November 17, 2019

The police threatened me until I confessed to a crime I did not commit; can they use this against me?

If you have been accused of a crime and have not yet retained an experienced criminal defense attorney, it is easy to become overwhelmed by the police’s demands to discuss the alleged charges. When you are unrepresented, police are more likely to employ illegal tactics to get a confession from you. These tactics include using violence, promises, or threats to force a confession. To best protect your rights, it is important to know how police can – and, more importantly, cannot – elicit a confession from you during their investigations.

Any confession made involuntarily cannot be used against you in court. However, not all involuntary confessions fall under this category. A forced or coerced confession has only occurred when the police have threatened to use, or have used, violence against the accused which directly leads to their confession. Some examples of this type of force include:

Use of violence, including choking, hitting, or pushing a suspect

September 21, 2019

What is the Difference between Prostitution and Human Trafficking, and What Type of Conduct Can Result in Human Trafficking Charges?

by Adams, Luka, & Benton

Florida lawmakers have recently been focusing on increased efforts to combat the crime of human trafficking. The result of these efforts has been new legislation criminalizing a broad range of conduct most people don’t realize is connected with human trafficking. News headlines of human trafficking arrests have been increasing across the state, with many individuals facing lengthy prison sentences for these crimes.

Many people have difficulty distinguishing between the crimes of human trafficking and prostitution. The key difference is essentially consent or coercion. Prostitution criminalizes the exchange of sexual acts for money with consenting individuals. Human trafficking is considered by the Florida legislature to be modern-day slavery involving an element of coercion that isn’t present in prostitution. Human trafficking also includes trafficking individuals for labor or services. Most prostitution offenses are misdemeanors, while human trafficking offenses are felonies carrying much harsher sentences.

Under current Florida law, the crime of human trafficking is defined as any person who knowingly, or in reckless disregard of the facts, engages or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking for labor or services or commercial sexual activity, or using coercion for labor, services, or commercial sexual activity.

September 20, 2019

Is Over Drafting on a Bank Account with a Debit Card or Check a Crime?

by Adams, Luka, & Benton

I recently wrote a check and knew at the time that I did not have enough money in my bank account to cover the full amount. I was hoping that I could add enough funds to my account before the check was cashed to cover it, but I wasn’t able to and now the check has bounced. I know that my bank will charge me overdraft fees, but can I also be charged with a crime?

The short answer is it is possible. Under Florida law, there are many ways you could potentially face criminal charges for check fraud. For example, it is illegal to write a check or use a debit card while knowing at the time that there are insufficient funds in your account. It is also a crime to cash or deposit a check into your account with the intent to defraud, forge checks, forge signatures, or sign someone else’s name on a check, or otherwise alter a check and then deposit it into your account or cash it. Writing a check and then improperly issuing a “stop payment” order on it to prevent it from being cashed is also a crime. Issuing a worthless check or debit card order is a misdemeanor of the first degree punishable by up to one year imprisonment and a fine if the amount is less than $150. If the amount is $150 or more, it becomes a felony of the third degree, punishable by up to five years imprisonment and a more severe fine. Cashing or depositing a check with the intent to defraud is also a felony of the third degree. All are theft and fraud crimes.

There are several defenses available to these charges that an experienced attorney may be able to raise on your behalf. The person using the debit card or writing the check cannot be charged if the person or business they gave the check to or used the debit card with knows, has reason to know, or has been expressly informed that there were not sufficient funds in the account to cover the transaction. Postdating a check to be cashed in the future or verbally asking that the check not be cashed until a date in the future can also be a defense. Surprisingly, making a payment for the overdrawn amount at a later date in an attempt to remedy the situation is not a defense.

August 7, 2019

How Will the First Step Act Affect Criminal Justice Reform in Florida?

by Adams, Luka, & Benton

The First Step Act, federal legislation for criminal justice reform, was just passed by the U.S. Senate. The First Step Act is aimed at reducing our country’s mass incarceration rates by reducing sentences and offering more programs to reduce recidivism rates. Under this act, federal judges will now have more discretion in bypassing mandatory minimum sentences, allowing them to give lighter sentences for non-violent drug offenses. Other sentencing guidelines have also been reduced, including the “three strikes rule,” which has been lowered from a mandatory life sentence down to twenty-five years. A law that increases sentences for individuals in possession of a firearm while committing a crime by up to twenty-five years will no longer apply to first-time offenders. The First Step Act will also make a 2010 statute that reduced the sentencing disparity rate between crack cocaine and powder cocaine charges retroactive to extend the reduced sentencing to individuals sentenced prior to the 2010 statute. Some other benefits for current inmates include more access to job training programs and programs designed to reduce recidivism rates, an expansion of early release programs, and pregnant inmates can no longer be shackled.

While the First Step Act is federal legislation and only applies to individuals with federal charges or in the federal prison system, it is reflective of changes that some states have already been working towards for years and indicative of possible changes that may be coming in Florida. Criminal justice reform has become a political hot topic in our state, with reform bills gaining bipartisan support. A new bill titled the Florida First Step Act has been proposed which incorporates many of the reforms from the federal First Step Act. One proposed change is to increase the threshold for felony theft from $300 to $1,500. Other proposals include allowing judges more discretion in bypassing mandatory minimum sentences for non-violent drug offenses, reducing sentences by 60 days for prisoners enrolled in educational programs, and alternatives to monetary bail for non-violent misdemeanor charges. The legislature will have the option to apply all reform laws retroactively to benefit individuals who are already sentenced.

The First Step Act’s name is indicative of the overall goal for expansive criminal justice reform throughout the country, with this legislation being considered only the first of many changes to come. With some of these changes being retroactive, as well as the possibility of new changes in the future, individuals currently facing charges as well as those already sentenced should continue to consult with experienced criminal defense attorneys who are staying informed of the newest changes to determine if any of the new laws being passed will apply to their case.

August 7, 2019

College Admissions Scandal and Its’ Legal Implications

by Adams, Luka, & Benton

Over 50 people, including celebrities, CEOs, and administrators, have been charged following the long-running college admissions scandal. Those charged paid over $25 million to ensure their children were admitted to elite universities, including Yale, Stanford, Georgetown, and the University of Southern California, despite the students not having the qualifying credentials. Among those charged, the most notable are Lori Loughlin, from “Full House,” her husband and fashion designer, Mossimo Giannulli, and Felicity Huffman, from “Desperate Housewives.” Loughlin and Giannulli were indicted for allegedly paying $500,000 to have their two daughters designated as crew recruits to guarantee admission to USC, despite neither girl ever having done crew. Huffman, meanwhile, was indicted for allegedly paying an organization $15,000 to help her daughter cheat on the SAT.

The charges for the parents include racketeering, conspiracy to commit mail fraud, money laundering conspiracy, and obstruction of justice. At the heart of this recent story and scandal are several fraud charges. Mail fraud and wire fraud are broad terms that cover any scheme sent via mail or wire intended to deprive someone else of money or assets using fraudulent means. Examples include investment scams, “foreign inheritance” emails, and Ponzi schemes. These charges are punishable through federal law. Mail fraud uses U.S. mail or a private mail carrier to defraud someone for money, property, or what is referred to as “honest services.” If you are convicted of mail fraud, you could spend up to 20 years in federal prison and be ordered to pay a substantial fine. Wire fraud is very similar to mail fraud, but instead uses the phone, fax, email, and other electronic communications to carry out a fraudulent scheme. The potential penalties are the same as a mail fraud conviction.

While mail and wire fraud are dealt with at the federal level, Florida law addresses some of the serious offenses the parents have been charged with, including racketeering. In fact, Florida’s RICO (Racketeer Influenced and Corrupt Organization) Act closely mirrors that of the Federal RICO Act. A violation of Florida’s RICO Act alleges participating in an enterprise through a pattern of racketeering. The crime is charged as a first-degree felony punishable by up to 30 years. Florida law defines “racketeering activity” as soliciting, coercing, or intimidating another person to commit criminal charges.

Orlando Criminal Lawyer Blog