O’Brien Hatfield, P.A.Tampa Criminal Defense Lawyer | O’Brien Hatfield, P.A.2024-03-11T18:50:39Zhttps://www.markjobrien.com/feed/atom/WordPress/wp-content/uploads/sites/1101673/2023/01/cropped-OB-favicon-32x32.pngOn Behalf of O’Brien Hatfield, P.A.https://www.markjobrien.com/?p=586822024-01-08T15:05:47Z2024-01-08T15:05:47ZTypes of white collar crimes and possible penalties
Common types of white collar crimes include:
Fraud: This broad category involves intentional deception to secure an unfair or unlawful gain. Specific types of fraud include securities fraud, insurance fraud and credit card fraud.
Embezzlement: This crime occurs when someone entrusted with someone else's money or property takes it for their personal use.
Money laundering: Involves making illegally obtained money appear legitimate. This process often includes complex layers of financial transactions designed to obscure the origin of the funds.
The consequences of being convicted of a white collar crime can be significant. Depending on the crime's severity, the penalties can range from fines and restitution to imprisonment. The legal repercussions possible will be impacted by whether the crime in question violated state or federal laws.
Navigating the aftermath
Developing a defense against white collar crime charges requires a deep understanding of the law and a strategic approach. This might involve challenging the prosecution's evidence, negotiating plea deals or presenting a robust defense in court.
Besides the immediate legal challenges, being accused of a white collar crime can impact one’s professional and personal life. Considering the broader implications, including potential damage to reputation and future career prospects, is essential. A proactive approach, including reputation management, can mitigate these long-term effects.
Facing white collar criminal charges can be a daunting experience that’s marked by complexity and high stakes. If you have been accused of such a crime, it's crucial to understand the specifics of the charge because this knowledge can significantly influence your defense strategy and the overall approach to navigating the legal system as effectively as possible.]]>On Behalf of O’Brien Hatfield, P.A.https://www.markjobrien.com/?p=584872023-11-14T11:52:48Z2023-11-14T11:52:48Z90% of those accused of criminal offenses plead guilty instead of attempting to defend against the charges they face.
Why do so many people fail to make use of their right to a trial after an arrest in Florida?
Prosecution intimidates many defendants
Quite a few people arrested for alleged criminal violations maintain their innocence but still choose to plead guilty. The conduct of prosecutors plays a major role in why guilty pleas are so prevalent. Prosecutors often file the harshest possible charges against someone even when the situation might warrant a degree of compassion. It is also common practice to pursue multiple different charges against one defendant for the same incident.
Criminal defendants often look at the worst possible sentence for a conviction and determine that it is not worth the risk to take the matter to trial. What they fail to consider is that the guilty plea does not automatically protect them from that worst-case sentence.
Unless their lawyer negotiates a very thorough plea deal with restrictions on the sentence or an agreement to reduce the charge, there is no promise of leniency. Judges have the authority to hand down the sentence that they believe is appropriate given both the circumstances and current criminal statutes. Those who maintain a tough-on-crime stance may sentence someone to the maximum possible fine and a period of incarceration even though they plead guilty instead of taking the matter to trial.
Most people have defense opportunities
Contrary to what people frequently assume, many individuals accused of crimes in Florida have defense options available. Sometimes, they can raise questions about police conduct or the validity of evidence. Other times, people may have alibis or witnesses that can help exonerate them.
A careful review of the state's case with the assistance of a skilled criminal defense attorney is usually the best starting point for those hoping to defend against criminal charges. Recognizing that a guilty plea offers very little protection against negative consequences should motivate people to look into their defense options before settling on a particular course of action.]]>On Behalf of O’Brien Hatfield, P.A.https://www.markjobrien.com/?p=560912023-08-21T17:23:21Z2023-08-21T17:23:21ZThere must be a credible threat
For someone to raise a claim that they acted in self-defense while engaging in interpersonal violence, they generally need to have believed that they themselves or another person or immediate risk of unlawful force. When someone believes that another party intends to harm them or another individual because of their words or actions, that person might have a lawful defense if they face charges after intervening.
When someone believes another person is about to engage in an act of violence, such as when they pull their arm back as if to throw a punch, the party who believes there is a threat can use physical force to defend themselves or others. If someone's act of self-defense involved the threat or use of deadly force, they would need to have believed that there was a risk of great bodily harm or the immediate threat of a forcible felony.
Florida law does not impose an obligation to attempt to retreat before using force if it is justifiable for someone to physically defend themselves. However, people generally need to show that there was reason to believe their safety was at risk and that they didn't instigate the situation.
Self-defense claims aren't always the best option, but they can help people in certain situations. Mounting a thoughtful and informed defense when facing violent criminal charges in Florida can significantly reduce the long-term consequences someone may suffer because of a recent arrest.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=544682023-04-20T21:53:50Z2023-04-20T21:53:50ZProsecutors and police will make claims of constructive possession
The strongest possession cases are the result of an officer finding drugs directly on people, such as in their pockets or in a purse. Items found on someone's property or in their vehicle can also lead to charges. However, there is potentially an extra step that the state will have to take to bring charges. They will need to reasonably establish constructive possession or be ready to do so in the courts.
Constructive possession refers to someone's awareness of certain items and control over those objects. Someone who knows that their passenger put a container of pills under the spare tire in their trunk could face accusations of constructive possession even though everyone agrees the pills weren't theirs. Someone who had no idea that there was a sandwich baggie full of cocaine under the passenger seat in their vehicle might be able to fight back against claims that they are responsible for those drugs.
To challenge claims of constructive possession, the driver or owner of the vehicle where police found the drugs will typically need to have a reason to claim they did not know those drugs were there and had no way to exert control over them.
Every charge requires a distinct defense
There is no one right defense strategy that always works for people facing certain types of drug charges. The best options truly depend on the circumstances leading to someone's arrest and the defendant's record. Reviewing the evidence gathered by the state and discussing one’s case in-depth with an experienced legal professional can help someone determine viable defense strategies when they are facing drug possession charges.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=535662022-12-30T17:14:10Z2022-12-30T17:14:10ZWhat is drug trafficking?
Before we look at common defenses, we need to understand what drug trafficking is. According to the law, drug trafficking is the transportation or possession of illegal substances with the intent to distribute. In Tampa, Florida, the burden of proof falls to the prosecutors. They must first show that the defendant had large quantities of a controlled substance.
There are state and federal laws against drug trafficking. In most instances, perpetrators who cross state lines are prosecuted at a federal level. At the state level, local authorities can also act based on federal laws, even if trafficking occurred solely within the state.
Sentences for drug trafficking charges
Drug crime laws are rather complex in Florida. The penalties and charges will, therefore, vary depending on two things, both the amount and the type of drug involved.
For example, trafficking cannabis can result in a minimum imprisonment of three years when found with less than 2,000 pounds. However, those trafficking over 10,000 pounds face a 15-year minimum jail sentence and an additional $200,000 fine.
With cocaine, on the other hand, a defendant can face a minimum jail sentence of three years when trafficking less than 200 grams. A sentence of life in prison is also possible if the offender is found guilty of trafficking more than 150 kilograms.
Defenses of drug trafficking charges
Different defenses can help overturn a drug trafficking charge in Florida. These include the following:
Illegal search and seizure
The Fourth Amendment of the US Constitution shields citizens from unlawful or unreasonable searches and seizures. Therefore, if there is evidence collected during an unlawful search, it must be excluded during the trial.
Entrapment
Law enforcement officers, in some cases, may coerce or induce an individual to engage in the sale or purchase of illegal drugs. If a defendant is a victim of entrapment, this serves as an effective defense in a court of law.
Lack of evidence
To be convicted for drug trafficking in Tampa, prosecutors must provide sufficient evidence proving the accused knew about the controlled substance being moved. Equally, they have to show that the weight of the drugs surpassed the possession thresholds. Without these pieces of evidence, the charge may not withstand in a court of law.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=534932022-11-23T10:38:16Z2022-11-23T10:38:16ZTheft and burglary
Theft is a term used for taking something that does not belong to you, whereas burglary is specific for entering a home or building with the intent to steal. Both theft and burglary involve intent to take another person's money or possessions without permission, but there is usually no violence or threat of violence.
Robbery
Often confused with theft and burglary, robbery is technically a crime against an actual person. Robbery involves taking money or other property from the owner by use of force, including violence and assault, or even the threat of violence and assault. Examples of robbery include assaulting someone to take their wallet.
Armed robbery
Robbery is defined as stealing by the use of force or the threat of force, but when guns or other weapons are involved, this crime is now classified as armed robbery. An example of armed robbery would be pulling a gun on a store clerk while demanding money or merchandise. Claiming or implying to be armed or acting in a way that would cause a regular person to think that there is a concealed weapon is also classified as armed robbery, even if there is no actual weapon. The same charges and penalties will apply if convicted.
Robbery by sudden snatching
Florida law also differentiates robbery by sudden snatching, in which property is stolen from an individual while they are aware of the stealing. An example of robbery by sudden snatch would be stealing a purse or bag off of an individual's body and running away. Not to be confused with pickpocketing, robbery by sudden snatching happens with full knowledge of the victim involved, whereas pickpocketing happens secretly to keep the victim unaware.
The punishment for these crimes varies in Florida to account for the level of danger that was involved to another person. Theft and burglary involve no force or threat of force to an individual, while armed robbery and robbery by snatching are crimes committed against a person and typically include some level of violence.
]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=534242022-09-06T21:17:09Z2022-09-06T21:17:09Zthe following must be true:
It must be based on probable cause, meaning that evidence indicates that a search of the premises will likely uncover evidence of a crime.
It must be issued by a judge or magistrate who is "neutral and detached" from the investigation against you.
It must "particularly describe the things to be seized" and accurately describe the premises to be searched. A search warrant that lacks specificity is arguably too broad and unconstitutional.
If the police arrive to search your property, they should present you with a copy of the warrant. To avoid the danger of physical harm or additional criminal charges, you should comply with their orders. You should also contact your defense attorney as soon as possible. They can review the warrant for possible errors.
'Fruit of the poisonous tree'
An invalid warrant could mean that the police search was illegal. In a criminal trial, the judge might consider anything the officers seized as evidence to be "fruit of the poisonous tree," or the result of illegal activity that the court cannot condone. Such a decision can significantly improve your chances of a dismissal or acquittal.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=532942022-04-28T18:28:11Z2022-04-28T18:28:11Zplea deal a good idea for your case? Here are some factors to consider:
Pros
If you accept the plea deal, there’s a possibility you could avoid jail time. Whatever penalties you do face will be less severe than if you went to trial and were found guilty. The offense that appears on your record will also be less serious than the original offense you were charged with.
In addition, by accepting the plea agreement, you avoid any publicity associated with a trial. If you hired a private attorney, you’ll also have substantially reduced legal fees by avoiding a trial.
Cons
On the other hand, accepting a plea deal means you could be pleading guilty to a crime you didn’t actually commit. You would lose out on your chance of acquittal. It’s therefore worth understanding what evidence the prosecution has against you, to help you gauge what your chances of being found guilty might be, if you went to trial.
By accepting a plea bargain, you will also be agreeing to accept some penalties. It’s worth understanding what these are in advance, and whether the terms are acceptable to you. It’s also important to note that accepting a plea bargain means a conviction will appear on your permanent criminal record, and convictions are not expungable under Florida law.
Accepting a plea deal is a very personal decision, and many details unique to your case will help inform what’s best for you. It is not a decision you should make alone, however. An experienced criminal defense lawyer can help you understand the full context of your case and help you to make the most informed decision possible.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=508442022-01-28T13:34:19Z2022-01-28T13:31:19ZFrom a misdemeanor to a felony
The crime of embezzlement occurs when someone has access to money because of their position, and then that person takes some money without the owner’s permission. In our state, the crime of embezzlement can be a misdemeanor or a felony. It all depends on the amount of money that a person steals. The different penalties for embezzlement are:
If a person steals less than $300: a sentence of up to 60 days in jail and a fine of up to $500.
If a person steals between $300 and $20,000: a sentence of up to 5 years in prison and a maximum fine of $5,000.
If a person steals between $20,000 and $100,000: a sentence of up to 15 years in prison and a $10,000 fine.
If a person steals $100,000 or more: a sentence of up to 30 years in prison and a fine of $10,000.
An embezzlement charge can end up in a significant sentence of imprisonment, but this is not always the case. The court can drop a person’s charges if the accused thought they had consent to take the money or if they believed they had already given it back.
The right of defense
A person is innocent until proven guilty, and a criminal charge does not have to end in a conviction. A person with embezzlement charges can defend their case in court in different ways. By giving the judge the right arguments, those with a criminal charge can avoid facing the harsh penalties set for embezzlement in Florida.]]>On Behalf of Mark J. O’Brienhttps://www.markjobrien.com/?p=507212021-10-26T14:52:58Z2021-10-26T14:52:58Zwants to expand the law to lead to more of these fairly unusual charges.
Reducing the burden of proof
Currently, the law requires the prosecutor to prove that the drugs verifiably caused the deceased's death. A bill that the House Criminal Justice and Public Safety Subcommittee recently passed would lower the standard. If it becomes law, a murder conviction would hinge on whether the drug was merely a "substantial factor" in the person's death. The bill would also add methamphetamine to the list of drugs that could lead to murder charges for the person who sold or provided it to the deceased.
The change in standard would make it significantly easier to get a conviction. Often, a person who died of a drug overdose consumed multiple substances at once. Proving that one particular drug was the one that caused the death can be difficult under those circumstances.
Making a conviction too easy?
The bill is controversial. Critics say it will add to the burden of dealing with death penalty cases, which usually involve several lengthy, expensive appeals. One lawmaker noted that the "substantial factor" standard is most often used in civil lawsuits, not criminal cases. With the defendant's life potentially at stake, that standard of proof is too low, the representative said.
Changes to Florida's criminal code happen all the time, and the differences can catch you by surprise. In some cases, it is possible to get charged with a much more severe crime than you might have expected.]]>