December 14, 2021

The police visited me and I was accused of stalking my Ex. What should I do?

A stalker does not just have to be a creep hiding in the bushes or following 3 cars behind you everywhere you go. A stalker does not have to wear all-black clothing and have a bag full of spy gear. Often people can be accused of stalking for sending unwanted gifts or trying to contact an ex who does not want to be contacted. A situation can quickly be blown out of proportion if the other person doesn’t like your actions and you can find yourself facing a stalking or voyeurism charge.

Stalking

As stated in Florida Statute 784.048, stalking means “A person who willfully, maliciously, and repeatedly follows, harasses (acts causing a person severe emotional distress), or cyberstalks another person.” Here, stalking will require a course of conduct, meaning a person will commit a series of acts, such as following you to work every day, making never-ending phone calls, or sending you items, and performing these acts with a purpose. Stalking is a 1^st degree misdemeanor, and if convicted, you can be sentenced up to 1 year in jail or probation and a $1,000 fine. A stalking charge is increased to a 3rd-degree felony if:

November 15, 2021

What is the difference between ‘nolo contendere,’ ‘nolle prosequi,’ and ‘guilty plea?’

by Adams, Luka, & Benton

If you have ever been arrested for a crime and taken before a judge, you know that you are attending an arraignment hearing. An arraignment hearing is where you (and your attorney if you have retained one) enter a plea. We have all seen in the movies where the defendant stands up before the Court and pleads ‘guilty’ or ‘not guilty’ for the crime committed. In real life, everyone needs to plead not guilty at this time because if you pled guilty, a judge would sentence you immediately and you may not know what the judge’s sentence will be. At a later time, after the evidence is reviewed, you may choose to change your plea to nolo contendere (no contest) or guilty. For the purposes of this article, we will discuss what happens when you plead guilty or nolo contendere. Additionally, we will explain how a nolle prosequi could affect your status.

1) Pleading Guilty

This option is fairly obvious. When pleading guilty to the crime you are being charged with, you are admitting that you committed the crime. Oftentimes, a guilty plea comes about when the prosecution offers a plea deal for a better sentence if you plead guilty to the charges. Remember from the above paragraph you do not plead guilty at arraignment and you should have the evidence reviewed prior to changing your plea to guilty.

November 1, 2021

What are Florida’s rules for carrying a concealed firearm?

by Adams, Luka, & Benton

Your Second Amendment rights provide each individual the right to bear arms to provide for common self-defense. The question is, are there limitations? The Supreme Court, while granting the right to bear arms to individuals, still provides restrictions so the United States does not turn into the Wild West. Florida follows the Supreme Court’s ruling allowing individuals to bear arms and places restrictions on its citizens to ensure the safety of its citizens. It is required to have a concealed carry permit or you can be arrested for carrying a concealed firearm. However, concealed carry permits are not necessary for every situation.

Florida has certain requirements to obtain a concealed carry license. Those requirements include:

Being at least 21 years old (unless in the armed forces).

September 8, 2021

I Panicked and Gave a Police Officer False Information

by Adams, Luka, & Benton

If you are questioned by a law enforcement officer on the street after being pulled over in a vehicle, it is not uncommon to be nervous. Depending on why you are being pulled over just may persuade you how you will answer when questioned by police. Imagine driving on I4 enjoying your afternoon, and then you see blue and red lights flashing behind you. You pull over to the side of the road and the police officer walks up to your side of the window. You begin panicking for various possible reasons; your license is suspended, you have a firearm in the car, a warrant out for your arrest, or you even have drugs in the car. Now, how you respond to the officer’s questioning may affect if you are charged with providing false information to law enforcement. A charge of providing false information to law enforcement results from lying to law enforcement.

Under Florida law, Section 837.05, states that “a person who knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree.” If this is your first offense, for False Information it is a first-degree misdemeanor. If convicted, can result in penalties of up to 1 year in jail or 12 months of probation, and up to a $1,000 fine. A second offense for providing False Information is classified as a third-degree felony, with possible penalties of up to 5 years in prison or 5 years of probation, and up to a $5,000 fine. In addition, a person who knowingly provides false information concerning a Capital Felony commits a felony of the third degree which may result in penalties of up to 5 years in prison 5 years of probation, and a $5,000 fine.

In order to be convicted of providing false information to law enforcement the prosecution must establish two elements beyond a reasonable doubt. To establish that the accused provided false information the state must prove that the accused knowingly and willfully gave false information about an alleged commission of a crime to a law enforcement officer.

August 9, 2021

How resisting an officer with or without violence can be enforced against you

by Adams, Luka, & Benton

An officer walks up to you and tells you she has a reasonable belief that you have drugs on your person. You allow her to search your pockets and she comes up with cocaine. She places you in handcuffs but when she asks you to sit on the sidewalk while she calls another officer, you refuse. She tells you again to sit on the sidewalk and you once again refuse. Regardless of your intentions on why you do not want to sit on the sidewalk, the officer charges you with possession of cocaine and resisting arrest without violence.

Law enforcement officers have protections strictly enforced regarding how individuals will react when getting arrested. Because officers are placed in unknown danger when arresting an individual, not knowing how a person will respond when stopped, questioned, or placed in handcuffs, Florida created Statutes 843.01 and 843.02 to provide definitions and legal convictions should you be charged with resisting arrest without violence or with violence.

Under Florida Statute 843.02, resisting an officer without violence examples include: not obeying commands, refusing to be placed in handcuffs, refusing to sit on the ground when asked, or trying to escape being arrested. Even verbal actions, such as warning another person so they are not arrested are considered grounds for charging you with resisting arrest. If charged with resisting without violence, that constitutes a 1st-degree misdemeanor, resulting in jail time or probation for up to 1 year and a fine of up to $1,000.00.

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