COVID-19 Update: What We Are Doing to Protect Our Clients
Search

I was in need of money and told people I was raising money for a charity, but I plan to keep the money for myself instead of actually making the donation. Can I be charged with a crime?

The crime of wire fraud generally involves obtaining money, property, services, or something of value under false pretenses using electronic means of communication, including the internet, emails, text messages, social media websites, or wire transfers. Mail fraud is a similar offense, only the communications occur through the United States Postal Service or other carriers.

Wire fraud is illegal under both federal and Florida law. The Florida Communications Fraud Act criminalizes schemes to defraud, as described above. Under Florida law, a scheme to defraud is defined as “a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” In the situation described above, asking people for money for a charity while knowing that the money would not actually be turned over to that charity and instead used for other purposes would be an intentional scheme to defraud. Continue reading

If you have been accused of a crime and not yet retained an experienced criminal defense attorney, it is easy to become overwhelmed by the police’s demands to discuss the alleged charges. When you are unrepresented, police are more likely to employ illegal tactics to get a confession from you. These tactics include using violence, promises, or threats to force a confession. To best protect your rights, it is important to know how police can – and, more importantly, cannot – elicit a confession from you during their investigations.

Any confession made involuntarily cannot be used against you in court. However, not all involuntary confessions fall under this category. A forced or coerced confession has only occurred when the police have threatened to use, or have used, violence against the accused which directly lead to their confession. Some examples of this type of force include: Continue reading

Florida lawmakers have recently been focusing on increased efforts to combat the crime of human trafficking. The result of these efforts has been new legislation criminalizing a broad range of conduct most people don’t realize is connected with human trafficking. News headlines of human trafficking arrests have been increasing across the state, with many individuals facing lengthy prison sentences for these crimes.

Many people have difficulty distinguishing between the crimes of human trafficking and prostitution. The key difference is essentially consent or coercion. Prostitution criminalizes the exchange of sexual acts for money with consenting individuals. Human trafficking is considered by the Florida legislature to be modern-day slavery involving an element of coercion that isn’t present in prostitution. Human trafficking also includes trafficking individuals for labor or services.  Most prostitution offenses are misdemeanors, while human trafficking offenses are felonies carrying much harsher sentences. Continue reading

I recently wrote a check and knew at the time that I did not have enough money in my bank account to cover the full amount. I was hoping that I could add enough funds to my account before the check was cashed to cover it, but I wasn’t able to and now the check has bounced. I know that my bank will charge me overdraft fees, but can I also be charged with a crime?

The short answer is it is possible. Under Florida law, there are many ways you could potentially face criminal charges for check fraud. For example, it is illegal to write a check or use a debit card while knowing at the time that there are insufficient funds in your account. It is also a crime to cash or deposit a check into your account with the intent to defraud, forge checks, forge signatures or sign someone else’s name on a check, or otherwise alter a check and then deposit it into your account or cash it. Writing a check and then improperly issuing a “stop payment” order on it to prevent it from being cashed is also a crime.  Issuing a worthless check or debit card order is a misdemeanor of the first degree punishable by up to one-year imprisonment and a fine if the amount is less than $150. If the amount is $150 or more, it becomes a felony of the third degree, punishable by up to five years imprisonment and a more severe fine. Cashing or depositing a check with the intent to defraud is also a felony of the third degree. All are theft and fraud crimes. Continue reading

Posted in:
Updated:

The First Step Act, federal legislation for criminal justice reform, was just passed by the U.S. Senate. The First Step Act is aimed at reducing our country’s mass incarceration rates by reducing sentences and offering more programs to reduce recidivism rates. Under this act, federal judges will now have more discretion in bypassing mandatory minimum sentences, allowing them to give lighter sentences for non-violent drug offenses. Other sentencing guidelines have also been reduced, including the “three strikes rule,” which has been lowered from a mandatory life sentence down to twenty-five years. A law that increases sentences for individuals in possession of a firearm while committing a crime by up to twenty-five years will no longer apply for first-time offenders. The First Step Act will also make a 2010 statute that reduced the sentencing disparity rate between crack cocaine and powder cocaine charges retroactive to extend the reduced sentencing to individuals sentenced prior to the 2010 statute. Some other benefits for current inmates include more access to job training programs and programs designed to reduce recidivism rates, an expansion of early release programs, and pregnant inmates can no longer be shackled. Continue reading

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
Contact Information