- On behalf of Mike G Law posted in Criminal Defense on Thursday, February 13, 2020
It’s tough to know the difference between the various degrees and classes of broken laws. We all know that something like murder is wrong and worth a hefty punishment, but how does Florida classify various forms of murder and other crimes? Instead of breaking down the differences between a type of crime, it’s much easier to understand the state’s approach to felonies and misdemeanors. In this post, we’ll be covering felonies, which crimes fall under this class, and the typical punishment for crimes classified as felonies. What Classes of Felonies Exist in Florida Law? In Florida, a few different degrees of felony charges exist. A third-degree felony is the lowest class of felony permitted under Florida law. Drug possession and... Read More »
After the shooting at Marjory Stoneman Douglas High School in Parkland, FL, the state legislature passed FL Statute 790.401 (also known as the Marjory Stoneman Douglas High School Public Safety Act) in an attempt to reduce the possibility of a similar event by allowing law enforcement to confiscate firearms and ammunition for individuals a court deemed dangerous. This act calls for individuals to report their suspicions about a perceived dangerous person to law enforcement, who must then investigate and ask for a risk protection order from the court if they see fit. What is a Risk Protection Order? A risk protection order is a court order that requires an individual (the “respondent”) to surrender their firearms to the authorities as... Read More »
- On behalf of Mike G Law posted in Sex Crimes, Sex Offenses on Thursday, January 9, 2020
Florida sex crimes are covered under multiple statutes and under different names than what we may expect. While most people understand what sexual assault or statutory rape is, what is meant by lewd and lascivious behavior is a bit unclear because of its name. Here’s what you need to know about lewd and lascivious behavior and the crimes that fall under it. What is Lewd and Lascivious Behavior? Lewd and lascivious behavior, at its most basic, is inappropriate behavior of a sexual nature where the victim is someone under 16 years old. Florida Statute 800.04 divides lewd and lascivious behavior into four categories: Lewd and Lascivious Battery (sexual activity with a child under 16 or forcing a child under 16... Read More »
- On behalf of Mike G Law posted in Sex Crimes on Thursday, December 26, 2019
Certain convictions have long-reaching effects. Even after you’ve paid your debt to society and served your time, if you are charged with particular sexual offenses, you may be forced to register as a sex offender or sex predator for the rest of your life. This could make it more difficult to secure meaningful employment, get a degree, borrow money, buy a home, and more. Basically, it can make your life much, much harder. In this article, we’re going to cover the sexual crimes that require life-long registry with the state of Florida. To start, though, it’s important to note that if you’re under investigation for a sex crime or are charged with a sex crime, it’s crucial that you get... Read More »
- On behalf of Mike G Law posted in Criminal Defense on Thursday, December 12, 2019
You’ve likely heard a story of a secret camera installed in a hotel room, a public bathroom, or an Airbnb. These stories are often used to scare or urge caution when traveling. One of the most famous of these types of incidents involved ESPN reporter Erin Andrews, who was unknowingly filmed in a hotel room while nude. The individual in that case was convicted of filming the reporter and posting videos of her online. That case, among others, has shone a spotlight on video voyeurism. What is Video Voyeurism? At its most basic, video voyeurism is the act of recording an individual in a private area without their consent. A “private area” in this case would be a non-public space... Read More »
- 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 »
