# Germain Legal > Read more from Mark Germain. --- ## Pages - [Misdemeanor Possession of Marijuana](https://germainlegal.com/criminal-defense/marijuana-defense/misdemeanor-possession-of-marijuana/): If you have been charged with possessing a misdemeanor (20g) amount of marijuana, contact Mark Germain for representation today. - [Molestation](https://germainlegal.com/criminal-defense/sex-offenses/molestation/): Germain Legal is experienced at aggressively defending clients for sex crimes on the Space Coast, including molestation. - [Lewd and Lascivious Conduct](https://germainlegal.com/criminal-defense/sex-offenses/lewd-and-lascivious-conduct/): Germain Legal provides expert legal defense for our clients, including those charged with lewd and lascivious conduct against a child - [Child Pornography](https://germainlegal.com/criminal-defense/sex-offenses/child-pornography/): Child Pornography is a serious sex crime in Florida. If you have been accused of owning or distributing child pornography, contact Mark Germain immediately. - [Robbery](https://germainlegal.com/criminal-defense/property-crimes/robbery/): Robbery is a very serious charge. If you have been charged with robbery, contact Mark Germain immediately. - [Property Crimes](https://germainlegal.com/criminal-defense/property-crimes/): If you have received a criminal charge related to property crimes, you need to contact experienced criminal defense attorney Mark Germain immediately. - [Criminal Mischief](https://germainlegal.com/criminal-defense/property-crimes/criminal-mischief/): If you or a loved one is currently dealing with a criminal mischief charge in Florida, contact Mark Germain immediately. - [Misdemeanor Offenses](https://germainlegal.com/criminal-defense/misdemeanor-offenses/): Mark Germain provides legal representation to those accused of misdemeanor offenses in Brevard, Volusia, and other counties on the Space Coast. - [Marijuana Trafficking](https://germainlegal.com/criminal-defense/marijuana-defense/marijuana-trafficking/): Mark Germain understands that any drug possession accusation can be damaging to your reputation. Contact Germain Legal today. - [White Collar Crimes](https://germainlegal.com/criminal-defense/white-collar-crimes/): If you have been charged with a white collar crime, contact experienced criminal defense attorney Mark Germain immediately. - [Felony Possession of Marijuana](https://germainlegal.com/criminal-defense/marijuana-defense/felony-possession-of-marijuana/): Mark Germain represents clients accused of any manner of drug charges, including felony-level marijuana possession charges. - [Cultivation / Grow House](https://germainlegal.com/criminal-defense/marijuana-defense/cultivation-grow-house/): If you have been charged with running a marijuana grow house in Central Florida, you need to contact Mark Germain. - [Improper Exhibition of a Firearm](https://germainlegal.com/criminal-defense/gun-weapons-charges/improper-exhibition-of-a-firearm/): If you are charged with an improper exhibition of a firearm offense, you need to contact an experienced Melbourne criminal defense attorney right away. - [Possession of a Firearm by a Felon](https://germainlegal.com/criminal-defense/gun-weapons-charges/possession-of-a-firearm-by-a-felon/): Mark Germain has dedicated his law practice to protecting those charged with criminal offenses, including felonious possession of a firearm. - [Carrying of Concealed Weapons or Firearms](https://germainlegal.com/criminal-defense/gun-weapons-charges/carrying-concealed-weapon/): Mark Germain provides legal defense to those charged with gun-related crimes in Central Florida and along the Space Coast. - [CDL DUI](https://germainlegal.com/criminal-defense/dui-defense/cdl-dui/): Germain Legal are prepared to provide seasoned defense for any DUI charge, including Commercial Drivers License DUIs in Melbourne, FL. - [Breath Test DUI](https://germainlegal.com/criminal-defense/dui-defense/breath-test-dui/): Germain Legal is prepared to provide seasoned defense for any DUI charge including breath and blood testing in Melbourne and surrounding cities. - [Sexual Battery / Assault](https://germainlegal.com/criminal-defense/sex-offenses/sexual-battery-assault/): Sexual Battery is a violent type of sex crime. Contact Mark Germain immediately if you have been accused of sexual assault. - [Kidnapping](https://germainlegal.com/criminal-defense/violent-crimes/kidnapping/): If you have been charged with kidnapping, you need to contact Mark Germain of Germain Legal immediately for full representation. - [Assault & Battery](https://germainlegal.com/criminal-defense/violent-crimes/assault-battery/): If you have been charged with assault or battery, contact Space Coast lawyer Mark Germain immediately for full representation. - [Driving while License Suspended](https://germainlegal.com/criminal-defense/traffic-violations/driving-while-license-suspended/): If you have been charged with driving with a suspended license on the Space Coast, contact experienced attorney mark Germain today. - [Traffic Violations](https://germainlegal.com/criminal-defense/traffic-violations/): If you have been charged with a traffic violation, you need to contact experienced attorney Mark Germain immediately. - [Aggravated Assault](https://germainlegal.com/criminal-defense/violent-crimes/aggravated-assault/): Our dedicated Brevard County lawyers represent clients in Brevard County accused of aggravated assault and fight for case dismissal. - [Violent Crimes](https://germainlegal.com/criminal-defense/violent-crimes/): If you are charged with a violent crime, you must contact an experienced criminal defense attorney in Brevard County, Florida. - [Worthless Check](https://germainlegal.com/criminal-defense/theft-crimes/worthless-check/): We help individuals charged with worthless check to make arrangements with the State Attorney's Office to drop the charges. - [Dealing in Stolen Property](https://germainlegal.com/criminal-defense/theft-crimes/dealing-in-stolen-property/): If you have been charged with dealing in stolen property in Melbourne or Brevard County, FL, then contact Mark Germain immediately. - [False Info to Pawnbroker](https://germainlegal.com/criminal-defense/theft-crimes/false-info-to-pawnbroker/): If you have been charged with providing false information to a pawnbroker, contact Space Coast lawyer Mark Germain immediately. - [Car / Auto Theft](https://germainlegal.com/criminal-defense/theft-crimes/car-auto-theft/): Mark Germain proudly represents individuals accused of car/auto theft or carjacking throughout Brevard County and nearby areas. - [Statutory Rape](https://germainlegal.com/criminal-defense/sex-offenses/statutory-rape/): Statutory rape allegations are life-changing. Hire Mark Germain immediately to squash these rumors and start on your defense. - [Solicitation of a Minor](https://germainlegal.com/criminal-defense/sex-offenses/solicitation-of-a-minor/): Solicitation charges have expanded in recent decades to include “sexting” and similar communication. Contact Mark Germain immediately for representation. - [Solicitation of Prostitution](https://germainlegal.com/criminal-defense/sex-offenses/solicitation-of-prostitution/): If you have been charged with solicitation of prostitution in Florida, you need to contact Mark Germain immediately. - [Shoplifting / Retail Theft](https://germainlegal.com/criminal-defense/theft-crimes/shoplifting-retail-theft/): If you or a loved one has been accused of a shoplifting or retail theft charge in or around Brevard County, Florida, make sure you are well represented. - [Child Abuse / Neglect](https://germainlegal.com/criminal-defense/domestic-violence/child-abuse-neglect/): The law offices of Mark Germain provide legal representation to those charged with child abuse or neglect in Brevard County and its surrounding areas. - [No Contact Order](https://germainlegal.com/criminal-defense/domestic-violence/no-contact-order/): Mark Germain defends clients accused of Domestic Violence in Brevard and its surrounding Counties. Contest your no-contact order today. - [Restraining / Protective Order](https://germainlegal.com/criminal-defense/domestic-violence/restraining-protective-order/): If you have been hit with a restraining order, you need to contact the experienced attorneys at Germain Legal immediately. - [Stalking / Aggravated Stalking](https://germainlegal.com/criminal-defense/domestic-violence/stalking-aggravated-stalking/): At Germain Legal, we represent clients accused of domestic violence and other violent crimes including Stalking and aggravated stalking. - [Violation of an Injunction](https://germainlegal.com/criminal-defense/domestic-violence/violation-of-an-injunction/): If you have violated an injunction in Brevard County or the surrounding areas, you need to call the offices of Germain Legal immediately. - [Drug Distribution / Manufacturing](https://germainlegal.com/criminal-defense/drug-charges/drug-distribution-manufacturing/): If you've been accused of distributing or manufacturing drugs along the Space Coast or in Central Florida, contact Germain Legal immediately. - [Drug Trafficking](https://germainlegal.com/criminal-defense/drug-charges/drug-trafficking/): Mark Germain is a dedicated legal defender located on the Space Coast in Florida who serves clients in Central Florida accused of drug charges. - [Fentanyl Crimes](https://germainlegal.com/criminal-defense/drug-charges/fentanyl-crimes/): Germain Legal provides dedicated legal representation to those charged with fentanyl crimes in Central Florida. - [Methamphetamine Crimes](https://germainlegal.com/criminal-defense/drug-charges/methamphetamine-crimes/): Germain Legal provides legal defense to those charged with drug crimes on the Space Coast and throughout Central Florida. - [Possession of a Controlled Substance With the Intent to Sell](https://germainlegal.com/criminal-defense/drug-charges/possession-of-a-controlled-substance-with-the-intent-to-sell/): Germain Legal provides defense to those accused of possessing illegal substances with the intent to sell. - [Possession of a Controlled Substance](https://germainlegal.com/criminal-defense/drug-charges/possession-of-a-controlled-substance/): If you have been charged with a drug crime in Central Florida, contact experienced criminal defense attorney Mark Germain today. - [Volusia County](https://germainlegal.com/areas-we-serve/volusia-county/): Germain Legal provides criminal defense representation in Daytona Beach, Volusia County, Florida, including DUI and other criminal matters. - [Osceola County](https://germainlegal.com/areas-we-serve/osceola-county/): If you are charged with a DUI or other criminal offense in Kissimmee, Osceola County, Florida, contact Germain Legal to begin your criminal defense representation. - [Indian River County](https://germainlegal.com/areas-we-serve/indian-river-county/): Germain Legal provides criminal defense representation in Indian River County, Florida, Vero Beach, and surrounding areas. - [Brevard County](https://germainlegal.com/areas-we-serve/brevard-county/): Mark Germain is a criminal defense attorney serving Brevard County and surrounding communities along the Space Coast in Central Florida. - [Dating Violence](https://germainlegal.com/criminal-defense/domestic-violence/dating-violence/): The law offices of Mark Germain provide legal representation to those charged with charges relating to dating violence or neglect in Brevard County. - [DUI Test Refusal](https://germainlegal.com/criminal-defense/dui-defense/dui-test-refusal/): Mark Germain provides legal representation for those charged with refusing legal requests for breath tests following a DUI stop. - [DUI Manslaughter](https://germainlegal.com/criminal-defense/dui-defense/dui-manslaughter/): Germain Legal are prepared to provide seasoned defense for any DUI charge, including manslaughter charges. - [High BAC](https://germainlegal.com/criminal-defense/dui-defense/high-bac/): Meta Description: Germain Legal are prepared to provide seasoned defense for any DUI charge, including felony level DUIs for high blood alcohol content. --- ## Posts - [Florida Enacts Changes to Theft Laws](https://germainlegal.com/blog/nebraska-enacts-changes-to-theft-laws/): As of Oct. 1, the threshold for felony home theft convictions is much lower, and new restrictions have been placed on patterns of theft with House Bill - [What rights do I have while incarcerated?](https://germainlegal.com/blog/what-rights-do-i-have-while-incarcerated/): Brevard County, FL Lawyer - [What is due process and why is it important?](https://germainlegal.com/blog/what-is-due-process-and-why-is-it-important/): Due process ensures that legal matters, both civil and criminal, are resolved in a fair and equitable manner, according to established rules and - [Can I refuse a field sobriety test in Brevard County FL?](https://germainlegal.com/blog/can-i-refuse-a-field-sobriety-test-in-brevard-county-fl/): Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood - [What to know about criminal solicitation charges in Florida](https://germainlegal.com/blog/what-to-know-about-criminal-solicitation-charges-in-florida/): The state of Florida classifies solicitation as a misdemeanor for first-time offenders. While solicitation is most often associated with prostitution, the - [What to do if I have been arrested with cocaine in Florida?
](https://germainlegal.com/blog/what-to-do-if-i-have-been-arrested-with-cocaine-in-florida/): Facing a cocaine possession charge is a serious matter that requires immediate attention from an experienced criminal defense attorney. Florida law - [Perjury Charges in Florida](https://germainlegal.com/blog/perjury-charges-in-florida/): The crime of perjury is a serious offense in Florida. Under Florida Statutes Chapter 837, perjury is said to have been committed when the following apply: - [Can I be arrested for purchasing stolen property in Brevard?](https://germainlegal.com/blog/can-i-be-arrested-for-purchasing-stolen-property-in-brevard/): Short answer? Yes. Anyone who willingly and/or knowingly attempted to procure or obtained property that is rightfully owned by another individual can be - [What you should do if questioned by the police?](https://germainlegal.com/blog/what-you-should-do-if-questioned-by-the-police/): Getting questioned by law enforcement can be a stressful experience. Even if you’re innocent you could find yourself being interrogated. But what should - [Police Officer Witness Testimony in Your Case](https://germainlegal.com/blog/police-officer-witness-testimony-in-your-case/): In a court of law, police officer witness testimony is considered evidence. In criminal cases, the prosecution (state or gov) has the burden of proving - [What to Know About Underage DUI Arrests](https://germainlegal.com/blog/what-to-know-about-underage-dui-arrests/): Under Florida Statutes Section 322.2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of - [Warrantless Search and Seizure Cases in Brevard FL](https://germainlegal.com/blog/warrantless-search-and-seizure-cases-in-brevard-fl/): The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US - [Best Defenses for Drug Trafficking Charges](https://germainlegal.com/blog/best-defenses-for-drug-trafficking-charges/): Drug trafficking is a serious charge, with Florida state and federal prosecutors taking an aggressive stance against alleged criminals in an effort to - [Murder vs Manslaughter — What’s the Difference?](https://germainlegal.com/blog/murder-vs-manslaughter-whats-the-difference/): The terms ‘manslaughter’ and ‘murder’ are sometimes used interchangeably (and wrongly) by the general public. Understanding the difference between these - [What to do if you have been arrested for video voyeurism in Florida?
](https://germainlegal.com/blog/what-to-do-if-you-have-been-arrested-for-video-voyeurism-in-florida/): Florida takes allegations of video voyeurism seriously, conducting aggressive and thorough investigations. Sometimes, these overly aggressive - [Why You Shouldn’t Rely on a Public Defender for Your Defense](https://germainlegal.com/blog/why-you-shouldnt-rely-on-a-public-defender-for-your-defense/): Public defenders provide a critical service to the criminal justice system, representing those individuals who are unable to afford representation for - [Most Common Questions If You Have Been Arrested for a DUI](https://germainlegal.com/blog/most-common-questions-if-you-have-been-arrested-for-a-dui/): 1. What Do I Say if the Officer Asks me Questions? Give them your name, license, and registration. Politely state that you intend to cooperate fully, but - [What to Do if a Police Officer Asks to Search Your Vehicle?](https://germainlegal.com/blog/what-to-do-if-a-police-officer-asks-to-search-your-vehicle/): You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search - [State vs Federal Crimes — What’s the Difference?](https://germainlegal.com/blog/state-vs-federal-crimes-whats-the-difference/): State legislators in Florida and around the country pass laws that both define criminal statutes within their respective states, as well as the - [The Florida sex offender classification in Florida explained](https://germainlegal.com/blog/the-florida-sex-offender-classification-in-florida-explained/): Under Florida law, those convicted of sex crimes are classified as sex offenders. Within that designation, there are several unique classifications - [What to do if you suspect the police of tampering with or fabricating physical evidence?](https://germainlegal.com/blog/what-to-do-if-you-suspect-the-police-of-tampering-with-or-fabricating-physical-evidence/): You would never dream of tampering or fabricating evidence…but what happens when you suspect the law of committing a criminal act to further their case - [What you should know if you were arrested in Brevard FL during spring break?](https://germainlegal.com/blog/what-you-should-know-if-you-were-arrested-in-brevard-fl-during-spring-break/): Spring break is a time to let loose and enjoy some ‘fun in the sun’. Each year more than 1.5 million college students flock to Florida for its beaches, - [What are the consequences of having multiple DUIs in Florida?](https://germainlegal.com/blog/what-are-the-consequences-of-having-multiple-duis-in-florida/): Florida takes DUIs seriously, with serious penalties for those convicted. Those with multiple DUIs are also typically met with increasingly aggressive - [How best do defend against child pornography charges?](https://germainlegal.com/blog/how-best-do-defend-against-child-pornography-charges/): The state of Florida takes charges regarding child pornography seriously (as it should). However, the law doesn’t always get things right, and each year - [Does your license get suspended immediately after a DUI?](https://germainlegal.com/blog/does-your-license-get-suspended-immediately-after-a-dui/): The Florida Department of Transportation and law enforcement take driving under the influence seriously. Florida’s laws are unique from those of other - [What to do if you have been arrested for possession of drug paraphernalia?](https://germainlegal.com/blog/what-to-do-if-you-have-been-arrested-for-possession-of-drug-paraphernalia/): Under Florida state law, Section 893.145 of Florida Statues defines drug paraphernalia as: “all equipment, products, and materials of any kind which are - [What constitutes “reckless driving” in Brevard County FL?](https://germainlegal.com/blog/what-constitutes-reckless-driving-in-brevard-county-fl/): In Brevard County, FL, reckless driving is considered a serious offense. If you find yourself facing a reckless driving charge, it is advisable to seek - [Why “consent” is critical to a sexual assault defense](https://germainlegal.com/blog/why-consent-is-critical-to-a-sexual-assault-defense/): Proof of consent for sex given by the alleged victim can form the basis of justification for criminal defense of sexual assault charges. Consent is one of - [The Biggest Criminal Defense Myths](https://germainlegal.com/blog/the-biggest-criminal-defense-myths/): 1. The Government Always Wins: Although the government certainly has a high batting average, how a ‘win’ is defined also matters. In many cases where an - [What are my best defense options after being arrested for a DUI?](https://germainlegal.com/blog/what-are-my-best-defense-options-after-being-arrested-for-a-dui/): The best defense options after being arrested for a DUI in Cocoa Beach, FL or surrounding areas will be situationally dependent on the circumstances of - [Top 5 reasons not to talk to the police without a lawyer](https://germainlegal.com/blog/top-5-reasons-not-to-talk-to-the-police-without-a-lawyer/): Ever heard the phrase, ‘Anything you say can and WILL be used against you in a court of law?’ There’s a reason why that phrase is part of what’s known as - [What is the Difference Between Theft, Burglary, & Robbery?](https://germainlegal.com/blog/what-is-the-difference-between-theft-burglary-robbery/): Live in Brevard County, Florida? Have questions about the difference between theft, burglary, and robbery? Theft Florida Statute 812.014 - theft is - [Can you get your license reinstated for work purposes?](https://germainlegal.com/blog/can-you-get-your-license-reinstated-for-work-purposes/): Florida is one of several states that offers the possibility for those with a suspended license to obtain a hardship license. What is a Florida Hardship - [Most Common Types of Probation Violations](https://germainlegal.com/blog/most-common-types-of-probation-violations/): Probation is often a component of a sentence, initiated after jail time, or given to offenders as an alternative to jail time. Probation enables a - [Questions to ask before hiring a criminal defense lawyer](https://germainlegal.com/blog/questions-to-ask-before-hiring-a-criminal-defense-lawyer/): Hiring a criminal defense lawyer is one of the most important decisions you may have to make in life. Your choice can mean the difference between - [Should I take a breathalyzer test if pulled over by the police?](https://germainlegal.com/blog/should-i-take-a-breathalyzer-test-if-pulled-over-by-the-police/): Under Florida state law, if police officers suspect that you may be under the influence of a controlled substance and/or driving drunk, they have a right - [What should I do if I have been arrested for a weapons charge in Brevard County FL?](https://germainlegal.com/blog/what-should-i-do-if-i-have-been-arrested-for-a-weapons-charge-in-brevard-county-fl/): A weapons charge is a serious offense and should never be taken lightly, even if you believe you were in the right. Here are the next steps to take if - [Can I record a police officer with my cell phone?](https://germainlegal.com/blog/can-i-record-a-police-officer-with-my-cell-phone/): We’ve all seen the footage of police officers recorded by an innocent bystander or even by the alleged criminal themselves. You’ve also likely seen more - [How will decriminalization of marijuana affect Florida’s criminal justice system?](https://germainlegal.com/blog/how-will-decriminalization-of-marijuana-affect-floridas-criminal-justice-system/): The criminal justice system, for all of its good, has struggled in many areas. One of which is dealing with cannabis and marijuana. As Florida moves - [5 essential facts to know if you’ve been arrested for DUI in Florida](https://germainlegal.com/blog/5-essential-facts-to-know-if-youve-been-arrested-for-dui-in-florida/): Both the state of Florida and Brevard County takes DUIs very seriously. If you’ve been arrested for a DUI in Florida, having insight about the process and - [Self-Defense in Domestic Violence Cases](https://germainlegal.com/blog/self-defense-in-domestic-violence-cases/): The state of Florida takes domestic violence cases seriously, with convictions resulting in significant penalties including but not limited to prison/jail - [The Advantages & Disadvantages of Florida Drug Courts](https://germainlegal.com/blog/the-advantages-disadvantages-of-florida-drug-courts/): The criminal justice system can be an unforgiving system that holds offenders accountable (sometimes to an extreme). When it comes to crimes involving - [The Impact COVID-19 Has Had on Florida Court System](https://germainlegal.com/blog/the-impact-covid-19-has-had-on-florida-court-system/): COVID-19 has had a lasting and broad impact on virtually every aspect of life in Florida. From daily living, to social outings, business and even court - [Domestic Violence Charges and Child Custody](https://germainlegal.com/blog/domestic-violence-charges-and-child-custody/): Domestic violence is a big issue across Brevard County, including Cocoa, Cocoa Beach, Cape Canaveral, Melbourne, Merritt Island, Rockledge and surrounding - [What to Know if a Minor Has Been Charged with a Drug Offense](https://germainlegal.com/blog/what-to-know-if-a-minor-has-been-charged-with-a-drug-offense/): It’s no big surprise that Florida’s youth, much like that around the nation, is prone to experimenting with recreational and illicit drugs. Sometimes this - [What is White Collar Crime?](https://germainlegal.com/blog/what-is-white-collar-crime/): Believed to have been first used in 1939 by sociologist Edwin Sutherland, the term ‘white collar crime’ has since become synonymous with a broad range of - [How to Defend Child Porn Charges in Florida](https://germainlegal.com/blog/how-to-defend-child-porn-charges-in-florida/): Porn charges alleging the involvement or abuse of a child are serious and can have a lasting impact on the accused. Charges often carry significant prison - [Is a K-9 Drug Dog Sniff Search an Illegal Search?](https://germainlegal.com/blog/is-a-k-9-drug-dog-sniff-search-an-illegal-search/): With the increased use of K-9 units in searches, many Florida residents have questions regarding their rights when it comes to ‘nosy’ police dogs during - [Can You Get a DUI While Operating a Boat?](https://germainlegal.com/blog/can-you-get-a-dui-while-operating-a-boat/): We all know that driving a motor vehicle under the influence of drugs or alcohol can result in a DUI. But what about when navigating Florida’s waterways? - [How long does a felony stay on your record in Florida?](https://germainlegal.com/blog/how-long-does-a-felony-stay-on-your-record-in-florida/): Those facing a felony charge, or who have already been convicted, usually have concerns about the long-term impact this may have on their lives. From - [What is a Wrongful Arrest?](https://germainlegal.com/blog/what-is-a-wrongful-arrest/): Wrongful arrest, also commonly referred to as ‘false arrest’ or ‘false imprisonment’ is legally defined as a situation when someone (police or otherwise) --- # # Detailed Content ## Pages > If you have been charged with possessing a misdemeanor (20g) amount of marijuana, contact Mark Germain for representation today. - Published: 2024-10-18 - Modified: 2024-10-20 - URL: https://germainlegal.com/criminal-defense/marijuana-defense/misdemeanor-possession-of-marijuana/ In the State of Florida it is a crime to possess any amount of Cannabis (marijuana). Contingent on the quantity of marijuana possessed, individuals could be charged with a misdemeanor for possession of less than 20 grams. Melbourne Misdemeanor Marijuana Charge Lawyer Mark Germain is experienced in criminal defense in Melbourne, Florida. He is knowledgeable in legally representing clients for misdemeanor marijuana charges. As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension. Consider hiring a Melbourne marijuana defense attorney with Germain Legal. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Possession of Marijuana / Cannabis Less than 20 grams First Degree Misdemeanor... --- > Germain Legal is experienced at aggressively defending clients for sex crimes on the Space Coast, including molestation. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/molestation/ In Florida, the term "child molestation" means any allegation of improper touching that relates to sexual battery, lascivious conduct, or lewd offenses when the alleged victim is 16 years of age or younger. The law enforcement officers that conduct the investigation may move forward with an arrest before even determining whether any physical evidence supports the allegations. In this article, we’ll go over the broader category of sexual crimes, and how molestation is penalized in Florida. Melbourne Molestation Defense Attorney Because of the difficulties in proving such charges, Florida statutes often broaden the admissibility of "similar fact evidence" and weakens the prohibitions against hearsay. As a result, the mere allegation is often sufficient evidence even when other facts show that the allegations are false. Obtaining experienced representation early in the case is important so that person accused is protected. The criminal defense attorneys with Germain Legal in Brevard County, Florida, are experienced in aggressively representing clients who are facing serious charges of child molestation, lascvious conduct, sexual battery, or lewd offenses. Our Melbourne defense lawyers are knowledgeable in defending clients in in Brevard County, Indian River County, Volusia County and Osceola County. What is Molestation? As mentioned previously, molestation refers... --- > Germain Legal provides expert legal defense for our clients, including those charged with lewd and lascivious conduct against a child - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/lewd-and-lascivious-conduct/ Any allegation of "lewd and lascivious" conduct against a child is serious. Because the allegations are rarely witnessed first-hand by any independent witness, the prosecution of these cases often involve circumstantial evidence and the often unreliable accusations of an child. Those allegations can be false or exaggerated because of "coaching" by a parent or untrained law enforcement officer, even if the "coaching" is inadvertent. These allegations can also be made against children as young as 12 or 13 years of age if it is alleged that they touched a younger child in an inappropriate manner. Often the cases are prosecuted in juvenile court, but depending on the age of the juvenile that is accused, the State Attorney's Office could file the charges in adult court. Because of the life-changing consequences of the accusations, parents should never allow a juvenile to discuss the allegation once they realize that the juvenile is being investigated for inappropriately touching a younger child. Melbourne Attorney for Lewd or Lascivious Allegations Never talk to a law enforcement officer until after you have obtained representation from an experienced criminal defense attorney. Contact an attorney at Germain Legal discuss any serious accusation of "lewd and lascivious" battery in... --- > Child Pornography is a serious sex crime in Florida. If you have been accused of owning or distributing child pornography, contact Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/child-pornography/ More and more of recent child pornography involve allegations of "sexting" or texting inappropriate images of teenagers. Some of these allegations involve juveniles taking pictures of a body part or sending pictures of another juvenile. Parents are often shocked to find out that their child can be charged with "child pornography" for viewing pictures intended to remain private of a boyfriend or girlfriend. Likewise, sometimes innocent pictures of a child that were taken without any inappropriate or lewd intent can be misinterpreted by overly zealous federal agents or local detectives. Melbourne Possession of Child Pornography Charge Lawyer At Germain Legal, our criminal defense attorneys fight false, exaggerated and unfounded accusations of possession of child pornography or distributing child porn under both federal law and Florida law. The penalties for these cases are extreme, including a possible lifetime requirement that you register as a sexual offender. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling... --- > Robbery is a very serious charge. If you have been charged with robbery, contact Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/property-crimes/robbery/ Robbery is one of the most serious crimes in Florida, given its often violent nature. Understanding the details of Florida's robbery laws is crucial for anyone facing such charges. Melbourne Attorney for Robbery Charges Robbers, and those believed to be robbers, are treated harshly under Florida law. If you have received a charge related to illegal entering, theft, or full robbery, then you must contact an experienced criminal defense attorney immediately. Mark Germain provides strong legal defense for those located along the Space Coast and in Central Florida. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What is Robbery? According to Florida Statutes Section 812. 13, to convict a person of robbery, the prosecutor must prove the following: Taking of Money or Property: The prosecutor must prove that the defendant took money or property from the victim or from the... --- > If you have received a criminal charge related to property crimes, you need to contact experienced criminal defense attorney Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-20 - URL: https://germainlegal.com/criminal-defense/property-crimes/ Facing charges for property crimes in Florida can be overwhelming, and the stakes are high. A conviction could mean hefty fines, a permanent criminal record, and even time behind bars. That's why it's so important to understand the different types of crimes, what the potential consequences are, and what options you might have to avoid jail time. Defense Attorney for Property Crimes in Melbourne, Floridea If you have received a criminal charge related to a property crimes, you need to contact an experienced criminal defense attorney immediately. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What is a Property Crime? In Florida, property crime involves illegal activities that result in the theft, damage, or destruction of someone else's belongings. It includes actions where someone unlawfully takes, destroys, or interferes with another person’s property without permission. These crimes often involve physical... --- > If you or a loved one is currently dealing with a criminal mischief charge in Florida, contact Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/property-crimes/criminal-mischief/ Crimes that involved property damage in Florida are taken very seriously and come with severe penalties for those convicted of such an offense. Depending on the damage, you can be charged with either a misdemeanor or a felony. Both of these charges can have debilitating implications on your social, professional and financial well-being and need to be met with an aggressive defense strategy developed by a qualified criminal defense attorney. Melbourne Criminal Mischief Attorney If you have been charged with criminal mischief then contact Mark Germain at Germain Legal in Brevard County, FL. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Criminal Mischief under Florida Law Criminal mischief essentially alleges the destruction of property belonging to another usually through vandalism. The specific statute (§806. 13) says that a person commits criminal mischief if he or she willfully and maliciously injures... --- > Mark Germain provides legal representation to those accused of misdemeanor offenses in Brevard, Volusia, and other counties on the Space Coast. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/misdemeanor-offenses/ Misdemeanors are criminal offenses in Florida's legal system. Unlike felonies, which can result in long prison terms, misdemeanors typically lead to shorter sentences or fines. Even though they are considered less severe, they can still have a lasting impact on a person's life. What Are Misdemeanors? First-Degree Misdemeanors The maximum penalty for a first-degree misdemeanor is up to one year in jail and a fine of up to $1,000. Besides jail time and fines, a first-degree misdemeanor can also result in probation, community service, or other court-ordered penalties. Second-Degree Misdemeanors The maximum penalty for a second-degree misdemeanor is up to 60 days in jail and a fine of up to $500. In some instances, a second-degree misdemeanor can be elevated to a first-degree misdemeanor or even a felony if certain aggravating factors are present. Common Misdemeanors in Florida Driving-Related Offenses Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs. Reckless Driving: Driving with a willful disregard for the safety of people or property. Driving Without a Valid License: Operating a vehicle without possessing a valid driver's Driving with a Suspended License: Driving while knowing that one’s license has been suspended or revoked. Public Order and... --- > Mark Germain understands that any drug possession accusation can be damaging to your reputation. Contact Germain Legal today. - Published: 2024-10-18 - Modified: 2024-10-20 - URL: https://germainlegal.com/criminal-defense/marijuana-defense/marijuana-trafficking/ Possession of marijuana in large amounts is often enough for law enforcement to implicate you in marijuana trafficking schemes. If you have been charged with Melbourne Marijuana Trafficking Defense Lawyer As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension. Germain Legal is an experienced criminal defense law firm in Melbourne, Florida. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Trafficking in Cannabis | 1st Degree Felony Charge A possession of cannabis conviction for possession amounts greater than 20 grams is a felony conviction. This form of conviction will consequently have to be unveiled on any job application and will be confirmed in... --- > If you have been charged with a white collar crime, contact experienced criminal defense attorney Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/white-collar-crimes/ Facing accusations of white-collar crimes can be an overwhelming and frightening experience. In Florida, these charges are taken seriously and are pursued aggressively by prosecutors. White-collar crimes cover a wide range of activities from fraud and embezzlement to money laundering and insider trading. Defense Attorney for White Collar Crime in Melbourne, FL White Collar Crimes typically include charges like embezzlement, fraud, and money laundering. These charges can often result in serious financial penalties and jail time if law enforcement decides to prosecute you. If you have been charged with a white collar crime, you need to contact experienced criminal defense attorney Mark Germain immediately. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. What is a White Collar Crime? Specific Offenses Maximum Jail Time and Fines for State White Collar Crimes Federal White Collar Crimes What Are Potential Defenses to Alleged White Collar Crimes? Criminal Procedure in Florida for White Collar Crimes Other... --- > Mark Germain represents clients accused of any manner of drug charges, including felony-level marijuana possession charges. - Published: 2024-10-18 - Modified: 2024-10-20 - URL: https://germainlegal.com/criminal-defense/marijuana-defense/felony-possession-of-marijuana/ A possession of marijuana conviction for possession amounting to greater than 20 grams is a felony conviction. This form of conviction will consequently have to be unveiled on any job application and will be confirmed in basic background checks. Melbourne Felony Marijuana Defense Lawyer As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension. Mark Germain is a dedicated criminal defense attorney located in Florida’s Space Coast. He represents clients accused of any manner of drug charges. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Possession of Marijuana / Cannabis more than 20 grams Third Degree Felony Punishable by a $5,000 fine Up... --- > If you have been charged with running a marijuana grow house in Central Florida, you need to contact Mark Germain. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/marijuana-defense/cultivation-grow-house/ Grow houses refer to facilities (and sometimes homes or apartments) that are used to cultivate marijuana. Grow houses are illegal in Florida and are typically paired with distribution charges. Melbourne Lawyer for Grow House Charges If you have been charged with cultivating marijuana or operating a grow house, you need to contact the experienced lawyers at Germain Legal. Germain Legal is an experienced criminal defense law firm in Melbourne, Florida. Mark Germain is effective in legally representing clients for Cultivation of Cannabis charges. As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Cultivation of... --- > If you are charged with an improper exhibition of a firearm offense, you need to contact an experienced Melbourne criminal defense attorney right away. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/gun-weapons-charges/improper-exhibition-of-a-firearm/ In other jurisdictions, improper exhibition of a firearm is often called brandishing a weapon. Brandish means to wave or display an object usually in a threatening manner. It is an offense under Florida law to display a dangerous weapon in an angry or careless manner. Melbourne Improper Exhibition of a Firearm Charge Lawyer If you are charged with an improper exhibition of a firearm offense, you need to contact an experienced Melbourne criminal defense attorney right away. It is possible to get an improper exhibition of a firearm charge reduced or dismissed if you take prompt action. At Germain Legal, we handle a variety of weapons charges. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Florida’s Improper Exhibition of a Firearm Statute The purpose of this statute is to encourage safe handling of firearms. The state does not want people... --- > Mark Germain has dedicated his law practice to protecting those charged with criminal offenses, including felonious possession of a firearm. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/gun-weapons-charges/possession-of-a-firearm-by-a-felon/ Most individuals convicted of felonies lose certain rights and privileges such as the right to possess a firearm. It is a felony under Florida law to be caught with a firearm if you have been previously convicted of a felony offense. In order to avoid the criminal penalties associated with being a convicted felon possessing a firearm, you need to contact a Melbourne criminal defense lawyer immediately. Melbourne Lawyer Possession of Firearm by a Felon Charges Mark Germain has dedicated his law practice to protecting those charged with criminal offenses. Even if you are a convicted felon, you still have rights. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Florida’s Possession of a Firearm by a Convicted Felon Statute Under Florida Criminal Code §790. 23, it is against the law for any individual to do own or posses a firearm,... --- > Mark Germain provides legal defense to those charged with gun-related crimes in Central Florida and along the Space Coast. - Published: 2024-10-18 - Modified: 2024-10-20 - URL: https://germainlegal.com/criminal-defense/gun-weapons-charges/carrying-concealed-weapon/ Carrying a concealed weapon or firearm in Florida is a matter of personal protection and safety, but it also comes with serious legal responsibilities. Florida law outlines who can legally carry a concealed weapon or firearm, and what the penalties are for those who do not meet the required criteria. Melbourne Attorney for Concealed Weapons If you have been charged with carrying a concealed weapon in Florida without the legal ability to do so, you must contact a lawyer immediately. Failing to fully contesting a concealed weapons charge is imperative to ensure your freedom. Mark Germain provides legal defense to those charged with gun-related crimes in Central Florida and along the Space Coast. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Is Carrying of Concealed Weapons or Firearms? Carrying a Weapon or Firearm: According to Florida Statutes Section 790.... --- > Germain Legal are prepared to provide seasoned defense for any DUI charge, including Commercial Drivers License DUIs in Melbourne, FL. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/dui-defense/cdl-dui/ Driving under the influence is a serious crime for anyone, but for those holding a Commercial Driver License (CDL), the stakes are even higher. The rules surrounding CDL holders are strict, and the penalties for violations can be severe, impacting both their personal lives and professional careers. Melbourne DUI Defense Attorneys You’ve worked hard to obtain and keep your CDL. However, one bad decision or misunderstanding could force you to change careers or face unemployment. The DUI defense attorneys at Germain Legal are ready to provide you with the representation you deserve. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Is a CDL DUI? In Florida, the legal blood alcohol concentration (BAC) limit for drivers of commercial vehicles is lower than the standard BAC limit. For CDL holders, the limit is 0. 04 while driving a commercial vehicle, as... --- > Germain Legal is prepared to provide seasoned defense for any DUI charge including breath and blood testing in Melbourne and surrounding cities. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/dui-defense/breath-test-dui/ Facing a Breath Test DUI charge can be overwhelming and intimidating. From the moment you see the flashing red and blue lights to being asked to step out of the vehicle, you may not be thinking straight. Complicating matters is the fact that the laws behind breath testing can be hard to remember, especially during a traffic stop. Melbourne Breath Test DUI Attorney Breath testing is not an infallible method, but it is one that is used frequently by law enforcement to prove DUI status during trial. If you have taken a breath test and failed, whether at a point of 0. 08, or higher, you need to contact a defense attorney immediately. Contact The Law Offices of Mark Germain by calling (321) 775-3559 or submit an online form today to start building your DUI defense. Mark Germain serves Brevard County, Indian River County, Volusia County, and Osceola County. What Is a Breath Test DUI? According to Florida Statutes Section 316. 193(1)(c), to convict a person of a Breath Test DUI, the prosecutor must prove the following: The person was driving or in actual physical control of a vehicle. The person’s breath-alcohol level was 0. 08 or more grams of... --- > Sexual Battery is a violent type of sex crime. Contact Mark Germain immediately if you have been accused of sexual assault. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/sexual-battery-assault/ One of the most serious offenses under Florida law involves an allegation of sexual battery which is often called sexual assault, rape, or statutory rape in other jurisdictions. If someone makes an allegation that they were the victim of unwanted sexual contact then the police can make an arrested based solely on that allegation even if no physical evidence supports the accusation. For a variety of reasons, false accusations are all to common and law enforcement officers with the Brevard County Sheriff's Office Special Victims Unit have broad discretion in determining whether to make an arrest. Brevard County Defense Attorneys Germain Legal is dedicated to defending clients falsely accused of sexually motivated crimes in Brevard County, and the surrounding areas in central Florida, for crimes including: Sexual Battery / Assault Molestation Prostitution / Solicitation Child Pornography Lewd and Lascivious Rape Statutory Rape Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or... --- > If you have been charged with kidnapping, you need to contact Mark Germain of Germain Legal immediately for full representation. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/violent-crimes/kidnapping/ In many situations that involve children and alleged criminal acts, there is a rush to judgment from many perspectives, making the accusations more difficult to refute. This is definitely the case with instances of alleged kidnapping. Overzealous prosecutors and outside interest groups have tended to pounce on these situations even before proper evidence is shown. With the uphill battle that comes with defending a kidnapping charge, no matter what the particular circumstances are, it is vital that you immediately look for legal solutions to this very serious problem by working with a qualified criminal defense attorney. Melbourne Kidnapping Attorney Considering all the possible negative consequences of a kidnapping conviction, as well as the tendency for these cases to include fabricated or exaggerated stories that are difficult to defend, having the right legal representation can make all the difference in the eventual outcome. Germain Legal is a full-service criminal defense firm that focuses on providing excellent legal counsel to those accused of various criminal acts throughout Central Florida. Mark Germain is committed to making certain that their client's rights are protected and that they are given a fair opportunity to defend their name and freedom. This dedication to due process has... --- > If you have been charged with assault or battery, contact Space Coast lawyer Mark Germain immediately for full representation. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/violent-crimes/assault-battery/ Assault and battery convictions are criminal offenses that could harm your reputation. A guilty plea could seriously affect your criminal record and will be visible to any employer who checks your public background. Melbourne Assault & Battery Defense Attorneys Aside from the criminal charges that may stem from an Assault & Battery charge, know that these accusations can result in serious damage to your reputation. If you have been charged with assault & battery, contact experienced attorney Mark Germain of Germain Legal. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Assault Charges in Florida Assault and battery charges are serious crimes that are punishable by serious consequences, particularly in Florida. It is vital that anyone charged with assault or battery seek legal representation as soon as possible. An assault crime is termed as an intended, illicit threat by expression or action to cause violent harm to an individual, connected with an evident... --- > If you have been charged with driving with a suspended license on the Space Coast, contact experienced attorney mark Germain today. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/traffic-violations/driving-while-license-suspended/ Driving while License Suspended or Revoked (DWLSR) is one of the most frequent criminal charges prosecuted in the Florida state courts. Section 322. 34, Florida Statutes allows for an individual to be charged either criminally or by means of civil traffic citation for driving while License Suspended, Revoked, Canceled, or Disqualified. Whether one is charged criminally or by means of a civil traffic citation depends on whether that individual had knowledge of the suspension or in alternative, was driving their motor vehicle without knowledge. Melbourne Driving While License Suspended Lawyer If you are driving with a suspended license, know that you are tempting fate. If you are charged with driving with a suspended license, you may not be able to obtain a new license for a long time, and will be open to jail time and fines. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Driving While License Suspended in Florida If... --- > If you have been charged with a traffic violation, you need to contact experienced attorney Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-21 - URL: https://germainlegal.com/criminal-defense/traffic-violations/ Traffic violations in Florida can range from inexpensive tickets to criminal misdemeanors and major felonies with penalties that may include hefty fines, license suspension, or even jail time. Melbourne Lawyer for Traffic Violations While it can be tempting to simply accept the penalties for traffic crimes when they are relatively small, the truth is that failing to fight these charges can result in serious difficulties down the road, including increased financial strain and even license revocation. If you have been charged with a traffic violation, you need to contact an experienced criminal defense attorney and DUI defense attorney in Melbourne. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Specific Traffic Violations What Are Potential Consequences? How Can a Person Fight a Traffic Ticket or Criminal Charge? Process for Serious Traffic Violations in Florida Points and License Suspension Can a Traffic Ticket Attorney Defend Me? Additional Resources Hire a Lawyer for Traffic Violations... --- > Our dedicated Brevard County lawyers represent clients in Brevard County accused of aggravated assault and fight for case dismissal. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/violent-crimes/aggravated-assault/ Under Florida Law, aggravated assault and aggravated battery are serious criminal offenses. You need to get immediate legal representation to defend yourself against aggravated assault charges. If convicted of aggravated assault, you may have to take anger management classes, face prison time and open yourself to personal injury lawsuits and other civil claims. Melbourne Aggravated Assault Lawyer Mark Germain represents clients accused of violent crimes in Brevard and surrounding counties. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Aggravated Assault Under Florida Law The difference between regular assault and aggravated assault is the use of a deadly weapon. Under Florida Statutes Section 784. 021, a person is guilty of aggravated assault if the prosecution can show the instigator: Put another person in fear That fear was of either immediate bodily harm The fear was caused due to the use (or threatened use) of a deadly weapon. The penalty for an aggravated assault... --- > If you are charged with a violent crime, you must contact an experienced criminal defense attorney in Brevard County, Florida. - Published: 2024-10-18 - Modified: 2024-10-21 - URL: https://germainlegal.com/criminal-defense/violent-crimes/ Facing accusations of a violent crime in Florida can be overwhelming and frightening as these offenses are treated by Florida prosecutors with the utmost seriousness. A conviction could turn your life upside down affecting your future, your family, and your freedom. Melbourne Lawyer for Violent Crimes Violent crime charges are often met with incredible suspicion and even harsher penalties. Even if you are proven innocent, you may still be treated differently and worse after you receive an innocent ruling. If you are charged with a violent crime, you must contact an experienced criminal defense attorney in Brevard County, Florida. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Specific Offenses Maximum Jail Time and Fines for Violent Crimes What Are Potential Defenses? Criminal Process for Violent Crimes Collateral Consequences of a Conviction What Are Possible Alternatives to Incarceration? Can a Criminal Defense Attorney Defend Me? Additional Resources Lawyer for Violent Crimes in Brevard... --- > We help individuals charged with worthless check to make arrangements with the State Attorney's Office to drop the charges. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/theft-crimes/worthless-check/ Florida law provides for criminal charges against anyone that presents a worthless check or other types of orders to pay money and "commercial papers" under Florida Statute §832. 05(2). In most cases, the person with the worthless check must meet certain statutory requirements by providing notice to the person who presented the check and providing the person with an opportunity to pay the check plus any applicable fees. If the person refuses to pay restitution, then the State Attorney's Office can pursue criminal charges with are much more expensive and can result in a criminal record. Melbourne Worthless Check Attorney If you are under investigation for issuing worthless checks in Florida, immediate action is necessary in order to have the best chance of beating these allegations and moving on with your life. Many clients hire us after they have moved out of the area and find out about an outstanding warrant for their arrest. The goal in many of these cases is to resolve the case so that the client can seal or expunge the criminal record. Any worthless check charge is considered a crime of dishonesty that can show up in even the most basic background check. We help... --- > If you have been charged with dealing in stolen property in Melbourne or Brevard County, FL, then contact Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/theft-crimes/dealing-in-stolen-property/ Considering the various implications involved in dealing with stolen property in Florida, there are severe penalties that come with being convicted of such an offense. Because the property is already stolen, you may be held liable for multiple charges. Melbourne Dealing in Stolen Property Attorney The attorneys at the Law Offices of Germain and Coulter represent men and women charged with the very serious criminal offense of dealing in stolen property often called "fencing. " Dedicated to providing excellent client service while ensuring that your rights are completely protected throughout the entire process, the legal team at Germain & Coulter can be counted on to do everything in their power to find a favorable solution to this major legal problem. Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana. Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form. Dealing in Stolen Property under Florida Law This serious "crime of dishonesty" is considered a second degree felony which is punishable by up to... --- > If you have been charged with providing false information to a pawnbroker, contact Space Coast lawyer Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/theft-crimes/false-info-to-pawnbroker/ Pawn shops across the country have become much more popular in the past few years. Once being one of the main forms of business in our nation's early days, pawn shops have had a renaissance of sorts and are again a major source of business and trade. With this rediscovered popularity, they have also become one of the most regulated businesses because of the potential for stolen goods to be sold at these establishments. Due in part to this increased interest, law enforcement has focused more intently on pawn shops. Considering the severe penalties for anyone charged with presenting false verification of ownership or false identification to a pawnbroker, it is important that if you have been accused of this offense, to immediately contact a criminal defense attorney who can effectively represent you in court. Melbourne False Information to Pawnbroker Attorney If you have been charged with the very serious criminal offense of presenting false information to a pawnbroker then contact an experienced criminal defense attorney at Germain Legal. Mark Germain is experienced in representing men and women charged with a variety of crimes involving allegations of theft or dishonesty, and can be counted on to provide excellent client service... --- > Mark Germain proudly represents individuals accused of car/auto theft or carjacking throughout Brevard County and nearby areas. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/theft-crimes/car-auto-theft/ One of the most commonly charged felony theft offenses prosecuted under Florida law is Grand Theft. The charge of grand theft is serious because it is both a felony charge and a crime of dishonesty which will show up in even the most basic background check. The goal in many of these cases is to get the charged dropped or to avoid a conviction so the crime can be sealed or expunged. In many cases, law enforcement may also seek to charge related crimes like conspiracy and defrauding. The penalties and punishments for grand theft depend on the value of the property taken. Melbourne Grand Theft Attorney If you have been arrested for any grand theft charge then contact the criminal defense attorneys at Germain Legal. We can discuss the facts and circumstances of your case to help you determine the best course of action for any case in Melbourne or Brevard County, FL. As experienced and knowledgeable attorneys, Mark Germain will make certain you are well taken care of while being represented in the most professional and productive manner possible. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge,... --- > Statutory rape allegations are life-changing. Hire Mark Germain immediately to squash these rumors and start on your defense. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/statutory-rape/ A statutory rape offense depends solely on the ages of the parties involved. Florida sex crimes laws provide that minors are legally unable to consent; therefore it is important to remember that even if the minor gives actual consent to the sexual activities, the State of Florida law maintains that when the victim is under the age of consent, the law considers the victim as not old enough to give consent to sex. The legal effect is the equivalent as if no consent had been given. Throughout the U. S. the age of consent ranges from 14 years old to 18 years old, with 16 years old being the most common age. Most jurisdictions do not utilize the term statutory rape. Other classifications for this form of offense are: Rape Unlawful sexual penetration Felonious Sexual Assault Unlawful Sexual Contact Sexual Assault on a Minor Statutory rape does not include situations where: You are a doctor completing a legal and consensual procedure (such as a gynocology exam) The involved parties are married Melbourne Statutory Rape Defense Attorneys In general, statutory rape charges are often backed by "he said, she said" statements, which refers to the principle evidence as the word of... --- > Solicitation charges have expanded in recent decades to include “sexting” and similar communication. Contact Mark Germain immediately for representation. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/solicitation-of-a-minor/ The solicitation of minors has grown in recent years, especially with the availability of new methods of communication, including texting and online messaging. Televisions shows like "To Catch a Predator" and highly publicized police sting operations have also both increased the media interest and altered the public's impression of these crimes. Unfortunately, this can potentially mean negative perceptions of individuals who have been charged with solicitation of a minor, even before a trial occurs. Melbourne Solicitation of a Minor Defense Attorney Regardless of the circumstances of the solicitation, solicitation is a serious crime under Florida law. This criminal offense can also potentially destroy careers, relationships, and future employment prospects. A criminal defense attorney in Melbourne, FL who is experienced in cases of solicitation of a minor can be a great asset as you fight for your name and future. The attorneys at Germain Legal have focused their careers on defending men, women, and minors who have been charged with criminal offenses. They understand the serious direct and indirect consequences that a charge for solicitation of a minor can have, including registration as a sex offender and red flags on background checks. Our office is located in Melbourne, Florida and we... --- > If you have been charged with solicitation of prostitution in Florida, you need to contact Mark Germain immediately. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/sex-offenses/solicitation-of-prostitution/ Prostitution is a complex and often misunderstood issue that affects many communities across Florida. Understanding prostitution laws is crucial for those who may find themselves on the receiving end of criminal charges. Melbourne Attorney for Prostitution If you have been charged with solicitation of prostitution in the state of Florida, you must contact an experienced criminal defense attorney immediately. While first charges for prostitution may be small, they can quickly add up, especially if you are being targeted by law enforcement. Contact Germain Legal for representation on the space coast today. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Is Prostitution? According to Florida Statutes Section 796. 07, for a person to be convicted of prostitution, the prosecutor must prove the following: Engagement in Sexual Activity for Payment: The prosecutor must show that the individual either offered, agreed to,... --- > If you or a loved one has been accused of a shoplifting or retail theft charge in or around Brevard County, Florida, make sure you are well represented. - Published: 2024-10-18 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/theft-crimes/shoplifting-retail-theft/ A shoplifting or retail theft charge in Florida can come with long-term consequences. Considering that this is a crime of trust, if convicted, this will be included in your permanent record and has the potential to have a major negative effect on your social, professional and financial well-being. With this being the case, it is important that, if you have been charged with shoplifting, to immediately begin working with a qualified criminal defense attorney who has the knowledge and experience necessary to successfully guide you through this difficult and stressful experience. Melbourne Shoplifting Defense Lawyer The state of Florida provides for harsh penalties and punishments for the crime of shoplifting or retail theft. The most common defense to this charge is that the person accused of shoplifting left the store by accident after becoming distracted without realizing that he or she did not pay for a certain item. Shoplifting is a charge that can be made against men and women of all social and economic backgrounds. Many people accused have no prior criminal record. We have represented teachers, nurses and other professionals charged with this serious crime of dishonesty. Germain Legal represents clients issued arrest warrants in Brevard County, Indian... --- > The law offices of Mark Germain provide legal representation to those charged with child abuse or neglect in Brevard County and its surrounding areas. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/child-abuse-neglect/ Allegations of child abuse and neglect in Melbourne, Florida are taken very seriously no matter if they are true, false, or exaggerated. A criminal conviction for child abuse can result in a prison sentence, the loss of custody, and all contact with your children. It is important to hire a Melbourne criminal defense lawyer to help you fight child abuse charges. During child custody battles, it is possible for the other party to file false allegations of abuse to gain leverage in the family courts. These allegations must be investigated by law enforcement, which sometimes results in people being charged or convicted even though the allegations are false. Melbourne Lawyer for Child Abuse Charges The Law Offices of Mark Germain represents clients in domestic situations accused of child abuse and neglect. If you have pending child abuse charges in Melbourne, Florida or the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County, contact Germain Legal today. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start... --- > Mark Germain defends clients accused of Domestic Violence in Brevard and its surrounding Counties. Contest your no-contact order today. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/no-contact-order/ Domestic violence injunctions, commonly known as No Contact Orders, are legal protections issued by courts in Florida to prevent further harm in situations where domestic violence has occurred or is feared. These orders can have serious consequences for the person they are issued against, making it important to understand what they are and how they work. Melbourne Lawyer for Contesting No Contact Orders If you have been charged or accused of domestic violence in Central Florida, then know that you are facing serious charges, up to and including jail time, heavy fines, and potential loss of child custody. These charges often come with protective orders. While well-meaning, these orders can sometimes be unnecessary or intended to damage your reputation or position in a child custody case. Fighting these charges immediately and aggressively is imperative. Contact Space Coast Lawyer Mark Germain by calling (321) 775-3559 or submit an online form today to start building your defense. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Dayton Beach in Volusia County; and Kissimmee... --- > If you have been hit with a restraining order, you need to contact the experienced attorneys at Germain Legal immediately. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/restraining-protective-order/ The purpose of a restraining order or protective order is to protect the petitioner from domestic violence. Melbourne Lawyer for Protective Orders There are serious penalties if you violate a restraining order. If there has been an order of protection filed against you in Brevard County or the surrounding areas, you need to contact an attorney at the office of Germain Legal immediately. Mark Germain will be able to explain your rights and communicate with the court and the protected party on your behalf. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Protective Order Information Center Types of Florida Restraining Orders Purposes of Florida Restraining Orders Penalties for violating Florida Restraining Orders Types of Florida Restraining Orders Florida has four different protection orders associated with family violence: Domestic violence – the petitioner and respondent must have either lived together at... --- > At Germain Legal, we represent clients accused of domestic violence and other violent crimes including Stalking and aggravated stalking. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/stalking-aggravated-stalking/ Stalking is a very serious offense in Melbourne, Florida. You can be charged with stalking or aggravated stalking even if you do not intend to threaten someone with harm. Melbourne Stalking Defense Lawyer As long as the contact is unwanted by the recipient, you can be found guilty of stalking. You must contact a Melbourne criminal defense lawyer if you have been charged with stalking or aggravated stalking in Melbourne or elsewhere in Central Florida. At Germain Legal, we represent clients accused of domestic violence and other violent crimes. Even though stalking is technically not a violent crime, it can potentially escalate to a violent crime in the eyes of the law. You must get stalking charges taken care of right away. They could stay on your criminal record and cause you trouble in the future. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and... --- > If you have violated an injunction in Brevard County or the surrounding areas, you need to call the offices of Germain Legal immediately. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/violation-of-an-injunction/ Injunctions are usually filed in connection with domestic violence cases. It is a serious criminal offense to violate injunctions. If you have a restraining order or other type of protective order filed against you, it is important not to violate the order. Even if the protected party is the one that initiates contact, you will still violate the order if you respond. Typically, injunctions are set up in civil court and family court. However, the violation of the injunction is a criminal matter with significant criminal penalties. Melbourne Attorney for Violation of Injunction If you have violated an injunction in Brevard County or the surrounding areas, you need to call the offices of Germain Legal. Our attorneys have defended many clients who have violated injunctions. It is necessary to get prompt legal assistance if you have violated an injunction or have been accused of doing so. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by... --- > If you've been accused of distributing or manufacturing drugs along the Space Coast or in Central Florida, contact Germain Legal immediately. - Published: 2024-10-17 - Modified: 2024-11-08 - URL: https://germainlegal.com/criminal-defense/drug-charges/drug-distribution-manufacturing/ Drug distribution / manufacturing charges in Florida carry severe consequences impacting the lives of those accused in significant ways. These charges can result in long-term penalties ranging from extensive fines to lengthy prison sentences. Melbourne Attorney for Drug Distribution and Manufacturing Charges While most states have taken a more lax stance on drug possession and usage in small quantities, they have instead shifted their attention towards key players in the industry—namely those making and distributing drugs to smaller dealers or customers. In this shift, many people who would normally fly under the radar have been caught, and others have seen much harsher sentences than are necessarily warranted. If you have been charged with drug distribution and/or manufacturing charges, know that you need to contact an experienced criminal defense attorney immediately. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What is... --- > Mark Germain is a dedicated legal defender located on the Space Coast in Florida who serves clients in Central Florida accused of drug charges. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/drug-charges/drug-trafficking/ Drug trafficking is one of the most serious offenses under Florida law with severe consequences for those found guilty. It's a charge that can turn your life upside down leading to long prison sentences, hefty fines, and a lasting criminal record. Melbourne Lawyer for Drug Trafficking Charges If you have been charged with drug trafficking in Central Florida, you need to contact an experienced criminal defense attorney immediately. Drug trafficking is often prosecuted as a felony crime and can carry years in prison as well as being branded a felon for life. Mark Germain is a dedicated legal defender located on the Space Coast in Florida. His office, Germain Legal, serves clients in Central Florida accused of drug charges. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What is Drug Trafficking? What the Prosecutor Must Prove What Are the Penalties... --- > Germain Legal provides dedicated legal representation to those charged with fentanyl crimes in Central Florida. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/drug-charges/fentanyl-crimes/ Fentanyl, a powerful opioid with legitimate medical uses, has become a significant concern because of its role in the growing drug crisis. In Florida, fentanyl-related offenses carry severe penalties reflecting the state's strong stance against this dangerous drug. Melbourne Lawyer for Fentanyl Crimes If you have been charged with a fentanyl-related crime, including homicide or manslaughter as the result of selling marijuana unknowingly laced with fentanyl, you need to contact an experienced defense attorney immediately. Germain Legal provides criminal defense against accusations of fentanyl-related crimes for those along the Space Coast and in Central Florida. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Are Fentanyl Crimes? Elements a Prosecutor Must Prove What Are the Penalties for Fentanyl in Florida? What Are Potential Alternatives to Incarceration for Fentanyl Charges in Florida? What Are Potential Defenses to Fentanyl Charges? What Can a Fentanyl Charges Attorney Do For Me? Frequently Asked Questions Additional Resources Hire a Lawyer for Fentanyl Crimes in Brevard County Florida Back to top What Are Fentanyl Crimes? Fentanyl is a powerful synthetic opioid used primarily for treating severe pain, such as that experienced by cancer patients. It is... --- > Germain Legal provides legal defense to those charged with drug crimes on the Space Coast and throughout Central Florida. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/drug-charges/methamphetamine-crimes/ Methamphetamine-related crimes carry serious consequences under Florida law given the substance's classification as a highly addictive and dangerous drug. Melbourne Attorney for Methamphetamine Crimes If you have been charged with any charge related to the possession including illegal possession or distribution, you need to contact an experienced drug charge lawyer. These charges can result in years in prison and permanent branding as a felon if not contested. Germain Legal provides legal defense to those charged with drug crimes on the Space Coast and throughout Central Florida. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Is Methamphetamine? What Are Methamphetamine Crimes? What Are the Penalties for Methamphetamine? What Are Potential Alternatives to Incarceration? What Are Potential Defenses to Methamphetamine Charges? What Can a Methamphetamine Possession Attorney Do For Me? Frequently Asked Questions Additional Resources Hire an Attorney for Methamphetamine Crimes... --- > Germain Legal provides defense to those accused of possessing illegal substances with the intent to sell. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/drug-charges/possession-of-a-controlled-substance-with-the-intent-to-sell/ Facing charges for possession of a controlled substance with intent to sell can be overwhelming and life-changing. Florida law takes these offenses seriously, imposing severe penalties that can include lengthy prison sentences. Melbourne Lawyer for Possession of a Controlled Substance with Intent to Sell Conspiring to sell drugs is a charge typically used by law enforcement against individuals believed to be known distributors who are currently holding drugs. This charge is an amplified version of the typical possession charge and can result in serious jail time or fines unless contested properly. Germain Legal provides defense to those accused of possessing illegal substances with the intent to sell. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What Is Possession of a Controlled Substance with Intent to Sell? What Are the Penalties? What Are the Penalties for Repeat Offenders? What Are Potential... --- > If you have been charged with a drug crime in Central Florida, contact experienced criminal defense attorney Mark Germain today. - Published: 2024-10-17 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/drug-charges/possession-of-a-controlled-substance/ Possession of a controlled substance is a serious offense in Florida carrying the potential for significant legal consequences including fines and jail time. When faced with these charges, it's crucial to understand the laws, penalties, and options for defense. Melbourne Attorney for Possession of a Controlled Substance The penalties for possessing illegal substances vary based on the drug’s schedule. Whether or not that drug will be prosecuted depends on the amount, the location, and how controlled the substance is (the drug’s schedule). If you are facing charges of possessing illegal substances, you may be facing anywhere from a small fine to years in prison. If this is the case, you need to contact an experienced defense attorney immediately. Germain Legal provides legal defense for those charged with Possession of a Controlled Substance in Central Florida. Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start... --- > Germain Legal provides criminal defense representation in Daytona Beach, Volusia County, Florida, including DUI and other criminal matters. - Published: 2024-10-17 - Modified: 2024-10-19 - URL: https://germainlegal.com/areas-we-serve/volusia-county/ In Volusia County, Florida, residents may find themselves facing a variety of criminal charges, from traffic violations to more severe offenses that could lead to significant penalties, including heavy fines and imprisonment. Even what might seem like a minor offense can result in serious consequences, including a criminal record that could affect your future. With so much at stake, having an experienced and aggressive criminal defense attorney on your side is important. Volusia County Criminal Defense Attorney At Germain Legal, we aggressively defend the rights of clients accused of crimes in Volusia County. Our attorneys have extensive experience representing clients in cities and communities across the county, including Daytona Beach, Deltona, Ormond Beach, DeLand, and beyond. Whether you are facing charges for DUI, drug offenses, theft, violent crimes, or other criminal matters, our legal team is prepared to provide the strong defense you need. Do not allow a criminal charge to derail your future. Contact Germain Legal at (321) 248-7742 for a free consultation. We will review your case, explain your legal options, and work tirelessly to achieve the best possible outcome for you. Volusia County Florida Court Resources The Seventh Judicial Circuit Courts serve Volusia County. Circuit courts have... --- > If you are charged with a DUI or other criminal offense in Kissimmee, Osceola County, Florida, contact Germain Legal to begin your criminal defense representation. - Published: 2024-10-17 - Modified: 2024-10-19 - URL: https://germainlegal.com/areas-we-serve/osceola-county/ Facing criminal charges in Osceola County can be a daunting experience. A conviction may result in severe penalties, such as significant fines, lengthy prison sentences, and long-term impacts, including challenges in securing employment and the loss of professional licenses. With so much at stake, having a competent and experienced criminal defense attorney on your side is important. Osceola County Criminal Defense Attorney At Germain Legal, we defend the rights of those accused of crimes in Osceola County. Our attorneys have a deep understanding of Florida’s criminal laws and have successfully represented clients in cities and communities across the county, including Kissimmee, St. Cloud, Celebration, Poinciana, and more. Whether you are facing charges for DUI, drug offenses, theft, violent crimes, or other criminal matters, our legal team is prepared to provide the vigorous defense you need. Do not let criminal charges jeopardize your future. Contact Germain Legal at (321) 248-7742 for a free consultation. We will review the details of your case, explain your legal options, and work tirelessly to achieve the best possible outcome for you. Osceola County Florida Court Resources The Ninth Judicial Circuit Courts serve Osceola County. Circuit courts have jurisdiction over felony offenses. County courts have jurisdiction... --- > Germain Legal provides criminal defense representation in Indian River County, Florida, Vero Beach, and surrounding areas. - Published: 2024-10-17 - Modified: 2024-10-19 - URL: https://germainlegal.com/areas-we-serve/indian-river-county/ In Indian River County, Florida, residents may encounter a variety of legal issues, ranging from traffic violations to more serious criminal charges. These offenses can lead to significant consequences, including heavy fines, imprisonment, and a permanent criminal record that could affect your future opportunities. If you or a loved one is facing criminal charges in Indian River County, it is crucial to seek a lawyer’s help promptly. A skilled criminal defense attorney at Germain Legal can work towards reducing or dismissing the charges against you. Indian River County Criminal Defense Attorney Germain Legal attorneys have extensive knowledge of Florida’s criminal laws and have successfully represented clients in cities and communities across the county, including Vero Beach, Sebastian, Fellsmere, and more. Whether you are facing charges for DUI, drug offenses, theft, violent crimes, or other criminal matters, our legal team is prepared to provide the aggressive defense you need. Do not let criminal charges jeopardize your future. Contact Germain Legal at (321) 248-7742 for a free consultation. We will review your case, explain your legal options, and work tirelessly to achieve the best possible outcome for you. Indian River County Florida Court Resources The Nineteenth Judicial Circuit Courts serve Indian River... --- > Mark Germain is a criminal defense attorney serving Brevard County and surrounding communities along the Space Coast in Central Florida. - Published: 2024-10-17 - Modified: 2024-10-19 - URL: https://germainlegal.com/areas-we-serve/brevard-county/ Individuals convicted of crimes in Brevard County, Florida, might face substantial fines and incarceration, with long-term impacts such as employment difficulties and loss of professional licenses. Brevard County Criminal Defense Attorney If you've been charged with a misdemeanor, felony, or traffic offense in Brevard County, contact our firm to begin your defense strategy. Protect your future and freedom by contacting Germain Legal at (321) 248-7742. Our experienced Brevard County criminal defense attorneys represent clients in Melbourne, Palm Bay, Cocoa, Titusville, and surrounding communities throughout Florida. Brevard County Florida Court Resources The Eighteenth Judicial Circuit Courts serve Brevard County. Circuit courts have jurisdiction over felony offenses. County courts have jurisdiction over traffic offenses and misdemeanors. The circuit is administered by Chief Judge Charles Crawford, who was elected by a majority of the judges in the circuit for a term of two years. Viera Court Harry T. and Harriette V. Moore Justice Center 2825 Judge Fran Jamieson Way Viera, FL 32940-8006 (321) 633-2171 Melbourne Branch Courthouse 51 S. Nieman Avenue Melbourne, FL 32901 (321) 637-5413 Titusville Court 506 S. Palm Ave. Titusville, FL 32796 Brevard County Clerk of Courts 51 S. Nieman Avenue Melbourne, FL 32901 (321) 637-5413 Clerk: Rachel M. Sadoff,... --- > The law offices of Mark Germain provide legal representation to those charged with charges relating to dating violence or neglect in Brevard County. - Published: 2024-10-16 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/domestic-violence/dating-violence/ Under Florida law, there are a number of different situations where domestic violence can occur. Usually, protective orders and restraining orders are filed in cases of domestic violence. It is important to contact a Melbourne criminal defense attorney if you have been accused of dating violence. Melbourne Dating Violence Defense Lawyer If you have been charged with Dating Violence in Central Florida, then you need to contact the experienced domestic violence defense attorneys at Germain Legal. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact our office at (321) 775-3559 for a consultation on how we can defend you against dating violence charges. What is Dating Violence? Florida Dating Violence Injunction Penalties for Violating Dating Violence Restraining Order Hire a Dating Violence Criminal Defense Attorney in Brevard County Back to top What is Dating Violence? Defined under Florida Statutes section 784. 046, “dating violence” refers to any violence between individuals who have or have had a continuing and... --- > Mark Germain provides legal representation for those charged with refusing legal requests for breath tests following a DUI stop. - Published: 2024-10-11 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/dui-defense/dui-test-refusal/ Knowing when you can and cannot refuse to take a DUI test is complicated, and the stress of being pulled over and interrogated does not help matters. Generally, you have obligation to acquiesce to a breath test if you are pulled over for legally valid reasons, but some people may refuse this test. Brevard County DUI Test Refusal Attorneys If you or a loved one have been charged with refusing a breath test, you need to contact an experienced DUI defense attorney immediately. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense. What is a DUI Test Refusal? Lawful Arrest: The prosecutor must prove that the person was lawfully arrested based on probable cause that they were driving or in actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. Informed of Consequences: It must... --- > Germain Legal are prepared to provide seasoned defense for any DUI charge, including manslaughter charges. - Published: 2024-10-11 - Modified: 2024-10-22 - URL: https://germainlegal.com/criminal-defense/dui-defense/dui-manslaughter/ The harshest DUI penalty in Florida is vehicular manslaughter while under the influence of alcohol or controlled substances. The state recognizes the senselessness of vehicle deaths as the result of impairment, and assigns those charged with DUI vehicular manslaughter a second- or first-degree felony charge. Being convicted with DUI vehicular manslaughter almost always means prison with stiff restrictions once you get out. Brevard County DUI Manslaughter Defense Attorneys From the loss of family members on the victim’s side, to a lifetime of regret on the side of the accused, the impact of DUI manslaughter is terrible. However, everyone deserves strong legal representation. Whether you have been falsely accused or are seeking to mitigate the damages of a DUI trial, you need to contact the experienced DUI defense attorneys at Germain Legal. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your DUI defense. Germain Legal serves Brevard County, Indian River County, Volusia County and Osceola County. What is DUI Manslaughter? According to Florida Statutes Section 316. 193(3), DUI Manslaughter means a person, while driving under the influence of alcohol or drugs, causes the death of another individual. For a person to be convicted... --- > Meta Description: Germain Legal are prepared to provide seasoned defense for any DUI charge, including felony level DUIs for high blood alcohol content. - Published: 2024-10-11 - Modified: 2024-10-18 - URL: https://germainlegal.com/criminal-defense/dui-defense/high-bac/ When someone is pulled over for driving under the influence with a high blood or breath alcohol level in Florida, they may be facing a misdemeanor to felony charge. The consequences of a DUI (Driving Under the Influence) offense are serious, ranging from hefty fines to extended jail time. In this piece, Germain Legal explains Florida's laws on DUI with high BAC, covering the penalties you might face, possible defenses, and how our criminal defense lawyers can make a meaningful difference in protecting your rights and building a strong defense tailored to your unique situation. Brevard County High BAC DUI Defense Attorney The state takes DUI charges very seriously, and being caught with a high blood alcohol content (BAC) can elevate your potential charges from a minor misdemeanor to up to nearly a year in prison. If you or a loved one have been charged with a high BAC DUI you need to contact an experienced DUI defense attorney immediately. Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach... --- --- ## Posts > As of Oct. 1, the threshold for felony home theft convictions is much lower, and new restrictions have been placed on patterns of theft with House Bill - Published: 2024-11-14 - Modified: 2024-11-14 - URL: https://germainlegal.com/blog/nebraska-enacts-changes-to-theft-laws/ - Categories: Crimes As of Oct. 1, the threshold for felony home theft convictions is much lower, and new restrictions have been placed on patterns of theft with House Bill 549. The state has cited a rise in crime as reason for the change while news outlets describe a 30% drop in theft convictions over the last year. In addition to a decrease in the threshold for felony theft, the state also added punishments for repeat offenders and increased the “frequent theft period” from 30 to 120 days. Porch Pirating New Threshold Previously, the threshold for felony home theft was $750 or more. Now, however, the threshold for grand theft in the third degree theft is just $40, if the item is stolen from the home. Grand theft in the third degree is punishable as a felony in the third degree. This means that stealing the wrong package can land you up to 5 years in prison and/or a $5,000 fine. Petit theft in the second degree has also been removed when the items are taken from a home. Instead, theft of items under $40 from a home is now a first degree misdemeanor instead of the previous second-degree misdemeanor. However, any repeat... --- > Brevard County, FL Lawyer - Published: 2022-09-29 - Modified: 2024-11-04 - URL: https://germainlegal.com/blog/what-rights-do-i-have-while-incarcerated/ - Categories: Arrested, Brevard County FL, Jail, Legal Advice, Police, Your Rights Are you facing incarceration? Have a loved one or family member behind bars in Palm Bay, Brevard County or surrounding areas throughout Florida? You probably have questions about the fights of those incarcerated. Inmates in Brevard County and throughout Florida are granted certain inalienable rights including the right to: Freedom from sexual crimes Humane living conditions and facilities Freedom from racial segregation Assert their rights under the Americans with Disabilities Act Express condition complaints Medical care as needed and necessary Appropriate mental health care A hearing if they are to be moved to a mental health facility Inmates from local jails to federal prisons are granted basic rights protected by the U. S. Constitution. Further, those detainees awaiting trial are not to be treated as ‘guilty’ nor punished in any way. Many such protections and rights are granted under the broad umbrella of the 8th Amendment to the U. S. Constitution, expressly prohibiting ‘cruel and unusual punishment’. However, other rights, such as those under the First Amendment, may be in direct opposition of legitimate objectives of the penal corrections system (such as maintaining order, security, and discipline). In such cases, certain rights may be infringed upon only so far as... --- > Due process ensures that legal matters, both civil and criminal, are resolved in a fair and equitable manner, according to established rules and - Published: 2022-09-21 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-is-due-process-and-why-is-it-important/ - Categories: Brevard County FL, Legal Advice, Your Rights Due process ensures that legal matters, both civil and criminal, are resolved in a fair and equitable manner, according to established rules and principles. Types of Due Process in Cape Canaveral and Throughout Brevard County, FL According to the 5th and 14th amendments of the United States Constitution, the government is prohibited from taking any action or actions that may deprive a person of ‘life, liberty, or property without due process of law’. Procedural Due Process Places a requirement that the government, when acting in a manner that may deny a citizen of the United States their life, liberty, or property interest, must give such a person notice of these actions, a right to be heard, and a decision made by a neutral decision-maker (i. e. judge or jury of one’s peers). Substantive Due Process Substantive Due Process is a legal principle that grants courts the power to protect certain fundamental rights from interference by the government. This is true even in situations where procedural due process has been met, and for rights that may not be specifically cited elsewhere in the Constitution. In other words, Due Process ensures fairness in legal proceedings both criminal and civil, as well as... --- > Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood - Published: 2022-09-14 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/can-i-refuse-a-field-sobriety-test-in-brevard-county-fl/ - Categories: Brevard County FL, Drinking & Driving, DUI, Florida Laws, Legal Advice, Practice Areas Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood testing. However, the state of Florida, including Brevard County and Cocoa, do not include field sobriety testing under the umbrella of their implied consent laws. What does this mean for residents of Cocoa and surrounding areas? It means that you have the right to refuse completion of a field sobriety test, at any time, for any reason, without running the risk of administrative penalty. That said, there are considerations that must be weighed when making such a choice. For example, officers can still arrest you for a DUI if they have probably cause to believe you are operating a vehicle under the influence. However, refusal of a field sobriety test could be in your best interest if you feel like the results of such as test may be used against you. For example, DUI cases lacking field sobriety test footage and/or notes rely more heavily on objective and subjective evidence to obtain a conviction. Even if you’re innocent, several factors could cause you to fail a field sobriety test: being overtired, nerves/anxiety, naturally poor coordination, and more. --- > The state of Florida classifies solicitation as a misdemeanor for first-time offenders. While solicitation is most often associated with prostitution, the - Published: 2022-09-09 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-know-about-criminal-solicitation-charges-in-florida/ - Categories: Brevard County FL, Crimes, Fines, Florida Laws, Jail, Legal Advice, Misdemeanor, Police, Practice Areas, Probation, Solicitation The state of Florida classifies solicitation as a misdemeanor for first-time offenders. While solicitation is most often associated with prostitution, the legal definition is broader, encompassing a range of situations where one individual or party strongly encourages another individual or party to engage in a criminal act. Criminal solicitation in Brevard County is most commonly charged for those individuals soliciting acts surrounding drugs and prostitution, however, this charge may also apply to situations such as a public official soliciting a bribe. You may be charged and/or convicted of solicitation if you are found to have intentionally, advised, enticed, incited, ordered, or otherwise strongly encouraged another person to commit a crime in Cocoa Beach or other cities throughout Florida. Of importance is that the crime itself needs NOT be committed in order for a crime of solicitation to have occurred. Also of importance is that the act of solicitation itself is NOT a crime. For example, an individual may solicit investment in a business idea, well within the bounds of the law. Those convicted of criminal solicitation face a wide range of penalties including the potential for expensive fines, lengthy probation, and jail time. --- > Facing a cocaine possession charge is a serious matter that requires immediate attention from an experienced criminal defense attorney. Florida law - Published: 2022-08-31 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-do-if-i-have-been-arrested-with-cocaine-in-florida/ - Categories: Arrested, Criminal Defense, Drugs, Florida Laws, Legal Advice, Police, Practice Areas, Unreasonable Search & Seizure Facing a cocaine possession charge is a serious matter that requires immediate attention from an experienced criminal defense attorney. Florida law enforcement and prosecutors take a strong stance against drug offenses, aggressively pursuing convictions of those accused of being in possession of cocaine. If arrested, the first priority is protecting your own rights and preserving all potential avenues for your future defense in court. In order to do that, there are two things you need to do. First, keep your mouth shut. Speaking to law enforcement, prosecutors, investigators or anyone involved in the alleged crime is a surefire way to sabotage your own defense. Remember, what you say can and will be used against you in a court of law. Law enforcement are trained in ways to psychologically get your defenses down and to get you to open up or accidentally misspeak. You have the right to silence, and you should respectfully assert it until your attorney is present. Second, you need to hire an experienced criminal defense attorney that has a demonstrated track record of successful results for their clients. Potential defenses that your drug defense attorney may pursue could include: No knowledge of possession Constructive possession Illegal search... --- > The crime of perjury is a serious offense in Florida. Under Florida Statutes Chapter 837, perjury is said to have been committed when the following apply: - Published: 2022-08-25 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/perjury-charges-in-florida/ - Categories: Crimes, Fines, Jail, Legal Advice, Practice Areas, Probation The crime of perjury is a serious offense in Florida. Under Florida Statutes Chapter 837, perjury is said to have been committed when the following apply: The individual in question appears before a person who is authorized to administer affirmations and/or oaths; The individual makes an oath by solemnly swearing or affirming to speak the truth; And, while under oath, knowingly makes a false statement regarding a material matter; And this statement was believed by that individual to be untrue at the time the statement was made The penalties for perjury charges (if convicted) range widely based on several factors including whether or not a false statement was made in an official or unofficial proceeding, or in an official capital prosecution proceeding. Penalties for Perjury If Made In An Unofficial Proceeding: 1st degree misdemeanor Punishable by up to 1 year in jail Up to 1-year probation; and Up to $1000 in fines If Made In An Official Proceeding: 3rd degree felony Punishable by up to 5 years in prison Up to 5 years probation; and Up to $5000 in fines If Made In An Official Capital Prosecution Proceeding: 2nd degree felony Punishable by up to 15 years in prison Up... --- > Short answer? Yes. Anyone who willingly and/or knowingly attempted to procure or obtained property that is rightfully owned by another individual can be - Published: 2022-08-17 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/can-i-be-arrested-for-purchasing-stolen-property-in-brevard/ - Categories: Arrested, Brevard County FL, Crimes, Criminal Defense, Florida Laws, Legal Advice, Police, Practice Areas, Theft Short answer? Yes. Anyone who willingly and/or knowingly attempted to procure or obtained property that is rightfully owned by another individual can be arrested for possession of stolen goods. Possession of stolen goods in Brevard County falls under Florida Statute Title XLVI. Under this statute, stolen property refers to any object or service that has been taken without permission from the rightful owner. Having control over this property (possession) or transferring or obtaining such property (purchasing) is considered illegal and carries with it steep penalties if convicted. Even in situations where ‘absolute proof’ of theft, or knowledge of the theft, is unknown, prosecutors can use circumstantial evidence to assert and prove that you should have reasonably known that the goods purchased were stolen property. This is why speaking to law enforcement without first consulting a competent defense lawyer is ill-advised. A major aspect of defense strategy in such cases surrounds the circumstances in which the goods were sought out and purchased. --- > Getting questioned by law enforcement can be a stressful experience. Even if you’re innocent you could find yourself being interrogated. But what should - Published: 2022-08-11 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-you-should-do-if-questioned-by-the-police/ - Categories: Interrogation, Legal Advice, Police, Your Rights Getting questioned by law enforcement can be a stressful experience. Even if you’re innocent you could find yourself being interrogated. But what should you do if questioned by the police? Do You Have to Answer Questions Asked by Police? No. And you probably shouldn’t. You have a right in the United States to remain silent. This includes being questioned on the street, while being detained, or even after arrest. You cannot be punished for asserting your right to remain silent. Should I talk to a defense attorney before answering questions from the police? YES. You have a constitutional right to ask for legal representation prior to answering any questions. You should always assert this right. Once you ask for an attorney, police are generally required to stop the interrogation until your lawyer shows up. Be Respectful, But Blunt, and Never Say More Than You Need to Remember, anything you say can, and often is, used against you. Police officers are trained to get you to talk, trip up, misspeak, or even accidentally disclose information that could be used to arrest or charge you with a crime. Be calm, courteous, and professional, never aggressive or argumentative. You’ll get your chance to... --- > In a court of law, police officer witness testimony is considered evidence. In criminal cases, the prosecution (state or gov) has the burden of proving - Published: 2022-08-04 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/police-officer-witness-testimony-in-your-case/ - Categories: Arrested, Evidence, Legal Advice, Police, Testimony In a court of law, police officer witness testimony is considered evidence. In criminal cases, the prosecution (state or gov) has the burden of proving beyond a reasonable doubt, the defendant’s guilt. Armed with a wide range of tactics, the prosecution will employ every means they have to get a ‘W’ in the win column. This often means soliciting the testimony of law enforcement officers who may have been direct or indirect witnesses, or who were involved in the investigations leading up to the arrest. Police officers are often called into court to offer a range of testimony that can be used to establish a foundation for the admission of evidence, or to offer eyewitness accounts of what transpired. However, as with any testimony given in court, even that of a police officer can be questioned for accuracy and credibility. During cross-examination, your defense lawyer’s job is to convince the jury that the officer’s testimony is inaccurate, paints an incomplete picture of events, is inconsistent, and/or not credible. If you have been arrested or charged with a crime, retaining a competent and experienced criminal defense attorney is of paramount importance. A good criminal defense lawyer will work diligently to build... --- > Under Florida Statutes Section 322.2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of - Published: 2022-07-28 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-know-about-underage-dui-arrests/ - Categories: Arrested, Crimes, Drinking & Driving, DUI, Jail, Legal Advice, Police, Practice Areas Under Florida Statutes Section 322. 2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of whether or not a guardian or parent is present. Any individual under the age of 21 found to have a blood alcohol concentration greater than 0. 02 is immediately issued a hard license suspension for 30 days. This is followed by a six-month suspension with an option to obtain a license for business purposes only. Any individual under the age of 21 that refuses to take a breath test will have their license suspended for 1-year. Persons under 21 with a BAC of over 0. 05 will also be required to complete DUI school, alcohol evaluation, and counseling. Can a Child Who Is Under 18 Be Taken to Jail On DUI Charges In Florida? Any person under the age of 18 arrested for DUI charges in Florida will be held in a Florida jail for 8 hours, or until they are re-tested and fall below a BAC of 0. 02. After such time they will be released on bond or to their parents/guardians. Does the Implied Consent Law Apply to Drivers Under the Age of 21 in Florida?... --- > The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US - Published: 2022-07-20 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/warrantless-search-and-seizure-cases-in-brevard-fl/ - Categories: Brevard County FL, Criminal Defense, Evidence, Florida Laws, Legal Advice, Motions, Police, Probable Cause, Search Warrant The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US government. However, the term ‘unreasonable’ is not well-defined in this doctrine, granting the government latitude to conduct searches under the guise of public protection. However, the US Supreme Court Justices interpreted reasonable as governmental searches and seizures conducted with probable cause. This means that searches and seizures without a warrant, conducted by law enforcement, with ‘probable cause’ to do so, is permitted. Florida police are therefore allowed, in limited situations, to conduct warrantless searches and seizures. Plain View Doctrine Under this doctrine, if an officer observes evidence of a crime, such as shining a light into a vehicle and seeing evidence, they may conduct a search to further investigate. Furtive Gesture An officer cannot conduct a warrantless search or seizure on a hunch. They must have supportive evidence, except where they have reasonable suspicion based on specific and articulable facts that there is or was a crime being committed. Stop and Frisk Pat frisks are limited by law to the outer clothing, unless in cases where the officer has a level of suspicion they can... --- > Drug trafficking is a serious charge, with Florida state and federal prosecutors taking an aggressive stance against alleged criminals in an effort to - Published: 2022-07-13 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/best-defenses-for-drug-trafficking-charges/ - Categories: Arrested, Drugs, Evidence, Legal Advice, Police, Practice Areas, Probable Cause, Unreasonable Search & Seizure Drug trafficking is a serious charge, with Florida state and federal prosecutors taking an aggressive stance against alleged criminals in an effort to combat the drug epidemic sweeping the country. Trafficking charges can result in imprisonment, expensive fines, and a blemish on your personal and professional life. In order to prove guilt, a trafficking charge must prove that you: Knowingly possessed the controlled substance; and That you were involved in the import, transport, delivery, or sale of the controlled substance Attacking Weak Evidence Here we are looking to demonstrate that the prosecution does not have enough evidence to prove ‘beyond a reasonable doubt’ that you are guilty. Violation of Rights Overeager law enforcement and overzealous prosecutors are known for stepping out of line from time to time. In some cases, this results in a violation of your rights. Illegal Search and Seizure In some circumstances, evidence obtained was done so in a way that was illegal. No Probable Cause for Arrest The arresting officer did not have probably cause to place you under arrest. No Knowledge of the Drugs Establishing a case based around the fact that you had no knowledge of the drugs and therefore did not knowingly possess... --- > The terms ‘manslaughter’ and ‘murder’ are sometimes used interchangeably (and wrongly) by the general public. Understanding the difference between these - Published: 2022-07-08 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/murder-vs-manslaughter-whats-the-difference/ - Categories: Criminal Defense, Legal Advice, Legal Definitions, Manslaughter, Murder, Practice Areas The terms ‘manslaughter’ and ‘murder’ are sometimes used interchangeably (and wrongly) by the general public. Understanding the difference between these two is important for those facing charges or who know someone facing charges. The Definition of Murder by Common Law Murder is defined as the intentional killing of another human, with malice, in the absence of legal justification. Malice aforethought as it relates to murder is said to be present when: There was clear intention to kill another human being absent of legal justification to do so (i. e. self-defense for example); There was an intention to cause serious harm to another individual, resulting in that individual’s death; and The alleged murderer displayed reckless regard for human life, resulting in the death of another individual Murder may be further classified based on the specific circumstances of the crime, and may include first-degree or second-degree charges. The Definition of Manslaughter Manslaughter is defined as the unlawful killing of another individual, by another person, but in the absence of malice. Manslaughter applies when there was no intent to kill or seriously harm another human, and when there was no reckless disregard for human life involved. Manslaughter is generally perceived as less morally... --- > Florida takes allegations of video voyeurism seriously, conducting aggressive and thorough investigations. Sometimes, these overly aggressive - Published: 2022-06-30 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-do-if-you-have-been-arrested-for-video-voyeurism-in-florida/ - Categories: Arrested, Crimes, Florida Laws, Legal Advice, Police, Practice Areas, Your Rights Florida takes allegations of video voyeurism seriously, conducting aggressive and thorough investigations. Sometimes, these overly aggressive investigations can result in innocent suspects being arrested. Don’t Speak to the Authorities You have a constitutional right to remain silent. Ask to speak to an attorney and to have one present before questioning. Do not offer up any information no matter how innocent. Understand Your Charges Video voyeurism charges are levied on those who are alleged to have videoed someone undressing, dressing, or exposing their body at a time and place where there was a reasonable expectation of privacy. Video Voyeurism Crimes in Florida Video Voyeurism: Under Florida Statute Sec. 810. 145. This charge is levied when a person films another for the purposes of “entertainment, amusement, gratification, sexual arousal, profit, or for the purpose of abusing or degrading another’. Video Voyeurism Dissemination: Allegations regarding the transfer, dissemination, transfer, or distribution of images or video taken of someone without their consent. Commercial Video Voyeurism Dissemination: Same as video voyeurism dissemination but with the intent to sell and profit from such dissemination. Work with Your Defense Attorney Work candidly with your defense attorney to uncover evidence and opportunities to support your defense. --- > Public defenders provide a critical service to the criminal justice system, representing those individuals who are unable to afford representation for - Published: 2022-06-27 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/why-you-shouldnt-rely-on-a-public-defender-for-your-defense/ - Categories: Criminal Defense, Legal Advice Public defenders provide a critical service to the criminal justice system, representing those individuals who are unable to afford representation for their cases. But is a public defender the right choice for you? Turns out, there are three key areas where hiring a public defender may put you at a disadvantage. 1. Heavy Caseload It’s no secret that public defenders are overworked and underpaid. Some public defenders are inundated with cases, sometimes as many as 100-200 at a time. As you might imagine, it is nearly impossible to give any particular case much attention when they’re spread that thin. 2. Experience Although there are many talented public defenders, you have no choice in who you are assigned. Given their caseload and a random mix of clients, public defenders don’t often have an area of specialization. When hiring a private law firm, you can choose to work with an attorney and/or law firm that specializes in the types of cases you’re facing. 3. Limited Resources Criminal defense cases are complex, nuanced, and require exceptional attention to detail. They also involve intensive investigation in order to prepare the case for court. This can involve but is not limited to hiring experts to... --- > 1. What Do I Say if the Officer Asks me Questions? Give them your name, license, and registration. Politely state that you intend to cooperate fully, but - Published: 2022-06-22 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/most-common-questions-if-you-have-been-arrested-for-a-dui/ - Categories: Arrested, Drinking & Driving, DUI, Legal Advice, Police, Practice Areas, Traffic Stop, Your Rights 1. What Do I Say if the Officer Asks me Questions? Give them your name, license, and registration. Politely state that you intend to cooperate fully, but that you would like a lawyer present for any official questioning. 2. Did the Officer Even Have a Reason to Pull me Over? Officers generally pull over drivers suspected to be under the influence for: Taking a wide turn Straddling the center of a lane marker Weaving in and out of lanes Nearly hitting a vehicle or object Driving on a surface other than the designated roadway Driving less than 10 mph under the limit Swerving Stopping abruptly Following other vehicles too closely Drifting Randomly braking Tires touching the center or lane marker Driving into oncoming traffic Delayed response to traffic signals Driving with no headlights on And more 3. What Type of Defense do I Have? The answer to this question is situationally dependent and will vary from case to case. However, DUI cases are not ‘slam dunks’ for the prosecution. There are often several areas of contention that can be used to support a strong defense. Unlawful search, unlawful detainment, improper administration of sobriety tests, medical defense, miscalibrated BAC detectors, and... --- > You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search - Published: 2022-06-08 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-do-if-a-police-officer-asks-to-search-your-vehicle/ - Categories: Criminal Defense, Drugs, Florida Laws, Legal Advice, Police, Practice Areas, Probable Cause, Search Warrant, Traffic Stop, Your Rights You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search your vehicle. What should you do? What are your rights in the state of Florida? Can Police Search Your Vehicle Without a Warrant? The Fourth Amendment of the US Constitution is meant to protect citizens from unlawful police searches and seizures. This law applies not only to your property, but also to your vehicle. In Florida, federal and state laws protect you against unlawful and overly invasive searches. In the majority of cases, searches are deemed unlawful in the absence of a court-authorized search warrant. What if My Vehicle is Searched without a Warrant? In this case, evidence obtained as a result of this illegal search may be inadmissible in court. This includes both physical as well as observational evidence of any criminal activity or wrongdoing. When Can Florida Police Search Your Car Without a Warrant? Law enforcement officers are allowed to search your car if they have ‘probable cause’ to do so. For example, if they smell drugs or alcohol, see contraband (such as a firearm), etc. , or if they caught you... --- > State legislators in Florida and around the country pass laws that both define criminal statutes within their respective states, as well as the - Published: 2022-06-01 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/state-vs-federal-crimes-whats-the-difference/ - Categories: Arson, Burglary, Crimes, Federal Crimes, Felony, Misdemeanor, Practice Areas, Robbery, Theft State legislators in Florida and around the country pass laws that both define criminal statutes within their respective states, as well as the punishments for violations of those statutes. Similarly, Congress does the same for federal laws. Jurisdiction Matters The vast majority of crimes are violations of state law. Such crimes include theft, burglary, robbery, arson, assault, battery, and more. States have the right under state legislation to regulate conduct within its borders, as well as the power to decide what constitutes a crime. While states have more leeway to introduce laws (subject to constitutionality), federal lawmakers are only able to do so when such laws are favorable for the national interest of the country. Such laws often cover wire fraud, fraud, money laundering, tax evasion, interstate crimes, and more. Types of Crimes Similar to state crimes, federal crimes are classified as a: Felony Misdemeanor Infraction Within these, there are a total of nine ‘classes’ of federal crimes. Penalties Generally speaking, penalties for federal crimes tend to be more severe. As with state convictions, federal courts use ‘federal sentencing guidelines’ to aid the judge in passing down a fair and just sentence. --- > Under Florida law, those convicted of sex crimes are classified as sex offenders. Within that designation, there are several unique classifications - Published: 2022-05-25 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/the-florida-sex-offender-classification-in-florida-explained/ - Categories: Criminal Defense, Florida Laws, Legal Advice, Practice Areas, Sex Crimes Under Florida law, those convicted of sex crimes are classified as sex offenders. Within that designation, there are several unique classifications ranging from 1-3, with each level delineated by the severity of the crime. Level I Sex Offender The least serious of sex crimes, such a designation is often given to those offenders whom the court deems is unlikely to be a repeat offender. Penalties typically only require reporting to the local sheriff’s department twice yearly, and have a better chance of eventually being removed from the registry. Examples may include streaking across a baseball field or peeing in public. Level II Sex Offender These individuals are perceived to have a higher chance of repeat offenses, factoring in criminal history and the severity of the crime. Despite serious penalties involved, individuals may be removed from the registry after a period of time. Offenders must check in to the local sheriff’s department four times yearly, and face other restrictions. Level III Sex Offender The most serious sex offender levels, those classified as Level III are considered ‘sexual predators’ with a high likelihood of repeat offenses, and who have at least one felony charge of first-degree sexual misconduct, OR, two felony charges... --- > You would never dream of tampering or fabricating evidence…but what happens when you suspect the law of committing a criminal act to further their case - Published: 2022-05-18 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-do-if-you-suspect-the-police-of-tampering-with-or-fabricating-physical-evidence/ - Categories: Criminal Defense, Evidence, Legal Advice, Police You would never dream of tampering or fabricating evidence... but what happens when you suspect the law of committing a criminal act to further their case against you? Unfortunately, not all law enforcement officers or state attorneys are honest and ethical. There’s bad apples in every profession, and more times then we’d like to admit, evidence does get tampered with or fabricated. The first step is contacting a competent and experienced criminal defense attorney. They will know how to approach this accusation in the right way, and through the right legal channels. It will be your burden to prove that law enforcement tampered with evidence beyond a reasonable doubt. To do that, your criminal defense attorney will look to prove the following elements: Intent of the accused officer(s) mind to interfere with evidence and that it was not ‘accidental’. That the officer(s) knowingly tampered with evidence. Evidence or proof of the act. That the officer(s) were aware of a pending or potential investigation into you. If the above elements can be proven beyond a reasonable doubt, you may have a strong case against those officers, as well as a means to have your charges and case dismissed. --- > Spring break is a time to let loose and enjoy some ‘fun in the sun’. Each year more than 1.5 million college students flock to Florida for its beaches, - Published: 2022-05-11 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-you-should-know-if-you-were-arrested-in-brevard-fl-during-spring-break/ - Categories: Arrested, Brevard County FL, Criminal Defense, Drugs, DUI, Florida Laws, Legal Advice, Police, Practice Areas Spring break is a time to let loose and enjoy some ‘fun in the sun’. Each year more than 1. 5 million college students flock to Florida for its beaches, parties, and more. As one might imagine, this often results in a bit of obnoxious behavior, excessive drinking, drug use, and misjudgment. Mistakes can happen, and when they do, it often leaves a lot of ‘out of state’ vacationers not sure of what to do when arrested in Brevard Country during spring break. After all, they’re about to head back home, but now have a lingering court case or appearance. Each situation is unique, but the following is some basic guidance to help you set things right: 1. Contact a local Brevard criminal defense attorney Local attorneys are familiar with local laws and commonly represent out-of-state students and individuals who found themselves charged with a crime. 2. Schedule a consultation in person or over the phone Consultations are typically free, and can help you better understand your options. 3. Don’t Lie When arrested, the best tool you have you’re your defense is the right to remain silent. Use it. Especially if you were intoxicated. You won’t want to accidentally misspeak... --- > Florida takes DUIs seriously, with serious penalties for those convicted. Those with multiple DUIs are also typically met with increasingly aggressive - Published: 2022-05-06 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-are-the-consequences-of-having-multiple-duis-in-florida/ - Categories: Arrested, Crimes, Criminal Defense, Drinking & Driving, DUI, Fines, Florida Laws, Jail, Legal Advice, Police, Practice Areas, Probation Florida takes DUIs seriously, with serious penalties for those convicted. Those with multiple DUIs are also typically met with increasingly aggressive prosecution. Below we outline Florida’s consequences for multiple DUIs: First DUI: Fines up to $1000-$5000 depending on the circumstances. Jail time up to 6 months to 5 years depending on the circumstances Probation of up to 1 year 50 hours of court-mandated community service Suspension of Drivers license up to 1-year Ignition Interlock Device (at the court’s discretion) minimum of 6-months Vehicle impound or immobilization for 10 days Second DUI: Fines up to $2000-$5000 depending on the circumstances Jail time – Mandatory minimum of 10 days, and up to 9 months if 2nd DUI was within 5 years of the last. Up to 1-5 years depending on the situation. Suspension of Driver’s license for 1-years if previous DUI within 5 years Mandatory Ignition Interlock Device. Minimum of 1-year Vehicle impound or immobilization Third DUI: Fines up to $5000 Jail time – min. of 30 days if last conviction was within 10 yrs. Up to 5 years imprisonment License revocation Ignition Interlock Device mandatory minimum of 2-years Vehicle impound or immobilization for 10 days Fourth DUI: Fines up to $5000... --- > The state of Florida takes charges regarding child pornography seriously (as it should). However, the law doesn’t always get things right, and each year - Published: 2022-04-27 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/how-best-do-defend-against-child-pornography-charges/ - Categories: Arrested, Crimes, Criminal Defense, Evidence, Florida Laws, Legal Advice, Police, Practice Areas, Sex Crimes, Testimony, Witnesses The state of Florida takes charges regarding child pornography seriously (as it should). However, the law doesn’t always get things right, and each year thousands of innocent individuals are sent to prison over crimes they didn’t commit. If you find yourself charged or arrested for child pornography, you have options. The best way to defend against such charges is putting a competent and experienced law firm on retainer. At Germain Legal, we have extensive experience navigating complex Florida laws, and utilizing innovative and creative defense strategies that ensure our clients get the high-quality representation and defense they deserve. Once a client, our team will work tirelessly to put an aggressive defense together, using a wide range of legal tactics to champion your innocence and clear your good name. Defense Strategies May Incorporate (but are not limited to): Finding new witnesses Discrediting witness testimony Discovering new evidence in favor of the defense Establishing a favorable timeline Poking holes in the prosecution’s approach And more... The best defense is a proactive one, beginning with you taking charge of your case and working with a competent criminal defense attorney dedicated to clearing your name. --- > The Florida Department of Transportation and law enforcement take driving under the influence seriously. Florida’s laws are unique from those of other - Published: 2022-04-20 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/does-your-license-get-suspended-immediately-after-a-dui/ - Categories: Arrested, Brevard County FL, Drinking & Driving, Drugs, DUI, Florida Laws, Legal Advice, Police, Practice Areas The Florida Department of Transportation and law enforcement take driving under the influence seriously. Florida’s laws are unique from those of other states, leaving some residents of Brevard County curious about how a DUI may impact their ability to drive. Those arrested in Brevard County (or anywhere in the state), who are found to have been driving under the influence of drugs or alcohol, automatically have their driver’s license suspended. In the state of Florida, driving is considered a privilege, not a right, with a suspension of driving privileges immediately revoked upon a DUI arrest, regardless of your innocence. Those arrested for a DUI in Florida have just ten (10) short days from the date of their arrest to save their license. During this 10-day period of time, you may only drive for the limited purposes of work or business. Throughout this window, you’ll use your DUI ticket issued by the officer as a temporary driving permit with restricted privileges. Your Options Within the 10-Day Window Post-Arrest: Request an administrative hearing. By doing so you’ll be granted a 42-day ‘hardship license’ that may be used ONLY to drive to and from work. Forfeit your right to a hearing in exchange... --- > Under Florida state law, Section 893.145 of Florida Statues defines drug paraphernalia as: “all equipment, products, and materials of any kind which are - Published: 2022-04-13 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-do-if-you-have-been-arrested-for-possession-of-drug-paraphernalia/ - Categories: Arrested, Brevard County FL, Drug Paraphernalia, Drugs, Fines, Florida Laws, Jail, Legal Advice, Police, Practice Areas, Resisting Arrest, Your Rights Under Florida state law, Section 893. 145 of Florida Statues defines drug paraphernalia as: “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance... ” Possession of Drug Paraphernalia is a first-degree misdemeanor, punishable by up to 12 months in Brevard Country jail and up to a $1000 fine. A good criminal defense attorney will work diligently to build a defense tailored to your unique circumstance, while poking holes in the prosecution’s case. If You’ve Been Arrested for Possession of Drug Paraphernalia: Do not prosecution or try to hide evidence Be respectful and compliant Do not speak to law enforcement. You have a right to remain silent. Use it. Do not lie to law enforcement Obtain experienced counsel from a criminal defense attorney as soon as possible You may be able to file for a “Motion to Dismiss” if insufficient evidence is presented --- > In Brevard County, FL, reckless driving is considered a serious offense. If you find yourself facing a reckless driving charge, it is advisable to seek - Published: 2022-04-07 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-constitutes-reckless-driving-in-brevard-county-fl/ - Categories: Brevard County FL, Crimes, Criminal Defense, Felony, Fines, Florida Laws, Jail, Legal Advice, Misdemeanor, Practice Areas In Brevard County, FL, reckless driving is considered a serious offense. If you find yourself facing a reckless driving charge, it is advisable to seek out representation from an experienced criminal defense attorney such as Germain Legal. We can help you navigate the road ahead, taking immediate action to position your case for success. 
What is Reckless Driving in Brevard County? Reckless driving falls under state law, and is defined as driving a motor vehicle in ‘wanton or willful disregard for the safety of persons or property. ’ What does ‘willful’ mean in this context? Willful is interpreted by the law to mean purposefully, knowingly, and intentionally. What does ‘wanton’ mean in this context? Wanton is interpreted by Florida law to mean with an intentional and conscious indifference to the consequences of your actions, and with the knowledge that such consequences would be likely to cause damage to property or persons. Because much of the law regarding reckless driving focuses on the state of mind of the driver, it is often difficult to prove in court given its subjectivity. Penalties for a Reckless Driving Conviction in Brevard County May Include: Up to 90 days in Brevard County Jail and/or up... --- > Proof of consent for sex given by the alleged victim can form the basis of justification for criminal defense of sexual assault charges. Consent is one of - Published: 2022-03-30 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/why-consent-is-critical-to-a-sexual-assault-defense/ - Categories: Brevard County FL, Crimes, Criminal Defense, Drugs, Legal Advice, Practice Areas, Sex Crimes Proof of consent for sex given by the alleged victim can form the basis of justification for criminal defense of sexual assault charges. Consent is one of the most commonly utilized defense strategies for alleged perpetrators facing criminal charges in Cape Canaveral and other cities throughout Brevard County, FL. For example, in the case of rape, lack of consent is a criminal element that must be proven beyond a reasonable doubt. Considering the lifelong implications and stigma of a sexual assault charge, this defense may offer a path towards clearing your good name. Of importance, is that consent must be given by someone who is competent to authorize such conduct. For example, someone with a mental disability, who is under the influence of drugs or alcohol, or who was threatened or who felt threatened by the potential for violence, force, or who was coerced or tricked cannot give lawful consent for engaging in sexual acts. --- > 1. The Government Always Wins: Although the government certainly has a high batting average, how a ‘win’ is defined also matters. In many cases where an - Published: 2022-03-23 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/the-biggest-criminal-defense-myths/ - Categories: Brevard County FL, Criminal Defense, Legal Advice, Your Rights 1. The Government Always Wins: Although the government certainly has a high batting average, how a ‘win’ is defined also matters. In many cases where an outright ‘not guilty’ verdict or dismissal can be obtained, other successful outcomes may include plea bargains with no jail time, deferred judgements and more. 2. The Most Expensive Lawyer is Best: Law is a complex field of practice, requiring specialized knowledge and countless hours of work building defense cases. Going with the ‘cheapest’ lawyer might not be a great idea (less resources devoted to your case), but that doesn’t mean you need to hire the most expensive one either. 3. You Committed the Crime and Your Defense Doesn’t Matter: Even if you were caught ‘dead to rights’ in the act, there are always avenues of defense to explore. Even if you can’t achieve a ‘not guilty’ verdict, a good criminal defense lawyer familiar with Brevard County court systems, judges and district attorneys can often negotiate a favorable deal. --- > The best defense options after being arrested for a DUI in Cocoa Beach, FL or surrounding areas will be situationally dependent on the circumstances of - Published: 2022-03-16 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-are-my-best-defense-options-after-being-arrested-for-a-dui/ - Categories: Arrested, Crimes, Drinking & Driving, DUI, Legal Advice, Police, Practice Areas, Traffic Stop, Wrongful Arrest, Your Rights The best defense options after being arrested for a DUI in Cocoa Beach, FL or surrounding areas will be situationally dependent on the circumstances of the arrest. That said, a good defense lawyer in Cocoa Beach will come prepared with tried and proven defense strategies aimed at helping achieve a positive outcome for clients. Best Defense Options After Being Arrested for a DUI Include: Unlawful traffic stop – law enforcement must have just cause to pull you over Denial of Representation – Denied access to a lawyer post-arrest may be cause for having charges dropped or dismissed Equipment Accuracy – Challenging the accuracy of breath alcohol tests, equipment or lab procedure Challenging Field Sobriety Tests Dispute of who was driving Police misconduct Medical Condition – in some circumstances, medical conditions could explain failing field sobriety tests --- > Ever heard the phrase, ‘Anything you say can and WILL be used against you in a court of law?’ There’s a reason why that phrase is part of what’s known as - Published: 2022-03-09 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/top-5-reasons-not-to-talk-to-the-police-without-a-lawyer/ - Categories: Brevard County FL, Criminal Defense, Legal Advice, Police, Witnesses, Your Rights Ever heard the phrase, ‘Anything you say can and WILL be used against you in a court of law? ’ There’s a reason why that phrase is part of what’s known as your Miranda Rights. You have the RIGHT to remain silent, and any good defense lawyer in Brevard County, FL would advise you to do just that. Emotion: Police questioning can be stressful. Emotions can cloud judgement, leading to accidental disclosure or information that you may not be obligated to disclose. Law Enforcement Are NOT Your Friend: Law enforcement’s job is to get a ‘W’ on the board. While intentions are good, each year this leads to tens of thousands of innocent Floridians getting caught in the crossfire. They may act like they’re on your side, but they’re not. They are trained to put you at ease and make you talk. Your Rights: No one knows your rights better than a criminal defense lawyer. Your lawyer can advise you what to say, and more importantly, what NOT to say. It’s All On Record: Answering questions from police requires careful and meticulous planning, ensuring that you have all the details correct. Anything you say WILL be on permanent record, and... --- > Live in Brevard County, Florida? Have questions about the difference between theft, burglary, and robbery? Theft Florida Statute 812.014 - theft is - Published: 2022-03-02 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-is-the-difference-between-theft-burglary-robbery/ - Categories: Arrested, Burglary, Crimes, Florida Laws, Legal Advice, Police, Practice Areas, Robbery, Theft Live in Brevard County, Florida? Have questions about the difference between theft, burglary, and robbery? Theft Florida Statute 812. 014 - theft is committed when a person or persons knowingly uses, obtains, or attempts to obtain or use the property of another person with the intent to temporarily or permanently either: Deprive the rightful owner of the property itself or benefit(s) of the property; Appropriate the property for his/her own use or benefit, or for the use or benefit of any other person not legally entitled to it Burglary Florida Statute 810. 02 - burglary is a property crime that involves trespassing onto a property where they are not authorized to be on. The statute defines burglary as: The entering of a structure, dwelling, or conveyance with the intent to commit an offense, unless said premises was open to the public; or Remaining in a conveyance, structure, or dwelling after permission was withdrawn and with the intent to commit an offense, or to commit or attempt to commit a forcible felony as per State Statute 776. 08. Robbery Under Florida law, a robbery is a property crime distinct from burglary and theft in that it requires the use of threat... --- > Florida is one of several states that offers the possibility for those with a suspended license to obtain a hardship license. What is a Florida Hardship - Published: 2022-02-23 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/can-you-get-your-license-reinstated-for-work-purposes/ - Categories: Drinking & Driving, DUI, Fines, Florida Laws, Legal Advice, Motions, Practice Areas Florida is one of several states that offers the possibility for those with a suspended license to obtain a hardship license. What is a Florida Hardship License? Granted to those with suspended licenses, a hardship license provides limited driving privileges based on necessity (such as the ability to drive to work or school). Florida Hardship License Requirements 
Register for a 12-hour mandatory course called the Florida Advanced Driver Improvement (ADI) Course. Pass this course and receive a certificate. Fill out an application to request a ‘hardship hearing’ Bring the application for a hardship hearing and the certificate to a local Administrative Reviews Office Pay associated fees ($45 for suspensions, $75 for revocations, $63 for ADI course, hearing filing fee of $12, and administrative fees often totaling around $130). If eligible and approved by a hearing officer, receive your hardship license. If approved, this license will be granted with several restrictions and limitations. --- > Probation is often a component of a sentence, initiated after jail time, or given to offenders as an alternative to jail time. Probation enables a - Published: 2022-02-15 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/most-common-types-of-probation-violations/ - Categories: Crimes, Drugs, Jail, Legal Advice, Practice Areas, Probation Probation is often a component of a sentence, initiated after jail time, or given to offenders as an alternative to jail time. Probation enables a convicted offender to live out their life relatively normally, but does impose certain restrictions on the types of activities the offender can take part in. Below we cover a few of the most common probation violations we see and represent in court. Common Probation Violations Include: Missed Appointments or Court Hearings – Those on probation are required to meet regularly with their probation officer, and may be required to attend infrequent court hearings where progress is reviewed by the court. Failure to Obtain Meaningful Employment or Enroll in School – As a part of probation, it is not uncommon for the court to require an offender to obtain meaningful employment or to enroll in educational classes within a prescribed timeframe. Socializing with People Who Are Off-limits – As part of probation, courts often require that the offender stay away from certain people, such as known criminals, addicts, or associates. Visiting Places that Are Off-limits – Probation often places limitations on the places an offender can visit, such as bars, parties, houses of associates, and so... --- > Hiring a criminal defense lawyer is one of the most important decisions you may have to make in life. Your choice can mean the difference between - Published: 2022-02-09 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/questions-to-ask-before-hiring-a-criminal-defense-lawyer/ - Categories: Criminal Defense, Legal Advice, Practice Areas Hiring a criminal defense lawyer is one of the most important decisions you may have to make in life. Your choice can mean the difference between exoneration and freedom, or a criminal record that haunts you a lifetime, and time behind bars. Questions You Should Ask Before Hiring a Defense Lawyer Include *Some of these questions will be situational to your case and circumstance* How Long Have you Been Practicing Law? Who on your team or at your firm will be working on my case besides you? Do you have any specialties within the scope of criminal law? What type of experience do you have working on cases like mine? What kind of outcome or track record do you have representing cases like mine? As my criminal defense attorney, how often will we communicate? Will we meet in person or can meetings be done over the phone? What kind of a role do you expect me to have in my case and at trial? How much do you charge and how much will my case cost? What types of defense strategies do you feel would work best for my case? How often do your cases go to trial vs. settled... --- > Under Florida state law, if police officers suspect that you may be under the influence of a controlled substance and/or driving drunk, they have a right - Published: 2022-02-02 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/should-i-take-a-breathalyzer-test-if-pulled-over-by-the-police/ - Categories: Criminal Defense, Drinking & Driving, DUI, Fines, Florida Laws, Legal Advice, Police, Practice Areas, Traffic Stop, Your Rights Under Florida state law, if police officers suspect that you may be under the influence of a controlled substance and/or driving drunk, they have a right to both pull you over and request a breathalyzer test. However, in Florida, it is your right to refuse submission to a breathalyzer. Whether or not this is advisable depends on your unique situation, and refusing to submit to a breath test does come with serious legal ramifications. Florida’s implied consent laws stipulate that driving is a ‘privilege’ not a right. As such, those who choose to operate a motor vehicle in Florida are deemed to have automatically consented to a breathalyzer if asked to do so. Consequences of Refusing a Breathalyzer in (city) include: You can be arrested for a DUI despite refusing to be tested Refusal of a breathalyzer will result in an automatic suspension of your driver’s license for a period of one year The suspension of your license can NOT be overturned even if charges against you are dismissed or dropped However, the consequences of a DUI are even steeper, including a mandatory minimum 18-month suspension of your license a fine of up to $1000, and up to a year... --- > A weapons charge is a serious offense and should never be taken lightly, even if you believe you were in the right. Here are the next steps to take if - Published: 2021-09-29 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-should-i-do-if-i-have-been-arrested-for-a-weapons-charge-in-brevard-county-fl/ - Categories: Arrested, Bail, Brevard County FL, Criminal Defense, Florida Laws, Jail, Legal Advice, Police, Practice Areas, Weapon Crimes A weapons charge is a serious offense and should never be taken lightly, even if you believe you were in the right. Here are the next steps to take if you’ve been charged with a weapons crime in Brevard County, Florida: 1. Keep Your Opinions to Yourself There will be a time and a place for you to state your case and justify your actions. Now is not that time. Anything you say can and often is used against you in a court of law. Speak to no one about your case other than your lawyer. Not law enforcement, not a jail cell roommate while awaiting bail, not anyone. 2. Be Respectful No matter how people in the criminal justice system treat you, you yourself won’t win any points by being disrespectful to anyone in law enforcement. 3. Hire an Experienced Criminal Defense Attorney Florida takes weapons offenses seriously, and with your good name and reputation (as well as potentially your freedom) on the line, you need to get help from a talented attorney fast. At Germain Legal, we know what it takes to help our clients win their cases. With decades of experience and a track record of successful... --- > We’ve all seen the footage of police officers recorded by an innocent bystander or even by the alleged criminal themselves. You’ve also likely seen more - Published: 2021-09-22 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/can-i-record-a-police-officer-with-my-cell-phone/ - Categories: Florida Laws, Legal Advice, Police We’ve all seen the footage of police officers recorded by an innocent bystander or even by the alleged criminal themselves. You’ve also likely seen more than one law enforcement officer ask them to turn off the camera. In some cases, refusal to turn off the camera has escalated to a confrontation with officers, and potential obstruction charges. But is it legal to record a police officer with your cell phone? Although few things in law are definitive, with a ‘it depends’ asterisk next to any answer, in general, the right to record an ‘on duty’ police officer in public (where they have no expectation of privacy) is protected by the First Amendment. There are THREE major considerations to understand when recording a police officer with your cell phone: Your recording cannot interfere with the officer doing their job There must be no reasonable expectation of privacy. When it comes to police officers, this provision has been deemed by FL courts to not apply. So long as the officer is engaged in police work in the view of the general public, they have no expectation of privacy. It is NOT legal to record a conversation without prior consent of the individual... --- > The criminal justice system, for all of its good, has struggled in many areas. One of which is dealing with cannabis and marijuana. As Florida moves - Published: 2021-09-15 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/how-will-decriminalization-of-marijuana-affect-floridas-criminal-justice-system/ - Categories: Criminal Defense, Drugs, Florida Laws, Legal Advice, Legal News, Practice Areas, Your Rights The criminal justice system, for all of its good, has struggled in many areas. One of which is dealing with cannabis and marijuana. As Florida moves towards decriminalization of marijuana, it seeks to right the wrongs of unfair sentencing guidelines and bias that has caused significant harm in the past. Below are a few ways decriminalization of marijuana may affect Florida’s criminal justice system: Reduced number of marijuana-related arrests and court cases Less stress on the already bogged down and congested court system The potential for increased use among the Florida population and/or youth A potential for increased crimes committed while under the influence of marijuana Increased need for regulation and rules regarding growing, using, and selling marijuana The potential need to evaluate past convictions and potentially overturn convictions or sentences, and/or early release of non-violent offenders --- > Both the state of Florida and Brevard County takes DUIs very seriously. If you’ve been arrested for a DUI in Florida, having insight about the process and - Published: 2021-09-08 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/5-essential-facts-to-know-if-youve-been-arrested-for-dui-in-florida/ - Categories: Arrested, Bail, Brevard County FL, Crimes, Criminal Defense, Drinking & Driving, DUI, Florida Laws, Jail, Legal Advice, Police, Practice Areas Both the state of Florida and Brevard County takes DUIs very seriously. If you’ve been arrested for a DUI in Florida, having insight about the process and what to expect can help you be prepared for a vigorous defense. Let’s Take a Look at Some Essential Facts to Know if You’ve Been Arrested for a DUI in Florida: Saving Your Driver’s License: You only have 10 days from the date of your arrest to save your driver’s license. Immediate Suspension of License: Upon being arrested for a DUI, your driver’s license is IMMEDIATELY suspended. However, for the next 10 days, you ARE allowed to drive to or from WORK or for business purposes, using the ticket issued by the officer as a type of driver’s permit. Hefty Penalties (even for first-time offenders): Even for a first time DUI conviction, you could end up having to pay as much as $1000 in fines and spend up to 6-months in jail, in addition to losing your drivers license for up to 6 months and being assigned 50-hours of community service. Bail: If this is your first DUI with a BAC of 0. 08, and there was no property damage or serious injuries,... --- > The state of Florida takes domestic violence cases seriously, with convictions resulting in significant penalties including but not limited to prison/jail - Published: 2021-09-01 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/self-defense-in-domestic-violence-cases/ - Categories: Brevard County FL, Florida Laws, Legal Advice, Your Rights The state of Florida takes domestic violence cases seriously, with convictions resulting in significant penalties including but not limited to prison/jail time, court fees, fines, probation, and more. One potential avenue to explore as a defense is ‘self-defense’. At Germain Legal, we can help determine if this is a viable defense to present and how to best tailor a strategy aimed at clearing your good name. Our Attorneys Will: Go over the police report looking for admission by the victim to having committed a violent act Investigate why the victim was violent towards you Evaluate whether or not injuries in part or full suffered by the victim were due to you defending yourself Identify any inconsistencies or holes in the prosecution’s assertations, evidence and case If you’ve been charged or arrested for domestic violence in Brevard County, reach out to our law firm today and connect with a brilliant team of defense attorneys ready to help. --- > The criminal justice system can be an unforgiving system that holds offenders accountable (sometimes to an extreme). When it comes to crimes involving - Published: 2021-08-25 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/the-advantages-disadvantages-of-florida-drug-courts/ - Categories: Drugs, Florida Laws, Jail, Legal Advice, Practice Areas The criminal justice system can be an unforgiving system that holds offenders accountable (sometimes to an extreme). When it comes to crimes involving drugs, there may be an opportunity for rehabilitation from addiction, a clinical illness, rather than simply punishing that individual with fines and prison time. In Florida, the state has ‘drug courts’ designated to handle cases where a defendant may benefit greater from treatment than punishment. This path has both advantages and disadvantages for defendants to consider. Advantages of Florida Drug Courts: Voluntary program Typically available to first-time offenders charged with a misdemeanor or third-degree felony drug offense Access to group and individual counseling Professional help with addiction Those who successfully complete the program may have their charges dropped Disadvantages of Florida Drug Courts: Defendant must plead guilty to the charge (criminal record) Early morning court appearances Frequent drug testing Progress reported to courts by counselors (must show progress) Must actively participate in recovery Possible punishments if deviate from the program’s guidelines --- > COVID-19 has had a lasting and broad impact on virtually every aspect of life in Florida. From daily living, to social outings, business and even court - Published: 2021-08-18 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/the-impact-covid-19-has-had-on-florida-court-system/ - Categories: Florida Laws, Legal Advice, Legal News COVID-19 has had a lasting and broad impact on virtually every aspect of life in Florida. From daily living, to social outings, business and even court systems. As of June 4th 2021, Chief Justice Charles Canady issued the AOSC20-17: COVID-19 Health and Safety Protocols and Emergency Operational Measures for Florida Appellate and Trial Courts. This statewide emergency order lifted some of the previous mask and distancing requirements set in place for courtroom settings and proceedings. While some proceedings may continue to be conducted remotely (as appropriate), this move prioritized jury trials to aid in working through the backlog caused by COVID. A list of all Florida emergency orders issued during the pandemic can be found HERE. In the months that followed, an amended order was issued to all courts requiring them to put in place several health and safety by August 2, 2021. The amended order allowed for: Participants and observers of in-person court proceedings to wear masks if desired; Courts to not require distancing or masks unless required to do so by local, state or federal law or unless the court’s chief judge decides local health conditions warrant it; Chief judges of individual circuit courts may adopt face mask... --- > Domestic violence is a big issue across Brevard County, including Cocoa, Cocoa Beach, Cape Canaveral, Melbourne, Merritt Island, Rockledge and surrounding - Published: 2021-08-11 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/domestic-violence-charges-and-child-custody/ - Categories: Brevard County FL, Criminal Defense, Domestic Violence, Florida Laws, Legal Advice, Practice Areas Domestic violence is a big issue across Brevard County, including Cocoa, Cocoa Beach, Cape Canaveral, Melbourne, Merritt Island, Rockledge and surrounding areas. With COVID-19 some victims were stuck with their abusers, while others were the target of false or exaggerated claims. Regardless of the situation, hostility around children is never ok and abusive relationships often lead to issues regarding the child’s safety and well-being, including custody after domestic violence charges have been filed. Florida judges are required by law and ethic duty to consider the best interests of the child when determining who gets custody. In the absence of proven abuse, the judge is required to presume that both parents working together towards the betterment of the child is the best path forward. If there is credible evidence that domestic violence had taken place, that judge would be less likely to grant custody to the abuser. A judge may even issue an order of protection to aid in preventing further harm. Similarly, visitation is typically awarded to the other parent or guardian, presuming that the court determines that there is no serious risk of endangering the child’s mental, moral, emotional or physical health and well-being as a result. In situations... --- > It’s no big surprise that Florida’s youth, much like that around the nation, is prone to experimenting with recreational and illicit drugs. Sometimes this - Published: 2021-08-04 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-to-know-if-a-minor-has-been-charged-with-a-drug-offense/ - Categories: Brevard County FL, Crimes, Criminal Defense, Drugs, Felony, Fines, Florida Laws, Legal Advice, Misdemeanor, Practice Areas, Probation It’s no big surprise that Florida’s youth, much like that around the nation, is prone to experimenting with recreational and illicit drugs. Sometimes this lands minors across Brevard Country in trouble with the law. Below we’ll cover a few of the most common questions you need answered if your minor has been charged with a drug offense in Brevard County. 1. What Constitutes a Drug Possession Charge in Brevard County? a. The substance must be illegal and controlled b. The minor must have prior knowledge of their possession of an illegal drug; and c. The minor must be in control of the drug 
2. Can a Minor Hire a Lawyer? Either the parent or legal guardian of a minor charged with a drug crime must hire their legal defense. An exception is made if the minor is emancipated. 3. Misdemeanor vs Felony Drug Charges for Minors Penalties for drug crimes in Brevard County can be severe, even for minors. However, most common charge minors face related to drugs is a first-degree misdemeanor (simple possession for personal use). However, if drugs other than marijuana are involved, even small amounts can result in felony charges. 4. Penalties for Juvenile Drug Charges in... --- > Believed to have been first used in 1939 by sociologist Edwin Sutherland, the term ‘white collar crime’ has since become synonymous with a broad range of - Published: 2021-07-29 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-is-white-collar-crime/ - Categories: Criminal Defense, Legal Advice, Practice Areas, White Collar Crime Believed to have been first used in 1939 by sociologist Edwin Sutherland, the term ‘white collar crime’ has since become synonymous with a broad range of fraud committed by corporations, government representatives, executives and business professionals. However, these crimes are not isolated to those in professional or corporate roles, or to the affluent and educated. White collar crimes are those crimes characterized by a violation of trust, deceit, concealment, and fraud, with financial gain being the primary motivation. The result of white-collar crime is often the loss of services, property, money or business advantage for victims. Common Types of White Collar Crime Include: Corporate Fraud: including but not limited to ‘self-dealing’, accounting schemes, and manipulation or falsification of financial data. Money Laundering: A criminal act denoted by the concealment or disguising of proceeds made from illegitimate or illegal acts or means to make them appear as if they originated from legitimate legal activities. Securities and Commodities Fraud: Including but not limited to investment fraud, Ponzi schemes, pyramid schemes, promissory note fraud, commodities fraud, embezzlement and market manipulation. Mail Fraud: Use of the U. S. Postal Service or any private or commercial interstate carrier such as UPS to further the act... --- > Porn charges alleging the involvement or abuse of a child are serious and can have a lasting impact on the accused. Charges often carry significant prison - Published: 2021-07-22 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/how-to-defend-child-porn-charges-in-florida/ - Categories: Florida Laws, Legal Advice, Practice Areas, Sex Crimes, Unreasonable Search & Seizure, Your Rights Porn charges alleging the involvement or abuse of a child are serious and can have a lasting impact on the accused. Charges often carry significant prison sentences, steep fines, and a lifelong listing on the sex offender’s list. Yet many of those accused are simply in the wrong place at the wrong time, or have been duped or misled regarding the age of those involved. A good defense against such charges starts with hiring an experienced law firm that will treat you with the respect you deserve. Leading the way with an extensive investigation, the right law firm can often uncover weaknesses in the prosecution’s evidence, capitalizing on these to poke holes in their case. Every situation is unique, but potential avenues of defense to explore may include: Unconstitutional search and seizure Computer infected with viruses or being used as a proxy for searches not conducted by yourself Issues with chain of custody False misrepresentations of the individual who claimed they were of age (such as a fake ID) Violation of your rights And more... --- > With the increased use of K-9 units in searches, many Florida residents have questions regarding their rights when it comes to ‘nosy’ police dogs during - Published: 2021-07-15 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/is-a-k-9-drug-dog-sniff-search-an-illegal-search/ - Categories: Crimes, Drugs, Evidence, Legal Advice, Police, Practice Areas, Probable Cause, Unreasonable Search & Seizure With the increased use of K-9 units in searches, many Florida residents have questions regarding their rights when it comes to ‘nosy’ police dogs during searches and seizures. Under the 4th Amendment, US citizens have rights regarding protection from ‘unreasonable search and seizure’. It could be argued that a drug detection dog or K-9 unit may violate such rights. If this is found to be the case in court, a motion to suppress any evidence discovered by the K-9 may be filed. However, this is a legal grey area of contention and may need to be argued in court. That said, law enforcement are still required to conduct a constitutional search and seizure and procedural failures prior to releasing a K-9 could invalidate any findings of the K-9 unit. For example, law enforcement are required to have ‘reasonable suspicion’ in order to pull a suspect over. If they fail to demonstrate probable cause, they need to have your permission to search the vehicle, including allowing the drug-sniffing dog to nose around the outside of your vehicle. Similarly, case docket Florida v. Jardines asserts that an officer needs probable cause prior to bringing a K-9 unit onto your porch or up... --- > We all know that driving a motor vehicle under the influence of drugs or alcohol can result in a DUI. But what about when navigating Florida’s waterways? - Published: 2021-07-07 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/can-you-get-a-dui-while-operating-a-boat/ - Categories: Criminal Defense, Drinking & Driving, Drugs, DUI, Florida Laws, Legal Advice, Practice Areas We all know that driving a motor vehicle under the influence of drugs or alcohol can result in a DUI. But what about when navigating Florida’s waterways? Turns out, the state has strict rules regarding the use of alcohol and other substances while operating a boat on open water. With summer in full swing, boat parties and afternoon excursions on the water are commonplace. These outings often involve the use of adult beverages and other substances as residents look to kick back and relax. Although it is not illegal for the owner of a boat to enjoy alcohol when out on the water, it IS illegal for the individual operating the boat to have a BAC (blood alcohol concentration) of 0. 08 or higher. Under Florida statute 327. 25, any individual operating a boat who is under the influence of drugs or alcohol can be charged with a BUI (boating under the influence). This charge isn’t just limited to alcohol intoxication, and extends to the use of prescription medication, illicit drugs and other substances that may alter physical capability, cognition or perception. If you have been charged with a BUI or have questions about the legality of drinking while boating,... --- > Those facing a felony charge, or who have already been convicted, usually have concerns about the long-term impact this may have on their lives. From - Published: 2021-06-30 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/how-long-does-a-felony-stay-on-your-record-in-florida/ - Categories: Crimes, Felony, Florida Laws, Legal Advice, Your Rights Those facing a felony charge, or who have already been convicted, usually have concerns about the long-term impact this may have on their lives. From employment background checks, to getting a loan, a felony on your record can have longstanding negative consequences. But how long does a felony stay on your record in Florida? There are two different things we need to look at here. The charge itself (regardless of a guilty or innocent verdict, and regardless of if it was dropped) A felony conviction A felony conviction in Florida will stay on your permanent criminal record for life. There are, however, a few exceptions, albeit less likely. A felony conviction may be removed if you receive a pardon by the Florida State Governor or the President of The United States. In Florida, those accused of a felony can also be ‘guilty’ without actually being convicted in court. In such circumstances, a defendant can apply to have their records either sealed or expunged. Expungement: A potential opportunity in cases where charges were made but not filed, made them dropped, dismissed, nolle prossed, or when a defendant was found not guilty after a trial. Expungement does not remove the felony charge... --- > Wrongful arrest, also commonly referred to as ‘false arrest’ or ‘false imprisonment’ is legally defined as a situation when someone (police or otherwise) - Published: 2021-06-23 - Modified: 2024-11-05 - URL: https://germainlegal.com/blog/what-is-a-wrongful-arrest/ - Categories: Arrested, Criminal Defense, Legal Advice, Police, Probable Cause, Wrongful Arrest, Your Rights Wrongful arrest, also commonly referred to as ‘false arrest’ or ‘false imprisonment’ is legally defined as a situation when someone (police or otherwise) holds you against your will or takes you into custody. When Does a Wrongful Arrest Occur? A false arrest happens when a third party (usually law enforcement) restricts or limits another individual’s freedoms and restricts their physical ability to leave, holding them in custody or imprisoning them against their will and without their consent. If you have been detained, arrested or held against your will you may be wondering if that action was lawful. The most important difference between a ‘wrongful arrest’ and a lawful arrest is that with a wrongful arrest there is no legal justification to have made the arrest in the first place. What are the Elements Needed to Prove a Wrongful Arrest? The party accused of making the wrongful arrest intended to confine the wrongfully arrested by confining their person The individually wrongfully arrested was conscious of the confinement they were under The individual wrongfully arrested did not consent to such confinement, and; The confinement was not otherwise privileged Wrongful Arrest and Probable Cause In order for there to be a lawful arrest,... --- ---