Category Archives: State Court

Tampa Attorney on Search and Seizure | Incident to Arrest | Vehicle

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Search Incident to Arrest, Vehicle Search, Incident to arrest, Search and Seizure,

Search Incident to Arrest, Vehicle Search
Search and Seizure Vehicle Glovebox

Court tossed the Evidence seized in the Car

“The cop said he saw “furtive movements” near the glove box.”

For this Tampa Criminal Defense Attorney, Search and seizure of a vehicle glove box has been the subject of a recent research project. Vehicles are frequently searched Incident to arrest. One court ruled that Police could not reasonably believe there would be evidence relevant to crime of fleeing and eluding found in a vehicle’s glove compartment. The cop said he saw “furtive movements” near the glove box. The cops claimed officer safety concerns. The court found  at time of the vehicle search, the defendant was handcuffed, not near the car, and in the custody of backup officers. The trial court tossed the evidence seized in the car and the appeals court agreed.

Search and Seizure Questions? Ask me 813-222-2220 .

Source: 35 Fla. L. Weekly D533b

THEF6000 TRESPASS AND LARCENY WITH RELATION TO UTILITY

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Theft of Utilities, 812.14.2B, THEF6000, TRESPASS AND LARCENY WITH RELATION TO UTILITY

Theft of Utilities, 812.14.2B, THEF6000
Theft of Utilities

“connection with any wire, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use, without the consent of the utility”

If you have been charged with THEF6000 TRESPASS AND LARCENY WITH RELATION TO UTILITY you can call a Tampa Criminal Defense Lawyer at 813-222-2220. 

Form Code: THEF6000
Florida Statute: 812.14.2B
Level: Misd (Misdemeanor)
Degree: 1st

Description: TRESPASS AND LARCENY WITH RELATION TO UTILITY

 

THEF6000 TRESPASS AND LARCENY WITH RELATION TO UTILITY is often charged in Hillsborough County, Florida.

 

Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.14 Trespass and larceny with relation to utility fixtures; theft of utility services.

(2) It is unlawful to:

(b) Make or cause to be made any connection with any wire, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use, without the consent of the utility, any service or any electricity, gas, or water, or to cause to be supplied any service or electricity, gas, or water from a utility to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet whatsoever, without such service being reported for payment or such electricity, gas, or water passing through a meter provided by the utility and used for measuring and registering the quantity of electricity, gas, or water passing through the same.

THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY

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Failure to Redeliver Leased Property THEF6304 812.155.3

Failure to Redeliver Leased Property THEF6304 812.155.3
Failure to Redeliver

“without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty”

Failure to Redeliver Leased Property

If you have been charged with THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY you can call a Failure to Redeliver Leased Property Defense Attorney Tampa at 1-877-793-9290 and tell me your story.
Form Code: THEF6304
Florida Statute: 812.155.3
Level: Fel (Felony)
Degree: 3rd
Description: FAILURE TO REDELIVER LEASED PERSONAL PROPERTY
THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.

(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

THEF2200 GRAND THEFT MOTOR VEHICLE

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Grand Theft Auto, 812.014.2C4, THEF2200, GRAND THEFT MOTOR VEHICLE

Grand Theft Auto, 812.014.2C4, THEF2200
Grand Theft Auto

“grand theft of the third degree is a felony . . .  if the property stolen is . . .  a  motor vehicle”

Grand Theft Auto

If you have been charged with THEF2200 GRAND THEFT MOTOR VEHICLE you can call a Grand Theft Auto Attorney at 813-222-2220.

Form Code: THEF2200  
Florida Statute: 812.014.2C4
Level: Fel (Felony)
Degree: 3rd
Description: GRAND THEFT MOTOR VEHICLE

THEF2200 GRAND THEFT MOTOR VEHICLE is often charged in Hillsborough County, Florida.

 

Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.014 Theft.

(2) (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.

FRAU7100 ORGANIZED FRAUD LESS THAN 20000

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Organized Fraud Under $20000, 817.034.4A3, FRAU7100, ORGANIZED FRAUD LESS THAN 20000

Organized Fraud Under $20000
Organized Fraud Under $20,000

“person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree”

 

Organized Fraud Under $20,000

If you have been charged with FRAU7100 ORGANIZED FRAUD LESS THAN 20000 you can call a Tampa Organized Fraud Defense Lawyer at 813-222-2220.

Form Code: FRAU7100
Florida Statute: 817.034.4A3
Level: Fel (Felony)
Degree: 3rd
Description: ORGANIZED FRAUD LESS THAN 20000

FRAU7100 ORGANIZED FRAUD LESS THAN 20000 is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 817 FRAUDULENT PRACTICES

 

817.034 Florida Communications Fraud Act.

(4) OFFENSES.—

(a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable as follows:

3. If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI

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Introduction of Contraband Detention Facility, 951.22, JAIL1200

Introduction of Contraband Detention Facility, 951.22, JAIL1200
Contraband Introduction
Detention Facility

“to introduce into or possess upon the grounds of any county detention facility”

Introduction of Contraband to a Detention Facility

If you have been charged with JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI you can call a Introduction of Contraband Attorney in Tampa at 813-222-2220.

Form Code: JAIL1200
Florida Statute: 951.22
Level: Fel (Felony)
Degree: 3rd

Description: INTRODUCTION OF CONTRABAND TO DETENTION FACILI

JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI is often charged in Hillsborough County, Florida.

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 951 COUNTY AND MUNICIPAL PRISONERS

951.22 County detention facilities; contraband articles.

(1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the purposes of this act, to wit: Any written or recorded communication; any currency or coin; any article of food or clothing; any tobacco products as defined in s. 210.25(11); any cigarette as defined in s. 210.01(1); any cigar; any intoxicating beverage or beverage which causes or may cause an intoxicating effect; any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02(4); any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon; and any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility.

(2) Whoever violates subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

ASSA1000 ASSAULT

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Misdemeanor Assault, 784.011, ASSA1000, ASSAULT

Misdemeanor Assault, 784.011, ASSA1000
Misdemeanor Assault

“assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so

Misdemeanor Assault

If you have been charged with ASSA1000 ASSAULT you can call a Tampa Criminal Assault Lawyer at 813-222-2220  and tell your story.

Form Code: ASSA1000
Florida Statute: 784.011
Level: Misd (Misdemeanor)
Degree: 2nd
Description: ASSAULT

ASSA1000 ASSAULT is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.011 Assault.(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS

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Expired Driver's License Over 4 Months TRAF6003

TRAF6003 Expired Driver’s License Over 4 Months
Expired Driver’s License
Over 4 Months

Let’s get you back on the Road today!

If you have been charged with TRAF6003 EXPIRED DRIVERS LICENSE   MORE THAN 4 MONTHS you can call a Driver’s License Defense Attorney in Tampa at 1-877-793-9290 and tell your story.

Form Code: TRAF6003


Florida Statute: 322.03.5
Level: Misd (Misdemeanor)
Degree: 2nd

Description: EXPIRED DRIVERS LICENSE   MORE THAN 4 MONTHS

 

TRAF6003 EXPIRED DRIVERS LICENSE   MORE THAN 4 MONTHS is often charged in Hillsborough County, Florida.

 

Title XXIII MOTOR VEHICLES
Chapter 322 DRIVERS’ LICENSES


322.03 Drivers must be licensed; penalties.

(5) It is a violation of this section for any person whose driver’s license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

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Possess Alcohol Under 21

If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: MISC0112
Florida Statute: 562.111
Level: Misd (Misdemeanor)
Degree: 2nd
Description: POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.

 

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

MISC0019 LOITERING OR PROWLING

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Loitering Prowling, 856.021, MISC0019, LOITERING OR PROWLING

Loitering and Prowling, 856.021, MISC0019
Loitering Prowling

“unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals”

Loitering and Prowling

If you have been charged with MISC0019 LOITERING OR PROWLING you can call a Loitering and Prowling Defense Attorney at 813-222-2220.

Form Code: MISC0019
Florida Statute: 856.021
Level: Misd (Misdemeanor)
Degree: 2nd

Description: LOITERING OR PROWLING

 

MISC0019 LOITERING OR PROWLING is often charged in Hillsborough County, Florida.

 

Title XLVI CRIMES
Chapter 856 DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

856.021 Loitering or prowling; penalty.

(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.