Andrew M. Coffey, P.A.Fort Lauderdale Criminal Defense Lawyer2024-03-13T11:50:12Zhttps://www.amcoffey.com/feed/atom/WordPress/wp-content/uploads/sites/1100425/2019/06/cropped-site-icon-32x32.pngOn Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=508052024-03-13T11:50:12Z2024-03-13T11:50:12ZJoke threats are no laughing matter
Under Florida law, it's a felony to make a false report about planting a bomb, explosive, or weapon of mass destruction, or using firearms in a violent manner. This law recognizes that such threats can cause widespread panic, waste law enforcement resources, and potentially lead to harm if people react in fear.
What counts as a criminal offense under the law?
Besides bomb threats, other joke threats that could lead to criminal charges include:
Falsely reporting an active shooter situation
Threatening to release a hazardous substance
Falsely reporting the presence of any device or substance designed to cause serious bodily harm or death
These actions are considered serious offenses because they can lead to significant public disruption and fear.
Penalties for making false threats
The penalties for those convicted of making a false report are severe. The offense is classified as a second-degree felony, which can result in:
Up to 15 years in prison
Fines reaching $10,000
A permanent criminal record that can affect future employment and rights
Because making jokes about a bomb or shooting threat can still endanger people’s lives, it’s a serious criminal offense. If you face charges, know that your joke will lead to real penalties on conviction. A legal professional may be able to protect your rights in court and advise you on your defense options.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=508012024-03-07T16:54:40Z2024-03-07T15:02:26Zmore vulnerable to false accusations of domestic abuse, making them the abuser in their story.
Controlling the narrative
Abusers will often shift the story and make the victims the bad guys to control the narrative. This allows them to get favor on how other people view their relationship. Controlling the narrative could also give them an advantage in court—allegations of domestic violence impact court decisions on protective orders and child custody.
Sometimes, abusers make false allegations to tarnish the reputation of their partner. This often happens when their partner—the victim—threatens or decides to report the domestic violence. They could publicize a manipulated story that would make them the victim instead. With how vast domestic violence affects women in society, women will often get sympathy from the public.
Correcting the wrong
Domestic violence is a severe case. Being falsely accused of this could impact the victim’s reputation. It could affect their relationship with family and friends. It could also harm their career.
Anyone, no matter what their gender is, could fall victim to domestic violence. If you are a victim of domestic violence who was suddenly turned into an abuser through false allegations or fraudulent statements, take immediate action and seek legal counsel to protect your rights.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507992024-02-22T13:17:45Z2024-02-22T13:17:45ZAuto theft charges explained
There’s no separate criminal charge for auto theft. Instead, Florida law categorizes auto theft under grand theft due to the values of the vehicles involved.
The degree of the criminal charge depends on the stolen vehicle’s worth. If the theft offense involved property damage, the degree is also enhanced:
Vehicle valued under $20,000: The theft offense is a third-degree felony.
Vehicle valued between $20,000 and $100,000: The theft offense is a second-degree felony.
Vehicle valued over $100,000, or theft involved property damage: The theft offense is a first-degree felony.
The higher the degree of the offense, the more severe the penalties on conviction.
The penalties for auto theft
If a court convicts a person of auto theft, these are the penalties they potentially face:
Grand theft, third-degree felony: Up to five years of prison and $5,000 in fines.
Grand theft, second-degree felony: Up to 15 years of prison and $10,000 in fines.
Grand theft, first-degree felony: Up to 30 years of prison and $10,000 in fines.
An offender’s past criminal record may also lead to enhanced penalties.
Auto theft vs. joyriding
Auto theft refers to the act of stealing another person’s vehicle to permanently deprive the other of said automobile. However, joyriding refers to temporarily using someone else's vehicle without permission and without the intent to take it away permanently. These are two very different offenses on paper, and some U.S. states prosecute these offenses differently.
But Florida considers joyriding the same as auto theft, so anyone caught in the act will face grand theft charges.
Auto theft and joyriding are serious legal matters in Florida, with significant consequences for those convicted. These cases can be complex, and a conviction will lead to steep fines and jail time. A legal professional may be able to help those accused to understand their options and protect their rights in court.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507972024-02-13T14:32:32Z2024-02-13T14:32:32ZWhen the possession of marijuana is legal in Florida
Just because you have a medical condition does not automatically mean you can legally possess the drug. Any possession of marijuana must still fall within the legal framework established by Florida law. It is legal to have marijuana in Florida under the following conditions:
Possession of marijuana is legal in Florida for those who have a qualifying medical condition, but you must obtain a recommendation from a certified physician.
To legally possess marijuana for medical purposes, you must have a valid medical marijuana card issued by the state of Florida.
You can only purchase medical marijuana from a licensed medical marijuana treatment center (MMTC) in Florida.
Owning a medical marijuana card does not give you unlimited access; there are still legal limits to the quantity you can carry. You must adhere to the possession limits set forth by the state for medical marijuana. Before, only non-smokable forms of the drug were legal for medical use. However, now, even smokable forms are legal under certain conditions. You must remember that even if you have a medical marijuana card, using marijuana in public remains illegal.
Penalties for illegal possession of marijuana can be severe
While some states have relaxed their stance on recreational marijuana, Florida maintains strict laws against it. The severity of the penalties you might face will be dependent on the quantity of the drug you have with you at the time of the arrest. You could face hefty fines, probation and jail time.
Remember, a charge is not a conviction, and with the right defense, you can find a way to minimize the negative impact of these charges on your life.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507952024-01-26T13:45:25Z2024-01-26T13:45:25ZFlorida law on looting
According to state law, a person commits a theft offense if they loot property during a riot, with the theft facilitated by certain “conditions” arising from said riot. It’s also a looting offense if someone steals property during a state of emergency (such as during or after a natural disaster).
What are these conditions facilitating looting?
By law, a theft offense is considered looting if certain conditions brought about by rioting or a state of emergency apply. These conditions include:
Civil unrest
Power outages
Curfews
First responders are too busy to respond
Voluntary or mandatory evacuations
These conditions mean that even if a theft offense happens in one part of town while the riots happen in another part, the conditions brought about by the civil unrest will still enhance the crime.
Legal consequences
The penalties for looting depend on the value of the items stolen during the offense:
Property stolen is worth $20,000 or more, less than $100,000: The theft is a felony of the first degree, punishable by up to 30 years of prison and $10,000 in fines.
Property stolen is worth $10,000 or more, less than $20,000: The theft is a felony of the second degree, punishable by up to 15 years of prison and $10,000 in fines.
Property stolen is worth $5,000 or more, less than $10,000: The theft is a felony of the third degree, punishable by up to 5 years of prison and $5,000 in fines.
Theft during a riot in Florida is a serious offense with heightened penalties due to the added risks to public safety. If you face such charges, consult an experienced legal professional to defend your rights and explore your legal options.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507932024-01-19T14:51:56Z2024-01-19T14:51:56ZWhy false allegations may be made
Often, false allegations of domestic violence are made to make it harder for the other party to obtain custody of their children. It may also be part of a broader scheme to turn friends, family members or others against their partner to satisfy their need for revenge.
The impact of false allegations
If a judge believes the allegations made against you, that judge will issue a protective order. That order will stipulate that you can't attempt to communicate with your spouse or visit places he or she may frequent. It may also prohibit you from spending time with your kids or contacting them in any way. The fact that a protective order was granted might also impact your ability to get custody of your kids or have an impact on your personal or professional reputation.
You can appeal
You do have the right to appeal a protective order, and it's typically in your best interest to do so as soon as possible. You may be able to use text messages, video footage or other evidence that proves you have never engaged in domestic violence against your spouse. Statements from your parents, your child's teacher or other parties may also be used to clear your name.
Allegations of domestic violence will be taken into consideration by a judge when crafting or approving a child custody agreement. Therefore, unless you appeal a protective order or prove these allegations are false, you may be denied custody of your kids. However, over time, an order may be modified if you can prove to the court that you're a capable caregiver.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507912024-01-16T10:07:21Z2024-01-16T10:07:21ZPossession without a prescription
According to state law, it’s illegal for persons to possess a controlled substance unless the substance was lawfully obtained from a medical practitioner or through a valid prescription. Those who violate this law commit a felony of the third degree, which is punishable by up to five years of imprisonment and $5,000 in fines.
“Doctor shopping”
Doctor shopping is another punishable offense in Florida. It occurs when a patient withholds information, fakes symptoms or engages in any type of fraud to obtain a prescription for a controlled substance.
Doctor shopping is an offense in Florida. However, the state additionally prohibits individuals from making another request for a controlled substance when they’ve received medication of similar therapeutic use within the last 30 days. Doctor shopping is another third-degree felony, punishable by up to five years of prison and $5,000 in fines.
Florida's prescription drug laws are in place to prevent abuse and trafficking. Understanding these laws is crucial to avoid unintentional offenses and the harsh penalties that can follow. Consider seeking immediate legal counsel if you face charges. Remember that a charge isn’t a conviction and that a legal professional can help you with your defense.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507892024-01-08T13:16:31Z2024-01-08T13:16:31ZFactors that contribute to kleptomania
Kleptomania, a rare mental disorder, causes individuals to experience a recurring impulse to steal and find relief during or following the act. Unlike thieves who steal to gain something valuable or useful, those with kleptomania do not take things for profit. Often, they steal items they do not need or could easily buy without any deliberate planning.
The root cause of kleptomania is still under research. However, researchers have identified a few factors that contribute to kleptomania, such as past traumatic experiences, existing mental illnesses, brain disorders and genetics. Additionally, irregularities in brain chemistry may impair impulse control, resulting in bad decisions.
Can kleptomania absolve theft charges?
When kleptomania drives a person to steal, they may wonder whether the disorder is a valid defense to avoid criminal charges. However, theft is theft. The court may not find kleptomania as justification for stealing.
Given its rarity, there must be confirmation from a mental health professional that the accused has been clinically diagnosed with kleptomania. A person who steals items for profit is unlikely to have the condition.
Still, courts strive to deliver justice while considering mental disorders. Individuals whose kleptomania leads them to theft may potentially receive a court order for rehabilitation and treatment instead of jail time.
Kleptomania presents unique challenges due to widespread misunderstanding. Those facing legal trouble related to the disorder may benefit from having a legal advocate. The right support system may help make coping with kleptomania while dealing with criminal charges more manageable.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507872023-12-19T14:18:57Z2023-12-19T14:18:57ZWhen joyrides go wrong
Joyrides can quickly spiral into disaster. Teens, as young as 13 to 15, get behind the wheel of someone else’s car to show off or respond to a dare. The rush from having access to a vehicle might then encourage risky behaviors such as speeding, swerving or distracted driving.
The thrill doesn’t last very long. Lack of experience can lead to a loss of control, resulting in devastating crashes. Many joyrides end in death, with parents left devastated.
Penalties for theft of a motor vehicle
In Florida, joyride is more than harmless teenage rebellion. It is against the law. Joyriding or the unauthorized use of a vehicle can fall under grand theft as it deprives the owner of their property. Grand theft is a crime punishable by up to 5 years imprisonment and $5,000 fines.
Penalties may escalate depending on the value of the stolen vehicle and whether it was an instrument in other crimes. "Borrowing" a vehicle worth between $20,000 and $100,000 may result in a fine of up to $10,000 and up to fifteen years in prison.
The legal consequences of a criminal conviction can have a lasting impact on the life of a teenager, affecting their educational prospects, career aspirations and overall future.
Protecting your child’s future
Teen joyriding is an unlawful, risky activity that can lead to serious consequences. As a parent, you play a pivotal role in guiding your child to make the right decisions. Otherwise, a momentary thrill might result in a lifetime of guilt.
If your teenage child is facing criminal charges, acting immediately may help safeguard their future.]]>On Behalf of Andrew M. Coffey, P.A.https://www.amcoffey.com/?p=507852023-12-11T10:52:32Z2023-12-11T10:52:32ZObtaining firearm delivery through false pretense or fraud
Per Florida law, it’s a crime for a gun purchaser to obtain delivery of a weapon by fraud, false pretense or false misrepresentation. Fraud may involve the person pretending to be any of the individuals exempt from the waiting period or using a fake concealed weapons license to get around the waiting period.
Likewise, it’s an offense for any retailer or employee of a retailer to deliver a firearm before the expiration of the mandatory waiting period.
Rifle or shotgun buyers who completed a 16-hour hunter safety course and have a hunter safety certification
Those who are trading in another firearm
Law enforcement officers, correctional officers and servicemembers
As mentioned previously, buyers trying to pretend they’re one of the following or have forged documents saying they’re concealed weapon permit holders or have hunter safety certification violate the law.
The penalties for obtaining firearms through trickery
A violation of Florida’s mandatory waiting period is a felony of the third degree for both buyers and retailers. On conviction, a person faces up to five years of prison and $5,000 in fines.
The mandatory waiting period for buying firearms is a restriction everybody should abide by. Violating this law, even if you don’t have a criminal history, leads to a felony criminal charge. Consider consulting a legal professional if you face charges, to build your case.]]>