Frank A. Rubino, Esq.FindLaw IM Template2024-03-15T20:59:53Zhttps://www.frankrubino.com/feed/atom/WordPress/wp-content/uploads/sites/1302484/2020/07/cropped-favicon-32x32.pngOn Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535482024-03-15T20:59:53Z2024-03-15T20:59:53ZJuvenile court
Florida juvenile court is a specialized court system that handles cases involving minors who face charges related to delinquent acts such as selling drugs. The purpose of juvenile court is to focus on rehabilitating young offenders rather than punishing them. In Florida, juvenile court has jurisdiction over individuals under 18.
Probation
One possible penalty for a teenager accused of selling THC cartridges is probation. Probation typically involves regular meetings with a probation officer, adherence to specific rules and possibly drug testing. Violating the terms of probation can result in further legal consequences.
Community service
Another possible penalty is having to perform a certain number of hours of community service. Young people may usually complete these hours by volunteering at a nonprofit or government agency of their choice.
Criminal charges
According to Florida Statute 893.03, possession of THC oil is a third-degree felony, which normally can result in a prison sentence of up to five years. The specific penalties depend on the circumstances of the case and the teenager's prior criminal record.
Expulsion from school
Students who sell drugs on the campus of a Florida public school often may not return to their regular classes. Educational options available to them include the following:
Night school
Alternative placement charter schools
Virtual school
Home school
GED studies once students turn 18
Some private schools will accept students with a criminal history, but price can be a limiting factor for some families.
Beyond the immediate consequences, having a criminal record for selling drugs can have long-lasting effects on young people’s futures. It can potentially affect their ability to get a job or even rent an apartment.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535462024-02-28T03:24:58Z2024-02-29T03:24:10ZEmployment challenges
Felony convictions can create barriers to obtaining and maintaining employment. Many employers conduct background checks as part of the hiring process. A felony conviction may disqualify individuals from certain job opportunities. Also, some professions, such as health care and law enforcement, have strict licensing requirements. These requirements may prohibit those with felonies from obtaining necessary credentials.
Housing restrictions
Felony offenders may also face challenges finding housing. Landlords and property management companies often conduct background checks on prospective tenants. A felony conviction may lead to the denial of housing opportunities. In some cases, those with felonies may face exclusion from public housing programs. They may also face restrictions on their eligibility for housing assistance.
Educational limitations
Felony convictions can also impact access to education and opportunities for advancement. Some schools have policies restricting admission or enrollment for those with criminal records. Students with felonies may also be ineligible for certain scholarships, grants or financial aid programs. This can limit their ability to pursue higher education or vocational training.
Loss of civil rights
Felony offenders may lose certain civil rights. For example, they might lose the right to serve on a jury or have firearms. The clemency process may restore some of these rights. However, the loss of civil rights can have long-lasting effects on civic participation.
Addressing the challenges felony offenders face requires policies and programs that support reintegration and rehabilitation. Such efforts help those with criminal records overcome barriers to success and become productive members of their communities.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535452024-02-14T14:59:17Z2024-02-14T14:59:17ZMaintain comprehensive records
Thorough records of patient care can help you avoid or face fraud allegations. Keep detailed documentation of diagnoses, treatments and medical necessity for services. This step ensures that your Medicare claims accurately reflect the care delivered.
Understand and follow coding guidelines
Healthcare providers must use the correct codes for diagnoses and services when submitting claims. Stay updated on coding guidelines, as repeated errors can lead to suspicions of fraudulent billing. Regular training for staff on the latest coding practices helps prevent mistakes.
Create a compliance program
A comprehensive compliance program lets you detect and prevent inaccurate billing and fraud. It should include regular audits of billing practices, employee training on Medicare policies and a clear process for reporting fraud. Emphasizing compliance supports a culture of integrity and accountability.
Avoid unnecessary services
Only provide services Medicare considers medically necessary for the patient's health condition. This ethical practice not only avoids legal trouble but also upholds the quality of patient care.
Stay informed about Medicare policies
Medicare policies and regulations often change. Regularly review Medicare guidance and participate in training sessions so you know how to remain compliant.
In 2022, healthcare fraud offenders received an average of 30 months in prison. Only 21.3% of those prosecuted avoided incarceration. Diligence and careful attention to detail can help shield your medical practice from the impact of Medicare fraud accusations.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535432024-02-07T21:07:25Z2024-02-07T21:07:25ZSearch warrants and probable cause
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This means that, in most cases, the police need a search warrant to seize your phone. Obtaining a search warrant from a judge requires law enforcement to demonstrate probable cause. They need a reasonable belief that a crime has been or is being committed.
Incident to arrest
There are exceptions to the search warrant requirement, one being the incident-to-arrest exception. If you are being lawfully arrested, the police may seize your phone without a warrant. This stems from the rationale that it is necessary to protect officers' safety and prevent the destruction of evidence.
Consent
Another way the police can seize your phone is if you voluntarily consent to the search. Be aware that you have the right to refuse consent unless the police obtain a warrant. Understanding your rights and making informed decisions can help protect your privacy.
Exigent circumstances
Exigent circumstances may also justify the seizure of your phone without a warrant. If the police believe there is an urgent need to prevent the destruction of evidence or address an immediate threat, they may seize your phone.
Limitations on data access
Keep in mind that while the police may seize your phone, accessing its contents may require additional steps. Protected by the Fifth Amendment, you have the right to remain silent, and the police cannot force you to provide passwords or unlock your phone. Reports indicate, however, that over 2,000 U.S. law enforcement agencies have tools to unlock an encrypted phone. Under dire circumstances, officers may seek permission to use such tools to gain access to your seized phone.
While the police can seize your phone under certain circumstances, your constitutional rights often take precedence. Understanding the legal principles surrounding phone seizures is essential to navigating these situations.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535422024-02-02T03:18:39Z2024-02-02T03:18:39ZProbable cause
Police can search a person's computer if they have probable cause to believe that it contains evidence of a crime. This means they must have reasonable grounds to suspect that the computer holds information relevant to an ongoing investigation.
Warrants
In many cases, police need a warrant issued by a judge to search a person's computer. A warrant is a legal document that authorizes law enforcement to search specific locations or items, including computers. Warrants are typically granted when there is sufficient evidence to justify the search and when it's deemed necessary for the investigation.
Exigent circumstances
In certain urgent situations, such as when there is an imminent threat to public safety or risk of evidence destruction, police may have the right to search a computer without a warrant. This exception, known as exigent circumstances, requires officers to act swiftly to address the immediate danger and has limitations.
Plain view doctrine
If police are lawfully present in a location and come across incriminating evidence on a computer that is in plain view, they can seize it without a warrant. However, they cannot conduct a further search of the computer without obtaining additional authorization.
Harnessing the vast amount of data now available is a growing trend for law enforcement and other government agencies around the world. While in many cases they can legally search a computer, officers must follow strict guidelines to ensure the proper gathering of evidence.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535412024-01-18T22:02:28Z2024-01-18T22:02:28ZDefinition
Corporate fraud occurs when individuals within a company engage in deceptive practices for personal gain or to benefit the organization unlawfully. These activities often revolve around financial misconduct. Individuals may use their positions of trust to manipulate financial records, misrepresent facts or embezzle funds.
Types
One common form of corporate fraud is financial statement fraud. This involves individuals manipulating financial records to portray a more favorable image of the company's financial health. It may involve inflating revenues, understating expenses or providing false information.
Insider trading is another of these crimes. Individuals with privileged information about a company's performance use that information to gain an unfair advantage in buying or selling stocks. This is an unethical practice that undermines the integrity of financial markets and erodes the trust of investors.
Consequences
The consequences of corporate fraud go beyond the financial losses suffered by investors and organizations. There is a significant erosion of trust in the business world. Shareholders may experience diminished confidence in the market, and the reputation of the defrauded company may suffer irreparable damage.
To combat corporate fraud, regulatory bodies and law enforcement agencies often employ various strategies. Increased scrutiny, audits and the implementation of robust internal controls are among the measures to detect and prevent fraudulent activities. Educating employees about the consequences of engaging in fraudulent practices also serves as a deterrent.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535402024-01-06T17:00:29Z2024-01-06T17:00:29Z1. You are innocent
While proclaiming your innocence may feel natural, it does not offer concrete evidence and can even make you appear defensive. Stick to factual statements and avoid emotional outbursts.
2. You do not have anything to hide
Saying you have nothing to hide is a seemingly harmless statement that gives officers free rein to ask anything they like, potentially leading you into disclosing information you might later regret. Remember, you have the right to remain silent.
3. Blame someone else
Shifting blame without concrete evidence can create suspicion and even involve you in the investigation. Focus on providing accurate information about what you know or saw, not speculation about others.
4. You will talk if you can make a phone call
Officers are not obligated to let you contact someone before questioning. Instead, politely invoke your Miranda rights and stay silent.
Remember, remaining calm and respectful throughout the interaction is important. Cooperate with lawful requests, but do not feel pressured to volunteer information beyond what is necessary. Knowing what not to say during police questioning can empower you to navigate potentially stressful situations with confidence and clarity. By staying informed and exercising your rights, you can protect yourself and ensure a fair and impartial interaction with law enforcement.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535392023-12-20T17:17:31Z2023-12-20T17:17:31ZEncouraging rehabilitation
Florida drug courts emphasize rehabilitation, rather than punitive measures. These courts divert individuals with substance abuse dependencies away from the justice system. In doing so, they prioritize addressing the root causes of their behavior. This approach contributes to community safety by reducing the likelihood of repeat offenses.
Reducing recidivism
Florida drug courts help break the cycle of recidivism that often accompanies substance abuse. They do so by offering a combination of treatment programs, counseling and close monitoring. Breaking free from the revolving door of incarceration benefits individuals. However, it also reduces the burden on the criminal justice system. This allows resources to go toward more effective and sustainable solutions.
Restoring lives and families
Substance abuse takes a toll on individuals and their families and communities, too. Florida drug courts recognize the interconnectedness of these relationships. By addressing the issues behind substance abuse, they contribute to the healing process. In doing so, they help promote stable and healthy environments for everyone involved.
Saving money
Florida drug courts offer a cost-effective alternative for taxpayers. The focus on rehabilitation is more economical than keeping offenders behind bars. By investing in programs that address the causes of substance abuse, Florida drug courts show a commitment to fiscal responsibility. They also show that they value the well-being of communities.
Per the Fourth Judicial Circuit Courts of Florida, 75% of drug court graduates remain free from arrest two years after completing the program. This shows that Florida drug courts represent a proactive and effective approach to addressing substance abuse dependencies.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535382023-12-14T01:41:23Z2023-12-14T01:41:23Z1. Not following instructions
Florida has 189 DUI arrests per 100,000 drivers. One common mistake drivers make during traffic stops is failing to follow the instructions that officers give. Refusing to follow simple commands can create an unfavorable impression and may lead to additional consequences. Cooperation is key during a traffic stop.
2. Talking too much
Drivers often make the mistake of giving too much information to officers when they can decline to answer questions. Sharing too much information may inadvertently provide evidence that goes against you in court.
3. Admitting to drinking or drug use
Admitting to alcohol or drug consumption during a traffic stop can hurt a DUI case. Drivers have the right to remain silent and should exercise this right when necessary. Statements you make during the stop can be evidence, so stay cautious about what you say.
4. Refusing a blood or breath test
In Florida, refusing a breath or blood test can lead to serious consequences, including an automatic license suspension. In traffic stops involving injuries, a blood draw by force may occur.
Navigating a DUI traffic stop in Florida requires people to carefully consider their actions and words. By being aware of common pitfalls, drivers can better protect their interests and potentially improve the outcome of their case.]]>On Behalf of Frank A. Rubino, Esq.https://www.frankrubino.com/?p=535372023-12-11T20:17:17Z2023-12-11T20:15:07Zoverall goal of addressing the root causes of drug-related offenses and addiction.
Purpose of community service
The goal of community service is not only to hold offenders accountable for their actions, although that is part of it. People convicted of drug-related charges are usually addicts who, at some point, are emotionally disconnected from their families, communities, and society at large.
Community service creates the opportunity for the person to reclaim that human-to-human connection while serving a government agency or community-based service organization and taking responsibility for what they did wrong.
Time and activities
Those navigating the legal system in Florida, specifically people sentenced to community service, receive the opportunity to make amends for their actions by participating in the betterment of their communities, typically on an hourly basis. A court may sentence an individual for a certain number of community service hours, depending on the offense.
Community service activities range from environmental cleanup to assisting local non-profit organizations. The diversity of responsibilities individuals can take on ensures that people have options to choose from with activities that qualify as community service. These opportunities allow individuals to give back in ways that align with their personal interests and skills.
Addressing underlying issues
Scientific research and studies consistently support the premise that human-to-human connection aids addicts in their recovery from drug addiction. Florida judges often view genuine efforts toward community betterment favorably, demonstrating a change from the typical punitive view that people associate with courts.
Florida’s commitment to rehabilitation through various avenues, including community service, reflects a belief in the transformative power of connection, giving back to our communities and offering second chances to those willing to seize the opportunity.]]>