Orlando Criminal Defense Blog

Explaining the Computer Fraud and Abuse Act

On behalf of Lindsey & Ferry, P.A. posted in White Collar Crimes on Thursday, April 26, 2018.

Technology continues to change at an incredible pace. Since the internet was invented, we've seen a major shift in the way businesses, schools, the emergency services and individuals operate. As technology continues to adapt and change to our lives, so too does the criminal code that regulates it. This code is known as the Computer Fraud and Abuse Act (CFAA), which was enacted in 1986.

The CFAA was created in an effort to curb various technological and computer crimes that have sprouted up over the last 30 years. A major amendment to the law was made in 2008 in an effort to cover criminal conduct that was not touched on in the original legislation from 1986.

A look into felony gun charges in Florida

On behalf of Lindsey & Ferry, P.A. posted in Weapons Crimes on Friday, April 20, 2018.

Carrying a gun can be very dangerous in the state of Florida. It can also be risky if you are a convicted felon. Convicted felons are not allowed to be in possession of a firearm in Florida for any reason. This means that if they are stopped by the police or someone reports them and they have a gun, they are facing more fines, more jail time and additional charges.

Possession of a firearm, electronic weapon or ammunition after being convicted of a felony is a crime in Florida and at the federal level. There are two types of possession in Florida: constructive possession and actual possession. Construction possession is present when the firearm was found in your vehicle or in your home. Actual possession is present when you are found with the firearm on your person.

Taking a look at the ignition interlock device

On behalf of Lindsey & Ferry, P.A. posted in Drunk Driving Charges on Wednesday, April 18, 2018.

Have you ever gotten into someone's car and watched the driver breathe into a device that is plugged into his or her dashboard? If so, you have witnessed the driver taking a Breathalyzer test before being allowed to drive. The device the driver used is called an ignition interlock device and it is a common item administered to people who are charged with driving under the influence in Orlando, Florida.

An ignition interlock device can be issued to a first-time offender or subsequent offender charged with DUI. This device determines whether or not the driver of the vehicle has too much alcohol in his or her system, which would prevent the car from starting. If the driver blows over the legal limit or cannot have any alcohol in their system, the device will ensure that the ignition does not activate.

Computer crimes: real crimes need a real defense

On behalf of Lindsey & Ferry, P.A. posted in blog on Thursday, April 5, 2018.

Florida readers know the internet plays a significant role in various aspects of life, and this technology is beneficial in many ways. However, not everyone uses the internet and computers appropriately. In fact, computer crimes can be quite serious and lead to life-altering consequences if convicted of any type of computer and internet crimes.

If you are facing charges of any type of computer crime, it is prudent not to underestimate the serious nature of your situation. These are real crimes with real penalties, but you do not have to face it alone. You have the right to build a strong defense as soon as possible, even if you are under investigation and not yet charged.

Explaining the gun charges and penalties in Florida

On behalf of Lindsey & Ferry, P.A. posted in Weapons Crimes on Tuesday, April 3, 2018.

It's very easy to find yourself on the wrong side of the law when it comes to firearms in the state of Florida. You are legally allowed to own a gun but you must follow the laws that are in place. If you break any of the gun laws in Florida, you could find yourself in quite a bit of trouble. You could face hefty fines, jail time or even limitations on owning a gun in the future.

There are two types of crimes in Florida that center around guns: gun or weapons enhancements and gun or weapons offenses. An enhancement occurs when a person was in possession of a gun or other weapon when he or she committed another crime. An offense occurs when a person was found to be in possession of a gun or other weapon. This also occurs when the firearm was purchased or used illegally.

Accused of violating the Fraud Enforcement and Recovery Act?

On behalf of Lindsey & Ferry, P.A. posted in White Collar Crimes on Friday, March 30, 2018.

Mortgage fraud is a very serious offense that can result in severe financial penalties even criminal charges. If you or someone you love faces mortgage fraud charges, or suspect you may soon, it is important to fully understand which laws you potentially violated so that you can build a strong defense and clear up the matter as soon as possible.

One of the most heavily referenced laws that governs mortgage fraud is the Fraud Enforcement and Recovery Act (FERA). Under FERA, federal agencies that investigate and prosecute mortgage fraud have broad reach to hand down exceptionally harsh sentencing that can essentially end your career and your life as you know it. In extreme cases, individuals found guilty of violating FERA may face fines of up to $1 million and up to 30 years of jail time.

Do DUI checkpoints violate my Fourth Amendment rights?

On behalf of Lindsey & Ferry, P.A. posted in Drunk Driving Charges on Friday, March 23, 2018.

Each state maintains its own laws determining how and why police may stop a driver, and DUI checkpoints regularly come under scrutiny as violations of certain constitutional rights, specifically those outlined in the Fourth Amendment.

While Florida does allow police to perform DUI checkpoints, some states do not give their police this right, or greatly regulate it. However, even though we do face legal DUI checkpoints here in the Sunshine State, there are some potential violations of personal rights that a court may consider.

Explaining Florida identity theft laws and penalties

On behalf of Lindsey & Ferry, P.A. posted in White Collar Crimes on Wednesday, March 14, 2018.

Identity theft is one of the more serious crimes out there. Too often people find that their identities have been stolen. Sometimes, they learn that it was perpetrated by someone they know. It can be overwhelming to hear of all the data breaches on the news, but there are ways you can protect yourself. Let's take a look at the laws on the books and the penalties associated with identity theft in Florida.

Anyone charged with and then convicted of identity theft in Florida will face a second-degree felony. Should the crime involve public records, the charge will be upgraded to the next highest degree, which would be a first-degree felony. A second-degree felony kicks in when the crime involves the use of another person's identity to acquire anything of value or any property that is valued at more than $5,000.

A first time DUI is still worth fighting

On behalf of Lindsey & Ferry, P.A. posted in Drunk Driving Charges on Sunday, March 11, 2018.

In many instances, a driver's first DUI charge is a misdemeanor. However, despite the fact that misdemeanor charges are quite common, they are not a charges to take lightly. The good news is that a misdemeanor DUI charge may not entail jail time as part of a sentence. Still, a driver who receives a misdemeanor DUI conviction can find it surprisingly costly.

If you are going to face criminal charges, you want them to be misdemeanor charges rather than felony charges. This is not a surprise to anyone, as felonies generally mean far harsher sentencing, including jail time, severe financial consequences and the loss of many privileges entirely unrelated to driving, such as voting.

Overbilling could lead to charges for health care fraud

On behalf of Lindsey & Ferry, P.A. posted in blog on Friday, March 9, 2018.

More than likely, you would rather focus on your practice as a physician than worry about the management of your practice. You employ others to handle those tasks for you. However, if you fail to oversee on your billing, you could find yourself under investigation or even arrested for health care fraud.

Like most other doctors, you probably accept Medicaid and Medicare. Under the watchful eye of the Centers for Medicare & Medicaid Services, you need to make sure that nothing in your billing may appear fraudulent.