On behalf of Mike G Law posted in Criminal Defense on Friday, October 30, 2020
If you or someone you know is facing criminal charges in the state of Florida, it is important to know what the process looks like from the point of arrest to case resolution. Florida’s criminal procedure rules are complicated, so you need to arm yourself with knowledge—and get a reputable lawyer on your side to help you navigate the court process. At Mike G Law, we know the ins and outs of the rules of Florida’s criminal procedure and want to give you the tools you need to prepare yourself or a loved one for the process. Arrest A criminal case in Florida begins with an arrest or Notice to Appear. This occurs when a police officer witnesses a crime being committed... Read More »
On behalf of Mike G Law posted in Criminal Defense on Friday, October 23, 2020
In a criminal proceeding, juries base their decisions on the evidence that is presented during trial. Evidence may be gathered by police, submitted by victims, or, in the case of Florida’s Williams Rule, may include a defendant’s past criminal history. The court system has certain rules around what kinds of evidence are and are not allowed to be considered in a trial. Prosecutors are not allowed to use evidence that was collected illegally or use someone’s past criminal history as evidence that they are going to commit a future crime. However, Florida’s Williams Rule changes things for defendants. This rule states that prosecutors may use someone’s past criminal record when trying to prove different factors like motive, intent, opportunity, and... Read More »
When charged with a criminal offense in Florida, some individuals are put on probation instead of given a lengthy jail sentence. They may not be in confinement, but they are still required to follow strict rules—even when on unsupervised probation. Unsupervised probation involves a lot of conditions, but it’s preferable to jail time or being constantly monitored by a parole officer. A good criminal defense lawyer can help defend you in court and advocate for you to receive unsupervised probation, which can allow you to continue living your life without major disruptions. Defining Unsupervised Probation According to the State of Florida, probation is defined as court-ordered community supervision wherein a probationer is “required to abide by all conditions ordered by... Read More »
On behalf of Mike G Law posted in Criminal Defense on Thursday, May 21, 2020
There are two main ways an individual can be charged with a gun crime in Florida: Improperly purchasing, possessing, or using a gun (weapons offenses) Using a gun during the commission of another offense (weapon enhancements) In this article, we’ll cover the different firearm crimes you can be charged with in Florida, what the punishments for those crimes may be, the 10-20-Life law, and what you can do if you’re charged with a gun crime. Improperly Purchasing, Possessing, or Using a Gun When it comes to gun crimes in Florida, there are five offenses that are the most common. Carrying a Concealed Firearm Without a License In order to own and carry a gun, you must go through the proper... Read More »
In many ways, Florida seems like a refuge for gun enthusiasts. With a strong Stand Your Ground law, an open carry law on the books, a healthy hunting grounds, Florida has a healthy relationship with firearms. However, the state also takes the unlawful possession or use of firearms very seriously. If you are charged with a criminal offense and are believed to have had a firearm in your possession or to have used a firearm in the commission of the offense, the severity of your charges may be increased, leading to a lengthier sentence if you are found guilty. In this article, we’ll discuss how firearms affect your sentencing and the best way to protect yourself should this situation ever... Read More »
On behalf of Mike G Law posted in Criminal Defense on Thursday, April 9, 2020
If you’re charged with embezzlement in Florida, it’s crucial that you take it seriously. Part of that means understanding what you’re charged with and what your next steps should be. What is Embezzlement? Embezzlement occurs when an individual entrusted with money or property because of their position (employment) or relationships takes ownership of or “borrows” that money or property without permission of the owner. A few key elements to an embezzlement charge include the way something is stolen, even if it stays visible or in the presence of the owner. If someone has a claim to the money, for example, and someone is using it, the owner might not know if any is missing if they’re not keeping track. In... Read More »
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 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 »
