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 »
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 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 »
