Most people, in my opinion, may think that a juvenile can shoot a BB gun without adult supervision. It is actually a first degree misdemeanor for a juvenile to operate a BB gun, air or gas operated gun, electric weapon or firearm unless an adult is supervising them....
Helping Good People At Their Worst Times
Criminal Law
Can I really be arrested if I violate the social distancing on the water or land?
Yes! It is a second degree misdemeanor if you violate one of the social distancing orders. As recently as this past Saturday, law enforcement officers responded to Ft. McRee where several people had gathered. The officers required the boaters to separate their boats by 50 feet. A second degree misdemeanor is the lowest crime level assigned to an offense in…
Is it legal to send naked pictures of myself to someone else?
If you send naked pictures of yourself and are 18 years of age or older, then no. It is legal to do so. However, if you are under that age, a naked picture even if it’s of your self, is considered child pornography. Each picture is a separate count and is punishable as a 3rd degree felony. For parents, monitor…
Can my child under the age of 18 be charged as an adult?
Even if a child is under the age of 18, the State Attorney’s office can choose to direct file with the adult court. The state has the power to allow the child to be prosecuted in the juvenile system or transfer them to adult court. The difference may not seem drastic, but it is. Generally, more severe charges are the…
I swear, she said she was 18!
In Pensacola, Spring Break brings tourists for miles. College students and high school students are a large part of them. They meet new people and sometimes engage in sexual relations. In Florida, the age of consent is 18 years of age. For minors ages 16-17, Florida statutes provide an age-gap provision that allow a 16 or 17 year-old to legally…
What happens if I violate my probation?
If you violate your probation you can be facing jail or prison time. The outcome depends on what you were on probation for, the nature of the violation and other factors considered by the Judge. Often times people on probation violate because they are arrested on a new charge. If this is the only violation, I typically recommend resolving the…
What happens after I have been arrested?
What happens after I have been arrested? Often times people are unsure of the procedure or how the court process works after they have been arrested. Assuming that you are given some type of bond and post it after your arrest, the jail will provide you with your first court date, which is your arraignment. If you plan on hiring…
What is 10-20-life in Florida?
In 1999, led by then Gov. Jeb Bush, the 10-20-Life statute was passed. It established bright line minimum mandatory sentences for defendants who used a firearm while committing a crime. Between July 1, 1999 and July 1, 2016, if you had a firearm on your person during a felony, you received 10 years; if you fired it, you received 20 years.…
Can I expunge my arrest?
Most crimes with few exceptions can be expunged (removed) if the case was subsequently dismissed. The majority of any sexual related offense is not subject to expungement, nor a drug trafficking offense. Many first time defendants are given a diversionary program option. If you complete the program, the state attorney will then dismiss the case. It could also be if…
Can a grandparent be arrested for interfering with custody of their grandchild?
Absolutely! In Florida, Section 787.03 provides that whoever, without lawful authority, knowingly or recklessly takes or keeps a minor child from their lawful guardian, even if in foster care, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This can also apply to parents. Grandparents who may have rocky relationship with their…