The Police Officer Never Identified Himself
If you didn’t know you were dealing with a police officer, you may have the right to resist an arrest. Many undercover officers fail to identify themselves before violently attempting to arrest individuals. How can you be sure that they’re really a police officer? In order to prove their identity, they must show you their badge.
In many cases throughout Florida, criminals have impersonated police officers to rob, threaten, or harm innocent people. They may claim to be undercover police officers, or they might even wear fake uniforms. This highlights the need to be skeptical about a police officer’s identity before acquiescing to an arrest. You are within your rights to ask an arresting officer to show you their badge. If they refuse to do so, their actions may be unlawful.
You Weren’t Aware of the Police Officer
You might not have been aware of the police officer who was attempting to arrest you. Perhaps you were running down a street, and you simply didn’t realize that you were being pursued by police officers. Maybe you were so heavily intoxicated that you could not clearly see or hear your surroundings. You may have been driving a vehicle, and perhaps you assumed that the sirens and lights in the distance pertained to some other situation. You must have the intent to resist arrest for prosecutors to secure a conviction.
The Police Officer Used Excessive Force
If a police officer uses excessive force, you may be well within your rights to attempt to defend yourself. For example, a police officer might be kicking or clubbing you while you’re down. If these beatings continue when you are clearly not resisting, you may be justified in pushing the officers away and attempting to escape. This is based on the age-old principle of self-defense, and police officers can encounter legal consequences for excessive force in Florida.
The Arrest Was Unlawful
You might also escape resisting arrest charges if you can prove that the underlying arrest was unlawful. For example, the officers might have conducted a search of your vehicle without probable cause. Perhaps they detained you without ever charging you with an offense. These situations could be unlawful, and you may therefore have a constitutional right to resist.
Find a Qualified Defense Attorney in Fort Myers
If you’ve been searching for a qualified, experienced Fort Myers criminal defense attorney who can help you push back against resisting arrest charges, look no further than Foley & Wilson. With our assistance, you can strive for positive results in a confident manner. Even if your situation does not involve any of the viable reasons mentioned above, you can still execute numerous strategies to mitigate legal consequences. Book your consultation today to learn more.
Source:
ojp.gov/ncjrs/virtual-library/abstracts/criminal-law-self-defense-and-right-resist-unlawful-arrest
]]>Not Getting a Job
The conditions of each probation are different, but many defendants face mandatory employment requirements after release. It is your responsibility to gain employment in many cases. If you are already employed, you may need to maintain your employment to meet the conditions of your probation. If you are fired due to factors beyond your control, you may still meet the conditions of your probation if you immediately seek and gain new employment.
Hanging Out with the Wrong Crowd
If you have certain associates or friends who are clearly involved in criminal activities, you may need to avoid all contact to meet the requirements of your probation. Although it might be tempting to check in with these acquaintances, it is best to steer clear. If they are truly your friends, they will understand your need to meet the conditions of your probation.
Committing New Crimes
Perhaps the most obvious way to violate your probation is by committing new crimes. Those on probation should be on their “best behavior,” and this means avoiding even the most minor offenses. This might include not only obvious, intentional crimes, but also accidental offenses – such as a DWI.
Leaving the State
You should know that the authorities are keeping a close eye on you while you’re on probation. Any attempt to leave the State will be viewed with suspicion, and it will likely constitute a violation of your probation.
Failing Drug Tests
You may be subjected to drug tests during probation, especially if your offense was drug-related. It is important to resist the urge to take drugs during this process, as it could easily put you back behind bars.
Missing Curfew
Some people face curfews during probation, and others are placed under house arrest. It is important to adhere to these rules – even if staying home becomes very boring.
Failing to Complete Classes or Community Service
You may be ordered to complete various classes or programs during your probation. These might include drug rehab programs, drunk driving classes, domestic violence programs, and so on. You might also be ordered to complete community service. It is very important to attend these appointments.
Find a Qualified Probation Defense Attorney in Fort Myers
If you’ve been searching for a qualified, experienced probation defense attorney in Florida, look no further than Foley & Wilson. With our assistance, you can address your alleged probation violation in a confident manner. The right strategy can help you steer clear of incarceration and avoid consequences associated with probation violations. Book your consultation today to get started with an effective action plan.
Source:
fdc.myflorida.com/cc/index.html
]]>Teen Sentenced to 18 Months in Prison for Sports Gaming App Hack
On January 31st, Bloomberg reported that a 19-year-old had been sentenced to 18 months behind bars for hacking the popular sports gaming app DraftKings. US District Judge Lewis Kaplan completely rejected the teen’s defense strategy, which revolved around his youth and his naivety. Kaplan explained: “I understand about his youth, but this was pretty remarkable.” Turning to the defendant, the judge continued: “What you did – huge amounts of money, really.”
This huge sum of money was actually well under $1 million, and the teen managed to get his hands on about $600,000 thanks to the hack. Passwords and usernames were scraped from 1,600 accounts, allowing the teen to drain funds from the app. However, this wasn’t the first time the teen had carried out such an attack, and further investigations found that he had a database of 38 million username/password combinations. That is roughly equivalent to the entire population of Canada.
Along with his prison sentence, the defendant was ordered to pay $1.3 million in restitution to DraftKings. The judge stated that he felt he had no choice but to order the sentence, as he wanted to send a message to other would-be hackers in the future.
Gary Bowser Released from Prison
Gary Bowser believes that his sentence was also intended to “send a message” to other hackers. In 2022, the hacker was sentenced to 40 months in prison for hacking various Nintendo consoles – although he was released after just 14 months for good behavior.
During his hacking career, Bowser created and distributed illegal pirating software that allowed users to download and play Nintendo games for free. He specifically targeted consoles like the 3DS and Switch – becoming as villainous to the Japanese company as the homonymous Mario antagonist. One of the most unique aspects of this story is a condition of Bowser’s release that forces him to pay 25% of all future income to Nintendo for the rest of his life.
Find an Experienced Federal Cybercrime Defense Lawyer in Fort Myers
Consider working alongside an experienced Fort Myers cybercrime defense lawyer if you were accused of hacking a video game. With an experienced defense attorney from Foley & Wilson at your side, you can approach your charges in an effective manner and mitigate any potential consequences you may be facing. These two stories illustrate just how seriously federal courts take cybercrimes – whether you’re hacking into the CIA mainframe or a Nintendo 3DS. Book your consultation today to discuss potential defense strategies.
Sources:
bnnbloomberg.ca/draftkings-hacker-sentenced-to-18-months-over-600-000-theft-1.2029146
videogameschronicle.com/news/nintendo-hacker-gary-bowser-says-sentence-is-a-warning-to-others/
]]>Borrowing Items and Forgetting to Return them Is Generally Legal in Florida
In Florida, you can only face consequences for borrowing items if you never intended to return them. As with many other criminal offenses, intent is an important element of theft. Without it, you cannot be convicted. For example, you might borrow a friend’s jacket or bike with the intention of eventually returning it to them. Even if you forget to actually return the item, this doesn’t mean you intended to keep it forever.
That being said, Florida’s theft laws state that you can still face penalties even if you temporarily deprived the true owner of an obtained item. In practice, however, you are unlikely to face any consequences if you borrowed an item and kept it for an extended period of time without returning it.
The Borrowing Defense Does Not Apply to Numerous Situations
Note that the borrowing defense is not a “get out of jail free card” for all theft charges. You cannot simply state that you were borrowing a stolen item and expect to avoid all consequences. For example, you might have stolen an item from a store at a mall. If you are approached by a security guard who saw you take the item, an explanation that you were “just borrowing” the stolen item is likely to fall on deaf ears.
Even if you get permission to borrow the item, this situation can quickly become theft under certain circumstances. For example, the owner might request that you return the item. If you continuously refuse, the owner may report you to the authorities – and you could face charges. You must also be aware of certain evidence that may be used against you. While you might claim to have forgotten about the borrowed object, other evidence may call this into question. For example, you might have joked with a witness about how the owner will never get their item back. If you hid the item or claimed that you lost it, this could also be interpreted as intent to commit theft.
Find a Qualified Theft Defense Lawyer in Fort Myers
If you have been searching for a qualified, experienced theft defense lawyer in Fort Myers, look no further than Foley & Wilson. We know that many theft charges are based on honest misunderstandings, and the “borrowing defense” may be viable in many situations. Reach out today to discuss your unique situation in more detail and get started with an appropriate defense strategy.
Sources:
m.flsenate.gov/statutes/812.014
become.co/blog/a-brief-history-of-loans-business-lending-through-the-ages/
ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/larceny-theft#:~:text=Examples%20are%20thefts%20of%20bicycles,are%20included%20in%20offense%20totals.
]]>Florida Man Gets 13 Years in Prison for Receiving Meth via U.S. Mail
On February 12th of 2024, Florida Daily reported that a man from Tallahassee had been sentenced to 13 years in prison after pleading guilty to numerous drug and firearms charges. U.S. Attorney Jason R. Coody stated that the defendant started receiving meth via the U.S. Postal Service after being released from prison in 2022. The drugs were shipped from Arizona, and law enforcement eventually intercepted the parcels. After intercepting numerous parcels headed for the defendant’s home, investigators executed a search warrant and found more drugs at the residence.
When a drug transaction crosses state lines, it becomes a federal offense. This is becoming a common occurrence throughout the nation, and many defendants have no idea that they are committing federal crimes. New “dark web” sites make it very easy to sell drugs online, and a federal crime occurs whenever one of these sellers ships the product into another state. Keep in mind that federal agencies – including the USPS – are now well aware of these mail-order schemes. As such, they employ advanced methods to identify drug parcels – including K9 units and scanning technology.
Defenses to Mail-Order Drug Charges
There are numerous potential defense strategies that may apply to mail-order drug charges. For example, you might never have consented to having the mail sent to your residence in the first place. It might have been sent to the wrong address, or perhaps you played the role of an unwitting drug mule. A drug buyer – perhaps a neighbor – might have sent the drugs to your home in order to avoid suspicion.
They may have waited patiently for the mail truck to arrive each day before checking your porch for the parcel. When the day finally arrived, the DEA and various federal agencies might have arrested you the moment you picked up the parcel – despite you not having any idea what was going on. In any case, the evidence may have been illegally obtained – and it might be inadmissible in court. Speak with your lawyer for more specific information on applicable defense strategies.
Find a Qualified, Experienced Federal Drug Crime Lawyer in Fort Myers
If you’re facing federal drug charges for mail-order meth, consider reaching out to a qualified Fort Myers criminal defense lawyer at your earliest convenience. These crimes can be much more serious than drug deals within Florida, and the crossing of state lines may lead to heightened, federal penalties. With our help, you can discuss potential defense strategies and approach this situation with confidence. Reach out to Foley & Wilson today to get started.
Source:
floridadaily.com/florida-man-sentenced-to-13-years-in-prison-for-receiving-meth-through-u-s-mail/
]]>Assaulting Officers or Resisting Arrest
If you assault officers or resist arrest after committing an alleged burglary, you will almost always face more severe consequences. On February 13th, it was reported that a burglary suspect had struck a deputy while being pursued. The suspect allegedly sought refuge inside a children’s playground – choosing to hide inside a slide and remain as quiet as possible. The slide was described as having a “corkscrew” design, and the suspect refused to come out even when ordered to surrender by police.
Eventually, the deputies had to drag her out of the slide – and that’s when the suspect allegedly elbowed one of them in the face. Later, deputies accused her of leaving a mess in the playground area – as she allegedly damaged various fences and other property. In the end, she was charged with two counts of burglary, one count of resisting arrest with violence, and one count of battery on a law enforcement officer.
Breaking into Certain Locations
Breaking into certain locations may result in more serious penalties. On February 9th of 2024, it was reported that a Florida man was facing a felony burglary charge after breaking into a courthouse. Somewhat confusingly, the defendant seems to have been the one who called 9-11, and he claimed that he was being “chased” while inside the courthouse. The exact details of the incident aren’t exactly clear – but police say that video surveillance footage clearly shows him breaking into the public building and causing damage to one of the doors.
Prior Offenses
Prior offenses may also heighten consequences associated with burglary. On February 7th of 2024, it was reported that a convicted felon had been sentenced to life in prison after committing a car burglary. While this might seem excessive, the defendant was classified by the courts as a “prison release reoffender,” which makes him eligible for life imprisonment after committing certain offenses. He was caught with several items stolen from a pickup truck, including a handgun, cash, and credit cards.
Find a Qualified, Experienced Defense Attorney in Fort Myers
If you’ve been searching for a Fort Myers burglary defense lawyer, look no further than Foley & Wilson. With our assistance, you can strive for positive outcomes – even if your burglary charges involve certain aggravating factors that could heighten penalties. Book your consultation today to discuss the most appropriate defense strategy based on your unique situation.
Sources:
news-journalonline.com/story/news/courts/2024/02/07/felon-gets-life-after-car-burglary-at-washington-oaks-gardens-state-park/72505671007/
wlox.com/2024/02/09/florida-man-arrested-burglary-after-breaking-into-gulfport-tag-office/
fox13news.com/news/florida-burglary-suspect-batters-deputy-after-trying-to-hide-from-law-enforcement-in-playground-slide-fcso
]]>Florida’s Two-Party Consent Laws Explained
Florida has a two-party consent system when it comes to recordings, which means that your spouse must get your consent before recording you. If they record you without your knowledge and the footage involves a private setting (like your family home), the resulting evidence may be inadmissible in court. Not only that, but the individual who distributes this footage could face criminal consequences themselves.
However, Florida amended its two-party consent system in 2021, allowing those protected by injunctions (protective orders) to record audio communications that violate said injunctions. However, this only applies to those who have already obtained injunctions, and it only deals with audio communications.
The end result? It is more challenging to use secret recordings in court in Florida compared to most other states. The Sunshine State is one of only 12 jurisdictions that maintain two-party consent laws – and most other states have abandoned these rules – citing the benefits for allegedly abused individuals who need to prove the existence of domestic violence.
Judges Can Still Admit Video Footage in Some Cases
That being said, the two-party consent system in Florida does not guarantee the admissibility of video evidence in domestic violence cases. Some judges may choose to admit the evidence if they feel it is very relevant – and some residents may be willing to accept the criminal consequences of failing to get consent in exchange for showing the footage in court. In the end, it is important to work with a qualified, experienced defense attorney to ensure that this evidence stays out of court.
When the Two-Party Consent Laws Do Not Apply
If the alleged incident occurred in public, then the two-party consent laws may not apply. For example, you might have been caught on camera allegedly threatening or assaulting your significant other in a public area. If a bystander records this footage, it may find its way into court – even if your significant other does not want to press charges.
These laws may also not apply if you have visible security cameras on your property, and both spouses are aware of these cameras. Footage from these cameras would likely be admissible, as both spouses may inherently be aware that they are being recorded.
Find a Qualified, Experienced Domestic Violence Defense Lawyer in Fort Myers
If you’ve been searching for a qualified, experienced Fort Myers criminal defense attorney, Look no further than Foley & Wilson. With our assistance, you can strive for optimal results – even in the face of seemingly convincing evidence. Some video footage may be inadmissible, and you may have the opportunity to have this evidence thrown out of court. To learn more about your legal options as you approach a domestic violence charge, be sure to book a consultation today.
Sources:
tbbwmag.com/2022/05/18/recorded-conversations-a-warning-and-call-for-change/
dmlp.org/legal-guide/florida-recording-law
]]>In addition to these specific offenses, Florida law provides for enhanced penalties for habitual offenders and those convicted of sexually motivated crimes. Moreover, individuals convicted of certain sex crimes may face lifelong consequences, such as mandatory registration as a sex offender, which can profoundly impact various aspects of their lives, including employment, housing, and relationships.
In conclusion, Florida’s legal framework concerning sex crimes is comprehensive and stringent, reflecting society’s commitment to protecting individuals from sexual violence and exploitation. The penalties associated with these offenses underscore the gravity with which they are regarded and serve as a deterrent to potential offenders. Contact the Foley and Wilson Law Firm in Fort Myers, Florida or Naples, Florida if facing state or federal Sex Crimes Charges.
DEFENSES TO CERTAIN SEX CRIMES
Navigating the complexities of defending against sex crime charges in Florida requires thorough legal expertise and a nuanced understanding of the applicable laws and defenses. Consulting with a knowledgeable criminal defense attorney is essential to building a robust defense strategy tailored to the specific circumstances of the case.
Please be aware that the above information is for information only and is not intended to serve as legal advice. Remember, if you’re accused of a sex crime, think very carefully before talking to law enforcement investigators. Your best bet is to remain silent, as is your right by law. Then, contact a knowledgeable law firm. The Foley & Wilson Law Firm in Fort Myers and Naples is a call you should make. Foley is a retired FBI Agent and former State prosecutor. Wilson is a former Federal prosecutor and appellate attorney. Both Foley and Wilson have extensive legal experience with sex crimes.
]]>What Exactly IS the “Chain of Custody” in a Drug Case?
When prosecutors, law enforcement officials, laboratories, and other parties take possession of drug-related evidence, they have “custody” of that evidence. Once they have custody, they become responsible for its safety, reliability, and transparency. These parties must be very careful to prevent any tampering, loss, or alteration of the evidence during transport, storage, and analysis. If they fail in this regard, the evidence may become unreliable and therefore inadmissible in court.
Why Is Chain of Custody Important?
Chain of custody has become increasingly important in drug cases today due to the shocking frequency with which police officers plant drug evidence on innocent people. There have been numerous documented cases of this in Florida within the past few years, and this has thrown doubt on the entire criminal justice system. Corruption is certainly an issue within police departments across the State, and establishing the chain of custody is crucial for prosecutors facing scrutiny.
The prosecution always has the burden of proof, and this applies to the chain of custody. In other words, it is their responsibility to prove that the evidence is reliable. It is not, on the other hand, your responsibility to prove that the evidence is unreliable. If police cannot convincingly establish a proper chain of custody, the evidence may be thrown out of court.
Can I Challenge the Chain of Custody?
Even though it is the prosecution’s responsibility to prove proper chain of custody, you can also challenge the reliability of the evidence by highlighting chain of custody issues. You can do this in many ways. First, your attorney might closely examine the evidence log, which should record who had control of the evidence – and at what time. Any inconsistencies, abnormalities, or errors could help you challenge the chain of custody. You might also challenge the sealing of the evidence. For example, broken seals could indicate that the evidence has been tampered with.
Find a Qualified, Experienced Drug Defense Lawyer in Fort Myers
If you’ve been searching for a qualified, experienced drug crime defense lawyer in Fort Myers, look no further than Foley & Wilson. Chain of custody issues represent only one potential defense strategy in a drug case, and there are many others to consider. With our help, you can push back against charges, challenge the evidence laid against you, and seek positive outcomes. Book your consultation today to get started with an effective defense strategy.
Sources:
tallahassee.com/story/news/local/2022/10/14/zach-wester-victims-drug-planting-deputy-agree-settle/10484276002/
tallahassee.com/story/news/local/2021/05/14/zachary-wester-zach-takes-stand-testifies-denies-planting-drugs-speaks-jackson-deputy-evidence/5088271001/
]]>Golf Carts
It is possible to face DUI charges for operating a golf cart while intoxicated in Fort Myers. There was at least one such arrest in 2023, and Fort Myers also witnessed a shocking incident regarding small children that year. It goes without saying that the local authorities take golf carts very seriously in the modern era – especially as a higher number of residents move toward these vehicles in favor of passenger cars.
With all that said, the potential for golf carts to cause damage and injury is much lower compared to a traditional passenger vehicle. While two cars colliding can cause critical injuries or death, a golf cart operator almost always experiences worse injuries when colliding with a traditional motorist. This means that the potential for a DUI causing injury (one of the worst DUI offenses) is relatively low for intoxicated golf cart operators.
E-Bikes
It is certainly possible to face a DUI while operating an e-bike in Fort Myers. Like golf carts, these electric vehicles have seen widespread adoption throughout Florida within the past few years. Many e-bike enthusiasts assume that because licenses are not required, this also means that DUI laws do not apply. However, this is not the case – and an e-bike is treated in the same manner as a traditional passenger vehicle for the purposes of DUIs. E-bikes are also capable of reaching serious speeds that surpass golf carts. Often, e-bike operators ride on the sidewalk – and pedestrian collisions can be fatal in some cases. This can lead to extremely serious DUI charges.
Bicycles
Even if your bicycle is not powered by an electric motor, you can still face DUI charges for riding while intoxicated. At first, it might seem like riding your bike home after a night of drinking is the most responsible course of action. While it is certainly more responsible than getting behind the wheel, the truth is that you might face DUI charges anyway. That being said, the chances of a police officer noticing a drunk cyclist and taking action are relatively low – especially compared to drunk drivers.
Find a Qualified, Experienced DUI Defense Attorney in Fort Myers
If you are searching for a qualified DUI defense attorney in Fort Myers, look no further than Foley & Wilson. We know that it can seem surprising to face DUIs after operating certain vehicles – especially bicycles or scooters. While it’s important to take these charges seriously regardless of the vehicle, there is no need to accept needlessly excessive consequences for your actions. Book a consultation today to determine the most appropriate defense strategy based on your unique circumstances.
Sources:
espnswfl.com/2023/09/11/florida-man-accused-of-dui-while-maneuvering-a-busted-up-golf-cart/
youtube.com/watch?v=lXqcu1RSxD8
]]>