A stalker does not just have to be a creep hiding in the bushes or following 3 cars behind you everywhere you go. A stalker does not have to wear all-black clothing and have a bag full of spy gear. Often people can be accused of stalking for sending unwanted gifts or trying to contact an ex who does not want to be contacted. A situation can quickly be blown out of proportion if the other person doesn’t like your actions and you can find yourself facing a stalking or voyeurism charge.


As stated in Florida Statute 784.048, stalking means “A person who willfully, maliciously, and repeatedly follows, harasses (acts causing a person severe emotional distress), or cyberstalks another person.” Here, stalking will require a course of conduct, meaning a person will commit a series of acts, such as following you to work every day, making never-ending phone calls, or sending you items, and performing these acts with a purpose. Stalking is a 1st degree misdemeanor, and if convicted, you can be sentenced up to 1 year in jail or probation and a $1,000 fine. A stalking charge is increased to a 3rd-degree felony if:

If you have ever been arrested for a crime and taken before a judge, you know that you are attending an arraignment hearing. An arraignment hearing is where you (and your attorney if you have retained one) enter a plea. We have all seen in the movies where the defendant stands up before the Court and pleads ‘guilty’ or ‘not guilty’ for the crime committed. In real life, everyone needs to plead not guilty at this time because if you pled guilty, a judge would sentence you immediately and you may not know what the judge’s sentence will be. At a later time, after the evidence is reviewed, you may choose to change your plea to nolo contendere (no contest) or guilty. For the purposes of this article, we will discuss what happens when you plead guilty or nolo contendere. Additionally, we will explain how a nolle prosequi could affect your status.

1) Pleading Guilty

This option is fairly obvious. When pleading guilty to the crime you are being charged with, you are admitting that you committed the crime. Oftentimes, a guilty plea comes about when the prosecution offers a plea deal for a better sentence if you plead guilty to the charges. Remember from the above paragraph you do not plead guilty at arraignment and you should have the evidence reviewed prior to changing your plea to guilty.

Your Second Amendment rights provide each individual the right to bear arms to provide for common self-defense. The question is, are there limitations? The Supreme Court, while granting the right to bear arms to individuals, still provides restrictions so the United States does not turn into the Wild West. Florida follows the Supreme Court’s ruling allowing individuals to bear arms and places restrictions on its citizens to ensure the safety of its citizens. It is required to have a concealed carry permit or you can be arrested for carrying a concealed firearm. However, concealed carry permits are not necessary for every situation.

Florida has certain requirements to obtain a concealed carry license. Those requirements include:

  • Being at least 21 years old (unless in the armed forces).

If you are questioned by a law enforcement officer on the street after being pulled over in a vehicle, it is not uncommon to be nervous. Depending on why you are being pulled over just may persuade you how you will answer when questioned by police. Imagine driving on I4 enjoying your afternoon, and then you see blue and red lights flashing behind you. You pull over to the side of the road and the police officer walks up to your side of the window. You begin panicking for various possible reasons; your license is suspended, you have a firearm in the car, a warrant out for your arrest, or you even have drugs in the car. Now, how you respond to the officer’s questioning may affect if you are charged with providing false information to law enforcement. A charge of providing false information to law enforcement results from lying to law enforcement.

Under Florida law, Section 837.05, states that “a person who knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree.” If this is your first offense, for False Information it is a first-degree misdemeanor. If convicted, can result in penalties of up to 1 year in jail or 12 months of probation, and up to a $1,000 fine. A second offense for providing False Information is classified as a third-degree felony, with possible penalties of up to 5 years in prison or 5 years of probation, and up to a $5,000 fine. In addition, a person who knowingly provides false information concerning a Capital Felony commits a felony of the third degree which may result in penalties of up to 5 years in prison 5 years of probation, and a $5,000 fine.

In order to be convicted of providing false information to law enforcement the prosecution must establish two elements beyond a reasonable doubt. To establish that the accused provided false information the state must prove that the accused knowingly and willfully gave false information about an alleged commission of a crime to a law enforcement officer.

An officer walks up to you and tells you she has a reasonable belief that you have drugs on your person. You allow her to search your pockets and she comes up with cocaine. She places you in handcuffs but when she asks you to sit on the sidewalk while she calls another officer, you refuse. She tells you again to sit on the sidewalk and you once again refuse. Regardless of your intentions on why you do not want to sit on the sidewalk, the officer charges you with possession of cocaine and resisting arrest without violence.

Law enforcement officers have protections strictly enforced regarding how individuals will react when getting arrested. Because officers are placed in unknown danger when arresting an individual, not knowing how a person will respond when stopped, questioned, or placed in handcuffs, Florida created Statutes 843.01 and 843.02 to provide definitions and legal convictions should you be charged with resisting arrest without violence or with violence.

Under Florida Statute 843.02, resisting an officer without violence examples include: not obeying commands, refusing to be placed in handcuffs, refusing to sit on the ground when asked, or trying to escape being arrested. Even verbal actions, such as warning another person so they are not arrested are considered grounds for charging you with resisting arrest. If charged with resisting without violence, that constitutes a 1st-degree misdemeanor, resulting in jail time or probation for up to 1 year and a fine of up to $1,000.00.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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