Friday, February 19, 2016

Criminal Defense Attorney in Lakeland FL Search Warrants Drug Crimes htt...





http://www.GreggKamp.com
509 County Road 540A
Lakeland, Florida 33813
Phone:(863) 646-3135

Criminal Defense Attorney Lakeland FL Polk County FL
DUI Charges | BUI Boating Under The Influence Charges
DUI and BUI Lawyer in Lakeland FL Plant City FL Polk County FL
Criminal Lawyer Felony Assault Drug Charges Sex Crimes

Search Warrants in Florida—Understanding Your Rights

The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”


Because of the rights found in the Fourth Amendment, a law enforcement officer is generally required to obtain a search warrant before he or she has the right to enter and search your home. If the police wish to search your home it is important that you understand your rights and obligations.
To obtain a search warrant in Florida a law enforcement officer must request one from a judge or magistrate. The request must include an affidavit, sworn to by the officer, which includes information that provides the basis for probable cause for the search warrant. In other words, the judge must be convinced that there is a high probability that contraband or evidence of a crime will be found at the property to be searched.
Furthermore, the search warrant must specify what the police are allowed to search for and must describe the property to be searched. If a search warrant is issued by a judge or magistrate the police may execute the search warrant at any time. As a general rule the police can only search for items indicated in the warrant. For example, if the warrant allows the police to search for stolen televisions they cannot open drawers in a bathroom cabinet where a TV would not fit.


While a warrant is usually required to search your home there are a few important exceptions to the warrant requirement. The most commonly used exception is consent. People consent to a search far more often than they should. If you consent to a search you significantly limit your attorney’s ability to challenge the search down the road if incriminating evidence is uncovered. Law enforcement officers will frequently try to convince a resident to consent if a search warrant has yet to be obtained.



If you are faced with a search warrant issue, contact Gregg S. Kamp, P.A., an experienced Florida criminal defense attorney immediately. Call 863-646-3135 or visit http://www.GreggKamp.com for assistance.

Wednesday, February 17, 2016

BUI Charges Boating Under The Influence Attorney Lakeland FL http://www....





 http://www.GreggKamp.com
509 County Road 540A
Lakeland, Florida 33813
Phone:(863) 646-3135

Criminal Defense Attorney Lakeland FL Polk County FL
DUI Charges | BUI Boating Under The Influence Charges
DUI and BUI Lawyer in Lakeland FL Plant City FL Polk County FL
Criminal Lawyer Felony Assault Drug Charges Sex Crimes

Boating Under The Influence in Florida

With almost 1,200 miles of coastline, hundreds of lakes, and a massive river system, it should be no surprise that boating is a popular pastime in the State of Florida. Whether you live in Florida, or are just visiting, you need to be aware of the Boating Under the Influence laws.
Florida is one of many states that have made boating under the influence, or BUI, a criminal offense similar to its dry land counterpart, driving under the influence.

Section 327.35 of the Florida Statute governs boating under the influence. According to the statute, a person can be found guilty of BUI if he or she is operating a vessel and:

· The person is under the influence of alcoholic beverages, any chemical substance set forth in Florida Statute 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
· The person has a blood-alcohol level, or BAC, of 0.08 or more grams of alcohol per 100 milliliters of blood; or
· The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Florida also has a “zero tolerance” law for BUI that addresses under-age boaters. Anyone under the age of 21 who is found to be operating a boat with a BAC of 0.02 or higher can be found guilty of BUI. Furthermore, if you are stopped while boating by a law enforcement officer and the officer suspects you of BUI you are required to submit to a breathalyzer, just as given at a dry land DUI stop. Refusal to submit to a breathalyzer can result in additional fines and penalties.
A first time conviction for BUI carries with it a fine of $500 to $1,000 and a possible term of incarceration not to exceed six months. A second conviction can cost you up to $2,000 in fines and you face up to nine months in jail. A third conviction within ten years raises the offense to a felony which significantly increase the possible penalties. If your BAC is 0.15 or higher at the time of the offense, or you have someone in the boat that is under the age of 18 at the time, both the fine and the possible term of imprisonment are increased.
If you plan to take to the water in Florida in a boat or other type of water vessel it is imperative that you remember that BUI is taken seriously in the state. Just as you would designate a driver if you planned to drink while out for the day on dry land, you may wish to do the same if you plan on having a few beers or cocktails while out on your boat in Florida.

If you or someone you know is arrested or charged with a crime in Polk County Florida, call Gregg S. Kamp P.A. at 863-646-3135 or visit http://www.GreggKamp.com for immediate representation.

Tuesday, February 16, 2016

Credit Card Fraud Retail Theft Charges Attorneys Pinellas County FL http...





 http://www.PSFFirm.com
Powers Sellers and Finkelstein PLC
6344 Roosevelt Blvd Suite B 
Clearwater, Florida 33760
727-531-2926
Criminal Defense Attorneys in Pinellas County Florida
Clearwater FL | Largo FL | St. Petersburg FL
Credit Card Theft Lawyers | Credit Card Fraud Lawyers
Fraud and White Collar Crimes Attorneys 

Credit Card Theft Crimes in Florida

Today, credit and debit cards are the primary payment source for making purchases or paying bills. And, just as you can be charged with theft of cash, you can be charged with the theft of a credit card in the State of Florida. 

The State Credit Card Crime Act addresses credit card crimes in Florida and provides the penalties for a conviction of one of the provisions of the Act.

Florida Statute 817.60 describes the criminal offense of theft using a credit card and states:
“A person who takes a credit card from the person, possession, custody, or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft”
The same statute also makes it a crime to possess with the intent to use a credit card that you know was lost, mislaid, or delivered under a mistake to the wrong address and to buy or sell a credit card unless you are the issuer of the credit card. Finally, the statute makes it a crime to obtain a credit card as security for a debt.
All of the offenses found in Florida Statute 817.60, and that are part of the State Credit Card Crime Act, are punishable as a misdemeanor of the first degree or a felony of the third degree. 
A first degree misdemeanor in Florida is punishable by up to a year in jail and a $1,000 fine. A third degree felony is punishable by a term of imprisonment not to exceed five years and a fine of up to $5,000.
Although the State Credit Card Crime Act directly addresses many criminal offenses, the Act is not exclusive, meaning that there are crimes outside of the Act that could include the illegal use of a credit card in Florida. Skimming someone's card number, or obtaining it unlawfully and using it as described in the Statute, is the same as being in physical possession of the card itself.

If you or someone you know is accused of a credit card theft or fraud charge, or any other white collar or related criminal charge, call Powers Sellers and Finkelstein PLC at 727-531-2926 or visit http://www.KeepCalmCallUs.com for more information and immediate assistance.

Tuesday, February 2, 2016

Stalking Charges Lawyer in Pinellas County FL Defending a Charge http://...





 http://www.PSFFirm.com
Powers Sellers & Finkelstein PLC
6344 Roosevelt Blvd. Suite B
Clearwater, Florida 33760
727-531-2926
Criminal Defense Attorneys in Pinellas County Florida
Clearwater FL | Largo FL | St. Petersburg FL | Palm Harbor FL
Stalking Charges Defense Lawyers Pinellas County FL

The Definition of Stalking and the Penalties for Conviction in Florida

Along with domestic violence, stalking is a crime that was not prosecuted aggressively until recently in Florida and around the country.

Victims were often thought to be exaggerating the circumstances, or labeled “attention seekers”.

Lawmakers across the country, including in the State of Florida, now see stalking as a serious, potentially deadly, crime.
If you have been accused of stalking in Florida it is essential to understand the Florida stalking laws and potential penalties for a stalking conviction.

Under Florida Statute 784.048(2) the criminal offense of stalking is defined as follows:

“A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.”

To fully understand the definition of stalking you need to know how some other important terms are defined, such as “harass” and “cyberstalk”.

· Harass – means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
· Cyberstalk — means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Stalking is charged as a first degree misdemeanor absent aggravating factors and is punishable by up to a year in jail and up to a $1,000 fine.

Aggravated Stalking is charged as a third-degree felony, and is punishable by up to five years in prison and up to a $5,000 fine if any of the following aggravating circumstances are present:
· The accused made a credible threat during the alleged stalking behavior.
· The accused also violated an injunction or other court order requiring the accused to stay away from the alleged victim.
· The alleged victim is under 16 years of age.

If you have been accused of stalking, you must take the accusations seriously. Not only do you face a potential term of incarceration if convicted, but a conviction for stalking could also adversely affect your rights to custody or visitation with minor children.

If you believe that you are the victim of stalking you have the legal right to request an injunction which, if granted, will order the alleged stalker to refrain from contacting you or harassing you.


In either case, it is in your best interest to consult a Florida Criminal Defense Attorney for immediate representation. Call Powers Sellers and Finkelstein at 727-531-2926 or visit us at http://www.KeepCalmCallUs.com.