Escobar, Michaels & AssociatesFindLaw IM Template2024-03-14T12:58:25Zhttps://www.escobarlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503176/2022/09/cropped-fav-i-32x32.pngOn Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588252024-03-06T10:43:42Z2024-03-11T09:43:26ZThe digital age has brought convenience but also opened a pathway for harmful activities like “revenge porn.” This term refers to the non-consensual sharing or posting of explicit private images or videos of an ex-partner, commonly through social media. This problem has become so common that Florida created a law in 2015 to combat this issue.
Known as the Sexual Cyberharassment law, it serves as the state’s commitment to preserving privacy. It also aims to prevent the emotional harm that comes from such actions by making this behavior illegal.So, those who violate this law by participating in revenge porn can face severe consequences.
Unlawful sharing of images or videos of an ex-partner
When a distributor shares sexually explicit materials of their ex-partner without consent, it is often with the intent to cause emotional distress. These explicit materials become ‘revenge porn’ when they expose the ex-partner’s nudity or their involvement in sexual activity, publicly revealing private moments that were not meant for public consumption. Notably, even if both parties freely shared such materials during their relationship, they should remain private for both parties.Such sharing of images or videos violates the law. The victim can then seek relief from law enforcement and identify the distributor. If law enforcement finds sufficient evidence of the distributor’s guilt, they can arrest and charge the distributor, who could then face serious consequences.
Consequences of the offense
Courts classify a first offense as a first-degree misdemeanor, which can lead to severe penalties. These penalties can include up to one year in jail, one year of probation and a $1,000 fine. For those with a prior conviction who commit the offense again, the law escalates it to a third-degree felony. Such a felony can result in up to five years in prison, five years of probation and a $5,000 fine.A possible defense against sexual cyberharassment allegations often involves challenging the evidence. If there’s a way to dispute the claim that the accused wasn’t the one who shared the explicit material, this could form the basis of a strong defense. An attorney could be beneficial in such instances. They can help the defendant work through their case during the ensuing legal process.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588242024-02-16T08:35:53Z2024-02-21T08:35:29ZConcealed carry permits don’t extend to open carry
Per state law, a concealed carry license only allows the holder to carry a concealed weapon or firearm, but not to open carry said weapon. Thus, permit holders must keep their weapons concealed in public or risk violating the law.
Rules on the intentional display of a firearm
Although concealed carry permit holders may be prohibited from open carry, they’re allowed to briefly display their firearm to another person as part of self-defense. By law, this isn’t a violation, but it becomes an open carry offense if the firearm owner flashed their weapon in an angry or threatening manner outside of self-defense.
The penalties for open carry violations
Violating Florida's open carry law can lead to serious consequences. Individuals found openly carrying weapons may face a second-degree misdemeanor charge, which can result in a fine up to $500, up to 60 days in jail, or both.
Florida's stance on open carry is clear: it’s illegal. Whether you are a resident or a visitor, understanding this law is essential. For those with concealed carry permits, remember that the permit does not extend to open carry. If you find yourself facing charges, know that a legal professional may be able to guide you through the court process and protect your rights.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588212024-02-02T06:23:42Z2024-02-07T06:23:29ZWhich controlled substances lead to DUIs?
According to Florida law, a person commits DUI if they operate a motor vehicle while under the influence of alcohol or any intoxicating chemical or controlled substance.
The state has lists of controlled substances categorized by their level of potential abuse and medical use. Some of the more common controlled substances that can impair driving include cocaine, meth, opioids, antihistamines, and even certain cough medicines. These substances can cause inebriation or stimulation, impairing a driver’s motor skills and judgment.
Legal standards for drug impairment
Unlike alcohol, where the legal limit is .08% BAC, law enforcement officers determine drug impairment based on observation and test results.
Officers will look for the following behaviors, which could signal drug impairment:
Erratic driving, such as swerving or abrupt stopping
Slow reaction times
Impaired coordination or motor skills
Altered mental state or confusion
Law enforcement might also conduct field sobriety tests and blood tests to see if any substances are in the driver’s system.
Penalties for drug DUI
The penalties for a drug-induced DUI are the same for an alcohol-induced one. A first-time offender will face the following penalties on conviction:
As much as $1,000 in fines
Up to six months of imprisonment
50 hours of community service
Up to 10 days of vehicle impoundment
In addition, the driver might also face administrative penalties such as revoking their license for up to a year.
Drugs and other controlled substances that can impair your ability to operate a vehicle can lead to DUIs. Florida makes no distinction between drug and alcohol DUIs, so you can even face charges and penalties for cold medicine that makes you too sleepy to drive. Consider consulting a legal professional if you find yourself on the receiving end of allegations because a conviction can lead to fines and jail time.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588202024-01-23T10:00:53Z2024-01-26T10:00:26ZDefining shoplifting in Florida
The offense of shoplifting is legally known in the state as retail theft. While the law defines retail theft as taking merchandise from a store without paying its full price, it’s not limited to actions such as taking an unpaid item out of the store. Using antishoplifting devices such as booster bags, concealing merchandise on your person, altering price tags and transferring the contents of merchandise from one container to another are also considered shoplifting by law.
Penalties for shoplifting
If a court convicts a person of shoplifting, the penalties are the same as those for simple theft. However, Florida has enhanced penalties for those committing petit theft from a merchant for a second or subsequent time:
Petit theft: If the value of the stolen goods is less than $300, it’s a petit theft offense.
First degree: Stolen property valued between $100 and $300 can lead to up to one year in jail and a $1,000 fine.
Second degree: For property valued at less than $100, the penalty can be up to 60 days in jail and a $500 fine.
Second or subsequent petit theft from a merchant offense: Up to $1,000 in fines or the convicted person has to render public services designated by the court.
Grand theft: If the stolen property is worth more than $300, the offense is grand theft. Even the lowest criminal grade of grand theft – third degree – is a felony offense punishable by up to five years of prison and $5,000 in fines.
In summary, shoplifting in Florida is a serious crime with lasting repercussions. Whether you're a Florida resident or a visitor, respecting the law and understanding the potential consequences of shoplifting is important. Always consider the long-term impact of your actions and seek legal advice if necessary.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588182024-01-17T09:09:26Z2024-01-22T09:09:11ZWhat is online identity theft?
In Florida, identity theft involves the intentional and illegal use of another person’s sensitive information. Although such theft can happen offline, advances in technology have allowed culprits to use sophisticated internet tools to obtain and exploit other people’s data.
Online identity theft may manifest in various forms, such as:
Using another person’s credit card information to purchase items or services online
Impersonating someone else on social media
Accessing and taking control of another person’s online accounts, such as their email or social media accounts
Assuming another person’s identity to gain employment
The penalties for identity theft are severe. Offenders can face a felony charge, punishable by up to five years in prison, five years of probation and up to $5,000 in fines. Identity theft crimes involving over $5,000 or those that compromise the personal information of over 10 but less than 20 individuals may receive harsher penalties. The minimum prison sentence increases to 10 years, and fines may reach up to $15,000.
Immediate steps to take
Facing criminal charges can be unsettling, but it’s important to remain calm and act promptly. One of the most important steps to take is to preserve any evidence that may help demonstrate innocence. These can be records of online activities or correspondence that may reveal a lack of involvement or help identify the true perpetrator.
Second, preparing a solid legal defense will be crucial. Because of the severe consequences, it may be wise to enlist the help of a skilled criminal defense attorney. They can look at every angle of the situation and develop a defense strategy while guiding the accused from making grave errors.
The prevalence of online crime and identity theft cases is pushing prosecutors to pursue convictions aggressively. However, an accusation does not immediately mean a conviction. A strong defense can significantly influence the outcome of a case.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=588162023-12-29T08:12:54Z2024-01-03T08:12:10ZThe same DUI charges and penalties
While rideshare drivers are something in between private and commercial drivers, the same DUI laws apply to them. This means that having a blood or breath alcohol level of at least .08 will trigger a DUI.
For a first-offense DUI, a convicted rideshare driver faces up to $1,000 in fines and six months of jail time. They also face administrative punishments, such as a six-month license suspension and a requirement to have an ignition interlock device installed on their car for six months.
While jail time, fines and a criminal record are painful enough for any driver, one more penalty awaits rideshare drivers.
Rideshare companies prohibit drivers with DUI histories
Uber, Lyft and even Doordash typically prohibit drivers from operating under their network while they have a DUI on record. This means persons whose main source of revenue comes from driving for these rideshare companies can lose their precious jobs after just one DUI.
A driver with a DUI may have to wait for at least seven years to have their DUI expunged to be able to drive for a rideshare company again.
In conclusion, rideshare drivers are subject to the same DUI laws as other drivers. It takes just one offense for a rideshare driver to not only get a criminal record but also risk losing their job. If you’re a rideshare driver facing charges, consider consulting with a legal professional to understand your defense options – because your livelihood is on the line.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=587832023-12-15T06:59:00Z2023-12-20T06:58:21Zexonerations nationwide in 2019 for different offenses, with Florida being one of the states with the most number of exonerations. Unfortunately, despite the eventual acquittal, those imprisoned for crimes they did not commit often experience profound psychological damage.
The devastating effects of a false accusation
Wrongful convictions tend to result from failures at varying stages in the criminal justice process, such as mistaken witnesses, fabricated confessions or misleading forensic findings.
As a result, the exonerees may experience the following negative consequences:
Emotional distress: A survey among wrongly convicted individuals revealed that 80% had a traumatic incident while in jail. On top of these wounds, they may feel a mix of anxiety and fear for not knowing what can happen next or how to survive a tarnished reputation.
Erosion of trust: They may find it challenging to trust, thinking people will just fail them again. This sense of doubt can lead to relationship or intimacy issues.
Exacerbated loneliness: Social stigma can push them to isolate themselves. Without the drive to interact with others, it will be tough to gain opportunities, such as education and training, which can help them land a job.
The psychological impact of a wrongful conviction can last for life. However, with proper moral and legal support, rebuilding and healing are possible.
Exoneration is a hopeful beginning
No amount of apology can bring back lost years. But while it cannot undo the psychological suffering that a falsely accused had to endure and might continue to face, exoneration can be a hopeful start. It can also aid in showing how the justice system can improve to protect the innocent.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=587812023-12-05T06:48:31Z2023-12-08T06:48:00ZWhen does a person fail to report sexual battery?
According to state law, a person who witnesses a sexual battery crime and meets the following criteria commits an offense:
The person reasonably determined that they had just witnessed an act of sexual battery
The person could’ve sought assistance for the victim by reporting the sexual battery offense to law enforcement
The person failed to seek assistance
The person wouldn’t be exposed to any retaliation or violence for seeking assistance
The person isn’t the husband, wife, parent, grandparent, child, grandchild or sibling of either the offender or victim, whether by blood or through adoption
The person isn’t the victim of such sexual battery
A person who fulfills all these commits the offense of failing their duty to report sexual battery, a misdemeanor of the first degree.
The penalties for failing to report
If a court convicts a person for not reporting sexual battery, they face up to a year of prison time and as much as $1,000 in fines. This is the same penalty imposed on those convicted of shoplifting, vandalism, simple battery and driving under the influence.
Staying silent about a sexual battery crime not only allows the offender to continue their wrongdoing but also exposes their victims to further abuse. While the fear of reprisal is a defense to this accusation, proving there was a reasonable risk that you’d suffer some violent payback for reporting the offense is essential. If you face this charge, you may need a legal professional's experience to protect your rights in court.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=587802023-11-21T09:07:12Z2023-11-24T09:06:59ZBurning to defraud is a felony
Under Florida law, any person who intentionally sets fire or tries to set fire to a property intending to defraud or injure an insurance company is guilty of a felony of the third degree. Persons who aid another in burning property to commit insurance fraud are also guilty of this offense.
A conviction for this offense leads to up to five years of imprisonment and $5,000 in fines.
Insurance fraud is a separate, additional offense
As mentioned earlier, burning to defraud an insurer is a separate offense from making false and fraudulent insurance claims. Thus, anyone charged with the former will likely also face another charge for the latter, especially if they've already filed a claim for the destroyed property.
The conviction and penalties for a person found guilty of insurance fraud depend on the value of the property involved in the offense:
Worth less than $20,000: The offense is a felony of the third degree.
Worth $20,000 or more, less than $100,000: The offense is a felony of the second degree, which leads to up to 15 years of imprisonment and $10,000 in fines.
Worth more than $100,000: The offense is a felony of the first degree, which leads to up to 30 years of imprisonment and $10,000 in fines.
So, how serious of a crime is burning property to defraud an insurer? It’s severe enough that it counts as two separate offenses; the penalties on conviction can also combine. Fraud is never worth it, and those charged with the offense should consider their defense in court or face years of prison time.]]>On Behalf of Escobar, Michaels & Associateshttps://www.escobarlaw.com/?p=587792023-11-16T05:17:56Z2023-11-21T14:53:05ZPasco County officials arrested the deputy after an argument on a public street allegedly got physical.
Although the deputy appears not to have been convicted at this time, he already has been placed on unpaid leave and is the target of an administrative investigation.
Battery charges, including domestic violence battery charges, carry the possibility of fines, jail time and mandatory counseling.
In the right circumstances, authorities may charge a Tampa Bay resident with a felony even if they have no prior criminal history.
As the recent news report illustrates, even the possibility of a battery conviction can cost a person their job.
On a related point, many trades and professions will impose discipline on those convicted of battery, especially if there is a domestic violence component in the mix.
Teachers, health care workers, law enforcement officers and those who work with children could find themselves unable to earn a livelihood even after one misdemeanor conviction.
Other possible consequences for a domestic violence battery included the following:
A parent may have their custody and visitation rights revoked or restricted.
A person may get banned from owning a firearm.
If a Florida resident is not a United States citizen, they may face deportation.
Those accused of a battery need a legal defense
Many upstanding Floridians get accused of battery.
Those in this difficult circumstance should make sure they understand their rights and alternatives, as there is a lot of potential fallout from a conviction. This is true even if they have no experience with the justice system and the prosecutor is offering what seems like a good deal.
Good people do make mistakes, so sometimes it is best to understand one’s rights and have help making the most of a bad situation. However, in many cases, it makes more sense to require police and prosecutors to prove their case.]]>