- On behalf of Mike G Law posted in Criminal Defense on Thursday, November 28, 2019
Probation is a type of legal supervision that is imposed by the court. An individual can be sentenced to probation instead of being giving jail time, or be given probation following a jail or prison term. Who Can Get Probation? Probation may be an option for individuals charged with a misdemeanor or a felony. Who gets probation is determined during the sentencing phase of a trial or during the negotiation process of a plea deal. The likelihood of someone getting probation may be affected by the crime with which they are charged. During sentencing, the court can determine whether probation is a good fit under the law and for the situation at hand. According to Florida Statute § 948.011: “When... Read More »
- On behalf of Mike G Law posted in Drug Possession on Tuesday, November 12, 2019
Many Florida patients are happy that they live in a state where medical marijuana is available. Unfortunately, there still remains some confusion about Florida medical marijuana laws (and Florida marijuana laws, in general). In addition, there is growing concern about the state’s involvement in maintaining a registry of medical marijuana patients. One question that we’ve seen a lot is whether the database can be accessed by law enforcement. Here’s what you need to know about Florida medical marijuana laws in order to protect yourself. Who Can Get Medical Marijuana in Florida? To become a medical marijuana patient, you must have a qualifying condition that is recognized by the state’s MMJ program. Currently, the Florida Department of Health Office of Medical... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Thursday, October 24, 2019
You need some money—your utility bills were higher than you expected this month, you had an expected car repair, and your paycheck is just barely covering your rent. You come up with the idea to create a sob story and post it on a crowdfunding site to help you make ends meet. Now your fake story is gaining traction and you’re receiving money. Could you get in trouble? Is making a fake Go Fund Me a crime? Go Fund Me and other crowdfunding platforms work on the premise of people supporting other people or ideas. Essentially, anyone can use the platform to share their story and why they need money. These platforms have clear (though generally pretty long) terms and... Read More »
- On behalf of Mike G Law posted in Sex Crimes on Thursday, October 10, 2019
With #metoo remaining a force in the workplace, many individuals have begun to wonder whether sexual harassment itself is a crime. Can you go to jail for sexual harassment? When thinking about it in this context, it’s important to first define what sexual harassment is. Is paying a compliment to a member of the opposite sex sexual harassment? What about giving a hug to a coworker? In most cases, and this is quite unfortunate, what is considered to be sexual harassment depends on the context. What Constitutes Sexual Harassment in Florida? At its most basic, sexual harassment is all about behaviors that are “unwanted.” This includes unwanted touching and comments. Often, sexual harassment is seen as something that men do... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Monday, September 23, 2019
We keep a lot of info on our phones—from credit cards and bank accounts to personal photographs. Combined with an assortment of logins, call and text logs, GPS, and tracking capabilities, our smartphones and online records can say quite a lot about us. And if that information should fall into the wrong hands, there is the potential that it could be used against us. One part of the Miranda warning is that a suspect has the right to remain silent. But what about our technology? If we choose to remain silent, can our phones “speak” for us? Can the police force us to turn over our phones and online records in order to use them against us? And what about... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Tuesday, September 3, 2019
The internet is a great platform for sharing and communicating. With numerous websites and apps, there are countless ways to connect with both friends and strangers, from social media sites to forums to comments on news stories. But is our free speech protected online? Can the things you post online be a crime? Is Free Speech Protected Online? After the shootings in El Paso and Dayton, numerous concerned citizens took it upon themselves to contact law enforcement regarding perceived threats posted online by individuals. It was suggested that 27 possible shootings were stopped by their efforts. However, is it fair to assume that the words, images, or videos posted online by the purported future shooters actually constituted a threat or... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Thursday, August 1, 2019
Sometimes with the law, it can seem like there are a bunch of different names for the same thing. Murder and homicide, for example, seem to be similar concepts. The same goes for burglary, theft, robbery, and larceny. But what’s the difference between burglary and theft? And are robbery and larceny the same thing? If an individual enters a vehicle and grabs a purse, have they committed theft or burglary? What if said individual enters a gas station and demands the contents of a cash register? Within the Florida statutes, there are distinct measures for separating these acts into their different categories. In this blog posts, we’ll be covering the difference between burglary and theft so you can better understand... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Thursday, July 18, 2019
Imagine this: You’re driving home after indulging in some powdered donuts after a long day. You forget to signal and change lanes, then see flashing lights behind you. “All this for a missed signal?” you think. But of course, you pull over. When the officer walks over to your lowered window, he takes a look at you and then asks you to step out of the car. “Why?” you ask. You figured you’d hand over your license and registration and be on your way with a new citation and fine. After being directed out of the vehicle again, you brush off the white powder that has clung to your shirt. You’re scared, but you know to do what you’re told... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Wednesday, July 3, 2019
What happens if someone you believe to be a prostitute induces you to pay for sexual acts, then once you hand over the bills, she pulls out her police badge? After all, you weren’t seeking out a prostitute in the first place, but you felt enticed because of how she treated you. Is it fair that you should be prosecuted or fined for solicitation? Entrapment can take many forms. The basis of all of these forms is a police offer (or someone working on behalf of law enforcement) who has created a bit of a trap that makes someone commit a crime that they would not have committed if the trap weren’t in place. Thus, our unlucky John in the... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Monday, June 17, 2019
In order to convict a person of a crime, typically, a prosecutor must prove two things: First, that a crime was committed, and second that you, the defendant, were the perpetrator. These two components play into how you and your Tampa defense attorney will develop your legal strategy. Legal defenses typically fall into two broad categories: Lack of evidence and justification/excuse. Here are a few different legal defenses that a skilled Tampa defense lawyer may use. Lack of Evidence Legal Defenses In the United States, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant committed a crime. One simple legal defense is simply to say, “I didn’t do it,” and force the prosecution to... Read More »
