Trespassing occurs when one, without being authorized, enters or remains in any structure or conveyance, or after being invited is warned by an authorized person to depart, and refuses to do so.
A trespassing charge can be enhanced if there is a human being in the structure at the time of the trespass, the property is school grounds, or the offender is armed.
Often times there are issues with this charge as to whether a proper warning was given, whether a clear refusal was made, whether an authorized person made the warning, and whether the location of the alleged offender was unauthorized. Contact the Rickman Law Firm and we will work through the facts of your arrest to determine whether or not the State of Florida can support each element of the crime with the facts of your arrest.
Disorderly Conduct occurs when one commits an act that is of the nature to corrupt the public morals, outrage a sense of public decency, constitute a breach of the peace, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting.
Often times a person is arrested under this charge and First Amendment issues arise. Despite its interpretation as “corrupt” or “indecent” profane and indecent speech is protected. Taracks Wetter Gomez will review the facts that lead to your disorderly conduct arrest and determine if the “act” or “statement” is protected by the United States Constitution or otherwise defendable under Florida Law.
Selling Alcohol to Underage Persons and Underage Possession of alcohol are two of the most common alcohol offenses. Selling alcohol to an underage person is a second degree Misdemeanor and if convicted, the court can revoke or suspend the driver’s license of a person, unless they were acting as a license. A licensee has a complete defense to the crime if the person falsely evidenced that he or she was of legal age and the appearance of the person was such that an ordinarily prudent person would believe him or her. Additionally if the underage person misstates their age for the purpose of obtaining alcohol then they can be charged with a second degree Misdemeanor.
If an underage person is found to be in possession of alcohol then they will be charged with a second degree misdemeanor if it is their first offense and a first degree misdemeanor if it is their second offense. If the person is under 18 years old at the time of the arrest, and is subsequently convicted, then their driver’s license is automatically revoked.
Solicitation / Prostitution
A solicitation or prostitution charge can be embarrassing and damaging to not only the arrestee but also his or her family. Contact the Attorneys at Taracks, Wetter, Gomez to evaluate the facts surrounding your arrest and determine what legal defenses or mitigating circumstances are available to support your defense.