O’Brien Hatfield Tampa Criminal Defense Lawyer | O’Brien Hatfield 2026-07-20T04:15:11Z https://www.markjobrien.com/feed/atom/ WordPress /wp-content/uploads/sites/1103886/2023/01/cropped-OB-favicon-32x32.png On Behalf of O'Brien Hatfield <![CDATA[Wire fraud vs. mail fraud: What Florida defendants should know]]> https://www.markjobrien.com/?p=62487 2026-07-05T20:05:54Z 2026-07-05T20:05:54Z A federal fraud charge can leave you anxious about your future, your finances and your freedom. You may not even understand why your case landed in federal court instead of state court. This article explains how wire fraud and mail fraud differ and what penalties each charge may carry.

How the two charges differ

The main difference is the method the government says you used. Wire fraud involves electronic communications. Mail fraud involves the U.S. Postal Service or private carriers like FedEx or UPS. Prosecutors in Florida's federal districts pursue both charges aggressively. Common examples include:
  • Wire fraud: Emails, texts, phone calls, wire transfers or internet messages used in a scheme to defraud.
  • Mail fraud: Fake invoices, phony sweepstakes offers or fraudulent charity letters sent through the mail.
Many schemes involve both mail and electronic communication. That is why defendants often face both charges at once.

Why the medium matters in federal court

Federal jurisdiction usually depends on activity that crosses state lines or uses national networks. Wire fraud generally requires interstate or international communication. Mail fraud does not, because any use of the mail can trigger the statute. This distinction matters because it shapes how the government builds its case. It also matters because each email or letter can count as a separate charge. Even an unfinished scheme carries risk. Under the federal conspiracy statute, 18 U.S.C. § 1349, an attempt or conspiracy carries the same maximum penalties as the completed offense.

What penalties could you face?

Both crimes carry up to 20 years in federal prison. Fines can reach $250,000 per count. If the scheme affects regulated entities such as financial institutions or disaster relief funds, the maximum rises to 30 years. Fines in those cases can reach $1,000,000.

Understanding your position after a fraud charge

Wire fraud and mail fraud share the same core elements but differ in the communication method involved. Both carry identical maximum penalties, and even attempts can be punished as fully as completed crimes.  Knowing these distinctions helps you understand the stakes and the government's burden of proof. If your case involves multiple counts or contested evidence, a white collar crime defense attorney's input may help you weigh your options.]]> On Behalf of O'Brien Hatfield <![CDATA[Can talking to federal agents create new charges?]]> https://www.markjobrien.com/?p=62483 2026-07-01T11:07:21Z 2026-07-01T11:07:21Z How false statements can create separate charges Under 18 U.S.C. § 1001, federal law makes it a crime to knowingly and willfully give false information that matters to an investigation involving a federal agency. That can include oral statements during an unscheduled conversation with agents. The main risk is not an honest memory gap by itself, but a guess, denial or incomplete explanation that prosecutors later view as knowingly false or intended to hide important facts. Before answering, consider these risks:
  • Agents may compare your statements with bank records, texts, emails or witness accounts
  • A guess may later appear more certain, deliberate or misleading than intended
  • An incomplete answer may raise questions about your knowledge, timing or intent
  • Your words may become evidence in a separate charge
These risks can matter even if the original investigation does not lead to charges.

Why silence can protect you during an interview

The right to remain silent protects against giving statements that may create criminal risk. If agents ask questions, you can ask whether the conversation is voluntary or whether it may end. You can also ask to speak with an attorney before answering. This pause is not an admission of guilt. It can help prevent rushed answers before the evidence or your role is clear.

Careful choices matter from the first conversation

A federal investigation does not always begin with an arrest or a formal charge. It may begin with a few questions at your door, office or phone. The first response can affect what agents document, what prosecutors review and whether they see someone as a witness, subject or possible target. Seeking legal guidance before answering can help clarify the situation, avoid rushed statements and protect your words from becoming a separate issue later.]]> On Behalf of O'Brien Hatfield <![CDATA[Sharing your prescription with a friend can get you in trouble]]> https://www.markjobrien.com/?p=62480 2026-06-29T20:38:18Z 2026-06-29T20:38:18Z It may seem harmless to give a friend a few prescription pills when they are in pain or have run out of medication. However, prescription drugs are issued for a specific patient and medical condition. Sharing them with someone else can have serious legal consequences. Many people do not realize that prescription medications classified as controlled substances are regulated under both state and federal law. Under Florida Statute § 893.13, unlawfully delivering a controlled substance may lead to criminal charges, even when no money changes hands.

Why sharing prescription medication can become a criminal offense

A valid prescription only authorizes the person named on the prescription to possess and use that medication. Once a prescription drug is given to someone else, the transaction may be treated as an unlawful delivery of a controlled substance under Florida Statute § 893.13. The fact that you were trying to help a friend does not necessarily prevent criminal charges if the medication is legally classified as a controlled substance. Many people mistakenly believe that sharing medication differs from selling illegal drugs because there is no financial gain involved. However, Florida drug crimes involving controlled substances can include delivering or transferring medication without legal authorization. Depending on the type of drug involved and the surrounding circumstances, the penalties may be significant.

Why you should never share prescription drugs

Prescription medications are prescribed after a medical professional evaluates a person's health, medical history and potential drug interactions. A medication that is safe for you may be dangerous for someone else because of allergies, existing health conditions or other prescriptions they are taking. Beyond the medical risks, sharing prescription medication can expose both individuals to legal consequences. The person receiving the medication may also face criminal charges for unlawfully possessing a controlled substance if they do not have a valid prescription. What begins as a well-intentioned favor can quickly become a serious legal matter involving Florida drug crimes. If you are facing allegations involving prescription medication or another controlled substance offense under Florida Statute § 893.13, seeking legal guidance as early as possible may help you understand your rights and the options available to you.]]> On Behalf of O'Brien Hatfield <![CDATA[Take care if your employer is under federal investigation]]> https://www.markjobrien.com/?p=62477 2026-06-25T14:05:05Z 2026-06-25T14:05:05Z If you learn that your employer is being investigated for a white-collar crime such as fraud, there is a possibility that you may be, too. While the likelihood depends on your role within the company, employees are sometimes caught off guard when federal investigators begin to look their way or start asking questions. Remember, in these situations, you cannot rely upon your employer or colleagues to look after your interests. When a federal criminal probe starts, you have to protect yourself. With that in mind:

Anything you say could be used against you

However informal the federal agents try to make things sound, treat every exchange as an interrogation. Saying nothing until you have legal guidance is a constitutional right you would be wise to invoke. Remember, too, that lying to federal investigators is a crime. It is better to remain silent than say something that could later be considered a falsehood.

Destroying evidence is another mistake

What has happened has happened. What has been written or logged has been written or logged. Trying to spin your account of what happened away from what you know to be true could land you in legal trouble, as could altering or destroying documents, files, footage or any other potential evidence. The penalty for such deceit could run up to five years of imprisonment. Do not attempt to alter evidence or influence someone else’s narrative, no matter how problematic it may seem.

Seek your own legal representation

Your employer might offer you the use of the in-house law team. You are better off getting your own legal representation, as the in-house attorney’s first responsibility is to the company, rather than you. It could potentially create a conflict of interest, so they might not take a particular step to protect you if doing so would harm the company’s defense. ]]> On Behalf of O'Brien Hatfield <![CDATA[When can evidence be suppressed in a Florida criminal case?]]> https://www.markjobrien.com/?p=62471 2026-06-08T01:36:45Z 2026-06-08T01:36:45Z evidence is suppressed. Here are some reasons a court may suppress evidence.

Unlawful searches and seizures

One of the most common grounds for suppression involves searches conducted without proper legal authority. Under the Fourth Amendment, law enforcement generally needs a valid warrant supported by probable cause to search your home, vehicle or personal property. When officers act without a warrant or rely on one that is legally defective, any evidence they recover may be excluded. The same applies when a search exceeds the scope of a valid warrant.

Coerced confessions and Miranda violations

Suppression isn't limited to physical evidence. If you were in custody and questioned without being advised of your Miranda rights, any statements you made may be inadmissible. This includes situations where you requested an attorney but questioning continued, or where statements were made under undue pressure or coercion.

Chain of custody and procedural failures

Even lawfully acquired evidence can be suppressed if it was mishandled afterward. Prosecutors must demonstrate a reliable chain of custody for physical evidence to be admissible in court. Gaps in documentation, evidence that was improperly stored or transferred without proper tracking can all cast doubt on its integrity, potentially leading to suppression.

Protect your rights when facing criminal charges

Law enforcement may have violated your rights when obtaining evidence, potentially making it inadmissible in court. However, you cannot expect the court to point out those issues on your behalf, and the prosecution has no obligation to highlight weaknesses in its own case. Reaching out for experienced legal guidance can help identify any flaws in the prosecution's case against you, craft a solid defense strategy and safeguard your interests.]]> On Behalf of O'Brien Hatfield <![CDATA[Criminal convictions come with collateral consequences]]> https://www.markjobrien.com/?p=62461 2026-05-22T10:25:36Z 2026-05-22T10:25:36Z People who are facing criminal charges often focus on the potential sentence they’ll face if they’re convicted of a crime, but they may not take the time to think about the collateral consequences that come with a conviction. These are consequences that occur outside of the sentencing phase of the criminal trial.  If you’re facing criminal charges, it’s critical to think about these collateral consequences because they can impact just about every area of your life. Some of the most noticeable include voting rights, immigration status, housing, employment, firearm possession, public benefits and professional opportunities. 

Why is the impact significant?

Some collateral consequences can be hard to overcome. This is common when employers or landlords conduct background checks. Having a criminal conviction on your record could mean that an employer won’t extend a job offer or a landlord won’t approve a rental application.  In some cases, the collateral consequences are automatic. For example, certain fields, particularly those that require professional licensing, automatically bar individuals who have certain criminal convictions. Some may allow a person to receive licenses or obtain jobs if they’ve completed their full sentence and complete certain steps, but that’s usually not a guarantee.  While it’s impossible to remove all collateral consequences after a conviction, it might be possible to mitigate the ones you’ll have to deal with. Plea negotiations, charge reductions, diversion programs and record-related remedies are all possibilities. Because of the severity of some of these collateral consequences, it’s best to consider them when you’re setting up a defense strategy. It may be beneficial to work with someone who can help you determine your options for proceeding.   ]]> On Behalf of O'Brien Hatfield <![CDATA[How Florida authorities secure the return of criminal defendants]]> https://www.markjobrien.com/?p=62249 2026-05-06T23:25:10Z 2026-05-06T23:25:10Z Interstate extradition is common Florida law recognizes the right of other states to demand the extradition of those facing serious charges in other jurisdictions. The state also frequently requests the extradition of those in custody in another state, especially if the allegations against them in Florida are felony charges. Florida can request that law enforcement authorities in other states apprehend an individual subject to a Florida warrant or arrange for the transportation of someone in state custody back to Florida for local criminal charges. People may sometimes be able to block an extradition request if they can show that a warrant isn’t valid or there are other technical issues with Florida’s request. Extradition is the technical process through which authorities in one jurisdiction arrange for the transportation of an individual apprehended elsewhere. Defendants attempting to block extradition efforts typically need to understand the law in Florida and in the state where police officers took them into custody. Those facing extradition requests while residing elsewhere may need the guidance of a Florida criminal defense attorney. Reviewing underlying charges and other details about the situation with a skilled legal team can help those at risk of extradition understand their rights and take appropriate steps to protect themselves.]]> On Behalf of O'Brien Hatfield <![CDATA[How to invoke your right to remain silent in Florida]]> https://www.markjobrien.com/?p=62138 2026-04-23T09:32:21Z 2026-04-23T09:32:21Z The Fifth Amendment of the U.S. Constitution guarantees that you have the right to remain silent if you have been arrested by the police. You are not required to say anything or incriminate yourself. You do not have to answer questions.  There are situations in which you may have to identify yourself, such as during a traffic stop, but you can then exercise your right to remain silent beyond that identification. Doing this, however, means going a step beyond simply refusing to answer questions. In many cases, the best option is to directly state your intent to the officers. Saying it out loud ensures that the officers understand, and generally means they will stop asking questions at that point.

Can you still be arrested?

Yes, you can still be arrested, even if you use your right to remain silent. The key thing to remember is that you cannot be punished by an officer simply for using this right. It won’t make your situation worse. But if the officer has other reasons to arrest you, they can still do so. If you are arrested, then you should know that you also have the right to an attorney. It is typically wise not to say anything or sign any documentation that is presented to you, at least until you have consulted with your lawyer.

Your defense strategy

Using your right to remain silent helps you avoid saying anything that may incriminate you, understanding that the police can use your statements against you as they build their case. But it is just the first step to take. The next will be to begin developing your own defense strategy, and it can help to work with an experienced criminal defense attorney as you do so.  ]]> On Behalf of O'Brien Hatfield <![CDATA[3 criminal justice myths still believed in 2026]]> https://www.markjobrien.com/?p=61754 2026-04-11T17:39:30Z 2026-04-11T17:39:30Z Television and online content have shaped how people see the criminal justice system. Courtroom scenes move quickly, people speak with confidence and outcomes seem clear within minutes. These portrayals can make the process feel predictable and easy to understand. However, in real life, things work differently. Legal situations unfold slowly, and the details matter more than you may expect. Small choices, especially early on, can have lasting effects. Below are some of the myths that mislead people even today.

Myth 1: If you are innocent, you have nothing to worry about

This is one of the most common beliefs, but it is not always true. Being innocent does not always protect you from stress or risk.
  • You can still be questioned or detained
  • Mistakes can happen during investigations
  • Evidence can be misunderstood or incomplete
Even small misunderstandings can escalate if not handled carefully.

Myth 2: You will always know your rights in the moment

Many people believe they will stay calm under pressure. The truth is, situations involving law enforcement can be overwhelming.
  • Stress can affect how you think and respond
  • You may not fully understand what is being asked
  • You could say something that is taken out of context
It is easy to overestimate how prepared you will feel in the moment. Awareness ahead of time makes a very big difference.

Myth 3: The system treats everyone the same

Fairness is the goal, but outcomes can vary more than people expect. Each case is influenced by many factors.
  • Different jurisdictions handle cases differently
  • Access to resources can shape outcomes
  • Personal circumstances may affect how a case is viewed
Because of this, two similar situations may not end the same way. Seeing past these myths can shift how you understand the system as a whole. It becomes clear that things are not always as direct or predictable as they seem. Each situation brings its own set of challenges, and even small details can carry weight. When you take time to understand these realities, you place yourself in a better position to respond with care and awareness. If you ever face a situation involving the justice system, it is better to have legal support to make things easier to navigate. Guidance from an experienced legal team can help you understand your options, allowing you to move confidently toward your next steps.]]> On Behalf of O'Brien Hatfield <![CDATA[What happens during the federal criminal justice process?]]> https://www.markjobrien.com/?p=61746 2026-04-07T08:55:26Z 2026-04-07T08:55:26Z Learning that you’re facing federal charges can bring up a lot of uncertainty. This can sometimes be reduced by learning what you can about the federal criminal justice system. While some people see snippets of the process on television and in movies, there are a lot of things that go on behind the scenes.  There are many stages in the federal criminal justice process, and not every case follows the exact same path. Some aspects of cases can end early because of factors like plea deals and charging decisions. Other cases go through the full process, including grand jury proceedings, trial, sentencing and appeal. 

How does a case start?

Nearly every federal criminal charge starts with a report from a victim or witness. In some cases, the case is transferred from another agency. Federal investigators gather evidence, identify possible suspects, and decide how to proceed with the matter. This often involves looking into evidence, issuing subpoenas and deciding if an indictment is appropriate.

What happens if charges are pressed?

Once it’s evident that charges will occur, the defendant is arrested and taken to court for their initial appearance. This is when the charges are outlined, and they’re told their rights. It will also be determined if the person will remain in jail pending the outcome of the case or if an option to secure release is appropriate. The defendant will go through an arraignment, which is when the defendant enters a plea to the official charges.  After the arraignment is the pretrial period, which is often lengthy. This is when discovery and many motions might occur. Each side can seek information and challenge evidence. In some cases, a plea agreement is reached, and the case would go through a hearing based on that deal. Without a plea deal, the case moves forward to trial, which will include the trial itself and a sentencing hearing. There are sometimes options for appealing the trial outcome or sentence, but these cases are often complex. Working with someone who understands the federal criminal justice system may be beneficial for anyone going through this. ]]>