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.
McDaniels v. State Changes Florida Gun Law — Updated December 2025 UPDATE: Open Carry Is Now the Law in Florida The Attorney General has declined to appeal the McDaniels ruling. Open carry, subject to location restrictions, is now legal statewide. Florida’s gun laws have changed. On September 10, 2025, the First District Court of Appeal…
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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…
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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…
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State v. Kilburn demonstrates why machine maintenance records prove critical when challenging DUI breath test evidence in Florida KEY RULING: COURT EXCLUDES BREATH TEST RESULTS In State v. Kilburn, Marano, and Depauw, the Florida Second District Court of Appeal upheld a trial court ruling that threw out Intoxilyzer 8000 breath test results. Specifically, the machine…
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Three Requests for a Lawyer—Police Kept Questioning Anyway Snowden v. State, No. 1D2023-1998 (Fla. 1st DCA July 2, 2025) Case Summary: Snowden v. State Charge: First-degree murder Miranda Violation: Defendant asked for lawyer three times; police continued questioning after each request Holding: All three requests were clear and unequivocal. Officers failed to stop interrogation as…
Continue reading ›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…
Continue reading ›When the Judge Stops Judging: Can AI Replace Judicial Decision-Making? Attorneys using artificial intelligence to write motions is no longer news. For many, it’s just another tool to manage time, streamline research, and refine legal writing. After all, attorneys are only human. But what happens when that same logic is applied from the bench? What happens…
Continue reading ›Disney Cruise Overboard Rescue: Laws That Matter When a Father Jumps In to Save His Child A breathtaking act of love unfolded during the recent Disney cruise overboard incident, as a father leapt from the Disney Dream into the open sea to save his young daughter. With no hesitation, he dove overboard—a moment that left…
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If you’ve received an email from Google, Apple, Microsoft, or another platform notifying you that your account information was requested by law enforcement in Florida, you are not alone. These notifications often raise urgent questions: Is this a scam? Am I under investigation? What did law enforcement request? At The Brancato Law Firm, P.A., we…
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Being charged with first-degree murder in Tampa is as serious as it gets. Whether the allegation involves premeditated murder or felony murder, the penalties are extreme and the legal process is unforgiving. You need a specialized attorney that handles first degree murder cases in Tampa. At The Brancato Law Firm, P.A., we understand how quickly…
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