Tag Archives: felony

What is a Criminal Complaint?

A criminal charge involves a criminal complaint, or an “accusatory instrument,” which is the papers filed that accuse someone of committing a crime.There are two delineating criteria factored into considering if a criminal complaint is to be used in a ... Read more

Aaron Hernandez guilty murder verdict proves why you should be very careful before you talk to the police!

Former New England Patriot Aaron Hernandez was found guilty of murder today.  After days of deliberation the jury returned their guilty verdict.  Why did the jury find him guilty?  The jurors said it was because Hernandez lied to owner Robert Kraft about th... Read more

Canadian teen arrested for Polk “SWATting” incident for alleged fake calls to law enforcement.

A Canadian juvenile was arrested in the recent Polk County "swatting" case.  "SWATting" is when an individual attempts to lure the SWAT time to respond to a location for a fake threat of some type.Polk County deputies allege the teen anonymously placed ho... Read more

Some Sex Crimes, Such as Sexting, Do Not Always Involve Force

By definition, a sex crime is committed using threat or force to coerce someone into performing an unwanted sexual act. State governments usually prosecute these types of crimes. Should the commission of such an offense occur in two different states, it is usu... Read more

What Does the Crime of Involuntary Manslaughter Involve?

Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act.In some situations resulting in a death, the death... Read more

Tampa firefighter’s 3rd DUI arrest in Pasco County could result in a 10 year driver’s license suspension, felony conviction, and 5 years in Florida State Prison.

Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County.  This was allegedly his 3rd DUI arrest with priors in 2001 and 2012.  If that is true, if convicted of DUI, there would be a 10 year driver’s license suspensio... Read more

Female teacher arrested for allegedly having sex with her student. Teacher was booked into the Polk County Jail on counts of

Yesterday, a female Polk County teacher was arrested for allegedly having sex with her 17 year old student.  The teacher, Jennifer Fichter, is an English teacher at Central Florida Aerospace Academy.The arrest allegedly stemmed from text messages the tee... Read more

Leaving the scene of an accident resulting in death arrest made in weekend Tampa accident. How serious is this 1st degree felony? Very!

On Friday a fatal hit and run accident occurred in Tampa.  All police reports refer to "accidents" as "crashes" to inflate the public and eventually jury's attitude in these tragic cases.  While there are cases where someone leaves on purpose, many times the... Read more

Tampa Bay Lightning player Ryan Malone arrested for DUI and felony possession of cocaine.

Tampa Bay Lightning hockey player Ryan Malone was arrested for DUI and possession of cocaine early this morning.  The incident allegedly happened in South Tampa.These are very serious charges as a DUI carries a number of penalties and can affect your empl... Read more

Alleged Polk County “road rage” incident captured on cell phone video at Winter Haven McDonald’s Drive-thru

Last week a video went viral of a woman videotaping an alleged "road rage" in Florida that went viral.  Today, Polk County had it's own alleged road rage incident.  This too was captured on a cell phone video and is sure to make the rounds on news stations a... Read more

Polk County Judicial Assistant Alisha Rupp pleads “No Contest” to some of her pending criminal charges.

An update on my blog post regarding 10th Judicial Circuit Judge Harlan and her Judicial Assistant (JA) Alisha Rupp's criminal case.  Yesterday, I posted that Ms. Rupp's defense attorney was requesting a continuance of her trial set for next week.  In Polk Co... Read more

Aggravated felony Domestic Violence arrest warrant issued for NFL Buccaneer Mike Williams’ brother for allegedly stabbing the wide receiver.

Another day, another criminal story about an NFL football player.  This time the Buc's Mike Williams is allegedly the victim of a domestic violence dispute at his home.  There are multiple witnesses to the incident, but it allegedly involved horseplay betwee... Read more

Family Physician Arrested for Alleged Underage Sexual Crimes

Dr. Brian Lee, an Escambia, Florida family physician, has been arrested for employing a two-way device to expedite the commission of a felony and for traveling to meet a juvenile for sex.Lee's arrest followed a long investigation into his online life and p... Read more

In Florida, Domestic Violence Charges Cannot Be Sealed or Expunged

Anyone with domestic violence charges on record may not have his or her criminal record expunged or sealed in Florida. In Florida, the working definition of domestic violence refers to any criminal offense that causes physical injury to, or the death of, a fa... Read more

Florida police officer charged for having sex, but not telling his partners he was infected with HIV.

A police officer in Palm Beach County is facing two felony counts for failing to tell his sexual partners he has the HIV virus.  Chapter 384 of the Florida statutes governs Sexually Transmissible Diseases.  Under Florida statute 384.24 "Unlawful acts" it i... Read more

Distinguishing a Florida Misdemeanor from a Felony: A Basic Guide

People are often confused by the distinction between felonies and misdemeanors. Simply put, the difference lies in the severity of the penalties applicable.Criminal law in the State of Florida is usually divided into two categories: felonies and misdemeano... Read more

Dentist sentenced for Halloween DUI Manslaughter accident.

Yesterday, a Hillsborough county dentist was sentenced to 12 years in prison pursuant to a plea agreement with prosecutors for causing the deaths of two people in a horrible DUI Manslaughter accident during Halloween.  The drivers blood alcohol level was 0.13... Read more

News Channel 8 continues investigating Lakeland PD

Last night News Channel 8 did a story regarding the Lakeland Police Department.  The station reported a "bombshell" announcement regarding further problems at LPD.  You can see the story at this link:http://www.wfla.com/story/22856459/lakeland-police-sca... Read more

Can a convicted felon be a bail bond agent in Florida?

This week a spoke to a great group of students studying and training to become bail bond agents in Florida.  Eventually, after a 120 hour course and training under a licensed bondsman, they too will receive their bail agent license.  Many people ask me thoug... Read more

2nd District Court of Appeals rules police holding driver’s license is a seizure

Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol).  The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County.  That ... Read more

Polk county felony attorney explains new federal drug dog sniff case

Today, the U.S. Supreme Court ruled on when police can use a drug sniffing dog to search your home.  Previously, I blogged about this case and the ruling came out today.This case started out in Florida also.  This time, the U.S. Supreme Court upheld the ... Read more

Can I possess a firearm if I was convicted of Domestic Violence or there is an injunction issued against me?

Many people want to know if they are able to obtain or possess a firearm if they have been convicted of domestic violence or currently have an injunction for protection against domestic violence ordered against them.The 1968 Gun Control Act at 18 U.S.C. §... Read more

Sexual battery charges dropped in player’s case – Sexual Battery in Polk County, FL

Sex division prosecutors have dropped criminal rape charges against Michael Crabtree of the San Francisco 49ers.  As I have previously blogged about, Crabtree was being investigated by the police regarding allegations of a sexual assault at a hotel.  This is... Read more

Lakeland native loses his job after domestic violence arrest

Polk County native Chris Rainey was arrested last week for suspicion of domestic violence. He was previously arrested for a domestic crime.  Rainey was arrested for a felony stalking charge while he was still on the University of Florida football team.In ... Read more

Polk County noise control statute found unconstitutional, will my criminal charges be dismissed

What do seat belt violations, window tint being too dark, and noise violations have in common?  They are just excuses to give police and sheriff deputies in Polk County a reason to pull you over, request consent to search your car, or search it anyways, or ca... Read more

Prostitution or Solicitation for a Lewd Act – Sex Crime attorney

The Florida legislature has amended the Prostitution statute to increase the civil penalty portion of the statute to $5,000.00!!!This $5,000.00 lewdness fine applies to crimes committed after January 1, 2013Is this legal? Can they really fine me $5,000... Read more

Drug Trafficking Criminal Defense Lawyer – Drugs Controlled Substance defense attorney

TRAFFICKING IN DRUGS AND CONTROLLED SUBSTANCESDrug Trafficking is a very serious felony offense in Florida.  You need an experienced drug defense attorney defending you against drug charges and controlled substances crimes in court.  Call criminal drug d... Read more

Do False Confessions happen in Polk County Criminal cases?

A False Confession is when someone confess, or makes a statement, confessing that they committed a crime when, in fact, the person is innocent and DID NOT commit the crime.Tonight 60 Minutes aired an episode about false confessions.  The story focused on... Read more

Polk County Felony Attorney

The Florida Sheriff's Association recently completed operation "Felon Sweep."  This resulted in over 11,000 people in the State of Florida being arrested for outstanding felony warrants and criminal charges.  The felony sting operation was led by Polk County... Read more

Perjury and False Statements under oath in Polk County

George Zimmerman’s wife in the Trayvon Martin case was recently arrested for this felony crime.There are actually a few criminal statutes in Florida making perjury a crime.  These crime are found in Chapter 837 of the Florida Criminal Statutes.  The pe... Read more