Brancato Law Firm, P.A. Recent Blog Posts

When you go to a fair, concert, or sporting event, you often see people waving lighted cones to direct you into their parking lots. Many drivers pull in right away. The problem is, those early stops often lead to the worst spots at the highest prices. People who drive a little further—or who know the…

In Gonzalez Garcia v. State (No. 4D2025-0471, Sept. 3, 2025), the Fourth District Court of Appeal reversed a written probation condition that conflicted with the oral pronouncement. As a result, the decision shows how a Florida probation conflict can unfairly expand conditions beyond what a judge actually ordered. Case Background: Probation After Reduced Charges The…

Stand Your Ground Immunity in Florida: Palm Beach Murder Case Dismissed The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity in Florida to a Palm Beach defendant charged with second-degree murder. In Spencer v. State (4D2025-0023), the court ruled that prosecutors failed to disprove self-defense by clear and convincing evidenceOpinion_2025-0023. This…

The Noem v. Vasquez Perdomo Supreme Court immigration case is already shaping the national debate over immigration enforcement and constitutional rights. On September 8, 2025, the U.S. Supreme Court granted the federal government’s request to pause a lower court ruling that had blocked immigration raids in Los Angeles. This emergency order has immediate consequences for…

Florida’s gun laws may be changing. On September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025) issued the Florida open carry ruling 2025, striking down the state’s ban on openly carrying firearmsOpinion_2023-0533. But before you strap on a holster, there’s an important detail: this ruling is…

Will a child adjudicated delinquent of a sex charge face juvenile sex offender registration in Florida? If your child is in juvenile court for a sex offense, you need clear answers now. Under Florida Statute 943.0435, certain juvenile adjudications can trigger sex offender registration—even when the case stays in juvenile court. This guide explains when…

Case Update: Thomas Andrew Vana, Jr. v. State of Florida, Case No. 6D2023-2407 (Fla. 6th DCA Sept. 5, 2025) On September 5, 2025, the Florida Sixth District Court of Appeal issued a decision in Thomas Andrew Vana, Jr. v. State of Florida that directly addresses enhanced penalties under drug laws. This Florida drug conviction reversed…

Why Breath Test Machine Maintenance Matters When police arrest someone for DUI in Florida, prosecutors often rely on the Intoxilyzer 8000. If the Intoxilyzer is not properly maintained, however, its results can be excluded. That can mean the difference between a conviction and a dismissal. The Case of Unauthorized Intoxilyzer Repair In State v. Kilburn,…

A Florida appeals court recently overturned a murder conviction because police ignored the suspect’s Miranda rights when he made a clear request for a lawyer. The First District Court of Appeal’s decision in Snowden v. State, No. 1D2023-1998 (Fla. 1st DCA July 2, 2025), highlights a core constitutional protection—your right to legal counsel. Tampa Bay Case Shows…

Florida Sex Crime Conviction Reversed for Failure to Sever A Florida sex crime conviction reversed by the Fifth District Court of Appeal shows how trial strategy can decide the outcome. In Sandoval v. State (June 27, 2025), the court ruled that a defense attorney’s failure to move to sever unrelated charges could entitle the defendant…