Articles Posted in Arrests

video voyuerism, up skirt, Pensacola, Personal cameras are relatively cheap and ubiquitous these days. Practically every cell phone on the market comes with a camera that can record still photos and video. Stand-alone digital cameras are also common.

With new technologies, the personal computer being a great example, also comes the ability to abuse them in ways which can result in serious criminal charges being brought against otherwise law-abiding citizens.

One crime associated with digital cameras or recording systems like the ones mentioned above is video voyeurism. The legal definition of “video voyeurism” in Florida is when an electronic recording device is used to record an image of another person who is dressing, undressing or privately exposing their body, or recording under or through another person’s clothing or underwear motivated by amusement, entertainment, sexual arousal, gratification or sometimes profit. This crime is a violation of Florida Statute §810.145 (2).  

probation Pensacola Milton Destin
Nobody wants to go to jail.

As we all know, even people who are convicted of crimes are not automatically sent to jail for months or years. Many times, people who, perhaps, have an otherwise clean record or whose crimes were not especially serious, can remain free so long as the meet certain criteria for a proscribed period of time. This is called probation.

Probationers charged with felonies in Escambia, Santa Rosa, Okaloosa and Walton counties are managed by the State Department of Corrections (the DOC). Each county has separate DOC offices. Misdemeanor probationers are handled by their respective counties.

Giving a friend a pain pill is drug dealing in Pensacola, Florida.When you hear the term “drug dealer” certain images come to mind. You might picture a guy in a trench coat lurking in the shadows outside of a bar, or maybe a young man who runs up to a car slowly cruising a bad neighborhood.

Unfortunately, you can find subjects that meet those descriptions right here in Pensacola, Gulf Breeze, Milton, Fort Walton Beach and Destin.

But the way Florida law applies, a drug dealer can also be a college student who buys herself a bag of marijuana and gives a friend a joint. It can even be a man who gives a friend a Valium to help her with the stress of a bad divorce.

Some people arrested in Pensacola on drug charges may avoid jail time my opting for Drug Court.
Thankfully, the criminal justice system recognizes that crimes related to drugs and alcohol are oftentimes rooted in the disease of addiction and offers a respite in a program called Drug Court. If successfully completed, Drug Court helps offenders avoid jail time and, in some cases, can keep a felony conviction off their record.

Eligibility for post-adjudicatory drug courts is set out in Florida Statute § 948.08 and varies widely, as these drug courts operate at the county and circuit level throughout Florida. We owe the genesis of our Drug Court Program to the Honorable John T. Parnham, a retired Escambia County Circuit Judge, who helped begin and set up Pensacola’s drug court program based on other models in use around the country.

This article is designed only to give you a basic outline of how drug court is used in Northwest Florida and Escambia County or Pensacola. Please see the statute for a more complete explanation of how “drug court program” actually works or give our office a call and we’ll be happy to assist you.

Pre-trial diversion and pre-trial intervention can help offenders avoid getting convictions on their record in Pensacola and Northwest Florida.Everybody makes mistakes.

For some people, those mistakes bring them into conflict with the law. Thankfully, Florida law recognizes that, in some cases, offenders deserve a second chance.

In Pensacola, Milton, Fort Walton, Destin, and all over Northwest Florida, our State courts offer two programs that defer some offenders away from the criminal justice system who have never been in trouble with the law, generally for certain types of first offenders.

Keeping a gun in your car in Pensacola, Milton, Navarre and Gulf Breeze, Florida.As most of us are aware, the Second Amendment to the U.S. Constitution guarantees every American’s right to own a gun. That right doesn’t stop when you get into your vehicle.

In fact, in communities like Pensacola, Navarre, Milton and Fort Walton Beach – really, anywhere in this part of Florida — it is quite common for drivers to keep firearms in vehicles. Who hasn’t seen trucks with gun racks in their windows, sporting one or more hunting guns?

In fact, it’s just as legal to keep your handgun in your car depending on how and where you keep it.  Making sure your gun is in plain sight – that is, not concealed – is the key to its legality. The legal definition of “concealed firearm” is contained in Fla. Stat. §790.001. This statute defines a “concealed firearm as any firearm carried on or about a person (or car) in such a manner as to conceal the firearm from the ordinary sight of another person.” (Emphasis added).

no contest plea, pensacola, florida, Gulf BreezeMany of us have heard the term “no contest,” or in Latin “nolo contendere,” which means “I do not wish to contend,” on television or maybe during a trip to court here in Pensacola, but what does that mean and what is the difference between a plea of no contest and a plea of guilty in Florida?

Sometimes there is, effectively, no difference and sometimes there is a considerable difference.

If someone pleads guilty, they are admitting to the facts and legal consequences of those facts.  However, by entering a no contest plea, a person is not admitting their guilt but is admitting there are facts the prosecution can prove that would result in a conviction.  Specifically, by entering a plea of no contest a person is neither denying their guilt or admitting it. Rather, they are admitting that it is in their best interest to enter the plea.  The sentencing consequences can be, and usually are, the same.

plea agreement, Pensacola, attorney, crimeA plea agreement is a negotiated contract between a defendant’s attorney and the prosecutor that spells out the sentence that is acceptable to both parties. That sentence is then recommended to the court; it is then up to the court to accept or deny the terms of the plea agreement.

Provided the court accepts the terms agreed to, there will be no need for a trial. If the court does not accept the conditions, the defendant is generally allowed to withdraw the plea and choose to either plea without a plea agreement “straight up” to the court or go to trial.

Plea agreements have the advantage of certainty for the defendant. Almost always, the sentence agreed upon in the plea agreement is something less severe that the maximum allowable punishment under the law – otherwise there would be no reason to enter into a plea agreement.

expungement sealing arrest attorney
If you’ve ever been arrested but you were not convicted, you may think you have a clean criminal record. A prosecutor, defense attorney or perhaps even a judge may have told you that.

However, your criminal record may not be as clear as you think it is. But an attorney can help that arrest virtually disappear through processes called expungement and sealing allowed in Florida under Fla. Stat. §943 (2015).

In most cases, being arrested for a crime will result in a permanent record of the arrest regardless of the charge being dismissed or adjudication being withheld.  In some situations, expungement and sealing can keep an arrest from showing up on background checks.

spring break partyFew things can put a damper on a spring break trip to Pensacola Beach, Navarre, Ft. Walton Beach or Destin like getting arrested.

As disheartening as that can be, the right attorney may be able to help you avoid a mandatory court appearance or, possibly, even having a blemish on your record. Here are some common reasons – and remedies – for spring break arrests:

Minor in possession of alcohol or marijuana: Although those arrested for being a minor in possession are not usually taken to jail, they are issued what’s called a “Notice to Appear.” That is a legal requirement to appear in court on a particular date, usually a few weeks later. In Florida,  it has the same effect as an arrest, unfortunately. The defendant must appear at that court date unless he or she hires an attorney who can waive the requirement to appear.  Sometimes an agreement can be reached with the prosecutor eliminating the need to appear or even come back to Pensacola.