Jennifer Waggoner, Author at Orlando Criminal Team

Is It Kidnapping If It’s Your Own Child?

Jennifer Waggoner on October 24, 2016

It’s an unfortunate fact that many custody disputes end up with a child in a sort of tug-of-war between parents. Children cannot be split in two, and one parent loses. Depending on the relationship between the adults and the feelings that surface, one parent may decide to not return the child after visitation, take the child out of state, or even leave the country. Can a parent be charged with kidnapping their own child? The answer is “yes.”

Most states do not have a specific penal code for parental kidnapping. Instead, the crime is covered under general kidnapping laws. Whether or not a parent is charged with kidnapping will depend on three factors.

1. The legal status of the parent

2. Any court orders dictating custody

3. Intent of the parent

If there is no order in place by the court that dictates the custody arrangement between parents, each has equal access and rights when it comes to the children. If neither party has filed for divorce, either parent can exercise custody. If a parent, for example, decides to take their child out of school for the day and leave on vacation, they are well within their rights to do so. It may frustrate the other parent, but it is legal.

On the other hand, if primary custody is granted to one parent and the other decides to leave with the child without notice or permission, it could be considered kidnapping. This is especially true if the court has made a determination as to how custody is to be handled and the rules that each parent must follow.

In some circumstances, the offending parent may not be charged with kidnapping. Instead, they may be charged with contempt of court or interference of custody. Family law court will ultimately make this determination. Parents who have any questions with regards to the legal custody of their children are urged to contact their attorneys before making any decisions as to how they will exercise their rights.

If you are charged with a crime in Orlando and need assistance, reach out to our team of criminal defense attorneys as soon as possible. We will help you schedule an appointment for a free case evaluation, at which time we will discuss the details of your case and advise you of your options.

Information About Hate Crimes in Florida

Jennifer Waggoner on October 14, 2016

In the state of Florida, hate crimes are as recognized those that are based on bias or prejudice against a protected class of people. Classifying a crime as a hate crime is based upon the motivation of the person who stands accused of the crime. The nature of the crime is not in play. It may be a burglary or an assault or worse. It is the motivation behind the crime that turns its classification into that of a hate crime.

Local police departments and other law enforcement agencies have adopted a zero tolerance stance when it comes to hate crimes. These crimes are investigated as serious no matter the circumstances. Prosecutors are eager to bring accused criminals to justice, but may be even more eager when those crimes have a basis in hatred towards a victim’s race, ancestry, religion, sexual orientation, color, ethnicity, national origin, disability or advanced age.

When hate crimes are investigated, law enforcement will look for evidence. This may include statements made by the accused, any utterances made during the commission of the crime, the use of symbols associated with a prejudice, the nature of the offense and any affiliation with hate groups. In the event that the crime is classified as a hate crime, law enforcement is required to report certain details to the Florida Department of Law Enforcement.

Being convicted of any crime brings penalties. Being convicted of a hate crime means that the accused is subjected to harsher penalties. Having a crime reclassified as a hate crime is not to be taken lightly. When law enforcement believes that a person has committed a crime against another simply because of the victim’s race, religion, sexual orientation or other identifier, the crime and its investigation is taken extremely seriously.

If you or a loved one has been accused of a crime in Orlando and it is alleged that the crime was committed based on bias or prejudice, you need an experienced criminal defense attorney as soon as possible. Call our office today and schedule your appointment for a free case evaluation. Our team is here for you and we will defend your rights using the knowledge we have of criminal statutes and the local court system. Call today for assistance.

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Was It Grand Theft Auto or Just Joyriding?

Jennifer Waggoner on October 7, 2016

The crimes of grand theft auto and joyriding seem similar. In fact, they are similar, but there is a distinction between the two that people need to be aware of. The difference between the two crimes? The amount of time the person who took the vehicle intends to keep it.

Joyriding is the act of taking the vehicle of another with no intent of depriving the owner of their vehicle permanently. Grand theft auto, on the other hand, is when someone takes a vehicle with the intent of keeping it, selling it or otherwise depriving the owner of their car or truck permanently.

Knowing Intent

It can be difficult to discern the intent of a criminal, but the way in which the vehicle was recovered may offer some clues. One of the most common examples of joyriding is when a teenager takes a car without permission. It is typically clear that the child intends to return the car before anyone notices that it is gone.

Grand theft auto is typically charged when the vehicle is located at a sale, a chop-shop or still in the possession of the person who took it. It is logical to believe that the taking of a car in this type of situation is not a simple act of joyriding.

The Charge

Whether a person is charged with a misdemeanor or felony varies from jurisdiction to jurisdiction. Grand theft auto is normally charged as a felony, while joyriding can be charged as either a misdemeanor or a felony. No matter how a person is charged, both of these crimes can have a very real impact on a person’s future.

If you or a loved one has been charged with carjacking in Orlando, you need the experience of a qualified criminal defense attorney on your side. Reach out to our team of attorneys today and schedule an appointment for a free case evaluation. We will sit down with you, review the details of your case and advise you of the options you have under current Florida law. Call today for assistance.

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What is Kratom, and Why Is It Being Outlawed?

Jennifer Waggoner on October 5, 2016

People who believe in the herb kratom say that it offers relief from anxiety, pain and depression. Scientists say that the herb may hold the key to helping people kick addiction to opioid medications and treat chronic pain. The Drug Enforcement Agency says that is an imminent hazard to public safety.

Last month, the DEA made an announcement that it would be including kratom on the Schedule 1 list, right alongside LSD, ecstasy and marijuana. But why?

According to the DEA, kratom has no current medical use and a high potential of abuse. Proponents of the herb are outraged. People have rallied in front of the White House as a result of the announcement, and a petition circulated garnered 124,000 signatures.

Among those attempting to reverse the decision are research scientists. While arguments are being held, people who currently use the herb are rushing out to purchase as much as they can before it becomes illegal.

What Is Kratom?

Kratom has been used for centuries to relieve pain. A tropical tree found in Southeast Asia, kratom can be eaten raw, but it more typically crushed and put in capsules or brewed as a tea.

When taken in low doses, the herb is a natural stimulant. In large doses, kratom acts as a sedative. According to the CDC, there were multiple cases of non-life threatening symptoms requiring some form of treatment between the years of 2010 and 2015. The DEA says there have been at least 15 deaths caused by an overdose of the herb between 2014 and 2016.

What’s Next?

There is currently no official discussion between the DEA and anyone else to reverse the decision to classify the herb as a schedule 1 substance. The decision is temporary. The agency will work in conjunction with the FDA for the next three years in an attempt to make the decision a permanent one.

If you or a loved one has been accused of a drug crime in Orlando or the surrounding area, call our office. A member of our team will review the details of your case at no cost to you and advise you of your options. Call today or browse our website for more information about our firm.

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How a Criminal Case Works in Florida

Jennifer Waggoner on September 30, 2016

When you are facing criminal charges, you undoubtedly have questions. What is going to happen to you? What do you do next? If this is your first arrest, it is reasonable to assume that you don’t know what to expect. Here is a brief outline of the process of a criminal case in the state of Florida.

Arrest

Most criminal cases begin with an arrest. A police officer has probably cause to believe that you committed a crime and place you under arrest. In some cases, charges may be filed against you as the result of an investigation by the State Attorney.

Booking

After you are arrested, you will be taken to a booking area. Your possessions will be inventoried, your information taken and you will have a booking photo snapped.

First Appearance

If you are not bailed out, a judge will review your bond within 24 hours. This is a First Appearance or Advisory. The judge can set your bond provided that it is appropriate for the charges levied against you. During this hearing, you will be advised of the charges and restrictions that are a part of your bond.

Arraignment

An arraignment is simply an opportunity for you and your attorney to enter a plea. Your attorney will typically advise you to enter a not-guilty plea. You may or may not have to appear at the arraignment in person. Your attorney will advise you of this.

Formal Charges

Once the prosecutor believes that they have enough evidence to win their case, they will file Information (formal charges). The charges may be different than what is listed on the official arrest report.

Discovery

A Notice of Discovery is optional but are filed in most cases. This is a formal query by your attorney for the prosecutor. Your attorney is seeking to obtain any evidence that has been collected against you. In addition, your attorney must share the information they have gathered.

Pretrial

The prosecutor and your attorney will discuss the case. This may include an attempt to strike a deal that will help you avoid a trial. This is encouraged by judges who do not want to add to an already overloaded court docket.

Trial

If a plea deal is not offered or accepted, your case will move to trial. It is during a trial that evidence will be introduced and testimony taken. Your trial may be in front of a jury of your peers or a single judge.

Sentencing

If you are found guilty at your trial, you will move on to sentencing. If you were charged with a misdemeanor, you will be sentenced as soon as you are found guilty. If you are being convicted of a felony, your sentencing will typically occur at a separate hearing.

If you have been charged with a crime in Orlando, we understand that you have questions. Each criminal case is unique. Call our office today and schedule an appointment for a free case evaluation. We will answer your questions and help you determine your best course of action.

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You Can Be Arrested for Domestic Violence Without Victim’s Cooperation

Jennifer Waggoner on September 28, 2016

It seems to make sense that in order to be arrested and charged with a crime, there must be a victim. Crimes like assault, burglary and even domestic violence require that a victim come forward, make a complaint and press charges. Or do they?

In the state of Florida, you can be charged with domestic violence even if the victim is adamant that they don’t want to press charges. Some people find themselves on the wrong side of a law after an argument, even if there is no evidence of injury and the victim doesn’t want you arrested. Here’s how.

In our state, prosecutors can put someone on trial for domestic violence According to a case dating back to 1999, the “decision to prosecute does not lie with the [alleged] victim of the crime.” The State Attorney’s Office can file charges against a person provided the office believes it has enough evidence to prove its case.

Many states have enacted rulings such as these in order to protect victims. Before such rulings were made, victims of domestic violence would often decline to press charges or testify out of fear. To ensure that people who committed these crimes of violence were brought to justice, it was determined that as long as there was enough evidence, prosecutors could move forward without a victim’s cooperation.

It is incredibly important that anyone charged with domestic violence hire an attorney as quickly as possible. Many neglect to do so, believing that the charges will be dropped because the “victim” has no intention of filing charges. Do not make this mistake.

If you have been charged with domestic violence in Orlando or the surrounding area, call our office today. We will schedule an appointment for your free consultation. Let our experienced attorneys help to make sure that you are treated fairly and justice is served.

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Overdoses in Florida are Spiking

Jennifer Waggoner on September 26, 2016

Florida is quickly joining a national pandemic. Toxicologists, epidemiologists and law enforcement officials are warning the public: The drugs you are buying on the street may not be what you think they are.

Across the country, people are dying of overdoses in record numbers. Heroin is being laced with fentanyl, and people are not always aware. In some cases, heroin isn’t being sold at all. Drug dealers are supplying pure fentanyl and it is killing its victims. Medical examiners have said that Florida has seen a doubling of fatal overdoses thanks to this synthetic pain killer.

In South Florida, heroin deaths rose by 100 percent in Miami-Dade, by nearly 200 percent in Broward, and Palm Beach saw a rise in deaths of more than 400 percent. The data was taken from the first half of 2015. This year, the numbers are just as startling.

But what is fentanyl? The synthetic drug is a prescription pain killer. It can be 50 times as potent as heroin. In hospitals, it is often used in transdermal form, placed on patches that are then attached to the skin. In other cases, it is injected before a procedure. In the street, it is being used to cut heroin and heighten its effects. Unfortunately, the people that are cutting the drugs have no real working knowledge of dosages or even who will ultimately be buying their product. There is little doubt that people are truly taking their lives in their own hands when they choose to purchase heroin in today’s society.

Users who combine heroin and fentanyl, whether knowingly so or not, experience a euphoric high that is more intense than that realized with heroin alone. What happens, ultimately, is that people stop breathing. When given this type of narcotic, the body begins to lose its natural desire to take in oxygen.

The pandemic is reaching outrageous levels throughout the country and in South Florida particularly. Public health officials have issued multiple warnings, but these warnings may not be heeded by many. Sadly, people are paying with their lives.

If you have been arrested for a drug crime in Orlando or the surrounding area, please reach out to our attorneys. We will schedule a free case evaluation where we will advise you of your options. Call today to schedule your appointment.

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What You Should Expect From a Criminal Defense Attorney

Jennifer Waggoner on September 23, 2016

You have been charged with a crime and placed under arrest. One of the first things you do after you are released is start looking for a criminal defense attorney. You know that this may be your only chance for a positive outcome. But just what should you expect from an attorney?

1. Your Involvement

Some attorneys appreciate a client who is actively involved in their own case. Other attorneys prefer that their clients sit back and try to relax, taking a back seat so-to-speak. How you feel about this should weigh heavily on the choice of attorney you make. If you want to be actively involved, find an attorney who welcomes this. If you would prefer that your attorney do all the work, make that be known.

2. Investigating

An attorney who takes the time to investigate all avenues will be more expensive than one who relies only on your side of the story and a police report. Ask the attorney you are considering whether or not they will be consulting expert witnesses, having you undergo any evaluations or investigating deeper into your case.

3. Communication

There should be an open line of communication between you and your attorney. While you cannot reasonably expect your attorney to drop everything to return your tenth phone call, you should expect a response in a reasonable amount of time. You should also find an attorney who isn’t afraid to give you bad news. An attorney who only tells you what you want to hear may be keeping something from you.

4. Honesty

Along those lines, an honest attorney is important. Telling the truth is not always pleasant, but you should expect the truth from the person you are paying to represent you.

5. Counsel

You are paying your attorney to represent you in court, but you are also paying for their advice. Expect your attorney to provide counsel along the way and help you make decisions that will effect not only the outcome of your case but your future.

6. Options

A criminal defense attorney should be able to provide you with options and strategies. They should work with you to make choices that will positively effect your case’s outcome. Decisions should ultimately be yours to make.

If you have been charged with a drug crime in Orlando, you need an experienced criminal defense attorney you can trust. Call our office today and schedule an appointment for your free case evaluation.

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Types of Ammo You Can Legally Use

Jennifer Waggoner on September 16, 2016

Gun control is a heavy topic. Most people stand very strongly on one side or the other and are happy to argue their point vehemently. While discussions of gun control typically center around the ability to buy, sell and own guns themselves, few discussions revolve around ammunition.

Bullet control is an idea that may not be talked about, but is definitely something that legislatures have strongly considered. There are several types of bullets that are not legal to possess or use in different states because they are not seen as having any sporting value.

Which Bullets Are Illegal?

Armor piercing bullets are illegal in over 20 states. Some find it surprising that these bullets are even illegal in Texas. The states that have deemed these bullets illegal have done so because hunters have no need to pierce armor. According to many, outside of the military, the only use for these bullets is to kill police officers.

Some states, like Connecticut and California, have also banned large caliber ammunition and exploding ammunition. States ban bullets, and they also attempt to control things like the size of magazines people can use.

Named Bullets That Are Illegal

Aside from the armor piercing bullets mentioned above, the following are illegal:

Dragon’s breath. This bullet is illegal in Iowa, Illinois and Florida. It is designed for shot guns and shoots flames and sparks 100 feet or more.
Flechette bullets. These are illegal in Illinois, Florida and California. They shoot dart-style bullets or metal wires.
Hollow nose. These expand upon impact and are illegal in New Jersey.
Bolo ammunition. This type of ammunition consists of projectiles with a connecting wire. After firing, the wire wraps around its target. The ammunition is illegal in Florida and Illinois.

Being able to own and use a weapon doesn’t always mean that you can use it in any way you like. Even if you are carrying a legal weapon, using any of the above ammunition can get you in trouble.

If you have been arrested for a gun crime in Orlando, call our team of attorneys. We will review your charges and the details surrounding your arrest at no cost to you. Do not attempt to fight for yourself in court. You need an experienced attorney to do it for you.

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Is an Attorney Really Needed for a Shoplifting Charge?

Jennifer Waggoner on September 14, 2016

You were in the store. There was something you wanted. It was just a small thing. You didn’t have money for it, so you took it. Did you do a terrible thing? The answer to that question depends on who you ask but one thing is for sure: If you got caught, you are looking at a criminal case that could turn into a very big deal.

If you have been charged with shoplifting, you are facing consequences that you don’t want to risk. Many people think that they can defend themselves in court against shoplifting charges, especially when the item taken was not worth very much. Don’t make this mistake.

Don’t Defend Yourself

You wouldn’t operate on yourself because you didn’t go to medical school. You wouldn’t rewire your own home because you aren’t an electrician. Along these same lines, you didn’t go to law school, so don’t be tempted to defend yourself. The consequences of a shoplifting charge can extend beyond fines and jail time. Handled incorrectly and your charges could follow you for the rest of your life.

Legal Consequences of a Shoplifting Conviction

If this is your first charge, you may find yourself put on probation. It’s not exactly the end of the world. Unless, that is, you don’t abide by the terms of your probation. Let’s say you miss a meeting. Perhaps you miss a check in. Your once minor punishment can turn into something you don’t want to deal with quite quickly.

If you have a criminal past, a minor shoplifting charge can be a major headache straight away. Depending on the state you are in, your past convictions can be used against you, despite your misdemeanor charges this time around.

Consult with an Attorney

You owe it to yourself to at least consult with an attorney. Most will talk to you for free or for a very minimal fee. Even if you think your charges are minor, an attorney can provide you with advice that can help you. If it’s free, what have you got to lose?

If you have been caught shoplifting in Orlando, call our office today. We will speak to you at no cost and advise you of your options. Call now or browse our website for more information about how we can assist you.

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Six Months Without "10-20-Life": What’s Changed?

Jennifer Waggoner on September 5, 2016

Earlier in the year, in February to be exact, a new law repealed Florida’s much maligned 10-20-Life law. Senate Bill 228 repealed the sentencing mandate, once again giving judges the freedom to hand down sentences based upon a crime, the criminal and unique circumstances. The regained discretion was welcomed by judges and attorneys alike.

We are now six months beyond the repeal, and those charged with gun crimes are getting a day in court that is fair. If you were not familiar, the 10-20-Life law forced judges to sentence a person to 10 years in prison if they displayed a gun. A person who fired a gun was sentenced to 20 years. If a person was wounded, the shooter was sentenced to 25 years or more (the equivalent of life).

When 10-20-Life was imposed, over 15,000 people were sentenced under its guidelines. Sadly, the law did not differentiate between people who fired guns into the air as warning shots and people who fired at others. For example, Orville Lee Wollard III, was sentenced to a mandatory 20 years after firing a warning shot in his own home intended to scare off his teenage daughter’s boyfriend.

Those people sentenced under the old law were not affected by its repeal. Those already in prison under the strict law must serve the remainder of their time. For those moving forward, however, mandatory jail sentences are no longer issued. This is good news for first-time criminals and those who were not attempting to commit a crime when they brandished or shot their weapons. It also makes it possible for a judge to determine if someone should be given a second chance.

If you or a loved one has been charged with a gun crime in Florida, you do not have to worry about the 10-20-Life law, but you do have a right to be stressed about your future. Florida is still tough on gun crimes and mounting a strong defense is your best option. Call our team today for a free case evaluation and let us tell you how we can assist you. We have years of experience in defending those accused of gun crimes. Let us put our knowledge to work for you.

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Social Media Threats Keep Students Out of School

Jennifer Waggoner on August 22, 2016

On August 18, close to 1,000 students were absent from three Orange County schools as social media threats kept them home. Four schools phoned parents and guardians telling of the threats, but only three schools saw high rates of absences.

According to the Orange Police Department, Orange County Sheriff’s Office and the FBI, a man posted several messages on Twitter that were threatening in nature. Pipe bombs and the shooting of students were mentioned in the tweets. The law enforcement agencies were working together to investigate the threats.

Jesus Henry Kong, 23, a rtransient also known by the names Jessie Eloah Calix and Jesus Matute has been named as the man who posted the threats. He has been known to live in Maryland, Florida, Virginia and California. Law enforcement officials say that the man has a history of encounters with officers.

One of the tweets said, “I want to shoot a few (kids) at Liberty Middle School. I dislike homosexuals…”.

Law enforcement officials everywhere ask for public cooperation when threats such as these are posted on social media. If you see such threats, do not assume that they are not serious. Once the police are made aware of threats to schools and students, they can investigate and determine whether the threats have merit.

If keeping your children at home is something that you feel is safe, it is certainly your prerogative. That said, law enforcement officials will typically advise if they believe that it is in the best interest of families to keep their students home due to threats. In this case, students who stayed home did so of their own accord or at the suggestion of their parents. Police officials have said that they did not believe the threats to be credible.

If you have been arrested and need assistance with criminal defense in Orlando, call our office. A member of our team will review the details of your case at no cost to you and advise you of your options. Call now for assistance or browse our website for more information about the types of cases we handle.

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