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.
Since July 13, 2026, Florida Rule of Criminal Procedure 3.190(g) governs motions to suppress both physical evidence and statements. Here is how the motion, the evidentiary hearing, and the common grounds work in Hillsborough, Pinellas, and Pasco Counties.
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A former public defender can bring years of felony trial work and local courthouse knowledge to your case, but the title alone proves nothing. Here is what the experience builds and the six questions to ask before you hire.
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Yes. Under section 316.6135, Florida Statutes, leaving a child younger than 6 alone in a vehicle for more than 15 minutes is a second-degree misdemeanor, and it becomes a third-degree felony if the child suffers great bodily harm. When a child is seriously hurt or dies, Florida prosecutors can also charge child neglect or aggravated…
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In Florida, a “hate crime” is a penalty enhancement added to another charge. It is not a separate offense. Under section 775.085, Florida Statutes, any misdemeanor or felony moves up one degree if the State proves the defendant intentionally selected the victim because of race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status,…
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Rewrite/update date: October 13, 2026. Originally published in October 2025. Yes. Florida prosecutors can use photos, posts, and messages from your phone or social media accounts, including content you deleted, when a forensic examiner recovers it and the State shows it is authentic and connected to the charged crime. Deleting content after you know police…
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Rewrite/update date: October 13, 2026. Originally published in April 2025. A prison releasee reoffender (PRR) in Florida is a person who commits or attempts a violent or burglary-type felony listed in section 775.082(9), Florida Statutes, within three years after release from a prison sentence. If the State Attorney seeks the designation and proves it, the…
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Rewrite/update date: October 13, 2026. Originally published in December 2025. Your lawyer must object at trial in Florida because an appeals court can reverse a conviction only for a prejudicial error that was preserved in the trial court or that rises to fundamental error. Under section 924.051, Florida Statutes, an issue is preserved only when…
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Usually yes, but not always. If you threw drugs or a gun before police seized you, such as while walking away or running, Florida courts treat it as a voluntary abandonment and the evidence comes in even if the officer had no lawful reason to stop you. If you had already stopped and submitted to…
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Yes, inside their own jurisdiction. An off-duty Florida officer keeps full arrest power within the agency’s territory, including while working a paid security detail. Outside it, past the city limit for a police officer or the county line for a sheriff’s deputy, the officer can arrest only through fresh pursuit, a written mutual aid agreement,…
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Rewrite/update date: October 13, 2026. Originally published in February 2025. If you missed a court date in Tampa, the judge will usually issue a capias, a court order that lets any officer arrest you. The fastest fix is for a defense attorney to file a motion to withdraw the capias and get you before the…
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