August 7, 2019

Can I Get a DUI on an Electric Scooter?

You’ve likely noticed bright green bikes and scooters available for short-term rentals popping up in areas around you. While these may seem like a convenient option when you have had a little too much to drink and don’t want to drive your car home, it is still possible to get a DUI on one of these devices.

Florida Statute 306.003 defines a vehicle as “every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway.” The statute further goes on to define a motorized scooter, which falls within the above definition of a vehicle. As a result, this subjects electric scooters to the same traffic laws that a car would be expected to follow. Since these rental scooters have become more widespread, Tallahassee Police Officer Damon Miller said, “You cannot run the red light, you basically have to follow all traffic laws.” Also, when you’re riding e-scooters on the sidewalk you must yield to pedestrians on the sidewalk as well.”

While Officer Miller did not touch on the dangers of driving one of these scooters while under the influence, it is clear that you must be under the legal limit to legally operate these vehicles. Florida Statute 316.193 makes it illegal to operate an electric scooter with a blood alcohol concentration (BAC) of 0.08 or higher. Therefore, if a police officer has probable cause to believe you are operating an electric scooter under the influence, you may face the same charges and penalties as you would behind the wheel of a car.

August 7, 2019

I Was Falsely Accused of Rape – Now What?

by Adams, Luka, & Benton

I was falsely accused of rape and the police just called to question me – should I talk to them? This is a call we receive quite often because it is our client’s first instinct to cooperate with the police when they know they have been falsely accused of a crime, especially one of a sexual nature. However, talking to the police without retaining an experienced sex crimes defense attorney could lead to disastrous results later.

Anything you say to the police can be used against you if charges are formally filed. You have a legally protected right to remain silent when police want to question you regarding an ongoing investigation. If the police call you or come to your house to investigate, do not panic. Do not speak to the police regarding the alleged crime or even try to explain your innocence. Simply remain silent and tell them that your attorney will be in contact. Don’t get tricked by the police. Most people do not realize the police can lie to you to obtain a confession. They may say things like “We have you on video” or “We have a taped conversation of you admitting it.” Do not fall for this trick. Remember, if the police had solid evidence against you, they would just arrest you and not need a confession. Additionally, is also important to not discuss the potential charges with family members or friends. Anything you tell them could also be later used against you if the prosecutor chooses to call them as a witness during the trial.

While you should not talk to the police regarding the alleged crimes, you should still take the accusations seriously. After you have contacted an attorney, you should think of potential witnesses who can testify to your innocence or any potential alibis that could discredit the accusations entirely. An attorney will be able to work with the police more effectively with this information to help you get the best result. With this information, an attorney may be able to show the police there was consent during the encounter. Alternatively, they can also prove there is insufficient evidence that a crime occurred. If the police can not prove a crime happened beyond a reasonable doubt, then charges would be dropped, and your name cleared. However, it is very unlikely to have this outcome if you do not contact an attorney in the initial stages of an investigation.

February 4, 2019

Can I Face Criminal Charges for the Same Crime in Both State Court and Federal Court?

by Adams, Luka, & Benton

The short answer is yes if the criminal conduct you were involved in violated both state law and federal law then you can face criminal charges in both state court and federal court. Local or statewide law enforcement agencies including local sheriff’s departments, city police departments, and the Florida Department of Law Enforcement conduct criminal investigations involving potential criminal activity that violates Florida Law. The U.S. government also has federal laws that criminalize certain conduct; those crimes are investigated by federal law enforcement agencies including the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), or Bureau of Alcohol, Tobacco, and Firearms (ATF). State crimes are prosecuted by the state attorney’s office and federal crimes are prosecuted by U.S. District Attorneys. It is possible to be investigated by multiple law enforcement agencies at both the state and federal levels for the same criminal conduct and to subsequently be prosecuted in both state and federal court.

Many people are under the impression that the Double Jeopardy clause in the federal constitution protects them from being charged criminally for the same conduct in both state and federal court. Under the double jeopardy clause, no person can be tried twice by the same sovereign for the same offense. Each state is a separate sovereign from the United States and therefore an individual can be tried by both the state and federal government without the double jeopardy clause being violated.

An example of a common criminal activity that may allow someone to face charges in both state and federal courts would be drug trafficking, fraud charges, child pornography, and weapons charges. In many situations, an individual will be prosecuted by either the federal government or the state government, even if they were investigated by both state and federal law enforcement agencies. In some situations, an individual may be prosecuted by both. Sentencing also differs between the state and federal levels, with federal sentencing guidelines often being stricter for federal crimes. Consulting with an attorney who has experience in handling both federal and state-level criminal defense cases can help you to better understand the legal process, as well as what your rights and potential legal defenses are in both court systems.

February 1, 2019

Can I Be Charged with Money Laundering, and What Will Be the Consequences If I Am?

by Adams, Luka, & Benton

Most individuals do not understand what money laundering is, what types of actions can lead to money laundering charges or the possible legal consequences. Often times individuals associate money laundering with complex criminal organizations moving large amounts of cash or associate it as something that only happens with money from selling drugs. In reality, money laundering charges can be the result of transactions for as little as $300 involving proceeds from any type of illegal activity.

Money laundering is the process of trying to conceal, disguise, hide, or process the proceeds generated from criminal activity to make the funds appear to be from a legitimate or legal source. Some examples of illegal activities that generate money illegally would be the sale of drugs, illegal gambling, bribery, illegal kickbacks, or theft.

Under Florida law, it is illegal for someone to engage in any financial transaction while knowing the money or property involved is the proceeds of some type of illegal activity. The individual does not need to know what specific illegal activity generated the proceeds or specifically where the money originated from, only that the money or property involved was the proceeds of some type of illegal activity.

January 24, 2019

I Accidentally Brought a Weapon to the Airport, What Can Happen to Me Now?

by Adams, Luka, & Benton

Bringing a weapon to the airport unintentionally can happen. Often people are in a rush and forget to remove a weapon they usually carry with them from their bag. Others bring a weapon to the airport under the belief that they are legally allowed to do so. Unfortunately, this can lead to unintended legal consequences, whether you have a license to carry a concealed weapon or not.

Under Florida law, even individuals with a Florida concealed weapons permit are not authorized to carry a concealed weapon or firearm inside of the passenger terminal and sterile area of any airport. Under TSA guidelines, a person may carry a legal firearm that is encased in a locked container, unloaded, and declared to TSA, to be transported in a checked bag. Any individual with a concealed weapons permit who violates this law can be charged with a second-degree misdemeanor punishable by up to sixty days in jail and fines. While an individual could be taken into custody by law enforcement for this offense, officers have the discretion to possibly issue a notice to appear in court and then let the individual continue with catching their flight. Other places where individuals with concealed weapons permits are not allowed to carry firearms include police stations, courthouses, jails, polling places, schools, colleges, and universities.

If an individual brings a firearm or weapon into an airport the consequences can be even more severe. If an individual brings a concealed firearm into the airport, or any other public place, without a concealed weapons permit it is a third-degree felony punishable by up to 5 years in prison and fines. Bringing a concealed weapon that is not a firearm into the airport is a first-degree misdemeanor punishable by up to one year in jail and fines.

Orlando Criminal Lawyer Blog