ask for assistance tampering with an electronic monitoring device (EMD), also commonly referred to as … Read more

There are few things worse in life than being accused of child abuse, especially for parents. The consequences of a child abuse conviction are severe and could including losing the right to raise your child or even see them on a regular basis. It is even worse if they are false accusations of child abuse. … Read more

While some people might not think of animal abuse as a big deal, Florida law disagrees. The State of Florida currently has several animal abuse laws in place. These laws, which also detail the various animal abuse penalties, protect pets like cats and dogs as well as livestock like cattle, chickens, and pigs. In Florida, … Read more

Even if you are under the age of 18, if you are arrested in Florida you can be tried and punished as an adult. In fact, between 2003 and 2008, the State of Florida led the nation in the total number of juveniles transferred into the adult court system, says Human Rights Watch. During that … Read more

Sale or possession of prescription drugs is a serious crime in Florida, punishable by imprisonment — sometimes a mandatory minimum sentence — and fines. The severity of the potential penalties depends on the type and amount of prescription drugs involved in the case. There are several valid defenses that can you can use against charges … Read more

There are a lot of misconceptions about what happens if you get arrested in Florida while you are a minor. Additionally, there is some confusion about what happens to Florida juvenile records after you turn 18. Do not believe the rumors and myths about juvenile arrests and criminal records. Learn the truth from Goldman Wetzel. … Read more

Being falsely accused of child abuse can drastically affect your life. Whether your accuser reported the abuse out of malice or simply because of a genuine misunderstanding, false accusations can stick. If you are convicted of child abuse in Florida, you could face some serious consequences including: Loss of parental rights Jail or prison time … Read more

In 2014, there were around one million juvenile arrests in the United States, according to juvenile arrest statistics from the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention. This number might seem high, but it actually indicates a 50 percent drop from the total number of juvenile arrests in 2005. The State … Read more

When the state convicts a defendant of a felony, he loses many of his civil rights, including the right to vote. This repercussion makes restoration of voting rights impossible — that is unless he applies for and receives “clemency.” What is clemency? The word clemency means to pardon or leniency. In legal terms, clemency is … Read more

If there is a warrant out for your arrest, it can be incredibly stressful to go to work or even just relax at home. At any time, a police officer could knock on your front door or visit you at work and arrest you in front of your friends, family, and co-workers. If you are … Read more

When the State of Florida convicts defendants of felony crimes, the defendants lose their right to possess firearms, amongst other consequences. If officers find them in possession or in control of a gun thereafter, officers can charge them with possession of a firearm by a convicted felon, a serious offense which merits jail time and … Read more

Gamma-hydroxybutyrate (GHB) is a central nervous system depressant and Schedule I drug. Originally developed as an anesthetic (but discontinued due to unwanted side effects), GHB’s only current legal use is as an investigational treatment for narcolepsy. Because of its Schedule I classification and popular use as a steroid alternative, intoxicant, or “date rape drug,” the … Read more

The crime of dealing in stolen property, sometimes referred to as fencing, is a felony offence is Florida. This charge often comes about when a friend or neighbor accuses someone of stealing their goods and then selling them. There are several valid defenses you can use if you are facing charges of dealing in stolen … Read more

In September 2015, Senator Joseph Abruzzo (D) proposed a new bill that would stiffen the penalties for repeated restraining order violations. The legislation, SB 380, elevates the crime of a violation of restraining order, or injunction for protection, to a felony if the offender has been convicted two or more times previously for the same … Read more

Florida classifies methamphetamine, aka meth or crystal, as a Schedule II controlled substance. Conviction for sale, distribution, trafficking, or possession of methamphetamine could mean significant penalties, including long-term imprisonment. If you or a loved one has been charged with a meth-related crime, speak to an attorney at Goldman Wetzel as soon as possible. You need … Read more

In 2014, over 64,000 people were arrested on domestic violence charges in Florida, according to the Florida Coalition Against Domestic Violence (FCADV). Many of these incidents sprout from alcohol-fueled altercations, unmanaged anger issues, or simply family arguments that have gotten out of hand. Domestic violence is a complicated area of the law because it involves … Read more

This week, the Florida Supreme Court is considering cases that could shape the state’s death penalty law as well as its ban on the open carry of firearms in public. Court Considers Whether New Death Penalty Law Applies to Pending Cases On Tuesday, the justices heard arguments regarding the constitutionality of its new death penalty … Read more

Mistakes you make as a minor should not have to follow you into adulthood. Luckily, in Florida, you can get your juvenile record expunged if the state dropped the case, or sealed if the court withheld adjudication of delinquency. The following explains the legal effects of expunction and sealing, and the steps you must take … Read more

MDMA (3,4-methylenedioxymethamphetamine) is a Schedule I controlled substance (dangerous, no accepted medical use, high potential for abuse) in Florida [Florida Statute § 893.03]. As a result, possession, trafficking, and distribution carry hefty penalties such as imprisonment, fines, and other consequences. In this article, we review Florida MDMA laws; penalties for MDMA possession, sale, and trafficking; … Read more

A breathalyzer is simply a mechanical device with built-in sensors that estimates the amount of blood alcohol content (BAC) from a breath sample. And like all machines, they can falter. If you are facing DUI charges, you may be able to challenge the breathalyzer test results and fight to get the charges dropped. For help … Read more