Florida’s open carry ban fell in McDaniels v. State. Where you still cannot carry a gun, who is still prohibited, the under-21 rules after Eubanks, and how our attorneys defend gun charges.
Continue reading ›From First DUI to Death Penalty
Welcome to The Brancato Law Firm, P.A. blog, where our expert insights, updates, and strategies on criminal law help you understand your rights and defense options in Tampa Bay and beyond.
Florida’s open carry ban fell in McDaniels v. State. Where you still cannot carry a gun, who is still prohibited, the under-21 rules after Eubanks, and how our attorneys defend gun charges.
Continue reading ›How retrograde extrapolation estimates BAC at the time of driving, what Florida courts say about it, and how a toxicologist and a reconstructionist won a DUI manslaughter acquittal.
Continue reading ›How Florida’s Intoxilyzer inspection and repair rules work, what State v. Kilburn held, what changed on July 1, 2026, and how our attorneys challenge breath test results.
Continue reading ›How Florida courts treat field sobriety exercises, when an officer can ask for them, what refusing means, and how our attorneys challenge roadside DUI evidence in Tampa.
Continue reading ›Speed alone often is not reckless driving in Florida. What the State must prove, the penalties, and how our attorneys fight and reduce reckless driving charges in Hillsborough County.
Continue reading ›Not on their own. In Florida, the State Attorney’s Office makes the final decision, and Florida Statute 741.2901, the domestic violence pro-prosecution law, lets prosecutors proceed “over the objection of the victim, if necessary.” In practice, the alleged victim carries great weight. Without the victim’s testimony, a domestic violence case is hard to prove unless…
Continue reading ›A drug recognition expert (DRE) is a police officer trained to decide whether a driver is impaired by drugs rather than alcohol, and which of seven drug categories is most likely responsible. In Florida, officers are certified through a program run by the Institute of Police Technology and Management at the University of North Florida.…
Continue reading ›If you have been falsely accused of a sex crime in Florida, stop talking about the allegation with anyone except a criminal defense attorney. Do not contact the person who made the accusation, directly or through anyone else. Preserve every text, photo, and account exactly as it is. Get a defense attorney involved before you…
Continue reading ›Constructive possession is how Florida’s drug law covers drugs that were not on the person charged, such as drugs in a car, a bedroom or a bag. Under Florida’s standard jury instruction, drugs are in your constructive possession when they are in a place you control, or in a place where you hid them. To…
Continue reading ›Updated October 2026 KEY TAKEAWAY Criminal defense attorney fees in Tampa range from roughly $1,000 with a newly licensed attorney to six figures or more with experienced counsel on serious charges. The cost depends on the severity of the charge, the complexity of the evidence, and the experience of the attorney. These are ranges, not…
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