Jonathan Rose, Attorney at Law
Orlando Criminal Law
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Orlando Criminal Defense Blog

Think you are hidden online? Think again

Most people have a false sense of security when they are online. This includes people who give out their financial information without hesitancy and people who engage in criminal conduct. In either case, there are ways to get information you think you are keeping hidden.

However, if you part of the latter group, you don't just stand to lose your money and identify when someone tracks you down; you could also lose your freedom. This can and does happen when people are convicted of a cyber crime and sentenced under federal guidelines. If you are involved in any of the following activities, you need to know that you are at risk for arrest and federal charges.

Challenging drug charges stemming from a traffic stop

If you have recently been charged with a drug offense, there is a very high chance that your arrest began as a traffic stop. Traffic stops give police an opportunity to talk to drivers and look around the cars for signs of drug possession or impairment.

Understand, though, that if a stop is illegal or unjustified, any evidence collected through the course of the stop can be suppressed. This is what happened recently with NBA player Mike Scott.

Assistance in preventing theft charges from stealing your freedom

In some cases, all it takes is an accusation of wrongdoing to place an individual in legal hot water. Perhaps you borrowed something from a neighbor, or even from your place of employment, and next thing you know, you are riding in the back of a police cruiser. Although the situation may be embarrassing at the time, what comes next might be significantly more stressful and intimidating.

A conviction for theft will inevitably impact various areas of a person's life, both personal and professional alike. In order to protect your future, you will likely want to obtain immediate assistance in the criminal court process due to the gravity of your current predicament.

When situations spiral out of control, legal counsel is crucial

Criminal charges can result from situations that may not have started as criminal offenses. Simple interactions can spiral out of control and before you know it, you could be handcuffed and in the back of a police car, facing serious penalties.

In these situations, it can be easy to feel like it was a simple misunderstanding, and all you need to do is give your side of the story to clear it all up. However, this can be more frustrating and difficult than you anticipate, and instead of going home after a bad night, you could wind up in jail. 

Can I clear an arrest from my record?

An arrest is a scary thing for any person unlucky enough to be in that situation. Between the intimidating interactions with police and the fear of a criminal conviction, any person accused of criminal conduct can be eager to just put the entire situation behind them.

However, even if you aren't convicted, putting an arrest behind you isn't as easy as you might think. This is because an arrest can stay on your record and continue to jeopardize your life indefinitely when it appears on background checks completed by employers, landlords and various government agencies. In order to avoid this, you need to have the record sealed or expunged.

What is the insanity defense?

Mental disorders affect millions of people and families across the U.S. Some are minor and do not affect a person's life to a great extent; others are debilitating and can require a person to be on medication indefinitely. With this in mind, it is possible that someone with a mental disorder and charged with a federal offense in Florida will assume they can plead insanity and escape conviction.

Readers of this blog have likely heard of the insanity defense, but many people do not understand the elements of it or when it might be used appropriately. In this post, we will take a closer look at this defense.

Is all telemarketing considered fraud?

Telephone marketing has been around for decades. And for just as long, it has been an annoyance to people who prefer not to engage in any transactions over the phone. Now that cellphones are more prevalent than home phones and every call comes with caller ID, the relationship between telemarketers and possible clients is perhaps more divisive than ever, as telemarketers engage in some questionable practices to conduct business.

It is important to understand that while they may be annoying, sales calls are not necessarily illegal, even if they are unsolicited. However, if a telemarketer violates federal telemarketing rules, they can face serious criminal charges like wire fraud. Below are some of the basic rules telemarketers must follow; otherwise, they could wind up convicted of a federal offense.

Florida struggles to address growing medical marijuana concern

The controversy surrounding medical marijuana only continues to grow now that Florida's Amendment 2 has passed and gone into effect. Amendment 2 became law this January after an overwhelming 71 percent of Floridians voted to pass the amendment back in Nov. 2016. However, that doesn't mean you can legally light up anytime soon. Even though the Florida Department of Health received orders to figure out how to best implement state's new constitutional amendment, it could take months to work out the kinks. 

Thousands of people across the state could benefit from the ability to use medical marijuana. However, for now, those Floridians remain in limbo as the state attempts to meet the demands of its citizens. Until everyone gets on the same page, innocent patients could end up facing drug possession charges.

How are grow-houses discovered without a warrant?

Homeowners in Florida are protected against unlawful searches of their homes. This means that police must secure a search warrant before entering and searching a person's home. In order to get that warrant, they must show probable cause, or reason to believe a crime is being committed or has been committed in that place.

However, even if police do not have a warrant, there is one very simple way they can get into your home and look around for evidence of a crime: you let them. Giving your consent for police to enter your home is a mistake people all across the U.S. make.

Retailers adding 'investigative services' to products it provides

When you think about criminal investigations, you probably think about forensic and crime labs in FBI offices, police stations and other high-security facilities. You probably don't think about them sharing space with pharmacies, groceries and a toy aisle.

However, as reported in this article in The Atlantic, retailers including Target and Walmart are getting into the criminal investigation business. And they may be getting more results than law enforcement agencies.

Contact

Jonathan Rose, Attorney at Law
337 North Fern Creek Avenue
Orlando, FL 32803

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Fax: 407-893-8151

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CLICK HERE to see Orlando Style Magazine's Legal Elite article on Attorney Jonathan Rose November 2016
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