As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I know how old cases come back: through a DNA hit, a delayed report, or a warrant that sat unserved for years. More than 25 years in Hillsborough County courtrooms have taught me that the deadline question is rarely as simple as counting years. Our attorneys check the charging date, the service of the warrant, and every tolling claim before a client ever discusses the facts.

What is the statute of limitations for crimes in Florida?

The statute of limitations is the deadline for the State to begin a prosecution. Under section 775.15, Florida Statutes, the clock depends on the degree of the most serious charge. Time starts to run on the day after the offense is committed. For a continuing offense, it starts when the course of conduct ends.

When is a prosecution “commenced” in Florida?

A prosecution starts when the charging document is filed, but only if the warrant or summons is then served without unreasonable delay. If the person was already arrested or served with a summons on the charge, the filing of an information or indictment commences the case. If not, section 775.15(4)(b) says the case is commenced when the information or indictment is filed, “provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay.”

This is where many limitations defenses are won or lost. A charge filed one week before the deadline does not save the State if the warrant then sits in a database for years while the accused lives openly at a known address. In judging reasonableness, courts consider whether the State could not locate the person after a diligent search, or whether the person was out of state.

Can the statute of limitations be paused?

Yes. Section 775.15(5) stops the clock while the defendant is continuously absent from Florida or has no reasonably ascertainable place of home or work in Florida. That tolling cannot extend the limitations period by more than 3 years, but the cap does not protect someone who was timely charged and not arrested because he was out of state.

The Florida Supreme Court addressed this in Robinson v. State, 205 So. 3d 584 (Fla. 2016). Brian Robinson listed his parents’ Florida address as his address of record, but he lived outside Florida from May 2008 through May 2012. The Court held that his continuous absence tolled the limitations period even though he had an address of record, and that the State did not have to prove a diligent search or that his absence hindered the prosecution. The Court also confirmed that when the statute of limitations is raised, “the State has a significant burden and must prove that the prosecution is not barred.”

A more recent example is Whittamore v. State, No. 5D23-3126 (Fla. 5th DCA Dec. 21, 2023). Adrienne Whittamore was charged with a second-degree misdemeanor, which carries a 1-year limit. A summons mailed to her old address came back unserved, and the warrant listed “General Delivery” as her address. She was arrested about 15 months after the alleged offense. The Fifth District held that she had no reasonably ascertainable place of abode because she had moved at least three times and could not recall when, so the clock was tolled and the case could proceed.

What are the special rules for sexual battery and child sex offenses?

Sex offenses have the most exceptions in section 775.15. Several remove the time limit entirely. Our Tampa sex crimes lawyer page explains how these cases are defended when the accusation surfaces years later.

The DNA provision has a condition that matters to the defense. It applies only if “a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused.” If the sample was consumed or lost, our attorneys examine whether the extension applies at all. Our post on how a DNA cold hit can be wrong covers how those matches are challenged.

Why do so many old accusations surface years later?

Most crimes are never reported to police right away, and some are reported years later. In 2024, only 23.6% of rape or sexual assault victimizations and 47.9% of all violent victimizations were reported to police, according to the Bureau of Justice Statistics report Criminal Victimization, 2024 (September 2025). For property crimes, the 2024 figure was 30.5%.

Those numbers explain why the Legislature extended or removed deadlines for sex offenses. They also explain the risk for the accused: an accusation made 10 or 20 years later arrives after phone records are gone, witnesses have moved, and memories have faded.

Why does Florida have a criminal statute of limitations at all?

The deadline protects the accused from defending against stale charges. A Congressional Research Service report, Statute of Limitation in Federal Criminal Cases: An Overview (RL31253, updated Nov. 14, 2017), describes the purpose as ensuring prompt prosecution and sparing the accused “the burden of having to defend against stale charges after memories may have faded or evidence is lost.” The same report notes that a time limit can encourage law enforcement to investigate suspected crimes promptly. Florida’s statute serves the same goals for state charges.

How does the fraud discovery rule extend the deadline?

For offenses where fraud or breach of fiduciary duty is a material element, section 775.15(12)(a) allows prosecution within 1 year after an aggrieved party discovers the offense, even if the normal period has run. That extension cannot add more than 3 years to the otherwise applicable period. Embezzlement and scheme-to-defraud cases often turn on when the business or victim actually discovered the loss. Our Tampa white collar crime attorney page covers those charges.

How do you raise a statute of limitations defense?

Our attorneys raise it by motion to dismiss, supported by the dates in the charging document, the warrant history, and evidence of where the client lived and worked. The State must then prove the prosecution is not barred, including any claim of tolling or reasonable diligence in serving the warrant. The steps we take:

1. Identify the exact offense date or the date a continuing course of conduct ended.
2. Confirm the degree of each charge, because each count has its own deadline.
3. Pull the filing date of the information or indictment and the date the capias or summons was served.
4. Gather proof of residence and employment during the gap: leases, utility bills, tax filings, payroll records.
5. Test every tolling claim, including absence from the state and the 3-year cap.
6. Check whether a sex offense or DNA exception actually applies to this offense and this victim’s age.

What should you do if you think police are investigating an old allegation?

Talk to a lawyer before you talk to police. An old case is often thin on evidence, and a statement can supply what time has erased. Our firm provides representation before charges are filed and can address a pending investigation with detectives and the State Attorney’s Office. If you think you may have an outstanding warrant in Hillsborough County, our attorneys can check and plan how to address it.

Frequently asked questions

How long does the State have to file a third-degree felony in Florida?

Three years from the day after the offense, unless an exception or tolling provision applies. The Brancato Law Firm checks both the filing date and when the warrant was served, because a late-served warrant can make a timely filing too late.

Is there a statute of limitations for murder in Florida?

No. A capital felony, a life felony, or any felony that resulted in a death can be prosecuted at any time under section 775.15(1). The Brancato Law Firm defends these cold cases by focusing on the evidence lost over time and the reliability of any new forensic link, as described on our Tampa homicide attorney page.

Does leaving Florida stop the statute of limitations?

Yes. Continuous absence from Florida tolls the clock, and Robinson v. State held the State does not have to prove it searched for the person. The Brancato Law Firm examines whether the absence was truly continuous and whether the 3-year cap on tolling applies.

Can the State charge a child sex offense decades later?

Often, yes. Sexual battery on a victim under 16 has no time limit, and for many other child sex offenses the clock does not start until the victim turns 18 or the offense is reported. The Brancato Law Firm investigates delayed accusations with the same rigor as recent ones, and our sex crimes defense team starts by reconstructing the timeline.

What if my warrant was issued years ago but never served?

The case may be time-barred if the State did not serve it without unreasonable delay and no tolling applies. The Brancato Law Firm gathers proof that you lived and worked openly at a known address, which is the evidence that undercuts a claim that you could not be found.

Can a misdemeanor be filed after one year?

A second-degree misdemeanor must be commenced within 1 year and a first-degree misdemeanor within 2 years, but tolling can extend those periods. The Brancato Law Firm looks closely at where the summons and warrant were sent, the question that decided Whittamore v. State, and our pre-file advocacy can address a case before it is filed.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Ask us whether your case is too old to prosecute

Every count in a charging document has its own deadline, and the answer often turns on dates buried in a warrant history. Send us the charging document or the warrant information, and our attorneys will tell you whether a limitations defense is worth raising. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159; call us at any hour. Our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Updated November 6, 2026

For law enforcement officers, few moments are more devastating than being on the other side of the law. Whether you serve with the Tampa Police Department, Hillsborough County Sheriff’s Office, Pinellas County Sheriff’s Office, Pasco County Sheriff’s Office, or any agency in the Tampa Bay area, an arrest or criminal investigation brings risks that reach far beyond the courtroom.

Moreover, for officers who have spent their careers putting people behind bars, the stakes are uniquely personal. An officer facing charges is fighting for a career, a reputation, personal safety, and a future, along with freedom. I am Tampa Criminal Defense Attorney Rocky Brancato. My firm, The Brancato Law Firm, P.A., a Tampa criminal defense firm, can help put you back in duty, where you belong.

Law Enforcement Agencies We Serve

The Stakes Are Higher for Officers

For most defendants, the concern is avoiding fines, probation, or jail. For officers, however, the impact can be far harsher. Because of your “position of trust,” prosecutors may argue for tougher treatment than they would for a civilian.

Officer arrests are more common than most people think. A National Institute of Justice-funded study by Bowling Green State University researchers, Police Integrity Lost: A Study of Law Enforcement Officers Arrested (2016), identified 6,724 cases from 2005 through 2011 in which sworn officers were arrested. Those cases involved 5,545 individual officers employed by 2,529 state and local law enforcement agencies.

Loss of Second Amendment Rights

Under 18 U.S.C. § 922(g)(9), even a misdemeanor domestic violence conviction bars you from possessing a firearm or ammunition, and 18 U.S.C. § 925(a)(1) expressly withholds the usual exemption for government-issued service weapons from that ban. As a result, you would be unable to carry the very weapon that has defined your career. For an officer, losing firearm rights effectively ends your law enforcement career.

Personal Safety Concerns

If you have put people behind bars over the course of your career, the loss of your badge and firearm creates personal safety risks. Consequently, you lose not only your ability to work but also your ability to protect yourself and your family from those who may harbor grudges.

FDLE Certification at Risk

The Criminal Justice Standards and Training Commission, staffed by FDLE, can revoke, suspend, or place on probation an officer’s certification on a finding that the officer failed to maintain good moral character under § 943.1395(7), Florida Statutes. That finding does not require a criminal conviction, so disciplinary findings from an internal investigation can threaten your certification even if the criminal case is dropped. Therefore, protecting your certification requires defending against both criminal charges and administrative consequences.

Charges We Defend Against

The Brancato Law Firm defends officers against a wide range of criminal charges. Each type carries its own risks, but for law enforcement officers, the professional consequences often outweigh even the criminal penalties.

If You Have Faced Rocky Brancato’s Cross-Examination Before

Many officers in Hillsborough, Pinellas, and Pasco Counties have already faced Rocky Brancato in court. His cross-examinations are known for dismantling investigations and exposing weaknesses in testimony.

If you have ever been on that side of the stand, you know how difficult that pressure can be. However, when Rocky Brancato is in your corner, the equation flips entirely. His loyalty becomes 100% to you. Those accusing you will face the same relentless defense you once experienced in the witness box.

Trusted in the Most Serious Situations

The Tampa Police Benevolent Association and the Suncoast Police Benevolent Association trust Attorney Brancato to serve as on-call attorney for officer-involved shootings. That trust comes from more than 25 years of high-level criminal defense in Tampa Bay’s courts.

These organizations chose Rocky to serve the law enforcement community because they know he provides the most strategic, loyal, and high-level criminal defense available in the Tampa Bay area. Rocky knows that sometimes the chief law enforcement officer will take adverse positions against you in the media, for their own political expediency. He is not afraid and he is ready to change the narrative.

Unique Perspective from the Public Defender’s Office

Before founding The Brancato Law Firm, P.A., Rocky Brancato served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, the largest criminal defense operation in the county, where he oversaw a staff of over 100 attorneys. In that role, he collaborated extensively with law enforcement agencies across Hillsborough County.

As a result, he gained a perspective that few defense attorneys possess. That experience now informs his defense of officers who find themselves under investigation.

I Know What You Were Trained to Do—Because I Taught It

As a former police academy instructor, I trained officers on criminal procedure and courtroom testimony. I know what you were taught about Fourth Amendment searches, Miranda requirements, use of force documentation, and how to present yourself on the stand. When prosecutors or internal affairs try to second-guess your split-second decisions, I can put your actions in the context of your actual training—not some unrealistic standard invented after the fact.

Protecting Law Enforcement Officers’ Rights

Officers and correctional officers face unique risks that civilians do not. Therefore, a defense strategy must protect your rights at every stage:

• Garrity protections during internal affairs questioning, plus the rights in Florida’s Law Enforcement Officers’ Bill of Rights, § 112.532, Florida Statutes, including notice of the complaint and the right to have counsel present when an interrogation concerns your continued fitness for duty
• Independent review of evidence, from body-worn cameras to reports and witness statements
• Defense strategies tailored to certification risks and administrative hearings
• Strategic reputation management to limit media and public exposure
• Aggressive courtroom representation against prosecutors who seek to make an example of you

Garrity protections come from Garrity v. New Jersey, 385 U.S. 493 (1967). New Jersey officers were told they would be removed from office if they refused to answer investigators’ questions, and some of their answers were later used to prosecute them. The U.S. Supreme Court held that statements obtained under threat of removal from office cannot be used in a later criminal prosecution.

For more, see our posts on nurses and other licensed healthcare workers and teachers facing criminal charges.

Frequently Asked Questions

Take Action Before It’s Too Late

Investigations move quickly, and hesitation can cost opportunities to protect your record, your rights, and your reputation. If you are a law enforcement officer in Hillsborough, Pinellas, or Pasco County and are under investigation or facing charges, you need an attorney who understands what is at stake. Early representation before charges are filed can shape whether charges are filed at all.

Your career, your reputation, and your freedom deserve a defense attorney trusted in the most serious cases—an attorney who will fight with the same precision in your defense that once challenged you in the courtroom.

Before you sit for an internal affairs interview or talk to investigators, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 for a confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

On-Call Attorney for Tampa Police Benevolent Association & Suncoast PBA

Related: Tampa DUI Lawyer | Tampa Domestic Violence Lawyer | Tampa Sex Crimes Lawyer | Tampa Homicide Lawyer

As the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have seen how often a healthcare worker’s license turns on the plea entered in the criminal case. I have tried more than 150 jury trials to verdict in over 25 years in Hillsborough County courtrooms. Our attorneys defend the criminal case with the Board of Nursing’s rules in view from the first day, and when a license matter is open, we coordinate with the client’s license counsel so the two cases move together.

This guide starts with nurses (RNs, LPNs, and APRNs). It then covers physicians, physician assistants, pharmacists, EMTs and paramedics, and certified nursing assistants.

Do nurses have to report an arrest to the Florida Board of Nursing?

No Florida statute requires a nurse to self-report an arrest by itself. Section 456.072(1)(x) makes it a disciplinary violation to fail to report, in writing within 30 days, a conviction, a finding of guilt, or a plea of nolo contendere to a crime in any jurisdiction, regardless of adjudication. A pending charge with no plea does not start that clock. The nursing practice act, section 464.018, also ties its criminal grounds for discipline to pleas and findings of guilt.

The arrest does not stay private, though. Under section 456.0135, a nurse who applied for a Florida license on or after January 1, 2013 submitted fingerprints that the Florida Department of Law Enforcement retains. Section 943.05 requires FDLE to report an arrest matched to retained prints to the appropriate agency. Nurses screened through the Care Provider Background Screening Clearinghouse have their arrest notifications reported to the Agency for Health Care Administration under section 435.12. Employer policies may separately require you to disclose an arrest, so read your handbook before your next shift. Our firm plans every healthcare client’s defense on the assumption that the Department of Health and the employer will learn of the arrest.

What must a Florida nurse report, and by when?

A Florida nurse must report a conviction, a finding of guilt, or a nolo contendere plea in writing within 30 days, and the arrest itself carries no statutory deadline. Other deadlines and automatic consequences follow from the type of charge and the type of job.

The 30-day report goes to the Board in writing. Physicians licensed under chapters 458 and 459 also must update their public practitioner profile within 15 days under section 456.042. Our attorneys flag the 30-day reporting deadline before any plea is entered.

Does a withhold of adjudication or a no contest plea still count against a nurse’s license?

Yes. Florida’s licensing statutes apply “regardless of adjudication,” so a withhold of adjudication (a judge’s decision not to formally convict) or a plea of nolo contendere (no contest) counts the same as a conviction for licensing purposes. Section 464.018(1)(c) covers any crime that directly relates to the practice of nursing or the ability to practice nursing.

Section 464.018(1)(d) goes further. It lists offenses that are grounds for nursing discipline whether or not they relate to nursing:

• A forcible felony
• Any theft or robbery offense under chapter 812
• Fraud under chapter 817
• Lewdness and indecent exposure under chapter 800
• Assault, battery, and culpable negligence under chapter 784
• Child abuse under chapters 827 and 39, and abuse of vulnerable adults under chapter 415
• For a nurse with a multistate (compact) license, any felony under Florida or federal law

That list means a misdemeanor petit theft plea or a simple battery plea with a withhold can open a Board of Nursing case. Section 464.018(1)(e) adds any offense listed in the level 2 screening statute, section 435.04, and any act of domestic violence. Our attorneys check every proposed plea against these lists before advising a nurse to accept it.

A withhold of adjudication did not stop the Board

In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), a licensed practical nurse pleaded nolo contendere to burglary of an unoccupied dwelling. Adjudication was withheld, and she was sentenced to 90 days in the county jail. The Department of Health charged her with pleading to an offense listed in section 435.04 and with failing to report the plea within 30 days. The Board of Nursing permanently revoked her license.

The First District Court of Appeal reversed the revocation. The Board’s own guidelines set a range from a reprimand up to a $10,000 fine and suspension for a first offense, and the record held no clear and convincing evidence to justify going past that range. The withhold did not prevent discipline. What limited the damage was a thin record, and the criminal file is the record the Board reads. That is why our attorneys pay close attention to what goes into a plea form, a factual basis, and a sentencing order.

A DUI reduced to reckless driving still had to be reported

In Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024), a University of South Florida College of Pharmacy student held a pharmacy student intern registration when he was arrested for DUI. He pleaded nolo contendere to reckless driving. To stay in school he was evaluated by the Professionals Resource Network, did not comply with its monitoring plan, and was dismissed from the program. The Department of Health then charged him with failing to report the nolo plea within 30 days. The First District affirmed, holding that the Department could proceed because he was a licensee when he entered the plea.

A charge reduction that looks like a win in criminal court still produces a reportable plea. Our attorneys explain that trade-off to every licensed client before a reduced plea is accepted.

Which criminal charges put a Florida nursing license most at risk?

Felony drug charges, theft or drug diversion from an employer, health care fraud, and battery or domestic violence carry the most license risk, because Florida law names them. DUI and lesser misdemeanors are reportable on any plea, and the discipline that follows depends more on the facts.

Florida’s own enforcement numbers show how often nurses face emergency action. In fiscal year 2024-25, the Florida Department of Health issued 346 emergency orders, and registered nurses drew more than any other license type (76), with certified nursing assistants at 66 and licensed practical nurses at 25, according to the Division of Medical Quality Assurance FY 2024-25 Annual Report. The same report counts 347,857 active in-state registered nurses. Our attorneys treat any charge on this table as a license case from the first phone call.

What happens to a nurse’s license after a DUI or drug arrest?

A DUI or drug arrest does not suspend a nursing license on its own, but the plea that ends the case can. These two charges also raise impairment questions, which can bring the Intervention Project for Nurses into the picture.

DUI arrests

A first DUI under section 316.193 is a misdemeanor, and any plea to it, or to a reduced charge such as reckless driving, must be reported within 30 days. Our Tampa DUI lawyer team attacks the stop, the field sobriety exercises, and the breath or blood result first, because a suppressed test can mean no plea at all. As a former police academy instructor and a member of the National College for DUI Defense and the DUI Defense Lawyers Association, I know how officers are trained to build these cases. The driver license has its own 10-day deadline, explained in our post on protecting your Florida driver’s license after a DUI arrest.

Drug possession and prescription drug charges

Possession of a controlled substance without a valid prescription under section 893.13(6)(a) is a third-degree felony, and obtaining a controlled substance by misrepresentation or fraud under section 893.13(7)(a)9. is also a third-degree felony. A plea to either, with or without a withhold, requires an emergency suspension under section 456.074(1)(a). At renewal, section 456.0635 requires the Department to refuse renewal until the sentence and any probation ended more than 5 years earlier for a section 893.13(6)(a) felony, 10 years for other third-degree felonies, and 15 years for first- and second-degree felonies. The exception is a nurse currently enrolled in a pretrial diversion or drug court program that allows the plea to be withdrawn on completion. Our Tampa drug crimes attorney page explains the possession defenses we raise first.

Drug diversion investigations at the hospital

A medication discrepancy at work often becomes an investigation before anyone is arrested. That window is the time for representation before charges are filed. Do not give a written or recorded statement to hospital security, a pharmacy investigator, or a detective before speaking with a defense attorney. Our post on the signs you are being investigated for a crime in Florida lists the warning signs, and our attorneys can contact the detective and the State Attorney’s Office for you.

What are IPN and PRN, and how do they affect the criminal case?

IPN and PRN are Florida’s impaired practitioner programs under section 456.076, which evaluate and monitor licensees with alcohol, drug, or mental health conditions. The Intervention Project for Nurses (IPN) serves nurses. The Professionals Resource Network (PRN) is the other designated program and serves physicians and other licensed professionals. IPN accepts referrals from employers, treatment providers, attorneys, the Department of Health, and the Board of Nursing, and nurses may self-refer.

The statute gives the program real weight. When the Department receives a complaint alleging only impairment, it refers the licensee to the program, and the impairment is not grounds for discipline if the licensee acknowledges it, enters the program, and completes the participant contract. For a licensee who self-refers before any Department investigation exists, the program may not report to the Department while the licensee stays compliant. A licensee terminated for noncompliance is reported, and that report becomes a complaint.

Monitoring is a long commitment. A 2020 study in the Journal of Nursing Regulation, Smiley and Reneau, “Outcomes of Substance Use Disorder Monitoring Programs for Nurses”, followed 7,737 nurses in 13 monitoring programs and found that about 61.5% completed them; the authors recommend at least three years of monitoring. Whether and when to self-refer is a licensing decision to make with license counsel. Our attorneys coordinate the timing so the evaluation, any treatment, and the criminal case support each other.

How does the criminal case outcome protect a nurse’s license?

A nurse’s license is safest when the criminal case ends without a plea. A no-file decision, a dismissal, a not guilty verdict, or diversion completed without a plea leaves nothing to report under section 456.072(1)(x).

Under section 948.08, first offenders charged with a misdemeanor or third-degree felony can be considered for pretrial intervention with the State Attorney’s consent, and defendants charged with nonviolent felonies who complete the drug treatment track have their charges dismissed.

In Hillsborough County, the State Attorney’s Office for the 13th Judicial Circuit runs several programs that matter to healthcare workers. RIDR (Reducing Impaired Driving Recidivism) covers first-time, non-aggravated DUI cases with enhanced sanctions such as alcohol monitoring and DUI education, and in our experience it may result in a reduction to reckless driving. DETRR (Drug Education and Treatment Reducing Recidivism) is limited to drug possession cases for low-risk, non-violent defendants, and the charge is dismissed after treatment or education and six months without a new arrest. The Misdemeanor Intervention Program is a diversion program for first-time offenders that requires the State Attorney’s consent.

One question decides the licensing effect of each program: does it require a plea? A plea entered to get into a program can itself be the event the Board must hear about within 30 days, as Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024) shows. Our attorneys answer that question before a nurse signs anything. Pinellas and Pasco cases are handled by a different State Attorney’s Office with its own programs; see our Pinellas County and Pasco County pages.

The best outcome is often reached before the State Attorney decides whether to file. Through pre-file advocacy, our attorneys present the mitigation a prosecutor needs to decline or divert: treatment records, a clean license history, employer support, and the weaknesses in the State’s evidence.

I’m a nurse arrested for a misdemeanor in Tampa. What should I do in the next 30 days?

Protect the criminal case first, because the criminal outcome decides what the Board will see. These steps apply in Hillsborough, where arrestees are booked at the Orient Road Jail and appear at first appearance by video, and in Pinellas and Pasco.

1. Say nothing about the facts at first appearance. The judge sets release conditions; the facts come later.
2. Do not give statements to police, your employer’s investigators, or a Department of Health investigator before speaking with counsel.
3. If the arrest was for DUI, act within 10 days to request the driver license review hearing.
4. Hire a criminal defense attorney before arraignment, while the State Attorney is still deciding what to file.
5. Read your employer’s policy on reporting arrests, and ask license counsel whether to contact IPN.
6. Map every plea offer to the licensing rules: the 30-day report, emergency suspension, renewal bars, and level 2 screening.
7. If a plea is entered, calendar day 30 and make sure the written report reaches the Board on time.

Our attorneys can walk you through this list at a free consultation.

How do the rules differ for physicians, pharmacists, PAs, EMTs, and CNAs?

Every Florida healthcare license reaches pleas “regardless of adjudication,” but the details differ by profession. The 30-day report under section 456.072(1)(x) applies to licensees regulated under chapter 456.

• Physicians (MD and DO). Section 458.331(1)(c) covers a crime that directly relates to the practice of medicine or the ability to practice. Physicians also have the 15-day profile update, and PRN is their impaired practitioner program.
• Physician assistants. PAs are disciplined under section 456.072 and section 458.331, and a PA sits on the probable cause panel in PA cases.
• Pharmacists. Under section 465.016(1)(f), a plea of nolo contendere counts as a conviction, and violating chapter 893 is a separate ground for discipline under section 465.016(1)(e).
• EMTs and paramedics. These certificates fall under chapter 401. Section 401.411 allows discipline for a guilty or nolo plea to a crime related to EMS practice, for possession of a controlled substance outside legitimate duties, and for a felony conviction unless civil rights have been restored.
• Certified nursing assistants. CNAs are certified by the Board of Nursing, and section 464.204 makes any chapter 456 violation a ground for discipline. Most CNA jobs require level 2 screening, and the Board can grant an exemption from disqualification.

Teachers and law enforcement officers answer to their own licensing systems. See our posts on criminal defense for teachers in Tampa and criminal defense for law enforcement officers. The criminal defense approach in this guide applies to each of them.

What results has our firm obtained for licensed professionals and drug charges?

Our firm’s published results include outcomes that ended without a conviction and protected careers.

For a nurse, a reduction like the airline pilot’s still produces a plea that must be reported within 30 days, which is why our attorneys push for a no-file, a dismissal, or diversion without a plea first. More outcomes are on our case results page. Past results do not guarantee future outcomes.

Why do nurses and healthcare workers call The Brancato Law Firm?

Our practice is devoted entirely to criminal defense, from misdemeanors to capital cases. That focus is what a licensed professional needs, because the license depends on the criminal disposition.

• Experience you can measure. Over 150 jury trials to verdict, 25+ years in Hillsborough County, former Major Crimes Unit attorney, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office overseeing a staff of over 100 attorneys. Rocky Brancato holds an AV Preeminent rating, Super Lawyers selection, and National Trial Lawyers Top 100 recognition, and wrote “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.”
• The license in view. Our attorneys handle the criminal case and coordinate with your license counsel when a Board matter is open.
• Three counties. We defend clients in Hillsborough, Pinellas, and Pasco Counties, two blocks from the Hillsborough County Courthouse.
• Reachable. Call us at any hour. Clients get case updates through our client portal, and calls are returned within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Clear fees. We quote a flat fee for the whole case, including trial, based on the facts and intricacy of the case. At least half is due up front, with a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. Our post on what a criminal defense attorney costs in Tampa explains why a separate trial fee creates a financial incentive to settle before trial preparation.

For more about our defense strategies, visit our DUI defense and drug charge defense pages.

Frequently Asked Questions

Do I have to tell my hospital I was arrested in Florida?

No Florida statute requires a nurse to tell an employer about an arrest, but your employer’s policy may. Our attorneys at The Brancato Law Firm can review your employer’s disclosure rule with you before you respond to it. Hospitals and other employers that screen through the Care Provider Background Screening Clearinghouse can learn of the arrest through retained fingerprints under section 435.12.

Can a nurse lose her license for a first DUI in Florida?

A first DUI does not automatically suspend a nursing license, but any plea must be reported within 30 days and can lead to discipline or an IPN evaluation. Our attorneys at The Brancato Law Firm challenge the stop and the test results first, because a case that ends without a plea leaves nothing to report. Our Tampa DUI defense page explains the defenses we raise.

Will a withhold of adjudication protect my nursing license?

No, because Florida’s nursing discipline statute applies “regardless of adjudication.” The Brancato Law Firm treats a withhold as a fallback and works first for a no-file, a dismissal, or diversion without a plea. In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), an LPN with a withhold of adjudication still had her license revoked by the Board before the appeals court reversed the penalty.

Is a reckless driving plea reportable to the Florida Board of Nursing?

Yes, a plea of guilty or nolo contendere to reckless driving is a plea to a crime, and it must be reported in writing within 30 days. Our attorneys at The Brancato Law Firm explain this before any DUI reduction is accepted, so the client and license counsel can meet the deadline.

Can criminal charges against a nurse be dropped in Florida?

Yes, charges can be dropped through a no-file decision, a nolle prosequi, a dismissal after a successful motion, or completion of a diversion program. The Brancato Law Firm pursues those outcomes first through pre-file advocacy with the State Attorney’s Office before a filing decision is made.

Can I seal my record so the Department of Health never sees it?

No, because section 943.059 bars a person with a sealed record from denying it when seeking employment or licensure with the Department of Health or when screened through the Care Provider Background Screening Clearinghouse. The Brancato Law Firm advises healthcare clients on sealing eligibility and is clear that sealing does not hide the record from licensing agencies.

What kind of lawyer should a Tampa nurse arrested for a misdemeanor hire?

Start with a criminal defense attorney, because the criminal outcome decides what the Board of Nursing will see. The Brancato Law Firm defends the criminal case and coordinates with license counsel when the Department of Health opens a file. Our Tampa drug crimes defense and DUI teams handle the charges nurses most often face.

Your license clock starts with the plea

Your license clock starts the day you enter a plea, and the best chance to keep that clock from ever starting is right now, before the State Attorney decides what to file. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends nurses, physicians, pharmacists, EMTs, and other licensed healthcare workers across Hillsborough, Pinellas, and Pasco Counties. Our attorneys will review the arrest report, identify every route that ends without a plea, and coordinate with your license counsel. Call (813) 727-7159 at any hour for a free consultation.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If police want to “just ask a few questions,” or you were arrested for something you did not do, the instinct is to explain and let the truth sort it out. In Hillsborough County courtrooms, that instinct sends innocent people into cases that take months to undo. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, including as former COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Our attorneys step in before the first interview or the first court date, gather the proof of innocence, and put it in front of the prosecutor while the charging decision is still open.

Why do innocent people need a criminal defense lawyer?

Innocent people need a lawyer because the system acts on evidence, and the evidence against an innocent person can look convincing. An officer needs only probable cause to arrest. A prosecutor decides whether to file charges largely from the arrest report. Neither one has to look for the proof that you did not do it, and neither one represents you.

Wrongful convictions are real and documented. The National Registry of Exonerations 2024 Annual Report counted 147 exonerations in 2024, three of them in Florida, and 3,646 exonerations nationwide from 1989 through the end of 2024. The people exonerated in 2024 lost an average of 13.5 years to wrongful imprisonment. Those are only the cases where someone proved innocence after a conviction; they do not count the innocent people who pleaded to a lesser charge to go home.

The scale of the system makes that risk concrete. From October 2024 through September 2025, the Hillsborough County Clerk of Court opened 21,053 new felony cases, according to the Clerk’s monthly outputs report for county fiscal year 2024-25. In our firm’s experience, a case moving through that volume gets close attention only when the defense supplies it.

How do innocent people end up charged or convicted?

Innocent people are usually charged because of a false accusation, a mistaken identification, or their own words taken out of context. The 2024 Registry report found that 72% of that year’s exonerations included perjury or another false accusation, 71% involved official misconduct, and 26% rested at least in part on a mistaken witness identification.

Our post on circumstantial evidence in Florida explains how the State builds a case without an eyewitness, and our guide to cell phone location evidence as an alibi shows how the same data police use can prove where you really were.

Should I talk to the police if I am innocent?

No. Ask for a lawyer and decline to answer questions, even if you are innocent. Officers are trained to get statements, and an innocent person who explains often confirms small facts, such as being in the area or knowing the accuser, that become the backbone of the State’s case.

The right to stay silent belongs to everyone. In Miranda v. Arizona, 384 U.S. 436 (1966), the U.S. Supreme Court held that police must warn a person in custody of the right to remain silent and the right to a lawyer, and must stop questioning once the person asks for one. Say the words out loud: “I want a lawyer, and I am not answering questions.” Then let your attorney decide whether, when, and how your side of the story is told.

If detectives have called you but no one has arrested you, that is the best time to hire a lawyer. Our firm’s representation before charges are filed puts an attorney between you and the investigation from the first phone call.

What does a defense lawyer do for an innocent client?

For an innocent client, a defense lawyer finds and preserves the proof of innocence, then gets it in front of the person deciding the case. Most of that work has to happen early, because the best evidence disappears first.

1. Stop the damage. Our attorneys tell police that you will not be interviewed and handle all contact with detectives.
2. Preserve evidence. Surveillance video is often recorded over within days or weeks. We send preservation letters and subpoena records, phone data, and receipts.
3. Find witnesses. Police often interview only the accuser and the people the accuser names. We find the witnesses who were never contacted.
4. Test the forensic evidence. Our firm works with independent experts in DNA, digital forensics, and other disciplines to check what the State’s lab reported.
5. Present the case to the prosecutor. Before charges are filed, we can give the assigned prosecutor the evidence and the legal problems in writing, which can lead to a decision not to file at all.
6. Try the case if needed. When the State will not drop the case, the evidence gathered early becomes the trial defense.

That approach has worked for our clients. In one Tampa sexual battery case, the State pressed forward against our client based on a misidentification and a cold DNA hit. Through our investigation, DNA analysis, and expert consultation, we showed our client was not the perpetrator, and all charges were dismissed. Past results do not guarantee future outcomes. Our Hillsborough County criminal defense attorney team handles cases like this from the first call through trial.

Why is innocence alone not enough in court?

Innocence alone is not enough because a jury decides the case on the evidence it hears, and an innocent person without a lawyer often has no way to put the right evidence in front of it. The burden of proof is on the State, but the defense still has to expose the weaknesses in the State’s case.

Research on wrongful convictions shows how often the system gets it wrong even in the most serious cases. In a peer-reviewed study, Rate of False Conviction of Criminal Defendants Who Are Sentenced to Death, 111 Proc. Nat’l Acad. Sci. 7230 (2014), Samuel Gross and colleagues estimated that at least 4.1% of defendants sentenced to death would be exonerated if they remained under a death sentence indefinitely. Those are the cases that get the most scrutiny of any in the system.

Undoing a wrongful conviction after the fact takes years of appeals and postconviction litigation, and many people never get that far. The time to prove innocence is before the conviction, while witnesses and video still exist.

What if I am guilty? Do I still need a lawyer?

Yes. A person who committed the offense still has every constitutional right, and a lawyer is how those rights turn into a better result: a dismissal when police broke the rules, a reduced charge, diversion, or a lower sentence. The right to counsel does not depend on innocence. In Gideon v. Wainwright, 372 U.S. 335 (1963), a Florida case, the U.S. Supreme Court held that a person charged with a felony in state court has a right to a lawyer even if he cannot afford one.

Most cases end in a negotiated plea, which is why the lawyer’s work matters even when guilt is not in dispute. In Missouri v. Frye, 566 U.S. 134 (2012), the Supreme Court held that defense counsel has a duty to tell the client about formal plea offers from the prosecution, and it noted that 94% of state convictions are the result of guilty pleas. The terms of that plea are where a defense lawyer earns the fee.

The downward departure statute lists reasons a judge can use to go below the Criminal Punishment Code scoresheet, the point system that sets the lowest permissible prison sentence. One of them is that “the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” Another is that the victim “was an initiator, willing participant, aggressor, or provoker of the incident.” Proving those reasons takes evidence, and gathering it is defense work.

The record matters as much as the sentence. Under section 943.059, a person can petition to seal a record only if he or she has never been adjudicated guilty in Florida of a criminal offense and was not adjudicated guilty in the case being sealed. A plea negotiated with a withhold of adjudication, or a case closed through diversion, can keep that door open; a conviction closes it.

When should I hire a lawyer if I am being investigated or was just arrested?

Hire a lawyer as soon as you learn police want to talk to you, and no later than first appearance if you were arrested. After an arrest in Hillsborough County, first appearance happens within 24 hours, and the State Attorney’s Office generally has 30 days to file charges if you are in custody and 60 days if you are out. Those windows are when innocence evidence does the most good.

Our guide on what to do after being arrested in Tampa walks through the first 48 hours and the first 30 days step by step. If cost is the worry, our post on what a criminal defense attorney costs in Tampa explains how fees are set, and our comparison of a public defender and a private attorney covers both options.

Frequently asked questions

Can I be arrested in Florida if I didn’t do anything wrong?

Yes. An officer can arrest on probable cause, which is far less than proof, so a false report or a mistaken identification can lead to an arrest of an innocent person. The Brancato Law Firm handles these cases from the first call, gathering the evidence that the arrest report leaves out and presenting it to the prosecutor before charges are filed.

Will hiring a lawyer make me look guilty?

No. Asking for a lawyer is a constitutional right, and prosecutors and judges see represented clients every day. Our attorneys at The Brancato Law Firm present innocent clients’ evidence through counsel so that nothing the client says can be twisted, which protects the client far more than a solo explanation to a detective.

Can charges be dropped before court if I am innocent?

Yes. The State Attorney can decline to file charges, file a “no information,” or dismiss a case after filing with a nolle prosequi. The Brancato Law Firm pursues that result through pre-file advocacy, putting witness statements, video, and other proof in front of the assigned prosecutor before the filing decision.

What if the person who accused me wants to take it back?

An accuser cannot drop a criminal case in Florida, because the State Attorney decides whether to prosecute. The Brancato Law Firm can help an accuser who wants to recant do so properly, such as through a sworn affidavit given to the prosecutor, without the client contacting the accuser, which can violate a no-contact order.

Should I take a plea deal if I am innocent?

Only you can decide whether to accept a plea, and you should never plead guilty to something you did not do without understanding every consequence. Under Missouri v. Frye, your lawyer must tell you about every formal offer, and our attorneys at The Brancato Law Firm explain each offer against the strength of the defense, the sentence you face at trial, and the effect on your record.

Does a public defender work for an innocent person?

Yes. A public defender represents anyone the court appoints, innocent or not, and many are excellent lawyers carrying heavy caseloads. The Brancato Law Firm offers private representation that can start before an arrest or before first appearance, which is earlier than an appointment usually begins.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Talk to our attorneys before you talk to anyone else

Before you answer a detective’s call or explain yourself to anyone, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys can start gathering the proof of your innocence today, while video and witnesses are still available, and you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our Hillsborough County criminal defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

When a fleeing and eluding case reaches a prosecutor or a judge, the first question is what the driver knew: whether the patrol car’s lights and siren were on, whether its markings were visible, and how long the driver kept going. Those questions are familiar to me as a former police academy instructor. My name is Rocky Brancato; I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend fleeing charges across Hillsborough, Pinellas, and Pasco Counties by testing that proof against the video, the dispatch records, and the statute as it reads after the 2025 changes. The same knowledge questions decide boat and jet ski cases that FWC officers charge under section 843.18, covered below.

Is fleeing and eluding a felony in Florida?

Yes, at every level. Section 316.1935, Florida Statutes makes the lowest form of fleeing a third-degree felony, and the charge climbs with speed, recklessness, injury, and a connection to a crash.

The maximums come from section 775.082, Florida Statutes. There is no misdemeanor version, and section 316.1935(6) provides that “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.” A conviction is a felony conviction. Our Tampa criminal traffic lawyer team looks for a path to a lesser charge from the first review of the file.

What does the State have to prove in a fleeing and eluding case?

It depends on the subsection. Under section 316.1935(1), the State must prove the driver had “knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer” and then willfully refused or failed to stop, or stopped and then willfully fled. Subsection (1) has no lights, siren, or marked-car element.

The more common charge under subsection (2) adds three facts about the police car: it was “an authorized law enforcement patrol vehicle,” it had “agency jurisdictional markings prominently displayed on the vehicle,” and it had its “siren and lights activated.” The statute requires both the siren and the lights.

Each element is a defense point. A driver who never heard a siren, never saw lights in the mirror, or could not tell an unmarked car was police has a knowledge defense. Our attorneys at The Brancato Law Firm match the officer’s account to the dash camera, body camera, and radio timeline second by second.

What did Florida’s 2025 fleeing law change?

It changed the markings language, raised two offense rankings, and added a repeat-offender multiplier. CS/CS/HB 113, enacted as chapter 2025-75, Laws of Florida, took effect October 1, 2025. It passed the House 101 to 9 and the Senate 36 to 0.

1. Markings. The law removed the requirement that the pursuing car “prominently display agency insignia.” The statute once read “agency insignia and other jurisdictional markings”; it now reads “agency jurisdictional markings.”
2. Rankings. Section 921.0022, the offense severity chart that drives the sentencing scoresheet, now ranks subsection (3)(a) at Level 5 instead of Level 4 and aggravated fleeing under (4)(a) at Level 6 instead of Level 5. A higher level means more points and a higher lowest permissible sentence.
3. The 1.5 multiplier. Under section 921.0024(1)(b), Florida Statutes, “If the primary offense is fleeing or attempting to elude a law enforcement officer or aggravated fleeing or eluding in violation of s. 316.1935, and in the offender’s prior record, there is one or more violation of s. 316.1935, the subtotal sentence points are multiplied by 1.5.”

The 2025 law did not create the 3-year mandatory minimums, the ban on withholding adjudication, or vehicle forfeiture. Those were already in the statute. The offense date matters: for a chase before October 1, 2025, the older insignia element and the older rankings still apply.

What is the mandatory minimum for fleeing and eluding?

Three years in prison, but only for the two first-degree tiers. Subsection (3)(b), fleeing at high speed or with wanton disregard that causes serious bodily injury or death, and subsection (4)(b), aggravated fleeing that causes serious bodily injury or death, each carry a “mandatory minimum sentence of 3 years imprisonment.” Under section 316.1935(6), those minimums are not eligible for gain-time or discretionary early release, except for pardon, clemency, or conditional medical release.

The other tiers have no mandatory minimum, but the scoresheet still controls. A Level 5 or Level 6 ranking, plus the 1.5 multiplier for a repeat case, can produce a prison score even when no one was hurt. Our attorneys at The Brancato Law Firm prepare an independent scoresheet and challenge every point the State adds.

Will you lose your license or your car for fleeing?

Possibly both. Section 316.1935(5) provides that “The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license” of anyone convicted under subsections (1) through (4). Under section 316.1935(7), a vehicle used in the offense is “deemed to be contraband” and can be forfeited under Florida’s contraband forfeiture law.

Our attorneys at The Brancato Law Firm raise the revocation length and any forfeiture claim in negotiations, because a family car or a commercial license can be at stake.

How do our attorneys fight a fleeing and eluding charge?

We attack the element the State is weakest on, then push for a lesser charge. Three appellate cases show how the arguments work.

Markings for older offense dates. In Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010), the officer drove a “marked patrol car” with “lights on top,” and the lights and siren were on. The First District held that was not enough because “there was no evidence of ‘agency insignia and other jurisdictional markings prominently displayed on the vehicle,'” and it directed a conviction under subsection (1) instead. The insignia requirement is gone for chases on or after October 1, 2025, but the State must still prove jurisdictional markings were “prominently displayed.”

High speed and wanton disregard. In Canidate v. State, 238 So. 3d 412 (Fla. 4th DCA 2018), a Martin County driver went 40 in a 35 zone with occasional weaving, and no person or property was affected. The court held that was not “wanton disregard,” which it defined as “a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.” The second-degree conviction was reversed and the case sent back for a conviction under subsection (2).

Evidence from every county. In Johnson v. State, No. 1D2024-0912 (Fla. 1st DCA Nov. 5, 2025), a pursuit in marked cars with lights and sirens followed a vehicle theft. Radar captured 127 mph in Jackson County, and the court held that evidence was admissible to prove the high-speed element of a Bay County charge, because each element need not occur in the charging county. The lesson for the defense is to gather records from every agency the chase passed through.

In practice, our attorneys:

1. Test knowledge. We check the video for when lights and siren came on, what the driver could see, and how long the driver drove afterward.
2. Test the patrol car. We get photographs of the vehicle and its markings.
3. Test speed and wanton disregard. We compare radar, GPS, and video with the road and traffic conditions.
4. Test the stop. If the officer had no lawful basis for the order to stop, we challenge it. Our post on how long a traffic stop can last in Florida covers the limits on stops.
5. Test identity. In chases where the driver ran from the car, we look at who was actually seen driving.
6. Negotiate a reduction. Florida’s reckless driving statute, section 316.192, Florida Statutes, provides that “Fleeing a law enforcement officer in a motor vehicle is reckless driving per se,” which makes reckless driving a natural reduction target. Our guides on reckless driving in Florida and fighting a reckless driving charge explain that charge.

How often do police pursuits end in deaths?

More often than they used to, nationally. Pursuit-related deaths in the United States rose from 382 in 2015 to 532 in 2020, a 39% increase, according to NHTSA crash data reported by the Police Executive Research Forum in Vehicular Pursuits: A Guide for Law Enforcement Executives on Managing the Associated Risks (COPS Office, U.S. Department of Justice, 2023). The report counted 2,604 pursuit-related deaths from 2015 through 2020.

The Bureau of Justice Statistics estimated about 68,000 police pursuits in 2012, about 186 a day, in Police Vehicle Pursuits, 2012-2013 (May 2017). We could not find a published Florida count of pursuits, so these figures are national. Our attorneys at The Brancato Law Firm treat every fleeing charge as a serious felony case from the start.

What should you do after a fleeing and eluding arrest?

Get the video preserved. Dash camera, body camera, and dispatch recordings often decide fleeing cases, and every agency involved in the chase may hold a piece. A person arrested in Hillsborough County sees a judge at first appearance within 24 hours, held at the Orient Road Jail, and the State Attorney’s Office for the 13th Judicial Circuit files the charging information. Before then:

1. Say nothing about the chase, including why you did not stop.
2. Write down the route and times while you remember them.
3. Keep your phone records, which can show calls, navigation, or location.
4. Call a lawyer quickly, so preservation requests go out to every agency.

If the chase began after a crash, the case may also include a leaving the scene charge, covered in our guide on whether leaving the scene of an accident is a felony in Florida.

Is fleeing FWC in a boat or on a jet ski a felony in Florida?

Yes. Under section 843.18, Florida Statutes, it is a third-degree felony for “the operator of any boat plying the waters of the state” who knows an officer has directed the vessel to stop to willfully refuse or fail to stop, or to stop and then willfully flee. The maximum sentence is 5 years in prison under section 775.082 and a $5,000 fine under section 775.083, Florida Statutes. The Florida Fish and Wildlife Conservation Commission (FWC) brings most of these cases, because its officers patrol the state’s waters.

A jet ski counts. Florida’s boating law, section 327.02, Florida Statutes, defines a “personal watercraft” as a vessel under 16 feet powered by a water jet pump, and says “vessel” is synonymous with “boat.” Our attorneys at The Brancato Law Firm read a vessel fleeing charge element by element, because each one is a fact the State has to prove.

How is fleeing in a boat different from fleeing in a car?

The boat statute has one level and fewer built-in penalties. Section 843.18 is a single third-degree felony, while section 316.1935 climbs to first-degree felonies with 3-year mandatory minimums. The comparison below comes from the text of each statute.

The missing withhold ban matters. Because section 843.18 has no clause like section 316.1935(6), the statute itself does not stop a judge from withholding adjudication, which can keep a client from being a convicted felon. Our attorneys at The Brancato Law Firm build the mitigation for that request from the start of a vessel case.

One rule from car cases will likely carry over. In State v. Kirer, 120 So. 3d 60 (Fla. 4th DCA 2013), a driver kept going for about five minutes at roughly 10 mph despite a deputy’s lights, siren, and loudspeaker orders. The Fourth District held the deputy had probable cause for fleeing “regardless of whether probable cause initially justified the stop.” We found no published Florida appellate opinion applying section 843.18, but its wording tracks section 316.1935(1), so we expect prosecutors to argue that an unlawful stop is no defense to vessel fleeing either.

The lawfulness of the stop still matters to the companion charge. Resisting without violence under section 843.02, Florida Statutes requires that the officer was acting “in the lawful execution of any legal duty.” Our post on resisting an officer without violence in Florida explains that element.

What other charges come with fleeing on the water?

Most vessel fleeing cases carry a stack of lesser charges and citations. They are listed below with the classification each statute gives them.

The small citations are not just paperwork. Registration records tie a vessel to its owner, and an expired registration citation cannot be paid by mail under section 327.73. Our attorneys at The Brancato Law Firm handle the infractions with the felony so nothing is left open.

How did FWC identify two Tampa jet ski riders months after the chase?

With surveillance video, witnesses, and phone data. On October 30, 2026, FOX 13 reported that FWC officers served arrest warrants on two Tampa men, ages 25 and 23, over a July 12 incident in Hillsborough County. According to the report, a caller said three jet skis were running through a designated slow speed area, an officer found two matching jet skis, identified himself, and ordered the riders to stop, and both riders “sped away at high speeds through the slow speed zone.” FWC said investigators identified them through surveillance recordings, witness statements, and mobile phone data.

The reported charges were fleeing to elude, resisting without violence, interference with an FWC officer, and the slow speed zone violation, plus citations for improper display of a registration number, expired registration, and failing to update a driver license address. One jet ski was impounded. These are allegations, and both men are presumed innocent. Our attorneys at The Brancato Law Firm point to cases like this one because they show how FWC builds a case after the rider is gone.

Getting away on the water does not end the case. About 3.5 months passed between the July 12 incident and the late-October warrants, and under section 775.15, Florida Statutes, the State generally has 3 years to file a third-degree felony. Jet skis are also a large share of Florida’s boating accidents: in 2025, personal watercraft were involved in 23% (161) of Florida’s 694 reportable boating accidents while making up 17% of registered vessels, according to the FWC 2025 Boating Accident Statistical Report. The same report counts 42,528 registered vessels in Hillsborough County in 2025.

How do our attorneys challenge phone data and video in a vessel fleeing case?

We test how the State got the data and whether it actually points to our client. Phone location evidence comes in different forms, including carrier cell-site records, “tower dumps” listing every phone that used a tower in a time window, and geofence requests to companies like Google, and each one has its own warrant rules.

• Carpenter v. United States, 585 U.S. 296 (2018): the government obtained 127 days of a robbery suspect’s cell-site records from his carrier, and the Supreme Court held that police “must generally obtain a warrant supported by probable cause” for those records.
• Tracey v. State, 152 So. 3d 504 (Fla. 2014): police tracked a suspect’s phone in real time without a warrant, and the Florida Supreme Court held that real-time cell-site tracking is a search requiring probable cause and that the evidence was subject to suppression.
• Chatrie v. United States, 609 U.S. 605 (2026): police used a geofence warrant to get Google location data after a credit union robbery, and on June 29, 2026, the Supreme Court held 6 to 3 that obtaining that data is a Fourth Amendment search. It sent the case back to decide whether the warrant was valid. Our post on whether police can track your phone without a warrant in Florida covers the ruling.

Broad location warrants sweep in strangers. U.S. Magistrate Judge Beth W. Jantz warns that these tools let the government “over-collect location data of uninvolved third parties,” in Simulating More Particularity: Ideas for Approaching Search Warrants for Geofences, Tower Dumps, and Cell-Site Simulators, 16 Federal Courts Law Review (2024). In a vessel case, our attorneys:

• Get every warrant and application for phone records, and check the time window, the area covered, and the probable cause behind each step.
• Find out whether the data came from a tower dump or a geofence, and how investigators narrowed a list of phones to our client. Our guide to cell phone location evidence explains what the records can and cannot show.
• Test identification from video. Distance, glare, sunglasses, life jackets, and look-alike jet skis make faces hard to read, and a registration number identifies a vessel, not its rider.
• Test the stop order. We ask whether the officer was identifiable as law enforcement, how the order was given, and whether a rider could hear it over the engine.
• Compare witness statements with the video and the timeline, because callers often describe a group of riders rather than one person.

What should you do if FWC is looking for you?

Do not talk to the investigator, and call a defense lawyer before a warrant issues. FWC officers are law enforcement officers with “full power to investigate and arrest” under section 379.3313, Florida Statutes, and a casual phone call can fill the gap between a jet ski and the person riding it.

• Do not return the officer’s call or explain what happened. A statement that you were on the water that day may be the identification the case is missing.
• Do not delete texts, photos, or location history, and do not sell, repaint, or hide the vessel. Doing so can lead to a separate tampering charge.
• Let a lawyer contact the investigator. Our representation before charges are filed can include presenting facts to the State Attorney’s Office before a decision is made.
• If a warrant is coming, plan the surrender. In Hillsborough County, a person arrested on a warrant is booked into the jail and sees a judge at first appearance, and our post on the bond walkthrough process in Hillsborough County explains how a planned surrender works.

Our attorneys at The Brancato Law Firm defend FWC boating cases in Hillsborough, Pinellas, and Pasco Counties.

Frequently asked questions about fleeing and eluding in Florida

Can fleeing and eluding charges be dropped in Florida?

Yes, when the State cannot prove the driver knew of the order to stop, cannot prove the patrol car’s markings, lights, and siren, or cannot prove who was driving. The Brancato Law Firm builds those arguments from the video and presents them to the prosecutor, as described on our criminal traffic defense page.

Does the police car have to be marked in a Florida fleeing case?

For a subsection (2) charge, yes: since October 1, 2025, the car must have “agency jurisdictional markings prominently displayed,” though agency insignia is no longer required. Our attorneys at The Brancato Law Firm check the offense date first, because older cases still require insignia.

Can you get a withhold of adjudication for fleeing and eluding in Florida?

No; section 316.1935(6) bars a court from withholding adjudication for any fleeing offense. The Brancato Law Firm therefore works to defeat the charge or negotiate a reduction to a different offense, such as reckless driving.

How long is your license revoked for fleeing and eluding in Florida?

At least 1 year and up to 5 years, under section 316.1935(5). Our attorneys at The Brancato Law Firm argue for the shortest revocation the facts support.

Can fleeing and eluding be reduced to reckless driving in Florida?

It can be, because the reckless driving statute treats fleeing in a vehicle as reckless driving per se. The Brancato Law Firm pursues that reduction when the State’s proof on knowledge or markings is weak, and our post on reckless driving in Florida explains the penalties.

What is the 1.5 multiplier for repeat fleeing in Florida?

It multiplies the subtotal sentence points by 1.5 when the primary offense is fleeing and the prior record includes a fleeing violation, under section 921.0024(1)(b). Our attorneys at The Brancato Law Firm check whether the prior actually counts and whether the offense date is on or after October 1, 2025.

Is fleeing on a jet ski a felony in Florida?

Yes; a jet ski is a vessel, and fleeing an officer’s directive to stop in any boat is a third-degree felony under section 843.18, Florida Statutes, punishable by up to 5 years in prison and a $5,000 fine. The Brancato Law Firm defends these FWC cases by testing who was operating the jet ski and whether the rider knew of the order.

Do you lose your driver license for fleeing in a boat in Florida?

Section 843.18 has no driver license revocation provision, unlike section 316.1935(5) for vehicles. Our attorneys at The Brancato Law Firm still check for related citations, such as an outdated license address, that need to be resolved in court.

Can FWC arrest you months after a boat chase?

Yes; FWC can investigate after the fact and obtain an arrest warrant, and the State generally has 3 years to file a third-degree felony. If you think FWC is looking for you, The Brancato Law Firm can step in through pre-file advocacy before a warrant is served.

Call a Tampa fleeing and eluding defense attorney

Pursuit video and dispatch recordings are easiest to secure in the first days after an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will send preservation requests to every agency involved, including FWC in a boat or jet ski case, test the State’s proof on knowledge and markings, and push for a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Criminal Traffic Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were just arrested for drug possession in Hillsborough County, the most valuable weeks of your case are the ones before the State Attorney’s Office decides whether to file a charge. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In more than 25 years in Hillsborough County courtrooms, I have watched DETRR and the programs before it turn possession arrests into closed cases, and our attorneys work to get eligible clients into the program before a charge is ever filed.

What is the DETRR program in Hillsborough County?

DETRR is a drug diversion program run by the Hillsborough County State Attorney’s Office in the 13th Judicial Circuit. The State Attorney’s Office describes it as “limited to drug possession cases for low-risk, non-violent offenders” and lists it among its diversion programs on its programs page. The program launched in October 2020 as a step below Drug Treatment Court, for people whose drug use does not call for the closer supervision of a treatment court.

The deal is simple. The person waives the right to a speedy trial in writing, completes whatever education or treatment the program assigns, and stays arrest-free for six months from the day they enter. If they do, the drug possession charge is dismissed. If they are arrested again, the State can go back to prosecuting the original charge. DETRR is a Hillsborough County program, so our Hillsborough County criminal defense attorneys handle it through the State Attorney’s Office in Tampa.

Who qualifies for DETRR?

DETRR has three levels, and the level depends on the drug, the amount, and the person’s history. According to the State Attorney’s Office DETRR information sheet for defense attorneys, each level can be used only once, and a later arrest moves a person up to the next level if they are otherwise eligible.

Level 1 reaches further than many people expect. Under section 893.13(6)(b), Florida Statutes, possession of 20 grams or less of cannabis is a first-degree misdemeanor, and more than that is a third-degree felony under section 893.13(6)(a). Because DETRR Level 1 goes up to 30 grams, it covers some felony cannabis cases as well as misdemeanors. Our post on how much marijuana is a felony in Florida explains those weight lines.

What disqualifies someone from DETRR?

Any sign of sale or distribution, any trafficking charge, and a violent or high-risk profile keep a person out of DETRR at every level. Pending charges and felony probation also matter. The table below sorts what the State Attorney’s Office lists as disqualifying from what it says does not, by itself, rule a person out.

Can DETRR happen before charges are filed?

Yes, if the defense reaches the State Attorney’s Office early enough. The State Attorney’s Office materials describe DETRR in terms of dismissing a charge, and some sources treat it as a program for cases that are already filed. In our experience, the Hillsborough State Attorney’s Office will also do diversion before filing: when the defense contacts the prosecutor quickly after the arrest, the person waives speedy trial, and the office holds off on filing the charge while the person completes the program.

That timing matters. A case that is never filed leaves no charging document at all, which is the cleanest result a person can get after an arrest. The speedy trial waiver is what makes it work: it gives the State the time to wait without losing the case. This is the core of our pre-file advocacy work, and it is why the first call after a drug arrest should come early, not after the State has already filed.

How often are Hillsborough drug possession cases never filed?

In 2025, the Hillsborough County State Attorney’s Office filed no charge in 62% of the 7,069 drug possession cases it decided, up from 27% in 2022, according to the Florida Department of Law Enforcement’s Criminal Justice Data Transparency database. Marijuana possession cases followed the same path: 51% of the 1,373 decided in 2025 were not filed. Those cases come out of a large pool. Hillsborough County recorded 10,502 drug arrests in 2025, according to FDLE arrest data published on the Florida Department of Health’s FLHealthCHARTS site.

The data does not say why a case was not filed, and pre-file diversion is only one reason. In our experience, prosecutors are also less interested in small amounts of marijuana than they were a few years ago, and roadside field tests often do not hold up once the crime lab looks at the evidence. Our post on how to fight a drug charge before it is filed covers the lab and field test issues. The point for anyone facing a possession arrest in Hillsborough is that a filed charge is far from certain, and early work by our attorneys can push a case toward the side that is never filed.

How do you get into DETRR?

Entry into DETRR runs through the prosecutor, not the judge. For Levels 1 and 2, the assistant state attorney in the felony division prepares the DETRR contract and sends it to the defense attorney for the client’s signature. For Level 3, the case goes to Drug Court for a risk-needs assessment, and the prosecutor assigned to Drug Court prepares the contract. After the case is closed into the program, the person takes the signed contract to the Florida Department of Corrections office at 1313 N. Tampa Street within 24 hours and is assigned an officer who tracks the six months.

1. Our attorneys confirm eligibility from the arrest report, the substance, the weight, and the client’s record.
2. We contact the assigned prosecutor, ideally before the filing decision, and ask for DETRR.
3. The client signs the contract and the written speedy trial waiver.
4. The client reports to the Department of Corrections within 24 hours and completes any required evaluation and treatment.
5. After six months with no new arrest, the charge is dismissed, or, in a pre-file case, never filed.

The prosecutor’s decision is final. In Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a woman charged with welfare fraud met every statutory requirement for pretrial intervention, but the state attorney refused to consent, and the trial judge ordered her into the program anyway. The Fourth District Court of Appeal quashed that order, and the Florida Supreme Court approved the appellate decision, holding that “the pretrial diversion decision of the state attorney is prosecutorial in nature and, thus, is not subject to judicial review.” The lesson for DETRR is practical: a judge cannot force a prosecutor to offer diversion, so the case for DETRR has to be made to the prosecutor, and made well.

Does DETRR clear your record?

No, not by itself. Finishing DETRR ends the case, but the arrest stays on the person’s criminal history until it is expunged or sealed. The State Attorney’s Office says DETRR participants are offered information about expunction at every level.

DETRR sets a person up well for expunction. Under section 943.0585, Florida Statutes, a person may petition to expunge a record when no charging document was filed, or when the charge was dismissed or nolle prossed, so long as they have never been adjudicated guilty of a criminal offense in Florida and have never had a record sealed or expunged before. The person first applies to FDLE for a certificate of eligibility, which requires a certified statement from the State Attorney’s Office and a $75 processing fee, and the court still decides the petition. A pre-file DETRR case, where the charge is never filed, falls under the first category.

Does diversion actually work?

The research says yes. A National Institute of Justice study, NIJ’s Multisite Evaluation of Prosecutor-Led Diversion Programs (Rempel and others, 2018), compared five prosecutor-run diversion programs in Illinois, Wisconsin, and Vermont with similar cases that went through regular prosecution. Diversion participants were less likely to be convicted or jailed, four of the five programs were linked to lower re-arrest rates, and diversion cases cost less to handle in all four programs studied for cost. DETRR rests on the same idea: for low-risk possession cases, treatment and a clean six months do more good than a conviction.

What should you do after a drug possession arrest in Hillsborough County?

Act within days, not weeks. The pre-file window is when DETRR can keep a charge from ever being filed, and the State Attorney’s Office can file at any time. Do not discuss the case with police or post about it, keep every paper the jail gave you, and do not pick up a new charge, since a pending case can disqualify you. Then call a lawyer who knows how the Hillsborough State Attorney’s Office handles diversion. For more about our defense strategies, visit our Drug Crimes page.

For how this fits into the rest of a case, see our overview of how a Florida criminal case moves from investigation to appeal.

Frequently asked questions about DETRR

Can a judge order DETRR if the prosecutor says no?

No. Under Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a state attorney’s decision on pretrial diversion is not subject to judicial review. That is why our attorneys at The Brancato Law Firm make the case for DETRR directly to the assigned prosecutor, with the facts and records that show the client is low-risk.

Can I get DETRR if I have a prior record?

Often, yes. A prior record does not by itself exclude someone from Level 1 or Level 3, though Level 2 is limited to people with no prior felony conviction or withhold. The Brancato Law Firm reviews the full record before contacting the prosecutor so the request goes in at the right level, and our Tampa drug crimes attorney page explains our wider approach to possession cases.

Is DETRR available in Pinellas or Pasco County?

No. DETRR is a program of the Hillsborough County State Attorney’s Office, and Pinellas and Pasco cases are handled by the State Attorney’s Office for the Sixth Judicial Circuit, which runs its own diversion options. Our attorneys at The Brancato Law Firm handle drug cases in all three counties and know which options each office offers.

What happens if I am arrested again during DETRR?

A new arrest can end the diversion and send the original case back to regular prosecution. The Brancato Law Firm treats that risk seriously from day one, which is why we walk every DETRR client through the six-month terms before they sign.

Does DETRR require a guilty plea?

No. DETRR does not require a guilty or no contest plea. The person signs a contract and a written speedy trial waiver, and after six months arrest-free the charge is dismissed or, in a pre-file case, never filed. Our attorneys at The Brancato Law Firm review every DETRR contract with the client before signing, and in a pre-file case the goal is a charge that is dropped or never filed.

The days right after a drug arrest decide whether DETRR can keep a charge from ever being filed. Our attorneys will review the arrest report, confirm which DETRR level fits, and contact the prosecutor before the filing decision. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Hillsborough County prosecutor deciding whether to file a drug charge looks at two things first: what the lab says the substance is, and how the police found it. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In more than 25 years in Hillsborough County courtrooms, I have watched the filing decision shape drug cases long before any trial date is set. Our attorneys use that window to put the weaknesses in the State’s evidence in front of the prosecutor before a charge is ever filed. Our drug case results include a fentanyl trafficking case dismissed three weeks after the arrest and a not guilty verdict in a 200-to-400-gram cocaine trafficking trial.

This guide explains what happens between a drug arrest and a formal charge in Florida, the court rule deadlines that changed in July 2025, and the five places where drug evidence most often breaks down. If you are facing a drug case now, our Tampa drug crimes attorney page explains how our firm defends these charges.

What happens after a drug arrest in Florida before charges are filed?

After a drug arrest in Florida, the arrest report and the seized evidence go to the State Attorney’s Office, and an assistant state attorney decides whether to file formal charges. The arrest itself is not the charge. The formal charge in a felony drug case is an “information” filed by the prosecutor, and until it is filed, the case sits in what lawyers call the pre-file stage. In the 13th Judicial Circuit, that is where our representation before charges are filed does its most useful work.

During the pre-file stage, three things usually happen at once. The suspected drugs are sent to a crime lab for chemical testing. The prosecutor reviews the arrest report, any body camera video, and the search. And the defense, if one is involved yet, gathers its own evidence and asks the prosecutor to file nothing, file less, or offer diversion.

Florida’s court rules put a clock on this stage. Under Florida Rule of Criminal Procedure 3.134, as amended in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a Florida Supreme Court rules opinion that took effect July 1, 2025, the State must formally charge a jailed defendant within 30 days and a defendant out on bond within 60 days. Missing those deadlines leads to release from jail or from bond conditions. It does not lead to dismissal.

The 2025 amendments also changed Florida’s speedy trial rule. The Florida Supreme Court explained that the speedy trial period “now starts from the date that formal charges are filed rather than from the date of arrest.” The practical effect is that the State faces no speedy trial pressure while it waits for a lab report, so the pre-file stage can run for months when the defendant is not in custody. That is time the defense can use.

How common are drug arrests in Hillsborough, Pinellas, and Pasco Counties?

In 2025, Hillsborough County recorded 10,502 drug arrests, a rate of 666.5 per 100,000 residents, compared with 383.1 per 100,000 statewide, according to Florida Department of Law Enforcement arrest data published on the Florida Department of Health’s FLHealthCHARTS site. That puts Hillsborough’s drug arrest rate about 74 percent above the state average. Pinellas County recorded 5,269 drug arrests in 2025 and Pasco County recorded 1,817.

Together, the three Tampa Bay counties our firm serves accounted for 17,588 of Florida’s 89,562 drug arrests in 2025, or about one in five. Each of those arrests goes through the same filing decision described above. FDLE notes that its figures count arrest events and that one arrest can include several charges. Our attorneys handle drug cases in Hillsborough County, Pinellas County, and Pasco County, and the filing practices of each State Attorney’s Office differ.

Is a roadside field test enough to prove a drug charge in Florida?

No. A roadside field test is a presumptive screen that tells an officer a substance might be a drug. It is a color-change kit, and it can react to legal substances. Florida appellate courts have held that a field test alone did not prove what a package contained, which is why the crime lab report carries so much weight in the filing decision.

A 2024 report by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Carey Law School estimated that about 773,000 drug arrests in the United States each year involve these presumptive field tests. The same report estimated that around 30,000 arrests each year involve people who did not possess any illegal substance, and it noted that the true error rate of the tests remains unknown. Our firm treats a positive field test as a claim the lab still has to confirm.

Tampa Bay has its own record with these kits. A 2016 investigation by ProPublica and the Tampa Bay Times found that over the first several months of 2014, the Hillsborough County Sheriff’s Office arrested 15 people on drug charges for substances the Florida state crime lab later determined were not drugs. Other Florida cases reported in the news follow the same pattern: a roadside color change, an arrest, and a lab result that came too late to prevent it.

The Martinez case was reported by ProPublica and the Tampa Bay Times, the Shaw case by FOX 13 Tampa Bay, and the Rushing case by CBS News. Each of them was cleared by a lab, but only after an arrest. That is why our attorneys push for the lab result before the State makes its filing decision, and why we challenge any case that rests on a field test alone.

Florida’s Second District Court of Appeal, which hears appeals from Tampa Bay, applied that principle in Smith v. State, 835 So. 2d 387 (Fla. 2d DCA 2003). An officer field-tested two baggies of suspected methamphetamine, then poured them into one bag without weighing either one. The court held that “the field test alone does not make a prima facie case” for trafficking and reduced the conviction to armed possession. The lesson carries forward: when the only proof of what was in a package is a field test, the State has a gap.

Where does the lab evidence in a Florida drug case break down?

Drug evidence in a Florida case usually breaks down in one of five places: the field test, the lab’s testing choices, the weight, the chain of custody, or the analyst who testifies. Our attorneys review each one before we talk to the prosecutor, because a weakness found before filing can change what charge, if any, the State files.

1. The lab tested a sample, not every package

When the total weight of several packages matters, Florida courts have required the State to test each package rather than infer the contents from one. In Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025), a Hillsborough County case, detectives found 50 vacuum-sealed bundles of a green, leafy substance, but the FDLE lab tested only one sample, which weighed 24.47 grams. Every State witness admitted they could not tell legal hemp from illegal cannabis by appearance or smell. The Second District reversed the trafficking conviction and ordered it reduced to felony possession of cannabis, holding that the State “must chemically test each packet” when it relies on multiple packages to reach a trafficking weight.

2. Hemp and marijuana look and smell the same

Since hemp became legal, Florida courts recognize that hemp and marijuana cannot be told apart without testing. The Campbell court explained that a substance with a THC concentration above 0.3% is illegal cannabis, and one below 0.3% is legal hemp. That makes the lab’s THC result central in any marijuana or THC case, including vape and edible cases. Our post on how much weed is a felony in Florida explains the weight thresholds that follow from that result.

3. The weight includes the wrong things

Drug charges in Florida climb with weight, and trafficking under section 893.135, Florida Statutes carries mandatory minimum prison sentences. When officers combine packages before weighing them, weigh drugs in their packaging, or estimate pill counts, the weight that drives the charge may not be the weight of the drug. In Smith, combining two baggies before weighing them cost the State its trafficking conviction. Our post on fentanyl trafficking defenses covers how weight issues play out in the most serious cases.

4. The chain of custody has a gap

Florida admits physical evidence unless there is evidence of probable tampering. In Murray v. State, 3 So. 3d 1108 (Fla. 2009), a murder case involving hair evidence, the Florida Supreme Court held that once the defense produces evidence of probable tampering, the burden shifts to the State to establish a proper chain of custody. In drug cases, our attorneys compare the evidence log, the lab intake form, and the weights recorded at each step. A package that gains or loses weight, or changes description, between the scene and the lab is the kind of discrepancy that meets that burden.

5. The analyst who did the testing does not testify

A defendant has the right to confront the lab analyst whose testimonial findings are used against him. In Smith v. Arizona, 602 U.S. 779 (2024), the State of Arizona replaced the analyst who tested the drugs with a substitute expert who relayed her notes and report to the jury. The U.S. Supreme Court held that when an expert relays an absent analyst’s statements to support his opinion, those statements come in for their truth, and if they are testimonial, the defendant has the right to cross-examine the person who did the lab work. The Court sent the case back to decide whether the absent analyst’s statements were testimonial. When analysts leave crime labs or cases are reassigned, that ruling gives the defense real leverage.

Two more issues sit alongside the lab evidence. The first is how the drugs were found: an illegal stop or search can lead to a motion to suppress that keeps the drugs out of evidence, and our posts on drugs thrown down during a police encounter and confidential informants cover two common search issues. The second is knowledge. Under section 893.101, Florida Statutes, lack of knowledge of the illicit nature of a substance is an affirmative defense, and drugs found in a shared car or home raise the constructive possession questions the State must answer. If the lab identifies a different drug than the one charged, our post on being charged with the wrong drug explains what follows.

What can a defense lawyer do before drug charges are filed in Tampa?

Before charges are filed, a defense lawyer can give the prosecutor reasons not to file, to file less, or to offer diversion, while the prosecutor still has full discretion. Once an information is filed, every change has to be negotiated. In our firm’s pre-file drug work, the steps usually look like this:

• Find the weak points first. We review the arrest report, body camera video, and property receipts for the five evidence problems above.
• Document lawful explanations. A valid prescription is a complete answer to many possession charges under section 893.13(6)(a), Florida Statutes, and a receipt for a lawful hemp product can matter in a THC case.
• Press the timeline. We track when the evidence was submitted to the lab and hold the State to the Rule 3.134 deadlines.
• Present mitigation. Employment, school, treatment, and a clean record give the prosecutor a reason to choose diversion over a felony filing.
• Ask for a specific outcome. We ask for a no information, a misdemeanor instead of a felony, or entry into a pretrial program, depending on what the evidence supports.

Speed matters at this stage. In a January 2025 case, a client was arrested for possession of cocaine and possession of a firearm during the commission of a felony. Rocky argued at first appearance that the facts did not meet the intent of the firearm statute, the judge set low bonds, and his immediate work with the intake prosecutor led to both charges being dismissed within days of the arrest. In a March 2025 fentanyl trafficking case, Rocky defeated the State’s motion for pretrial detention, challenged constructive possession and the vehicle search, and the prosecutor issued a Letter of Release within three weeks of the arrest.

Arrests at the Port Tampa Bay cruise terminals show how this works in practice. In March 2026, a husband and wife who flew to Tampa for a cruise were arrested after the cruise line’s security screening found felony amounts of marijuana in their shared luggage, including vape cartridges, flower, and edibles. Before the State made its filing decision, Rocky presented the facts to the State Attorney’s Office and argued constructive possession: neither spouse could be individually linked to drugs in shared luggage. The State never filed charges against either one. Our post on cruise ship arrests in Tampa covers those cases in more detail.

Can drug charges be dropped in Florida?

Yes. Florida drug charges can be dropped before filing through a no information, or dismissed after filing through a pretrial intervention program. Under section 948.08(6), Florida Statutes, a person charged with a nonviolent felony who has a substance abuse problem and no more than two prior nonviolent felony convictions is eligible for a pretrial drug treatment program, and “the court shall dismiss the charges” on successful completion. Admission is not automatic, and the State can oppose it in some cases.

In Hillsborough County, the 13th Judicial Circuit’s Administrative Order S-2026-002, effective February 2, 2026, governs Adult Drug Treatment Court. Its pretrial program does not require a guilty or no contest plea, and successful completion results in dismissal. The defendant must waive speedy trial for the diversion period. The circuit’s post-adjudicatory drug court is different: it requires a plea and is limited to nonviolent felonies scoring 60 points or fewer on the Criminal Punishment Code scoresheet.

Diversion is often the result of pressure on the evidence. In an August 2025 amphetamine trafficking case, Rocky filed a motion to suppress that exposed serious weaknesses in the State’s case. The trafficking charge was reduced, and the client was accepted into a diversion program under which the case will be dismissed once he completes a drug evaluation and any recommended outpatient treatment. In an October 2026 case, a young man charged with multiple counts of possessing party drugs and pills completed a diversion program Rocky negotiated, the charges were dismissed, and he is now eligible to have his record expunged.

Possession of most controlled substances under section 893.13(6)(a) is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Those exposures are why the filing decision matters so much: the difference between a felony information and a no information is the difference between a felony record and none.

How often are drug possession arrests in Tampa Bay never filed?

In Hillsborough County, the share of drug possession cases the State Attorney’s Office never filed more than doubled in four years, from 27% of the 3,280 cases it decided in 2022 to 62% of the 7,069 cases it decided in 2025. Marijuana possession followed the same path in Hillsborough, rising from 27% not filed in 2022 to 51% in 2025. Pinellas County held steady: the State Attorney’s Office there filed no charge in 20% of the 3,163 drug possession cases it decided in 2025, about the same share as in 2023 and 2024. Pasco County’s reported data covers only 2022 and 2023 and a small share of cases, but in that sample 6% of 436 drug possession cases were not filed. These figures come from the Florida Department of Law Enforcement’s Criminal Justice Data Transparency database, which collects the filing decisions each State Attorney’s Office reports under section 900.05, Florida Statutes.

In our experience at The Brancato Law Firm, P.A., three things drive Hillsborough’s rise. Prosecutors are less interested in small amounts of marijuana than they were a few years ago. Pre-file diversion programs give people with low-level possession cases a way to avoid a filed charge, and in Hillsborough the State Attorney’s Office will hold off on filing while a person completes diversion if the defense reaches the prosecutor quickly enough. And roadside field reagent tests are unreliable, as explained above, so a case that rests on a field test often does not hold up once the lab looks at the evidence. Filing practices differ by county, which is why representation before charges are filed starts with knowing how the State Attorney’s Office in that county handles these cases.

About these numbers: Each case is counted once. A case counts as “not filed” when the State Attorney filed no charge in it. Cases consolidated into another case or transferred to another court are excluded. “Drug possession” here means possession of a controlled substance other than marijuana.

What should you do if you are arrested or under investigation for drugs in Tampa?

Talk to a defense lawyer before the State files charges, because Florida’s court rules expect a filing decision within 30 days for a jailed defendant and 60 days for one on bond, and the lab result can arrive sooner. Until then, protect the case:

• Do not explain, discuss, or text about the drugs, the car, or the house with anyone, including family. Jail calls are recorded.
• Do not talk to detectives or agree to a “just to clear things up” interview without a lawyer.
• Keep prescriptions, pharmacy records, and receipts for any lawful hemp or CBD products.
• Write down who had access to the car, room, or bag where the drugs were found.
• Save the property receipt and bond paperwork. The dates on them help track the Rule 3.134 deadlines.

If detectives contact you before any arrest, the same rules apply. Our pre-file advocacy page explains how our firm handles investigations before charges.

What results has our firm gotten in Tampa drug cases?

Our attorneys have won drug cases at every stage: before charges were filed, through motions to suppress and diversion, and in front of juries. The results below are drawn from our firm’s published case results and include trafficking dismissals, not guilty verdicts, and reductions that kept clients out of prison.

Past results do not guarantee future outcomes. Each result depended on its own facts. You can read the full story behind each one on our case results page.

Frequently asked questions

How long does the State have to file drug charges in Florida?

The State must file formal charges within 30 days if you are in jail and within 60 days if you are out on bond, under Florida Rule of Criminal Procedure 3.134. The Brancato Law Firm tracks those dates from the day of arrest and moves for release the day a deadline passes. Missing the deadline leads to release, and the State can still file later. Our representation before charges are filed page explains that work.

Can a drug lab backlog delay my release from jail in Florida?

Yes, sometimes, because a lab backlog can count as good cause to hold a defendant until day 40. At every Rule 3.134 hearing, our attorneys at The Brancato Law Firm press the State for the date it actually submitted the drugs to the lab. In Roberson v. Reyes, 390 So. 3d 669 (Fla. 3d DCA 2023), a Miami-Dade case involving suspected MDMA and oxycodone, the court said a lab backlog “may constitute good cause” but warned that a generic claim of lab delay may not be enough when the State waited almost two weeks to submit the drugs.

Can I be convicted in Florida if only a field test was done?

A field test alone is weak proof of what a substance is, and Florida appellate courts have reversed convictions that depended on one. When the State’s case rests on a field test, The Brancato Law Firm raises it with the prosecutor before filing and, if needed, at trial. In Smith v. State, the Second District held that a field test alone did not prove the contents of baggies the officer combined before weighing. Our drug crimes defense page explains how we defend these cases.

What can cause a false positive on a police drug field test?

Legal substances can trigger the same color change as an illegal drug, and in Florida, reported false positives include doughnut glaze, vitamins, and penicillin for chickens. The Brancato Law Firm treats any arrest based on a field test as unconfirmed until the crime lab reports, and we raise that gap with the prosecutor before charges are filed. Our pre-file defense page explains how we use that window.

Does the lab analyst have to testify at my Florida drug trial?

Often yes, because under Smith v. Arizona a substitute expert cannot simply relay an absent analyst’s testimonial statements to support his own opinion. Our trial attorneys at The Brancato Law Firm check early whether the analyst who did the testing is still available, since the answer can change how the State proves its case.

Do I have to plead guilty to enter drug court in Hillsborough County?

No, not for the pretrial program, which under the 13th Judicial Circuit’s Administrative Order S-2026-002 requires no plea and ends in dismissal on successful completion. The Brancato Law Firm evaluates whether a client qualifies under section 948.08(6) and argues for admission when the State resists.

Can drug charges be dropped in Florida if the drugs were not mine?

Yes, because the State must prove you knowingly possessed the drugs, and drugs found in a shared space raise constructive possession questions the State often cannot answer. Our attorneys at The Brancato Law Firm present those facts to the prosecutor before filing, when a no information is still on the table, and at trial our firm won a not guilty verdict for a client accused of trafficking 200 to 400 grams of cocaine by showing he was merely present. Florida also treats lack of knowledge of a substance’s illicit nature as an affirmative defense under section 893.101.

For more about our defense strategies, visit our Drug Crimes page.

Florida’s court rules give the State 30 days to charge a jailed defendant and 60 days to charge one on bond, and the lab result that drives that decision can arrive sooner. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the arrest report and the evidence and contact the prosecutor before charges are filed. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you just realized the person you were chatting with is underage, or you received a message from someone claiming to be a parent or a detective, the hours that follow can shape whether you are ever charged. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I handled sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office before going on to serve as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys represent people at this stage, before an arrest, and we read the full conversation before giving advice about what happens next.

What Should You Do Right Now If You Messaged a Minor Online?

Stop, preserve, stay silent, and call a lawyer. These five steps protect you whether the other person is a real teenager, an adult who lied about age, a detective, or a vigilante group:

Can You Be Charged for Messaging a Minor Online in Florida?

Yes. Under section 847.0135(3), Florida Statutes, it is a crime to knowingly use “any other device capable of electronic data storage or transmission” to “seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child” to engage in unlawful sexual conduct. No meeting is required. In Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004), a man arranged online to meet a “14-year-old boy” in Jacksonville who was actually a vice detective. The First District upheld his conviction and held that “the Internet communications alone constituted a prima facie case of guilt” under the statute.

Cashatt also matters for anyone who believed the other person was an adult. The court rejected the argument that the statute had no mental state as to age, holding that the statute is presumed to require knowledge “including the age of the child sought to be ‘lured.'” In practice, that means what you knew or believed about the person’s age is central to whether the solicitation statute applies.

Which Florida Charges Can Come From Online Messages to a Minor?

The charge depends on what was said, what was sent, and whether anyone traveled to meet. Our Tampa internet crimes attorney page covers each of these in more depth.

Registration follows from the list of qualifying offenses in section 943.0435, Florida Statutes, which includes section 847.0133 and section 847.0135 (other than subsection 6). Section 847.0133 defines a minor as “any person under the age of 18 years.” Our guide to sex offender registration in Florida explains what registration requires.

What If You Did Not Know the Person Was a Minor?

It depends on the charge. For computer solicitation, your belief about age is part of what the State must prove, so an adult profile, an adult photo, or a stated adult age can be strong evidence. For in-person sexual contact, the rule is the opposite: under section 800.04(3), Florida Statutes, “the perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense” to lewd or lascivious offenses involving someone under 16.

That difference is why the conversation should end the moment you learn the person may be underage. Our age of consent in Florida guide explains the age lines in Florida law.

Was It a Real Minor or a Police Sting?

Many of these cases involve no real child at all. In our practice, Hillsborough County Sheriff’s Office online stings follow two patterns: a deputy answers or posts an adult ad and then claims a teenage age once the conversation is under way, or a deputy poses as an adult offering access to a child. If you were talking with a detective, entrapment and charge-stacking defenses may apply; our post on solicitation of a child using a computer covers those defenses and the leading cases in detail.

Research on real cases points the other way from popular belief. In “Online ‘Predators’ and Their Victims,” published in American Psychologist in 2008 (vol. 63, pp. 111-128), researchers Janis Wolak, David Finkelhor, Kimberly Mitchell, and Michele Ybarra of the University of New Hampshire’s Crimes Against Children Research Center reported that in their national study of arrests, only 5 percent of offenders pretended to be teens when they met potential victims online, and 99 percent of victims of internet-initiated sex crimes were ages 13 to 17. The cases that reach court are usually about older teenagers and conversations that moved toward sex over time, which is why the full chat history matters.

How Do These Investigations Usually Start?

Most investigations start with a report from a parent, a platform, or a tip to the National Center for Missing and Exploited Children. NCMEC reports that in 2023, Florida law enforcement received more than 47,500 actionable CyberTipline reports, and more than 1,800 of them concerned suspected online enticement, including sextortion.

Signs you may already be under investigation include:

• The other person suddenly reveals an underage age after a sexual turn in the conversation.
• The account blocks you, disappears, or is replaced by a message from someone claiming to be a parent.
• Someone asks you to meet, then sends a location you do not recognize.
• A detective calls, leaves a card, or asks you to “come in and talk.”
• Your service provider notifies you of a legal request for your account records.

Our article on signs you are being investigated for a crime in Florida covers other warning signs.

Should You Talk to Police If a Detective Contacts You?

No, not without a lawyer. A detective who calls or knocks is usually trying to confirm that you were the person typing the messages, and a voluntary interview often supplies the identity proof the State does not yet have. You can politely decline to answer questions, decline consent to search your phone, and ask for your lawyer. If officers have a search warrant, do not resist, but do not discuss the case.

Early representation gives the defense a chance to act before the State’s charging decision. Our page on representation before charges are filed explains how our attorneys communicate with investigators and prosecutors on a client’s behalf. If the first contact came from a self-described predator-catcher group rather than police, see our post on vigilante predator catchers in Florida.

How Can a Defense Attorney Help Before You Are Charged?

A defense attorney can review the conversation, preserve evidence that helps you, and keep you from making the statements that most often prove the State’s case. Our attorneys focus on four questions in every case:

1. What did the messages actually say? Sexual talk is not always solicitation; the State must prove an attempt to seduce, solicit, lure, or entice.
2. What did you believe about age? The profile, the photos, and when age was first mentioned matter under Cashatt.
3. Can the State prove you sent the messages? Shared phones, shared accounts, and incomplete screenshots can leave doubt about identity.
4. Was there inducement? If a detective or decoy pushed the conversation toward sex after you pulled back, entrapment may apply.

Frequently Asked Questions About Messaging a Minor Online in Florida

Can I go to jail for texting a 16-year-old in Florida?

You can if the messages solicited sexual conduct, or if you sent obscene material, because Florida treats anyone under 18 as a minor for these offenses. The Brancato Law Firm reviews the actual messages before advising a client, since ordinary conversation is not a crime.

Should I delete the messages if I talked to a minor online?

No, deleting messages can lead to a tampering charge and can destroy proof that the other person claimed to be an adult. Our attorneys at The Brancato Law Firm preserve the full conversation so it can be reviewed for defenses; see our internet crimes defense page.

What if the minor said they were 18?

A stated adult age is strong evidence on the belief element of computer solicitation, but it does not help if the case involves in-person sexual contact with someone under 16. The Brancato Law Firm builds the defense around the exact point where age entered the conversation.

Can a parent press charges for messages to their child?

A parent can report the messages, but the State Attorney’s Office, not the parent, decides whether to file charges. Our attorneys at The Brancato Law Firm can contact the prosecutor before a decision is made; learn more about pre-file advocacy.

How long does an online solicitation investigation take in Florida?

It can take days in a sting case and months when police need records from an app or phone carrier, and an arrest can come without warning. The Brancato Law Firm advises clients during that window so they do not make statements that strengthen the case.

Can charges for messaging a minor be dropped in Florida?

Yes, charges can be declined or dismissed when the messages do not show solicitation, the State cannot prove who sent them, or entrapment applies. The Brancato Law Firm presents those problems to prosecutors early, and when a case is filed we file the motions that test them in court.

Call a Tampa Defense Attorney Before You Talk to Anyone

What you say in the first conversation with a detective can matter more than anything in the chat. Before you answer a call or open the door, talk with The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the conversation with you and tell you what to expect. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page, or our Tampa sex crimes lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you opened an email from Google saying it received legal process about your account, an investigation has already reached your data, and what you do in the next few days matters. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and in more than 25 years in Hillsborough County courtrooms, including my years in the Major Crimes Unit, I have seen how many serious cases begin with a subpoena to a tech company. Today our attorneys take these notices from the other side: we call the agency, learn what it wants, and work to keep the case from ever being filed.

What Does a Google Legal Process Notice Mean?

It means a government agency served Google with legal process for information tied to your account, and Google is telling you about it. Google’s published policy on how it handles government requests for user information says it emails the user before disclosing information unless the law prohibits notice, the account is disabled or hijacked, or an emergency, such as a threat to a child’s safety, justifies waiting. When the gag order or emergency ends, Google sends the notice.

That last point explains why many notices arrive late. The data may have been produced long before you heard about it. Other companies, including Apple, Microsoft, Meta, and Amazon, send similar notices under their own policies.

Florida law follows the same pattern. Under section 934.25, Florida Statutes, officers can delay notice to a subscriber for up to 90 days at a time, with 90-day extensions, if notice might lead to flight, destroyed evidence, witness intimidation, danger to someone’s safety, or a seriously jeopardized investigation. A court can also order the provider not to tell anyone for “such period as the court deems appropriate.” The federal version, 18 U.S.C. § 2705, works the same way for federal agencies.

Is a Google Legal Request Email a Scam?

Usually not, but verify it without clicking anything. Real notices come from Google’s own domain and name an agency or court, while fake ones ask for passwords, payment, or a phone call to a number in the email. Sign in to your Google account directly through a browser, not through a link, and do not reply to the message. Then forward the notice to your attorney, who can confirm it with the agency.

What Legal Process Can Police Use to Get Your Google Data?

The type of legal process depends on what the government wants. Under section 934.23, Florida Statutes, a Florida officer can get basic subscriber records with a subpoena: your name, address, session times, length of service, payment method, and assigned IP addresses. Officers who get records this way do not have to notify you at all. Recent stored content, such as emails held 180 days or less, requires a warrant from a judge.

Google’s policy tracks the same tiers for U.S. requests: a subpoena for basic subscriber information and certain IP addresses, a court order for other non-content records in criminal cases, and a search warrant for content. Professor Orin Kerr’s widely cited article, “A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It,” 72 Geo. Wash. L. Rev. 1208 (2004), explains how this tiered system lets the government get more data with less judicial review when it asks for records instead of content.

Courts have pushed the warrant line outward. In United States v. Warshak, 631 F.3d 266 (6th Cir. 2010), a federal fraud case, the Sixth Circuit held that the government “may not compel a commercial ISP to turn over the contents of a subscriber’s emails without first obtaining a warrant based on probable cause.” In Carpenter v. United States, 585 U.S. 296 (2018), the U.S. Supreme Court required a warrant for historical cell site location records. When the State skipped a required warrant, our attorneys file a motion to suppress.

Why Would Police Want Your Google Account?

Police want an account because it holds evidence about someone, and that someone is not always the account owner. Account requests usually fall into a few groups:

• Child exploitation tips. Providers scan uploads and report suspected child sexual abuse material to the National Center for Missing and Exploited Children, which routes the tip to local police.
• Fraud and scams. Account, payment, and login records are central to wire fraud, identity theft, and investment fraud cases.
• Threats, stalking, and harassment. Messages, posts, and IP logs can identify who sent them.
• Drug cases. Messages and location history can show transactions and meetings.
• Someone else’s conduct. A family member on your Wi-Fi, a hacked account, or contact with a suspect can put your account in the file.

Internet crime reports are heavy in Florida. The FBI Internet Crime Complaint Center 2024 report counted 52,191 complaints from Florida in 2024, the 3rd most of any state, with reported losses of $1,071,909,632. Each complaint is a possible subpoena to a tech company.

How Does an Account Request Turn Into an Arrest?

It usually follows a set path: a tip or complaint, a subpoena for subscriber information, a visit to the home, and then a search warrant. A Second District case from nearby Manatee County shows each step. In State v. McNeela, No. 2D2022-1418 (Fla. 2d DCA June 21, 2023), Microsoft reported suspected child pornography uploaded from a Sarasota IP address. A detective subpoenaed the internet provider, which returned the account holder’s name, phone number, and address. Officers went to the house, the man told them he was the computer’s primary user, and he consented to a search. The court reversed an order suppressing the evidence and held that those facts were enough for a search warrant.

The lesson is about the knock on the door. The subpoena gave police a name and address. The conversation and the consent gave them the rest. A lawyer who is already on the case before that visit can tell the agency that you will not be interviewed and will not consent to a search.

What Should You Do After Getting a Google Legal Request Notice?

Take five steps, in this order:

1. Do not contact the agency yourself. Anything you say can be used to build probable cause, and calling to “clear it up” is how many cases are made.
2. Do not delete data or the account. Deleting can be charged as tampering with evidence, and the provider has often preserved a copy already.
3. Do not discuss the notice. Texts, emails, and calls with friends or family are not privileged and can be subpoenaed too.
4. Save the notice and secure your devices. Keep the original email, change passwords on shared devices, and note who else uses your Wi-Fi or accounts.
5. Call a defense attorney. Your lawyer can contact the agency, learn whether you are a target or a witness, and speak for you from that point forward.

How Can a Lawyer Help Before Charges Are Filed?

A lawyer can often learn what the investigation is about and stop it from growing. Our attorneys contact the investigating agency directly and tell it that you are represented, so detectives must go through us and cannot question you on your doorstep. We work to find out which agency served the process, what data it got, whether the case is open or closed, and whether you are a suspect or a witness. Some clients learn they were only a witness, and that answer alone ends weeks of worry.

When the risk is real, we advocate with investigators and the prosecutor before a filing decision is made. Our firm offers this representation before charges are filed for a separate flat fee, and that fee is credited toward the full defense fee if a case is later filed and you keep us on it. If the request involves an online sex offense, our Tampa internet crimes attorney page explains how we defend those cases.

How Soon Should You Act on an Account Notice?

Act right away, within days. Because notice can be delayed for months, the investigation may be far along when the email arrives, and the next step could be a search warrant for your home. In Hillsborough, Pinellas, and Pasco Counties, our attorneys contact the investigating detective as soon as we know the agency, because an early call is the best chance to shape what happens next. Our Hillsborough County criminal defense attorneys handle these calls with HCSO, Tampa PD, and federal agencies.

For more on how digital evidence is gathered and challenged, see our posts on social media evidence in Tampa criminal cases and cell phone location evidence, and our guide to geofence warrants and the Chatrie case.

Frequently Asked Questions

Does a Google legal process notice mean I am being charged with a crime?

No. A notice means an agency obtained or sought your data, not that a charge has been filed, and many people who get one are witnesses or account holders whose network someone else used. The Brancato Law Firm contacts the agency to find out where you stand, as described on our pre-file advocacy page.

Why did I get the notice months after Google gave police my data?

A court or a supervising officer probably delayed the notice, which Florida’s section 934.25 allows for up to 90 days at a time with extensions. Our attorneys at The Brancato Law Firm treat a late notice as a sign the investigation is advanced, because Google sends it only after the delay ends.

Can I ask Google or a court to stop the disclosure?

Sometimes, if the data has not yet been produced, a lawyer can ask the agency to narrow the request or move to quash process that is overbroad or lacks the required approval. The Brancato Law Firm reviews the process itself to see whether it met the requirements of section 934.23.

Should I delete my Google account after getting the notice?

No. Deleting data after you know about an investigation can lead to a separate charge for tampering with evidence, and the provider may have preserved a copy anyway. Our team at The Brancato Law Firm advises clients on what to keep and how to protect their devices without creating new problems.

What if someone else used my account or Wi-Fi?

Tell your lawyer, not the police. Shared devices, hacked accounts, and open networks are real explanations, but they must be supported with evidence such as login records and device data before they are raised. The Brancato Law Firm gathers that proof, and our Tampa internet crime defense attorneys use it when an account is wrongly tied to a client.

Can Google account charges be dropped in Florida if a case is filed?

Yes, a filed case can still be dropped. The State Attorney’s Office can decline to prosecute or later dismiss the case (a nolle prosequi) when the account evidence does not prove who used the account, or when the data was obtained without required legal process. The Brancato Law Firm presses those weaknesses with prosecutors and in a motion to suppress when the facts support it.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Talk to a Tampa Defense Attorney About an Account Notice

Before a detective knocks on your door, put a lawyer between you and the investigation. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency, find out what it has, and speak for you from that point on. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This article is not affiliated with or endorsed by Google, Apple, Microsoft, Meta, or any law enforcement agency.

If you have been falsely accused of a sex crime in Florida, stop talking about the allegation with anyone except a criminal defense attorney. Do not contact the person who made the accusation, directly or through anyone else. Preserve every text, photo, and account exactly as it is. Get a defense attorney involved before you answer a single question from a detective.

Those steps matter because in many Florida sex crime investigations, the accused person’s own words are the evidence the State is missing. Detectives collect those words through interviews pitched as a chance to “clear things up,” through recorded calls placed by the accuser, and through texts, apologies, and conversations with family. The weeks before charges are filed are also when a defense team can do the most.

At The Brancato Law Firm, sex crime cases are a core part of our major crimes practice. Rocky Brancato spent years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where he handled only sex offense and child abuse cases, and later oversaw a staff of over 100 attorneys as the office’s Chief Operations Officer. This guide covers what we tell people in the first hours after an allegation: what to do, what not to say, and what a defense team does while the State is still deciding whether to file charges.

What Counts as Being “Falsely Accused” of a Sex Crime?

People use “falsely accused” to describe three different situations:

• A fabricated allegation. The event described never happened.
• Mistaken identity. Something happened to the accuser, but you were not the person involved.
• A consensual encounter later described as nonconsensual. You and the other person agree something happened, but not on whether it was consensual.

The steps in this guide are the same in all three. You do not need to prove your innocence to anyone right now. Trying to prove it on your own is where a lot of the damage gets done. If you were drinking and are unsure about parts of the night, the same steps apply, and that uncertainty is one more reason to describe the night to no one but your lawyer.

Each situation calls for a different defense once a case is underway. Our guide to sex crime defenses in Florida walks through them, and our article on the consent defense covers disputes over consent specifically.

What to Do If You’re Accused of a Sex Crime in Florida

The urge to explain yourself will be strong, especially if you know you did nothing wrong. Almost every step below comes down to holding off on that explanation until you have a lawyer.

1. Stop discussing the allegation. That includes the accuser, friends, family, coworkers, a new partner, and anyone online. Your conversations with your defense attorney are privileged. Most other conversations are not.
2. Invoke your rights out loud if police contact you. Use the exact words in the next section, then stop talking. Staying quiet without saying the words is not enough.
3. Hire a criminal defense attorney before any interview. Your attorney becomes the detective’s point of contact. If a detective left a card or a voicemail, give it to your lawyer instead of calling back yourself.
4. Do not contact the accuser. Do not apologize, explain, or ask why. Do not send a message through a friend, a relative, or social media. If the accuser contacts you, do not engage, and tell your attorney.
5. Preserve everything. Keep every text, DM, photo, call log, dating app conversation, and account. Do not delete anything, reset your phone, or replace it. Messages that look bad out of context are often the same ones that show the context.
6. Write down what you remember, for your attorney only. Note dates, places, who was present, and anything that shows where you were, such as receipts, rideshare records, or location history. Address the notes to your lawyer and share them with no one else.
7. Leave the witnesses to your defense team. Make a list of people who may know something. Do not interview them yourself or ask anyone to back up your version of events. Your defense team can interview them independently.
8. Follow every release condition exactly. If you were arrested and released, a no-contact order or other condition applies until a judge changes it.
9. Stay off social media about the allegation. No posts, no vague status updates, and no deleted content.

What to Say to a Detective, Word for Word

If a detective calls, knocks on your door, or asks you to come to the station, say this:

“I am going to remain silent. I want a lawyer, and I will not answer any questions without my lawyer present.”

Then stop talking. Do not add an explanation, a denial, or small talk. Take the detective’s contact information and give it to your attorney.

The exact words matter because the law on silence and counsel is narrower than most people assume. In State v. Horwitz, the Florida Supreme Court held that the State cannot use a defendant’s pre-arrest, pre-Miranda silence as substantive evidence of guilt when the defendant does not testify. That protection has limits. Silence can still be used to challenge your credibility if you testify, and under federal law, the Fifth Amendment generally protects silence only when you expressly invoke it.

A vague request for a lawyer can fail too. Under Davis v. United States, a suspect who has already waived Miranda rights must clearly ask for an attorney before police are required to stop. Florida adopted that rule in State v. Owen and applied it to any equivocal assertion of a Miranda right. “Maybe I should talk to a lawyer” is not enough. Say it plainly, and do not keep the conversation going after you say it.

The same script applies to a phone call and to a detective who says you are “not under arrest” and just has “a few questions.”

What Not to Say When You’re Accused of a Sex Crime

Innocent people say things that sound harmless in the moment and read very differently in a police report or on a recorded call. These are some of the most common:

What Not to Say to the Detective

Do not accept the invitation to “come in and clear it up.” An interview is how a detective gathers statements, and any statement you give to explain yourself is one the State can use.

Detectives are also allowed to say things that are not true. In Florida, an officer can tell you that your DNA was found or that a friend already gave a statement when neither is true. In State v. Cayward, a case from the Second District Court of Appeal, which covers Hillsborough, Pinellas, and Pasco Counties, the court upheld the suppression of a confession police obtained after fabricating lab reports in a child sexual assault and homicide investigation. The court drew the line at manufactured documents, though. Verbal deception counts as one factor in whether a confession was voluntary. It does not make a confession inadmissible on its own.

Rocky Brancato is a former police academy instructor who trained officers on criminal procedure and courtroom testimony. We know how officers are taught to question suspects, and we have seen how often innocent people talk themselves into trouble. Research on police-induced confessions points the same way. A 2010 white paper in Law and Human Behavior identified innocence itself as a risk factor, because innocent people tend to waive their rights on the belief that the truth will protect them. A 2025 update from the same researchers documents how rarely Miranda warnings work as a safeguard in practice.

What Not to Say to the Accuser (Including Controlled Calls and Texts)

Assume that any call, text, or message from the accuser after an allegation is being recorded, and that a detective may be in the room. Florida is an all-party consent state for recordings, but § 934.03(2)(c) makes an exception for recordings made by police or by a person acting at their direction. That is how a controlled call works. The accuser places the call, the detective records it, and you do not know.

Controlled calls often open with a line that invites you to acknowledge something. In Carter v. State, a Florida appellate case, the recorded call opened with the complainant saying they could not get over what had happened between them. That call was played for the jury. The defendant’s later denials to police were not, because the court held the rule of completeness did not require it. One apology or vague answer on a call like that can outweigh everything you say afterward.

Defense attorneys can sometimes limit what a jury hears. In Woolman v. State, the Second District reversed convictions in part because most of a recorded controlled call was highly prejudicial and had little relevance to the charges. That challenge comes after the call exists, though. The better outcome is a call that contains nothing useful.

If the accuser calls or texts, do not respond. If you have already picked up, do not discuss the allegation. End the conversation and tell your attorney.

What Not to Say to Friends, Family, and Coworkers

Anyone you talk to about the allegation can be interviewed by a detective and called as a witness. Conversations with parents, friends, coworkers, and new partners generally are not privileged the way your conversations with your lawyer are.

Do not ask anyone to contact the accuser for you, pass along a message, or find out what the accuser is saying. That can violate a no-contact order and can look like an attempt to influence a witness. If people ask, a short answer is enough: “I’ve been told not to discuss it, and my attorney is handling it.”

What Not to Say to Your Employer or Licensing Board

Some licensed professionals have to report, and the rules differ by license.

• Teachers and educators. Rule 6A-10.081 of the Florida Administrative Code, as posted by the Florida Department of Education, requires educators to self-report an arrest for certain offenses within 48 hours.
• Nurses and other health care licensees. Under § 456.072(1)(x), the duty to report is triggered by a conviction, finding of guilt, or no contest plea, not by an arrest. The report is due within 30 days.
• CDL holders and other licensed workers. Reporting duties depend on the license and the employer. Check the requirement with your attorney before saying anything.

In every case, report exactly what the rule requires, in wording your attorney drafts, and nothing more. The report should be a bare notice. It is not the place to explain what happened, and neither is a conversation with HR.

What Not to Say on Social Media

Posts, stories, comments, and DMs are all statements, and screenshots outlast the accounts they came from. Do not post about the allegation, the accuser, or your side of the story, even in vague terms. Do not delete old content either, for the reasons covered in the next section.

What Not to Say at an Injunction Hearing or in Family Court

An accuser can petition for a sexual violence injunction under § 784.046 whether or not criminal charges were filed, reduced, or dismissed. The injunction case is civil, and a civil injunction by itself does not mean you will be charged. Many of these petitions grow out of the same incident as a criminal investigation, though, and anything you say at the hearing is sworn and recorded. That testimony can surface in the criminal case.

The same is true of testimony in a divorce, a custody case, or a dependency case. Do not walk into any of these hearings without your defense attorney helping decide whether and how you testify.

What Not to Do: Actions That Can Create New Charges

Some of the most natural reactions to a false accusation are separate crimes in Florida. Each one gives the State a new case, often an easier one to prove than the original allegation.

People often assume they can record a call because it is legal in other states. Florida requires the consent of every party. A secret recording can lead to a felony charge against you while producing evidence a court will not hear.

A no-contact order has one exception that matters here. The statute allows the defendant’s attorney to communicate with the protected person for lawful purposes. Every other channel, including a mutual friend, is off limits.

Should You Take a Polygraph or Go In to “Give Your Side”?

In Florida, polygraph results are inadmissible unless both sides sign a written stipulation, under Davis v. State (Fla. 1988) and related cases. The real risk in a police polygraph offer is the questioning that comes with it. The exam includes interviews before and after the test, and those conversations are where people explain, elaborate, and say things a detective can use.

The invitation to “come in and give your side” works the same way. The detective sets the time, the room, and the questions. If presenting your side ever makes strategic sense, your attorney can do it through a controlled submission to the prosecutor, which is covered below.

A request for a voluntary DNA swab deserves the same caution. Under § 943.325, anyone arrested for a felony in Florida gives a DNA sample at booking. Whether to provide one voluntarily before that point is a decision to make with your lawyer.

What If You Already Talked to the Police?

It is never too late to stop. You can invoke your rights at any point, including in the middle of an interview or after one is over. Do not call the detective back to correct or add to what you said.

An attorney can review what you already said and how the interview was conducted. That review looks at whether Miranda warnings were given and honored, whether a clear request for a lawyer was ignored, and whether the tactics used crossed a legal line. Our article on false confessions in sex crime cases explains how those statements are challenged.

What a Defense Attorney Does Before Charges Are Filed

The period between an allegation and the State Attorney’s filing decision is often the most important stage of a sex crime case. We call the work done in this window pre-file advocacy. In a sex crime investigation, it typically includes:

• Acting as the point of contact with the detective, so you are never alone in an interview room
• Interviewing witnesses independently, before memories fade or stories shift
• Preserving favorable evidence, such as location data, messages, receipts, and video that may be overwritten
• Retaining forensic experts early when the evidence calls for it, including DNA analysts, forensic pathologists, digital forensic examiners, and psychologists
• Presenting evidence, witness statements, and context to the detective and the prosecutor before a charging decision is made

Rocky Brancato described this work in his book, How to Choose a Major Crimes Attorney:

“And often, the best outcomes happen quietly. In many cases, experienced attorneys can meet with prosecutors early and present the flaws in the case before charges are even filed. That kind of outcome never makes the news, but it changes lives.”

Early forensic scrutiny can also change a case that looks settled. In a cold-hit DNA case, the State presented a CODIS match in a sexual battery case from eight years earlier. Our defense team subpoenaed the lab’s bench notes, obtained the raw electronic data, and retained an independent geneticist, who found that the State’s analyst had misread an allele at a critical location. The DNA did not match at the required threshold, and the prosecutor dismissed the case. Each case is unique. Past results do not guarantee future outcomes.

Why a Detective May Call Years Later

Many sex crime allegations have no filing deadline in Florida, so there is often nothing pushing the State to decide quickly. The time limits under § 775.15 include:

A call from a detective about an event from years ago deserves the same response as one about last weekend.

When the Allegation Involves DCF, a School, or a Licensing Board

Sex crime allegations often come with a second proceeding that runs alongside the criminal investigation. That can be a DCF investigation, a school disciplinary or Title IX process, a licensing board inquiry, or the injunction and family court hearings covered above. Sworn or recorded statements in any of them can reach the criminal case. One defense attorney should coordinate all of them, so nothing you say in one setting undercuts your defense in another.

Allegations Involving a Child: DCF and Child Protection Teams

When an allegation involves a child, a DCF investigation is effectively a law enforcement investigation. Under § 39.301, DCF must forward allegations of criminal conduct, including suspected sexual abuse, to local law enforcement, with narrow exceptions, and the two agencies can respond jointly. DCF investigators must tell you that you have the right to your own attorney and how the information you give may be used. Take that warning at face value.

Every report alleging sexual abuse goes to a Child Protection Team, which may conduct a forensic interview of the child. Those teams can include law enforcement representatives, and their records can be shared with the State Attorney. A child’s recorded interview may be played at trial under the child hearsay exception, but only after a reliability hearing and specific findings by the judge. Our guide to child hearsay explains how that hearing works.

How a child is questioned shapes what the child says. Rocky Brancato has presented to Hillsborough County Public Schools on police interrogation of children, and our defense team examines how each forensic interview was conducted, starting with the first question.

Allegations involving a child sometimes arise in the middle of a divorce or custody dispute. If you are a parent in that situation, do not question your child about the allegation or discuss it with them. Do not respond to the other parent about it except through counsel.

College Students Facing a School Process

A student accused of sexual misconduct may face a school investigation and a criminal investigation at the same time. Written statements and hearing testimony in the school process can be obtained by prosecutors. Have a criminal defense attorney review anything before you submit it or testify.

Can You Sue the Accuser or Press Charges for a False Report?

That question comes later, if at all. While the criminal investigation is open, any step against the accuser can look like retaliation, and contact aimed at discouraging cooperation can itself be charged under Florida’s witness harassment law.

Florida does criminalize false reports. Under § 837.05, knowingly giving police false information about a crime is a first-degree misdemeanor, and a false report of a capital felony is a third-degree felony. The State decides whether to bring that charge, not the person who was accused. Florida’s sexual battery statute also has a narrow false-report provision, but it covers only accusations against certain authority figures, such as law enforcement and correctional officers. It is not a general false-report crime.

Our firm handles criminal defense only. Civil claims such as defamation belong with a civil attorney, and that conversation makes the most sense after the criminal case is resolved.

What’s at Stake in a Florida Sex Crime Case

The penalties are serious enough that your first decisions carry real weight:

• Sexual battery on an adult without consent, without force likely to cause serious injury, is a second-degree felony under § 794.011(5)(b). Aggravating circumstances or a younger complainant raise the charge to a first-degree, life, or capital felony.
• Lewd or lascivious molestation by an adult of a child under 12 is a life felony under § 800.04(5)(b). The child’s consent is not a defense to any offense in that statute.
• Registration. Every sexual battery offense in § 794.011 carries sex offender registration, and for an adult conviction that registration is for life. Florida’s 25-year removal petition under § 943.0435(11) is not available to a person convicted as an adult under § 794.011. A no contest plea counts as a conviction for registration purposes even when adjudication is withheld.

Registration cannot be undone after the fact, which is why the time to act is while the case is still open. For more detail, see our articles on sexual battery in Florida and sex offender registration.

Frequently Asked Questions

Will I be arrested if someone accuses me of a sex crime?

Not always, and not always right away. Many investigations begin with a phone call, a business card at your door, or a request to come in, and the arrest decision comes later. Some allegations lead to an arrest quickly. Either way, the steps in this guide are the same.

What if the detective only wants to talk on the phone?

A phone call with a detective is an interview, and you should assume it is recorded. Use the same words you would use in person, then give the detective your attorney’s contact information.

Can I talk to my accuser to clear things up?

No. Any contact can be recorded as a controlled call, can violate a no-contact order, and can be charged as witness tampering if it looks like an attempt to change the accuser’s account. Your attorney is the only person who should communicate with the accuser’s side.

Can I record my accuser to prove they’re lying?

No. Florida requires the consent of everyone on the call, and secretly recording a conversation is a third-degree felony. The recording is also generally inadmissible, so it cannot help your case.

Should I take a polygraph if police offer one?

Not without your attorney’s advice. Polygraph results are inadmissible in Florida without a written stipulation from both sides, and the questioning before and after the test is where the real risk lies.

How long can police wait before charging me?

For many sex offenses, there is no deadline. Sexual battery involving a victim 16 or older that was not reported within 72 hours generally must be prosecuted within 8 years, while allegations involving minors often have no limit.

Do I need a lawyer if I haven’t been charged yet?

Yes. The period before charges are filed is when a defense team can interview witnesses, preserve evidence, and present information to the prosecutor before a decision is made. Waiting until after an arrest gives up that window.

Talk to a Tampa Sex Crimes Defense Team

If a detective has contacted you, left a card, or asked you to come in, or you have learned that an allegation has been made, call us before you respond. We offer free, confidential consultations and are available 24/7 for arrest emergencies. Our Tampa sex crimes defense team defends clients across Hillsborough, Pinellas, and Pasco Counties, and every defense is built to the standards Rocky Brancato developed over more than 150 jury trials to verdict. Rocky holds an AV Preeminent rating and meets the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital (death penalty) cases, the most serious criminal cases there are.

Call (813) 727-7159 or contact us online for a confidential consultation.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I spent years as a police academy instructor teaching officers how to apply Florida statutes in the field, and I later served as COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100. Today our attorneys defend people charged with crimes in Hillsborough, Pinellas, and Pasco Counties, including business owners who find themselves in a criminal investigation over what is really a payment dispute.

What does Florida’s mover statute, section 507.11, make a crime?

Section 507.11(1), Florida Statutes, makes it a third-degree felony for a mover, or a mover’s employee, agent, or contractor, to refuse a law enforcement officer’s order to release a customer’s household goods. The order only triggers the felony if the officer first makes one of two specific determinations. A third-degree felony in Florida carries up to five years in prison and a $5,000 fine under section 775.082 and section 775.083.

The statute calls the customer the “shipper.” Here is what the State would have to establish:

Every other violation of Chapter 507 is a first-degree misdemeanor under section 507.11(2), punishable by up to one year in jail and a $1,000 fine. That catch-all covers registration, estimate, and disclosure failures.

When can a Florida mover legally hold a customer’s belongings?

A Florida mover can hold household goods when the customer has not paid the amount specified in a written contract or estimate that the customer signed and dated. Section 507.06(1) requires a mover to deliver and place goods inside the customer’s home “unless the shipper has not tendered payment in the amount specified in a written contract or estimate signed and dated by the shipper.”

Three limits apply even when the mover is owed money:

• Medicine and children’s items. A mover “may not refuse to relinquish prescription medicines and goods for use by children, including children’s furniture, clothing, or toys, under any circumstances.”
• Payment refusal. Under section 507.06(2), a mover cannot withhold goods because it refused a form of payment it was required to accept. Section 507.05 requires every mover to accept at least two of three payment types (cash-type payment, personal check, or credit card) and to disclose which ones on the estimate and contract.
• Storage disclosure. A mover that lawfully withholds goods may store them until payment is tendered. Under section 507.06(3), the mover must disclose the storage location and the amount due within five days of a written request.

An officer arriving at the scene sees a customer standing next to a truck full of their own furniture. The statute requires the officer to look past that picture and read the paperwork.

Does a signed revised estimate change what the customer owes?

Yes. Since July 1, 2024, section 507.11(1) expressly counts “amendments to the contract for services reflecting the price adjustment signed by the shipper” when deciding whether the customer has paid. The Legislature added that language, along with electronic acknowledgment, in Senate Bill 304 (2024), which became Chapter 2024-47, Laws of Florida.

The practical effect is clear. A customer who agrees in writing to a higher price, before the work is done, owes the higher price. Paying only the original phone quote does not satisfy section 507.11(1), and an officer who treats the original quote as the controlling number is ignoring the amendment language the Legislature added in 2024.

When does holding goods cross the line into a crime or a lawsuit?

Holding goods becomes unlawful when the mover inflates the price without a valid signed agreement, or keeps goods after the customer has paid what the signed documents require. Section 507.07 lists the violations. These include misrepresenting the price of moving services, failing to honor the contract for services, and withholding goods “if payment has been made as delineated in the estimate or contract for services.” Under section 507.08, any violation of Chapter 507 is also a deceptive and unfair trade practice under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).

The classic bait-and-switch shows the difference. In Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025), a student hired movers to take her belongings from Miami to Gainesville on a $1,146 binding estimate that promised no additional charges unless specified or requested. At the destination, the movers presented a $4,389.25 invoice, refused to unload when she offered the estimate amount, and left with her belongings while she went inside to call police. The bill of lading she signed that morning had blank rate lines that were filled in by hand later. The Third District affirmed summary judgment for the customer, including the trial court’s findings of FDUTPA violations, fraud, and breach of contract. The lesson for movers is simple: a price increase the customer never signed is worth nothing, and a document filled in after the fact can make things worse.

I have been on the customer’s side of this myself. A mover once quoted me a price, never prepared a change order, raised the price when the crew arrived, and held my belongings until I paid. The next day I called the company, demanded a refund of the difference, and told them I would sue. They refunded it. I am a lawyer, and I suspect that is the main reason it worked. Shady movers rely on intimidation and on customers not knowing the law. Chapter 507 exists for that situation. A mover who discloses a higher price up front and gets the customer’s signature before lifting a box stands in a very different position.

Federal investigators have tracked the same problem for years. A 2009 Government Accountability Office report on the household goods moving industry, GAO-10-38, noted that some consumer complaints to federal regulators “involve egregious offenses, such as holding goods hostage.” In 2024, Florida’s Senate staff counted 1,348 movers and 39 moving brokers with active Florida registrations as of December 4, 2023, according to the Senate Fiscal Policy Committee’s bill analysis of SB 304.

Can a mover be charged with resisting an officer instead?

An officer could try. Resisting an officer without violence under section 843.02 is a first-degree misdemeanor. In C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009), the Florida Supreme Court reviewed a juvenile’s conviction for running from police and held that the State must prove two things: the officer was engaged in the lawful execution of a legal duty, and the accused’s words or conduct obstructed or resisted that duty.

That first element matters for movers. An order to release goods that section 507.11 does not authorize is hard to describe as the lawful execution of a legal duty. Our attorneys would raise that argument on a resisting charge. A mover who physically interferes with an officer, however, risks charges that are much harder to defend, so save every argument about the order for court.

How often are movers actually prosecuted under section 507.11?

Felony prosecutions under section 507.11 appear to be rare. When the Legislature’s Criminal Justice Impact Conference reviewed a 2015 bill to expand the statute, the Department of Corrections reported that zero offenders were sentenced under section 507.11(1) in fiscal year 2013-14, according to the Office of Economic and Demographic Research’s impact estimate for HB 765. That figure is more than a decade old, and the 2024 amendments may change enforcement patterns. As of October 2026, our research found no published Florida appellate decision interpreting section 507.11’s officer-determination language, which helps explain why officers in the field read it inconsistently.

Arrests can still happen. An arrest happens on the officer’s judgment at the scene. Whether formal charges follow is a separate decision made later by the State Attorney’s Office.

What should a mover do when police demand the goods be released?

A mover facing an officer’s release order should stay calm, show the signed documents, and decide deliberately whether to comply under protest or hold the goods. Here is the approach our firm recommends:

1. Produce the paperwork immediately. Show the original estimate, the signed revised estimate, the contract for services, and the electronic signature record with its time stamp, email address, and IP address.
2. Point the officer to the two triggers. Explain that the customer has not paid the signed amended amount and that a signed binding estimate is in hand, so neither condition in section 507.11(1) is met.
3. Release medicine and children’s items right away. Section 507.06(1) allows no exception for these.
4. Offer to accept payment. Confirm the payment forms disclosed on the estimate and that you will take them.
5. Do not physically resist. Never block, push, or pull away from an officer.
6. Call a criminal defense attorney. A Hillsborough County criminal defense attorney can speak to the officer or a supervisor while the facts are fresh.

The decision to comply or hold is a business judgment with real tradeoffs:

An arrest made without probable cause can support a federal civil rights claim. Officers, however, can raise qualified immunity, which in the Eleventh Circuit protects an officer who had “arguable” probable cause. A civil case after an arrest is slow and uncertain.

What does a revised estimate need to hold up?

A revised estimate holds up best when it meets every requirement in section 507.05 and is signed before any work begins. Use this checklist:

• Prepared by a mover registered with the Florida Department of Agriculture and Consumer Services
• Signed or electronically acknowledged, and dated, by the customer and the mover (and any broker)
• Shows the original amount, the revised total, and the reason for the change, such as the actual item count or volume
• Includes an itemized breakdown of loading, transportation, unloading, and accessorial charges
• Discloses accepted payment forms and the storage location in case of a fee dispute
• Signed before loading, with the time stamp preserved

Chapter 507 applies only to moves that begin and end in Florida, under section 507.02. Interstate moves are governed by federal rules. Under 49 C.F.R. section 375.403, an interstate mover that finds additional goods must, before loading, reaffirm its binding estimate, prepare a new binding estimate signed by the customer that lists the added goods in detail, or agree in writing to treat the original estimate as non-binding. Florida law has no identical rule, but following the federal model gives an intrastate mover strong evidence that the revision was fair and agreed.

What happens if a mover is arrested in Tampa Bay?

A mover arrested in Hillsborough, Pinellas, or Pasco County who is not released on a bond schedule will see a judge at first appearance within 24 hours, where bond and release conditions are set. The State Attorney’s Office then decides whether to file formal charges, and the customer does not control that decision. Our related post on whether a victim can drop charges in Florida explains how that filing decision works.

The weeks between arrest and the filing decision are the best time to act. Our attorneys use that window for pre-file advocacy: sending prosecutors the signed revised estimate, the electronic signature audit trail, photos or video of the load, and a written analysis of sections 507.06 and 507.11. A prosecutor who sees a signed, time-stamped price amendment has good reason to decline the case. Save every document, text, and photo from the job, and avoid giving a statement to police without counsel. Our post on the Florida accident report privilege explains how statements to police can be used later, and our guide to what a criminal defense attorney costs in Tampa covers fees.

For more about our defense strategies, visit our Hillsborough County criminal defense attorney page.

Frequently asked questions

Can a Florida mover keep my furniture if I only paid the phone estimate?

Yes, if you later signed and dated a revised estimate with a higher price and have not paid it. Section 507.06(1) lets a mover withhold goods until the customer tenders the amount in a signed written estimate or contract. Prescription medicines and children’s items must still be released.

Is it legal for a mover to raise the price on moving day in Florida?

A price increase is enforceable when it is put in writing and signed or electronically acknowledged by the customer before the work is done. An increase the customer never agreed to can violate section 507.07 and FDUTPA, as the movers in Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025) learned. Our firm tells movers to get the signature before loading.

Does a mover’s electronic signature record count as proof in Florida?

Yes. Since July 1, 2024, section 507.11(1) refers to a “signed or electronically acknowledged” binding estimate, and section 507.05 allows the shipper and mover to electronically acknowledge the estimate and contract. A record showing the time stamp, email address, and IP address is strong evidence the customer agreed.

If a mover releases goods to police, does it lose the right to collect?

No. Section 507.11(1) states that complying with an officer’s order “is not a waiver or finding of fact regarding any right to seek further payment from the shipper.” The mover can still pursue the balance in civil court. The Brancato Law Firm’s practice is criminal defense, so we focus on the arrest risk side of that choice.

Can a moving crew member be arrested, or only the company owner?

Both. Section 507.11(1) applies to “a mover or a mover’s employee, agent, or contractor,” so a driver who refuses an officer’s order can face the same charge as the owner. Crew members should call the owner and a lawyer before deciding how to respond.

What should I do if police threaten to arrest me over a moving payment dispute in Tampa?

Show the signed documents, release medicine and children’s items, do not physically resist, and call a criminal defense attorney. The Brancato Law Firm, P.A. can review your estimate and contract, talk to the officer, and defend you if an arrest happens. Call (813) 727-7159.

Talk to a Tampa criminal defense attorney today

If an officer has threatened to arrest you over a moving job, or you have already been arrested, the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can help. Call (813) 727-7159 now, before the State Attorney’s Office makes its filing decision.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Officers who misuse a license plate reader leave a record of every search, and that audit trail decides these cases on both sides. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. I also taught at the police academy and am on call for the Tampa PBA and Suncoast PBA. Today our attorneys handle license plate reader cases from both sides of the badge: people whose movements were tracked, and officers accused of tracking them.

Our earlier guide, What Are Flock Cameras and ALPRs in Tampa?, explains how the cameras work. This article covers what happens when the people with access abuse it.

What Happened in the Pinellas County Deputy Arrests?

Three former Pinellas County deputies have been arrested in about five weeks in separate cases involving personal use of law enforcement databases, Sheriff Bob Gualtieri announced. Travis Stanton and Karl Gwynne were arrested on September 30, 2026, and Ronald Scott on November 5, 2026. All three resigned before their arrests, and each is presumed innocent. The facts of the first two arrests come from the sheriff’s public account, as reported by IONTB.

The 17-year-old and the “ALPR hit” that never happened

Former Deputy Travis Stanton, 33, was a community deputy in Seminole. According to the sheriff, a 17-year-old restaurant worker told him her age and her car on July 28, 2026. Minutes later, Stanton allegedly ran her plate through the Florida Crime Information Center (FCIC) and then used other databases to identify her mother’s household and pull driver’s license photos of the girl and her twin sister. On August 19, he allegedly ran more searches from the Seminole High School parking lot, entering the reason code “verifying an identity.”

Stanton later told the girl he had received an ALPR alert showing her license was suspended for truancy. Gualtieri said no such alert existed, and that Stanton’s case did not involve misuse of the ALPR database itself. He was arrested on charges of unlawful access to a computer network under section 815.06 and official misconduct under section 838.022. Prosecutors later chose different charges. Court records show Stanton is now charged with harassment by use of personal identification information under section 817.568, charged as a third-degree felony, and stalking under section 784.048, a first-degree misdemeanor, the Tampa Bay Times reported. His arraignment is set for November 16, 2026.

381 searches of one woman across five databases

Former Deputy Karl Gwynne, 57, joined the agency in 2005. According to the sheriff, he ran 381 searches on a 35-year-old woman across five databases between January 2025 and July 2026, including 300 ALPR searches. He made 207 of them off duty. Gwynne had arrested the woman in 2010, and she had rejected his advances. He was arrested on four counts of unlawfully accessing a computer system and one count of official misconduct. On October 29, 2026, Pinellas-Pasco State Attorney Bruce Bartlett filed a no information, dropping all five charges. Bartlett wrote that current Florida statutes “do not address the wrongful conduct reported” and said his office would ask the Legislature to correct the problem next session, the Tampa Bay Times reported. Gualtieri attributed the decision to disagreements over the elements of the statute and noted that a no information does not stop prosecutors from refiling. A no information is not an acquittal, so the audit trail still matters if the state brings the case back.

Third arrest: tracking an estranged wife through Flock

Former Deputy Ronald Scott, 35, joined the agency in 2016. According to the sheriff, from February 14, 2026, until his divorce became final in June, Scott ran more than 100 unauthorized queries through the Flock license plate reader system and driver’s license records, often off duty. He searched his estranged wife, her boyfriend, the boyfriend’s wife, and his wife’s father, and entered false reasons for the searches, including claims of ongoing investigations. An agency audit uncovered them. Scott resigned on November 4, 2026, and was arrested the next morning on three counts of unlawfully accessing a computer and one count of official misconduct, the same charges prosecutors dropped against Gwynne. Bond was set at $20,000, FOX 13 and the Tampa Bay Times reported.

Gualtieri said he believes the elements are in place to justify the charges, and that historical audits of the agency’s systems, which go back to 2022, are now complete. Whether the State Attorney agrees is the open question after the Gwynne dismissal. The Scott case also shows why our attorneys request the audit log and the reason entered for each query in any case that starts with a Flock “hit.” The log shows who searched, when, and why they said they did, and the Pinellas cases show that the stated reason can be false.

What Florida Crimes Apply When an Officer Misuses a License Plate Reader?

Two felony statutes carry most Florida prosecutions, and a third law decides the officer’s pension. Our attorneys analyze all three at the outset of any officer database case.

Why “exceeds authorization” is the heart of the case

Florida courts have debated this question for 30 years. In Gallagher v. State, 618 So. 2d 757 (Fla. 4th DCA 1993), a Sunrise Police Department aide ran her boyfriend through NCIC and FCIC out of curiosity. The Fourth District affirmed her conviction without an opinion, while Chief Judge Glickstein dissented, arguing that the statute punished unauthorized access, not improper use. The current statute was written to close that gap, although the Gwynne dismissal shows that prosecutors do not all read it that way. The 2018 version reached only access “without authorization,” and the version in force after the 2019 amendment also reaches access where “the manner of use exceeds authorization.”

Even so, section 815.06(7)(b) exempts a person acting “within the scope of his or her lawful employment.” Purpose is therefore the battleground. Prosecutors prove it with case numbers, reason codes, and timing, such as Gwynne’s 207 off-duty searches. Our Tampa internet crimes attorney page explains how we defend computer crimes charges.

Why official misconduct is harder to prove

Official misconduct requires two things beyond a bad search. The state must prove the officer falsified, concealed, or altered an official record, and the statute limits “official record” to public records. The state must also prove the officer acted to obtain a “benefit,” which section 838.014 defines as any gain or advantage, including anything the person regards as one.

The benefit element is where these cases are won and lost. In Jones v. State, No. 6D2023-0311 (Fla. 6th DCA June 23, 2023), a Polk County detective falsified investigative reports for two years. The Sixth District ordered acquittal on all 18 official misconduct counts because the state never proved he falsified the reports to obtain a benefit. Trial courts in Pinellas and Hillsborough follow Jones unless the Second District rules otherwise.

The pension consequence few people discuss

A conviction for a chapter 838 felony forfeits a public employee’s retirement benefits under section 112.3173, and a no contest plea counts as a conviction. The exact count matters. In Houston v. City of Tampa Firefighters & Police Officers’ Pension Fund Board of Trustees, 303 So. 3d 233 (Fla. 2d DCA 2020), a Tampa police sergeant accused of using the DAVID driver’s license database in a tax refund scheme pleaded guilty only to receiving stolen federal property. The Second District reversed the forfeiture of her pension and ordered it restored with interest, because her plea did not establish a specified offense. For an officer, what the plea says matters as much as whether there is one.

How Common Is Flock and ALPR Misuse by Police?

Documented cases now number in the dozens. In August 2026, The Washington Post reported that at least 46 officers nationwide had been accused of using license plate cameras for unauthorized tracking, according to Al Jazeera. Our firm tracks these prosecutions because the sentences are rising.

In 2023, the Kansas lieutenant received probation. By September 30, 2026, the Texas officer was headed to prison for five years.

Who Catches Officers Who Misuse License Plate Readers?

Outsiders catch most of them. Where the public record shows how a case began, the first alarm usually came from a victim, a victim’s friend, or a reporter reading public search logs. Agencies then acted quickly. Our attorneys look first at how a case surfaced, because it shapes both the proof and the defense.

Sources: Creative Loafing Tampa, Dexerto, The Washington Post, CNN, and Tech Times.

The Washington Post put it bluntly in an August 2026 headline: “Police departments weren’t looking for officers abusing Flock. We did it for them.” Its review of search logs led to discipline in two departments.

Where the thin blue line holds, and where it breaks

Detection is the weak point. Once misuse is exposed, agencies have acted fast. Pinellas arrested its own deputies, Lufkin called in the Texas Rangers, and Haines City arrested its officer within a day of learning of the searches. In the cases reviewed here, no agency shielded an officer once the facts were public. Four gaps explain why detection lags:

1. No audit requirement. Florida’s ALPR statutes, section 316.0777 and section 316.0778, govern placement, retention, and public records. Neither requires an agency to review who searched what.
2. Empty reason codes. “Investigation” was the most common reason Wisconsin agencies entered for Flock searches in early 2025, the Wisconsin Examiner found.
3. Shared logins. Pinellas runs searches through a shared “service account” across three vendors, so its public log cannot show which deputy searched, TCPalm reported.
4. Shrinking outside visibility. Flock now redacts officer names and plates from public audit logs, which narrows the channel that has caught the most officers.

Who decides the charges

The arresting agency does not make the final charging decision in Florida. The State Attorney for the Sixth Judicial Circuit, which covers Pinellas and Pasco, decides whether and how to charge each deputy, and its first two decisions show the gap between an arrest and a prosecution: Stanton’s charges were changed, and Gwynne’s were dropped. In Hillsborough, that decision belongs to the Thirteenth Circuit State Attorney. For an accused officer, the investigation’s path shapes the defense. A shared service account forces the state to prove who ran each search, while an officer’s own admission to a supervisor, as in the Gwynne and Haines City cases, leaves far less room.

What Did Governor DeSantis Order on License Plate Readers?

Governor Ron DeSantis directed the Florida Department of Transportation to revoke permits for ALPRs on state highway rights-of-way, effective September 30, 2026. The FDOT memorandum cited reports of misuse and data privacy concerns. DeSantis said, “I don’t want to have this become a surveillance state,” Axios reported.

Section 316.0777 supplies the authority: ALPRs sit on state highway rights-of-way only at FDOT’s discretion, and must come down within 30 days of notice. The order does not reach city streets, county roads, or private property. Our attorneys tell Tampa Bay drivers the same thing: the cameras moved off state roads, and local networks remain.

Sources: Axios Tampa Bay and ABC Action News.

Where Do Florida Candidates Stand on Flock Cameras?

Neither major-party nominee for governor has promised a full ban, but both support the DeSantis order. Democrat David Jolly wants a judicial warrant before police use the data, and Republican Byron Donalds wants harsher penalties for officers who abuse it, the Tampa Bay Times reported. Donalds called for a pause on Flock contracts in July. Jolly also wants a special legislative session and a ban on use for immigration enforcement.

Locally, former Governor Charlie Crist proposes a moratorium on expanding St. Petersburg’s Flock system, while Mayor Ken Welch defends it, ahead of their November 3 runoff, per Bay News 9. Nationally, more than 150 local governments have deactivated or canceled ALPR contracts, according to the advocacy group DeFlock, and Texas Governor Greg Abbott blocked state agencies from spending on Flock’s networks, Claims Journal reported. Any rewrite the Legislature passes next session will change what ALPR evidence looks like in Tampa Bay courtrooms, and our firm will update this guide when it does.

What Is Law Enforcement’s Case for Keeping License Plate Readers?

Sheriffs and chiefs argue the cameras solve violent crimes and find missing people, and that the answer to misuse is punishment. “Don’t throw the baby out with the bathwater,” Gualtieri said on September 30, crediting the cameras with solving homicides and rapes. According to the Tampa Police Department, its ALPR system has assisted in 622 arrests, 485 vehicle recoveries, 68 firearm recoveries, and 14 missing-person cases since 2021, per Florida Politics.

The strongest evidence involves abducted children. In 2024, the National Center for Missing & Exploited Children partnered with Flock to push AMBER Alert vehicles into the camera network. In August 2026, Lake City police used Flock to find a woman’s SUV that her boyfriend allegedly drove off with while her two children were inside, WFLA reported.

Controlled research is more modest on deterrence. In a randomized experiment across 30 crime hot spots in Northern Virginia, George Mason University researchers found no statistically significant drop in crime from license plate reader patrols during a 30-day follow-up (Lum et al., Journal of Experimental Criminology, 2011), as summarized by the Justice Department’s CrimeSolutions program. That study tested patrols, not investigations. Both claims can hold: the cameras may prevent little crime, yet still find a specific car carrying a specific child. Our attorneys see the same tension in court, where an ALPR hit can be strong evidence of location and weak evidence of anything else.

Does the Fourth Amendment Limit Police Searches of Flock Data?

The law is unsettled, and 2026 moved it toward privacy. In Carpenter v. United States, 585 U.S. 296 (2018), the FBI obtained months of a robbery suspect’s cell-site location records without a warrant, and the Supreme Court held that acquiring them was a search. In Chatrie v. United States, 146 S. Ct. 2193 (2026), police used a geofence warrant to obtain Google location data near a Virginia bank robbery. By a 6-3 vote, the Court held that obtaining location history this way is a search, even for a short period. Justice Kagan wrote for five justices, and Justice Gorsuch concurred in the judgment, as the Congressional Research Service explains. Chatrie never mentions license plate readers, but it repeats Carpenter’s point that society has not expected police to “secretly monitor and catalogue every single movement of an individual’s car.”

The Tampa license plate reader ruling

In United States v. Floyd, No. 8:23-cr-00305 (M.D. Fla. Nov. 21, 2025), detectives tied a robbery suspect’s Mazda to a string of Tampa Bay store robberies through Vigilant hits and the Hillsborough County Sheriff’s Office “Eye on Crime” ALPR system. U.S. District Judge Tom Barber denied suppression, holding that the readers captured discrete snapshots on public roads and that querying the databases was not a search. Floyd predates Chatrie, so our attorneys treat the question as open again for any client whose case rests on a long trail of ALPR hits.

Elsewhere, Schmidt v. City of Norfolk, No. 2:24-cv-621 (E.D. Va. Jan. 27, 2026), upheld Norfolk, Virginia’s network of about 176 Flock cameras. The appeal, No. 26-1227, is tentatively set for Fourth Circuit argument in December 2026. Losing a motion to suppress does not end the issue. At trial, the defense can still challenge whether the camera read the plate correctly and whether the alert was current.

What Should You Do If You Think an Officer Tracked You?

Act within days, write everything down, and demand that the agency preserve its audit logs. Our attorneys take these steps for clients who believe they were tracked:

1. Document the red flags. Write down dates, places, and anything an officer knew about you without a reason to know it. In the Stanton case, the claimed “ALPR hit” was the tell.
2. Request your own ALPR data. Section 316.0777(4)(b) allows an agency to release plate data to the person the plate is registered to, unless it is active criminal intelligence or investigative information.
3. File an internal affairs complaint in writing. Ask the agency to preserve the audit log for your plate, name, and driver’s license number.
4. Ask about protective options. A stalking injunction or a referral to an outside agency, such as FDLE, may fit when the officer’s own department is slow to act.

If you are an officer under investigation

Say nothing about your searches until you have counsel. Under Fla. Stat. 112.532(1)(i), an officer has the right to counsel during an interrogation about fitness for duty. In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court held that statements compelled under threat of job loss cannot be used in a criminal prosecution. Voluntary statements, texts, and audit logs remain fair game. See our law enforcement officer representation articles.

Why Does Timing Matter in a License Plate Reader Case?

Images disappear fast. In August 2026, Flock cut its recommended default retention from 30 days to 7, and Florida caps retention under the schedule set by section 316.0778. A preservation letter sent in the first week can decide a case, whether our firm represents the person tracked or the officer accused. The same is true of messages and phone records, as we explain in our guide to social media evidence in Tampa criminal cases.

Frequently Asked Questions About Flock Camera Misuse

Is it a crime for a Florida officer to look up someone’s license plate for personal reasons?

Yes. Using a police database for a reason outside the job can violate section 815.06, which punishes access that exceeds authorization as a third-degree felony. A false reason code can add official misconduct under section 838.022. In our experience, the audit log is the most important evidence on either side.

Did the Pinellas deputy use Flock cameras to track the 17-year-old girl?

No, according to Sheriff Gualtieri. Stanton allegedly used FCIC, driver’s license, and agency records systems, then falsely told the girl he had received a license plate reader alert. The other deputy, Karl Gwynne, is accused of about 300 ALPR searches on a different woman.

Why were charges dropped against the Pinellas deputy who ran 381 license plate searches?

Pinellas-Pasco State Attorney Bruce Bartlett filed a no information on October 29, 2026, writing that current Florida statutes do not address the conduct reported against former deputy Karl Gwynne. Sheriff Gualtieri described it as a disagreement over the statute’s elements, and a no information does not prevent refiling. Our attorneys at The Brancato Law Firm follow these charging decisions closely, and an officer under investigation should consider representation before charges are filed.

Do police departments audit officers’ Flock searches?

Rarely on a routine basis, based on the public record. Florida law does not require ALPR audits, and in many documented cases a victim or reporter first exposed the misuse. Our attorneys request the full audit log in every case where license plate reader searches are at issue.

Can I find out whether police searched my license plate?

Possibly. Section 316.0777 permits an agency to disclose ALPR data about a plate registered to you, unless it is part of an active criminal investigation. Because retention is short, The Brancato Law Firm recommends a written request and a preservation demand as soon as you suspect misuse.

Are Flock cameras still operating in Tampa and Hillsborough County?

Yes. The Tampa Police Department and the Hillsborough County Sheriff’s Office removed cameras from state rights-of-way by September 30, 2026, but both still operate license plate readers on city and county roads. Pasco County is the local exception, having ended its Flock contract.

Can an officer lose a pension over a Flock misuse conviction?

Yes, if the conviction is for a “specified offense” such as official misconduct. Under section 112.3173, a conviction or no contest plea to a chapter 838 felony forfeits public retirement benefits except the officer’s contributions. Our attorneys weigh this in every plea discussion in an officer’s case.

What should I do if I am an officer accused of misusing Flock or FCIC?

Call a lawyer before you answer questions about your searches. Florida’s Law Enforcement Officers’ Bill of Rights gives you the right to counsel during an interrogation, and the criminal case often moves on a separate track from internal affairs. The Brancato Law Firm represents officers in both proceedings at (813) 727-7159.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

If an officer tracked you, or you are an officer facing a database misuse investigation, call the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. ALPR images may be deleted in as little as 7 days, so contact us before the evidence is gone. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I spent years in a Major Crimes Unit handling sex crimes, homicide, and child abuse cases, served as chief operating officer of the Hillsborough County Public Defender’s Office overseeing a staff of over 100, and have tried more than 150 cases to a jury verdict. Today our attorneys represent people under investigation for sex offenses in Hillsborough, Pinellas, and Pasco Counties, often before any charge is filed.

What Is the “I Am Jane Doe” Trend?

“I Am Jane Doe” is a social media movement that started in late September 2026, after a former Cornell University student filed a lawsuit as “Jane Doe” against the university, a fraternity, and seven men she says assaulted her in 2024. Supporters began posting “I am Jane Doe” to protect her identity and show solidarity, and many shared their own experiences of sexual assault (Associated Press via News4Jax, “‘Jane Doe’ solidarity posts flood social media after Cornell rape lawsuit”). New York’s attorney general has since reopened the criminal investigation into the Cornell allegations (Philadelphia Inquirer, “Center City crowd rallies in solidarity with Jane Doe”).

Some posts go further than solidarity. They name the person the poster says assaulted them, attach a photo or a link to that person’s profile, and identify a city or an employer. Commenters then urge the poster to call the police or promise to spread the name.

Our firm respects people who come forward, and many of these posts describe real harm. This article is written for the person on the other side of the screen: someone who was named, who may believe the encounter was consensual or that the post is false or mistaken, and who now has to protect their freedom, career, and reputation.

Can a Social Media Post Lead to Criminal Charges in Florida?

Yes. A post is not a criminal charge, but it can lead to a police report, and a sworn statement from the accuser is enough for detectives to open a sexual battery investigation. Under section 794.022(1), Florida Statutes, “the testimony of the victim need not be corroborated” in a sexual battery prosecution. No DNA, medical exam, or eyewitness is legally required.

Delayed reports are common. In 2024, only 24% of rape or sexual assault victimizations were reported to police, down from 46% in 2023, according to the Bureau of Justice Statistics’ Criminal Victimization, 2024 report. Most incidents never reach law enforcement when they happen, which is why detectives in Tampa Bay regularly receive reports months or years later. A viral post is one way that happens: friends and strangers in the comments encourage the poster to report, and some do.

How Long Does Florida Have to Charge Sexual Battery?

Florida generally has 8 years from the date of the incident to file a first- or second-degree sexual battery charge when the accuser was 16 or older, under section 775.15(14)(b), Florida Statutes. If the incident was reported to law enforcement within 72 hours, there is no time limit at all. Many people assume a five- or six-year-old allegation is too old to prosecute. In Florida, it usually is not.

The defamation deadline in the last row comes from section 95.11(5)(h) and section 770.07. Our firm’s guide to Florida’s criminal statute of limitations covers deadlines for other offenses.

What Charge Could a Social Media Accusation Describe?

The words in the post matter, because Florida grades sexual battery by its circumstances. Sexual battery on an adult without consent is a second-degree felony punishable by up to 15 years in prison under section 794.011(5)(b) and section 775.082. A claim that the person was unconscious, asleep, or passed out points to sexual battery on a physically helpless person, a first-degree felony punishable by up to 30 years.

Florida law defines “consent” as “intelligent, knowing, and voluntary consent,” and it says a failure to resist is not consent (§ 794.011(1)(a)). “Physically helpless” means “unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act” (§ 794.011(1)(f)). Drinking alone does not meet Florida’s definition of “mentally incapacitated,” which requires a substance given without the person’s consent (§ 794.011(1)(d)). Heavy drinking still becomes central evidence on consent and on whether someone was physically helpless. Our article on what sexual battery is in Florida explains the elements in more detail.

What Happens First If the Accuser Goes to the Police?

In our experience, the first step detectives take on a delayed sexual battery report is usually a recorded controlled call. A visit to your door typically comes later. Detectives with the Hillsborough County Sheriff’s Office, Tampa Police Department, and Pasco Sheriff’s Office commonly have the accuser call or text the named person while they record. The accuser may say they have been “thinking about that night” or that “you really hurt me.” The goal is an apology, an admission, or an explanation that fills the gaps in the accuser’s account.

Florida is generally an all-party consent state for recording calls, but these recordings are lawful. Section 934.03(2)(c), Florida Statutes allows “a person acting under the direction of an investigative or law enforcement officer” to record a call with one party’s consent to obtain evidence of a crime. Our article on whether it is illegal to secretly record someone in Florida covers the rule and its exceptions.

Researchers have studied this tactic. In “On the Synergy Between Pretext Caller and Police Interrogator,” a chapter in Criminal Investigations of Sexual Offenses (Springer, 2021), psychologist Deborah Davis and interrogation scholar Richard Leo, with co-authors, describe pretext calls as a way police use alleged victims as “surrogate interrogators” to elicit confessions, and they examine how suspects respond to those calls and how observers judge admissions made on them. Our attorneys see the same pattern: people who would never explain themselves to a detective will often try to explain themselves to the accuser.

The investigating agency is the one where the incident happened, not where you live now. If the incident happened in St. Petersburg and you now live in Tampa, expect the St. Petersburg Police Department to handle it.

Will Police Try to Talk to You, and Should You Answer?

Expect police to contact you, and do not give a statement. Once a report is made, detectives will almost always try to reach the named person, by phone, with a business card left at the door, or in person at home or work with a request to “clear things up.” Florida prosecutors can file a delayed sexual battery case on the accuser’s word alone, but detectives want stronger evidence first, and the most convincing source of that evidence is you.

A statement can make the case against you much worse in three ways:

1. An admission. Even a partial one, such as “we had both been drinking” or “I thought she was fine with it,” can confirm the sexual contact and the circumstances the accuser described.
2. Contradictory statements. Denying any contact and later saying it was consensual, or misremembering details from years ago, will be presented to a jury as lying.
3. A trap. Detectives may claim they already have evidence they do not have. In Frazier v. Cupp, 394 U.S. 731 (1969), an officer falsely told a murder suspect that his companion had already confessed. The U.S. Supreme Court held that the lie, while relevant, did not by itself make the suspect’s confession inadmissible.

In our experience, sex crimes detectives have much more advanced interview and interrogation training than patrol officers, and they plan the conversation before it starts. A person who believes they did nothing wrong is often the easiest person to interview, because they want to explain. In these cases, the only good statement is no statement.

What Should You Say If the Accuser or a Detective Contacts You?

Keep it short, polite, and final:

• If the accuser calls: say “I’m going to contact my attorney,” then hang up. Do not deny, explain, apologize, or argue. A denial can hurt you as much as an admission if later facts contradict it.
• If the accuser texts or messages you: do not reply. Save the message and give it to your attorney.
• If a detective calls or comes by: say “I’d like to speak with my attorney before I answer any questions.” Take the detective’s card, and give it to your attorney.

Should You Send a Cease-and-Desist Letter or Sue for Defamation?

Whether to send a letter or file a lawsuit is a strategic decision for your criminal defense attorney, and in most cases the answer is “not yet.” A false accusation of a crime is defamation per se in Florida, and you have two years from first publication to sue, so waiting rarely costs you the claim. Acting too early can create the publicity and the police report you are trying to prevent.

1. A demand letter often gets posted. A screenshot captioned “his lawyer is threatening me” spreads farther than the original post and gives commenters a new reason to push for a report.
2. The accuser may have constitutional protection. Article I, section 16 of the Florida Constitution, known as Marsy’s Law, gives a crime victim the right “to be free from intimidation, harassment, and abuse” beginning “at the time of his or her victimization.” Florida’s witness tampering law, section 914.22, makes it a crime to threaten someone with intent to hinder a report to police, and no case needs to be pending. A properly drafted defamation demand is lawful, but prosecutors will scrutinize any contact from the accused’s side.
3. Suing means testifying. In Minor v. Minor, 240 So. 2d 301 (Fla. 1970), a wife who filed for divorce refused to answer deposition questions about her husband’s adultery claim by invoking the Fifth Amendment. The Florida Supreme Court approved an order requiring her to answer or have her case dismissed. A person who files a defamation suit over a sexual assault post can expect to be deposed under oath about the night in question, and that testimony exists while the 8-year criminal window is still open.

Do not send a letter yourself, and do not hire a civil lawyer to send one, until your criminal defense attorney has weighed the timing. The right call depends on the post, the facts, and your criminal exposure, and it should be made by counsel who can see all three. At our firm, that decision is part of the defense strategy from the first meeting.

What Did a 2026 Florida Appeals Court Say About False Abuse Accusations?

A Florida appeals court confirmed in January 2026 that falsely accusing someone of a crime is defamation per se, which allows punitive damages without proof of a specific financial loss. In Roque v. Swezy, No. 3D25-0235 (Fla. 3d DCA Jan. 21, 2026), Elizabeth Roque sued her former partner of ten years, Lewis Swezy, in Miami-Dade County, alleging assault and battery. Swezy counterclaimed for defamation, alleging she told employees at his company that he abused her physically and verbally. The Third District Court of Appeal allowed him to seek punitive damages and wrote: “Falsely implicating another in the commission of a crime, particularly one of moral turpitude, is actionable per se.”

The same lawsuit shows how these fights unfold. In an earlier ruling, Roque v. Swezy, 390 So. 3d 193 (Fla. 3d DCA 2024), the court quashed an order requiring a forensic copy of Roque’s entire cellphone, holding that the party seeking it must first show a real need, such as evidence that data was being destroyed, and that no less intrusive option exists. By 2026, the case had produced two appeals, and the abuse allegations remained in dispute.

The lesson for anyone named in a post: Florida’s defamation remedy is strong, and pursuing it turns the lawsuit into a contest over what happened, with discovery running in both directions. Our attorneys weigh that tradeoff before recommending a civil claim.

What Should You Do Right Now If You Were Named in a Post?

Protect the evidence and stay silent. These seven steps come from how our attorneys handle pre-file sex crime investigations:

1. Do not reply, comment, or post about it. Ask friends and family not to defend you online. Every public statement is a statement prosecutors can use.
2. Do not contact the person who posted, directly or through anyone else.
3. Preserve the post. Capture the post, the comments, the poster’s profile, the web address, and the date and time. Posts disappear, and our article on social media evidence in Tampa criminal cases explains why an authenticated capture matters.
4. Preserve your own records. Keep old messages, photos, and accounts. Deactivating an account is different from deleting it. Use the platform’s “download your information” tool to save your message history. Messages exchanged with the accuser after the incident are often the most important evidence in the case.
5. Do not delete anything once you know an investigation may be coming. Destroying records with intent to keep them from an investigation that is “pending or about to be instituted” is a third-degree felony under section 918.13.
6. Do not answer questions from police or the accuser. Use the short responses above, then call your attorney.
7. Retain a sex crimes attorney before any charge is filed.

Can an Accusation Cost You Your Job or Professional License?

An accusation alone can cost you a job, even if no charge is ever filed. Most Florida employment is at will, and an employer that learns of a public sexual assault accusation may look for a reason to let the employee go, because the accusation is bad for business and the employer may fear greater liability if it keeps the person on and another complaint follows. People in healthcare, education, and other client-facing work face this risk most.

A professional license is a separate question. An accusation by itself usually does not trigger a reporting duty to a licensing board, but a plea or conviction does. A Florida nurse, for example, must report in writing to the licensing board within 30 days after being convicted or found guilty of, or pleading no contest to, any crime in any jurisdiction, under section 456.072(1)(x). That rule covers nurses and other health care practitioners. Other boards have their own rules. Our attorneys review those rules with licensed clients and plan what, if anything, to say to an employer or a board before the client says it.

Why Hire a Sex Crimes Lawyer Before Charges Are Filed?

Pre-file representation lets your attorney influence the investigation before the State Attorney’s Office decides whether to file charges. Once detectives know you have counsel, the controlled call and the “come tell us your side” interview stop working as shortcuts. Our attorneys serve as the point of contact with the detective, gather and preserve evidence, interview witnesses, and present information to prosecutors when doing so helps the client. Visit our Tampa sex crimes lawyer page to see how we defend these cases, and our page on consent defenses in sexual offense cases for how consent is litigated.

Past results do not guarantee future outcomes. See more on our case results page.

How Quickly Can Police Act After a Post Goes Viral?

There is no fixed timeline. A report can come within days of a post or years later, anywhere inside Florida’s 8-year window. Police can arrest on a sworn statement alone if they find probable cause. In our experience with delayed reports in Hillsborough and Pasco Counties, detectives usually try a controlled call or a voluntary interview first, because a statement from the accused is the evidence they most often lack. The time to hire a lawyer is before that first call or knock on the door.

Frequently Asked Questions

Can I get an “I Am Jane Doe” post about me taken down?

Sometimes. You can report the post through the platform’s harassment or privacy reporting tools, but each platform applies its own policies, and removal is not guaranteed. A lawyer’s demand letter can also work, though it carries the risks described above. At The Brancato Law Firm, any takedown effort is a strategic decision made by counsel after weighing how it affects the criminal side of the case.

Will police arrest me without talking to me first?

They can. Florida does not require corroboration of the accuser’s testimony in a sexual battery case under section 794.022(1), so a sworn statement can supply probable cause. In our experience, detectives handling a delayed report usually attempt a controlled call or an interview before seeking an arrest.

What if we were both drinking and I believed the encounter was consensual?

Alcohol does not automatically make sex nonconsensual under Florida law, but it is often the central fact in the case. Prosecutors focus on whether the person could give “intelligent, knowing, and voluntary” consent and whether the person was physically helpless (§ 794.011(1)). Do not explain your side to the accuser, online, or to police; explain it to your attorney.

Does Florida’s 8-year limit apply if the incident happened in another state?

No. Section 775.15 governs offenses prosecuted in Florida. An incident in another state is controlled by that state’s time limits, which can be shorter or longer. Our attorneys can identify which state’s law applies and coordinate with local counsel if needed.

Should I delete my social media accounts?

No. Deleting posts, messages, or accounts after you learn of a possible investigation can be charged as evidence tampering under section 918.13 and can destroy messages that help you. You can tighten privacy settings or deactivate an account, but talk to your attorney first.

How do I hire The Brancato Law Firm before charges are filed?

Call The Brancato Law Firm at (813) 727-7159 to schedule a consultation. Our attorneys represent people under investigation for sex offenses in Hillsborough, Pinellas, and Pasco Counties and can step in as your point of contact with detectives.

Talk to a Tampa Sex Crimes Defense Attorney Before Detectives Call

If your name appeared in an “I Am Jane Doe” post or any online accusation, the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can help you prepare before a detective or a recorded call reaches you. Call (813) 727-7159 now; the first contact in these investigations often comes without warning. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you suspect you’re under criminal investigation in Florida, you’re probably right to pay attention. Police contact with friends or family, a request to “come in and talk,” a notification from Google or Apple about a government data request, surveillance, or a search warrant can all signal that law enforcement is building a case.

At The Brancato Law Firm, we handle cases across the full spectrum of criminal investigations, from sex crime anddrug investigations to domestic violence accusations and internet sting operations. Our founder, Rocky Brancato, spent 25 years in criminal defense, including serving as Chief Operations Officer of the Hillsborough County Public Defender’s Office and training law enforcement officers at the police academy on criminal procedure and courtroom testimony. That background gives our team a direct understanding of how investigations are built, how officers are trained to develop cases, and where the real opportunities for defense begin.

The window between investigation and formal charges is often the most valuable time to act in a Florida criminal case. This article covers the signs that an investigation may be underway, what each sign tells you about where things likely stand, and what you can do to protect yourself before charges are ever filed.

How Criminal Investigations Work in Florida Before Charges Are Filed

Most people assume a criminal case starts with an arrest. In reality, many Florida cases begin with a pre-file investigation that can last weeks or months before a prosecutor decides whether to file formal charges.

During this window, law enforcement and prosecutors have broad investigative authority. Under Florida Statute §27.04, state attorneys can summon witnesses from anywhere in the state, question them under oath, and investigate potential violations of law before any charging document is filed. State-attorney investigators have law-enforcement status and can serve arrest warrants, search warrants, and witness subpoenas connected to criminal investigations (§27.255).

For more serious cases, Florida prosecutors can also convene a grand jury. Grand jury proceedings are secret, and the grand jury has the power to subpoena witnesses, hear testimony, and return an indictment. If you are called before a grand jury, Florida law allows you to bring one attorney into the room, but only to advise and consult, not to speak to the grand jurors (Florida Statutes Chapter 905).

Florida’s public records law classifies active criminal investigative material as nonpublic while the investigation is ongoing with a reasonable, good-faith anticipation of arrest or prosecution (§119.011). You may receive very little official confirmation that an investigation exists, even when one is well underway.

All of this matters because the pre-file stage is where defense intervention can have the greatest impact. Once formal charges are filed, the case takes on its own momentum. Before that point, there is an opportunity to present evidence, provide context, and advocate directly to the prosecutor’s office to prevent charges from being filed in the first place.

Common Signs That You May Be Under Investigation

Law Enforcement Asks You to “Come In and Talk”

A request for a “voluntary interview” or an invitation to “clear something up” is one of the clearest signs that investigators consider you a person of interest. These conversations are designed to develop evidence, not to help you.

What makes this risky in Florida: Miranda warnings are only required during custodial interrogation, not during every police conversation. The Florida Supreme Court has held that the trigger for Miranda protections is whether the person is in custody, not whether they are a suspect (Traylor v. State). A noncustodial interview at a police station can produce statements that are fully admissible at trial, even if you were never read your rights.

What this sign tells you about where things stand: Investigators believe you may provide information that helps their case. They would not ask if they didn’t think the conversation could be productive for the prosecution.

What to do: Do not agree to speak without an attorney present. The fact that the conversation is described as “voluntary” does not mean your statements can’t be used against you.

People Around You Are Being Contacted

When law enforcement begins interviewing your family members, co-workers, neighbors, or friends, this typically means investigators are corroborating facts they already believe to be true. This is not usually the beginning of an inquiry. It’s a sign the investigation has progressed to the point where detectives are building context around information they’ve already gathered.

Florida law expressly recognizes that investigator and informant reports are part of criminal investigative information (§119.011), and state attorneys can formally summon witnesses for questioning under oath (§27.04).

What this sign tells you about where things stand: The investigation is past the initial stages. Investigators are testing their theory of the case against what the people in your life can confirm or deny.

What to do: Do not contact these individuals to coordinate stories, ask them what they said, or encourage them not to cooperate. Florida law criminalizes tampering with or harassing a witness, victim, or informant under §914.22.

You Receive a Subpoena or Prosecutor Summons

A subpoena or a summons from the State Attorney’s Office is a stronger signal than a phone call or a detective’s visit. It means someone with legal authority has decided your testimony or records are relevant enough to compel production.

If the subpoena is connected to a grand jury, the secrecy rules are strict. Grand jury proceedings are confidential under Florida law, though a witness may bring one attorney into the room to advise and consult (§905.17, §905.185).

What this sign tells you about where things stand: The investigation has moved into formal evidence-gathering. Prosecutors are actively evaluating whether to bring charges.

What to do: Contact a criminal defense attorney before responding. An attorney can help you understand the scope of the subpoena, whether you are a target or a witness, and how to protect your rights.

A Search Warrant Is Executed or Your Devices Are Seized

A search warrant means a judge has already found probable cause to believe evidence of a crime will be found in a specific location. Under Florida law (Chapter 933), warrants require probable cause, sworn testimony, and a description of the specific place to be searched and items to be seized. Florida imposes additional statutory protections for searches of private dwellings (§933.18).

The Florida Supreme Court has also placed constitutional limits on newer investigative techniques. In Jardines v. State, the court held that a drug-detection dog sniff at the front door of a private home constitutes a search requiring probable cause. In Tracey v. State, the court held that real-time cell-site tracking is a search that requires probable cause.

Device seizures are increasingly common and can involve phones, computers, tablets, external drives, and cloud-connected devices. The Florida Department of Law Enforcement’s forensic laboratories receive more than 100,000 items of evidence per year, and digital-evidence analysts routinely deal with encryption, deleted-data recovery, and damaged devices.

What this sign tells you about where things stand: The investigation is well developed. A judge has already reviewed evidence and concluded there is probable cause. This does not mean charges will definitely be filed, but the case is serious.

What to do: Do not interfere with the search. Do not attempt to hide, destroy, or move any items. Note the names of the officers, the warrant number if visible, and what is taken. Contact an attorney immediately.

You Receive a Notification from Google, Apple, Microsoft, or Meta

This is a sign that most articles about criminal investigations don’t mention. But it’s one of the most concrete, modern indicators that law enforcement has served legal process on a technology company holding your data.

Each of these companies has a policy of notifying users when the government requests account data, unless a court order, law, emergency circumstances, or nondisclosure order prevents notification:

• Google generally emails users before disclosing information to a government agency unless notice is legally prohibited, delayed by a gag order, or blocked by an emergency
• Apple notifies customers when account information is sought unless a court order or similar exception applies, and describes delayed notice after nondisclosure periods
• Microsoft provides prior notice unless prohibited by law, and delayed notice when nondisclosure orders expire
• Meta notifies users before disclosure unless prohibited or subject to nondisclosure, with delayed notice when restrictions lift

What this sign tells you about where things stand: Legal process (a warrant, court order, or subpoena) has already been served on a company that holds your data. The notification may arrive before, during, or after the disclosure, depending on whether a nondisclosure order was in place. You may not be the target of the investigation. You could be a witness, victim, or associated account holder. But it means the investigation is real and involves your digital information.

What to do: Preserve the notification. Do not delete or purge the account. Contact an attorney who can evaluate what process was served, what data may have been disclosed, and whether any challenge or strategic response is available. At The Brancato Law Firm, we handle internet crime and digital evidence cases where tech company notifications are the first sign a client receives that an investigation exists.

You Notice Signs of Surveillance

Surveillance can take many forms: unfamiliar vehicles near your home or workplace, the sense that you’re being followed, unusual activity on your phone or accounts, or the feeling that someone is monitoring your movements.

Florida law treats ordinary observation in public spaces differently from more invasive surveillance methods. The Florida Supreme Court has placed constitutional limits on certain techniques. Real-time cell-site location tracking requires probable cause (Tracey v. State), and a drug-detection dog sniff at the front door of a home is a search requiring probable cause (Jardines v. State).

Florida’s wiretap law (Chapter 934) prohibits the intentional interception of wire, oral, or electronic communications unless a statutory exception applies. Authorized interceptions require a detailed written application explaining the target offense, the communications to be intercepted, and why less intrusive methods failed or would be too dangerous (§934.09).

Not every suspicious car or strange feeling constitutes surveillance. But if multiple signs on this list are happening at the same time, the possibility becomes harder to dismiss.

What this sign tells you about where things stand: If actual surveillance is occurring, the investigation has likely been approved at a supervisory level and may have judicial authorization. This typically indicates a more advanced stage of investigation.

What to do: Document what you observe (dates, times, descriptions) but do not confront anyone you suspect of conducting surveillance. Do not attempt counter-surveillance. Share your observations with your attorney.

Someone Approaches You with a Suspiciously Convenient “Opportunity”

If someone you don’t know well, or someone you do know who is acting out of character, presents you with an unsolicited opportunity to engage in illegal activity, you may be the subject of an undercover operation or sting.

Florida law explicitly addresses this through its entrapment statute (§777.201). Entrapment occurs when law enforcement or its agents induce or encourage a crime by methods that create a substantial risk that the offense will be committed by someone not otherwise ready to commit it. Florida courts apply both subjective entrapment (looking at inducement and predisposition) and objective entrapment (looking at whether police conduct was outrageous).

Undercover operations and controlled buys are common in drug investigations, and online sting operations are a frequent tool in internet crime and sex crime investigations.

What this sign tells you about where things stand: An undercover approach means the investigation is active and may be targeting you specifically. Law enforcement has allocated resources and personnel to the operation.

What to do: Do not engage. Do not participate in the proposed activity. Do not agree to anything “just to see what happens.” Contact an attorney.

What You Should NOT Do If You Think You’re Being Investigated

Recognizing the signs matters, but what you do next matters just as much. These are the most common mistakes people make when they suspect an investigation is underway.

Every one of these actions can create additional criminal exposure on top of whatever the original investigation involves. The instinct to “clean up” or “get ahead of it” without legal guidance is understandable, but it almost always makes things worse.

What a Criminal Defense Attorney Can Do Before Charges Are Filed

Many people assume they need to wait until they’re arrested or formally charged before hiring an attorney. That assumption costs people cases.

Pre-file advocacy is one of the most effective services a criminal defense attorney can provide. In the window between an investigation and a charging decision, a defense attorney can:

• Control contact with law enforcement. Once you have counsel, investigators must communicate through your attorney. This prevents the kind of unguarded statements that frequently become the prosecution’s strongest evidence.
• Determine the scope of the investigation. Your attorney can find out whether subpoenas, warrants, or data requests have been issued and what agency is conducting the investigation.
• Prepare you for a grand jury appearance. If you receive a grand jury subpoena, your attorney can help you understand your rights, prepare your testimony, and accompany you into the grand jury room as your advisor.
• Present evidence and context to the prosecutor. This is the core of pre-file advocacy. An experienced defense attorney can provide exculpatory evidence, witness statements, and contextual information directly to the State Attorney’s Office before a filing decision is made.
• Advocate for a no-file decision. Florida prosecutors sometimes review completed investigations and decide not to file charges. “Not filed on” is a recognized official outcome in the State Attorney’s system. While there is no public data quantifying how often defense-generated pre-file submissions lead to this result, the mechanism is real and well-established.

Pre-file advocacy requires an attorney who understands how the State Attorney’s Office evaluates cases and what evidence influences charging decisions. At The Brancato Law Firm, our system-level knowledge of the criminal justice system, built through years of institutional leadership at the Hillsborough County Public Defender’s Office, gives us direct insight into how these decisions are made.

This approach is especially effective in domestic violence cases, where the evidence often tells a more complex story than the initial accusation suggests, and in sex crime investigations, where early intervention with detectives can shape the entire trajectory of the case.

How Long Do Florida Criminal Investigations Last?

There is no single answer. Investigation timelines vary depending on the type of case, the complexity of the evidence, and how many agencies are involved.

If you have already been arrested but not formally charged, Florida’s rules set specific deadlines. Under Rule 3.134, the State must file formal charges within 30 days if you are in custody, or within 60 days if you are on pretrial release. If those deadlines pass, the rule requires release on recognizance (on the 33rd or 63rd day, respectively), though limited extensions are available.

If you have not been arrested, there is no comparable deadline. The investigation can remain “active” as long as arrest or prosecution is reasonably anticipated. This is another reason early attorney involvement matters: without counsel monitoring the situation, you may not know the investigation has progressed until an arrest warrant is executed.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

For how The Brancato Law Firm, P.A. defends these cases, see our pre-file representation before charges are filed.

If You Recognize These Signs, Talk to an Attorney Now

The period before charges are filed is not dead time. It is the most important window in many criminal cases. What happens during the investigation, and whether a defense attorney is involved, can determine whether charges are ever filed at all.

If you recognize any of the signs described in this article, do not wait for an arrest. Contact The Brancato Law Firm at (813) 727-7159 for a free, confidential consultation. We serve clients across Hillsborough, Pinellas, and Pasco Counties and are available 24/7 for emergencies.

A Florida school district’s first move after a teacher’s arrest is to read the charge, because the charge decides which deadlines start running. A felony, or a misdemeanor on the state’s Level 2 screening list, starts a 48-hour self-report clock, a 24-hour classroom-removal policy, and often a complaint to the Department of Education. I saw how child abuse and sex offense investigations are built during my years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I later served as that office’s Chief Operations Officer, overseeing a staff of over 100 attorneys. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict over 25+ years in Hillsborough County courtrooms. Our attorneys defend the criminal case and coordinate with the teacher’s union representative and certification counsel, so the criminal strategy protects the certificate too.

Do Florida teachers have to report an arrest within 48 hours?

Yes. Under section 1012.799(2), Florida Statutes, instructional and administrative personnel must self-report any felony arrest, and any arrest for a misdemeanor listed in the Level 2 screening statute, within 48 hours to the school district authority the superintendent designates. The same statute requires a second report within 48 hours after the final judgment for any conviction, finding of guilt, withhold of adjudication, plea of guilty or no contest, or entry into a pretrial diversion program, for any offense other than a minor traffic violation.

The State Board of Education added the same duty to the Principles of Professional Conduct, Rule 6A-10.081, effective October 28, 2025. A violation of the Principles is itself a ground for discipline. Before Senate Bill 1374 took effect on July 1, 2025, the arrest-reporting duty covered only child abuse and controlled substance charges, according to the Florida Senate’s 2025 bill analysis.

The statute says the self-report is not an admission of guilt and is not admissible for any purpose in any civil, criminal, administrative, or judicial proceeding. That protection covers the report. It does not cover a later conversation with a principal or an investigator about what happened. Our attorneys advise teachers to report the date, the arresting agency, and the charge, and to hold any explanation until we have read the arrest report.

What happens to a teacher’s job after an arrest in Hillsborough County?

A teacher arrested for a felony or a listed misdemeanor is removed from the classroom within 24 hours of the district learning of the arrest. Section 1012.22(1)(j), Florida Statutes, requires every school board to adopt that temporary-removal policy, and the 24 hours run from notice by law enforcement or by the teacher’s own self-report. The statute does not say whether the teacher is reassigned or placed on leave, or whether the leave is paid. Those terms come from the district’s policy and the union contract.

In Hillsborough County Public Schools, arrests of employees go to the district’s Professional Standards office, part of the Division of Human Resources. The district says that office conducts internal investigations of complaints against employees, coordinates all law enforcement and child protective investigator (CPI) investigations involving employees, manages employee arrest information, and handles due process under the teachers’ union contract. Its investigators are commissioned retired law enforcement officers. For that reason, our attorneys prepare a teacher for a Professional Standards interview the same way we prepare a client for a police interview.

The criminal case adds its own limits. Hillsborough arrestees see a judge at first appearance by video from the jail, and Hillsborough County does not offer pretrial services supervision as a release option, though nearby counties do. When the alleged victim is a student, the judge may enter a no-contact order under section 903.047, Florida Statutes. Unless the court says otherwise, that order bars the teacher from coming within 500 feet of a place the student regularly frequents, which can include the school itself. Our firm handles these cases in Hillsborough County, Pinellas County, and Pasco County.

How does the Florida Department of Education investigate a teacher?

The Department of Education’s Office of Professional Practices Services investigates complaints against certified educators, and a school district must file every legally sufficient complaint with the Department in writing within 30 days of learning about it. That duty comes from section 1012.796, Florida Statutes, and it applies even if the teacher resigns. The Department’s description of the process follows these steps:

1. The district or another source files a complaint, and the Department confirms the person holds or has applied for a Florida educator certificate.
2. The Department opens a case and notifies the educator and the employing district.
3. Investigators interview the alleged victim and witnesses and collect documents and other evidence.
4. The educator is offered a meeting to respond with explanations, rebuttals, or documents.
5. Department lawyers review the file, and the Commissioner of Education decides whether probable cause exists.
6. If probable cause is found, the Commissioner files a formal complaint. The educator can settle, request an informal hearing before the Education Practices Commission, or request a formal hearing before an administrative law judge if the facts are disputed.
7. The Commission issues a final order.

The criminal case and the Department case run on separate tracks, but they feed each other. The state attorney’s power to pause the 90-day clock means the criminal case often goes first in student-misconduct cases. A plea entered in court then arrives at the Department as evidence.

What can the Education Practices Commission do to a teaching certificate?

The Education Practices Commission can dismiss the complaint or impose penalties ranging from a written reprimand to permanent revocation of the educator certificate. Section 1012.795, Florida Statutes, lists the grounds, which include any conviction, finding of guilt, withhold, or guilty or no contest plea to a misdemeanor or felony other than a minor traffic violation, personal conduct that seriously reduces the teacher’s effectiveness, and violation of the Principles of Professional Conduct.

The Disqualification List is small. As of October 1, 2025, 79 individuals were on the Department of Education’s Disqualification List, according to a November 2025 Professional Practices Services presentation. The statute also directs the Commission to adopt rules requiring permanent revocation for an educator sanctioned on two previous occasions, with a narrow exception for administrative violations such as a missed probation fee.

Which criminal charges disqualify a teacher from working in a Florida school?

A teacher becomes ineligible for certification or for any school job with direct student contact if the person has a qualifying disposition for an offense on the Level 2 screening list in section 435.04(2), Florida Statutes. Section 1012.315, Florida Statutes, applies that list to educators. The screening statute reaches anyone who has been found guilty regardless of adjudication, who has pleaded guilty or no contest, or who has been “arrested for and is awaiting final disposition of” a listed offense. A pending case alone can keep a teacher out of a student-contact position until it is resolved.

Some disqualified employees can apply for an exemption under section 435.07, Florida Statutes, by proving rehabilitation with clear and convincing evidence after completing the sentence. The exemption is closed to anyone designated a sexual predator or required to register as a sexual offender, and section 1012.315 closes it for a long list of serious offenses. Those limits are why our attorneys check every proposed plea against the screening list before a teacher signs anything.

What is Level 2 background screening for Florida teachers?

Level 2 screening is the fingerprint-based background check Florida requires as a condition of hiring and of continued employment for school staff. Under section 435.04(1), it includes a statewide check through the Florida Department of Law Enforcement, a national check through the FBI, local law enforcement records, and a search of the sex offender registries of every state where the person lived in the previous five years. Section 1012.315 assigns the eligibility decision for school employees with direct student contact to the Agency for Health Care Administration.

Education employers began using the state’s background screening Clearinghouse on April 7, 2025, and all education staff must be phased in by June 30, 2027, according to the Department’s 2025 Professional Practices Services presentation. For a teacher, the screening system is one more place an arrest record can surface, whether or not anyone at school mentions it.

Does a withhold of adjudication or no contest plea still count against a teacher?

Yes. Section 1012.795(1)(f) makes a withhold of adjudication or a no contest plea a ground for discipline, and section 435.04(2) counts a no contest plea “regardless of adjudication” for screening. Both must also be self-reported within 48 hours after the judgment. A guilty plea goes further: section 1012.795(2) makes it prima facie proof of grounds for revocation unless the teacher proves it was caused by threats, coercion, or fraud.

Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987), shows both how a plea follows a teacher and how a teacher can still win the license case. Ferris was a Hernando County elementary teacher who pleaded no contest to sexual battery and received probation with adjudication withheld. A hearing officer later found that the alleged contact with the student never happened, and the Commission dismissed the revocation complaint. The Florida Supreme Court held that revoking a teacher’s certificate requires clear and convincing evidence and reinstated the dismissal. That plea would trigger today’s Level 2 screening disqualification on its own, which is why the plea decision now matters even more than it did in 1987.

Sealing or expunging the record later does not hide it from a school. Under section 943.0585, Florida Statutes, a person with an expunged record may not deny the arrest when seeking employment or licensure with the Department of Education or a school district. Pretrial diversion is different from a plea. A diversion program ends with the charges dismissed and no finding of guilt, though entering the program must still be self-reported within 48 hours and the Department can still review the underlying conduct.

What criminal charges do teachers face most often?

Most criminal cases against teachers fall into four groups: discipline or restraint allegations, sex offense allegations involving students, DUI, and drug possession. Each one carries a different screening and reporting result, so the defense plan starts with the charge.

Discipline, restraint, and child abuse allegations

Florida defines child abuse in section 827.03 to include an intentional act that could reasonably be expected to cause physical or mental injury to a child, and child abuse without great bodily harm is a third-degree felony punishable by up to five years in prison. Allegations against school employees are classified as “institutional child abuse or neglect” under section 39.01, Florida Statutes, so a teacher can face a child protective investigation and a police investigation at the same time. Our Tampa child abuse attorney team handles both tracks from the first call.

When does teacher discipline become child abuse in Florida?

Florida appellate courts have drawn a line between discipline and abuse, and two decisions show contact without injury falling short of a crime. In State v. Lanier, 979 So. 2d 365 (Fla. 4th DCA 2008), a Broward elementary teacher was charged with child abuse after she stomped on a four-year-old’s foot because he had stepped on another child’s foot, along with charges from a second classroom incident. The child had no bruise and needed no treatment. The Fourth District affirmed dismissal of all three child abuse and neglect counts on a sworn motion to dismiss, and it held that the school board’s ban on corporal punishment did not decide whether a crime occurred. The lesson for teachers is that violating a district discipline policy can cost a job without proving a felony.

Morris v. State, 228 So. 3d 670 (Fla. 1st DCA 2017), carried that reasoning to a misdemeanor. A pre-kindergarten teacher’s aide in Pensacola was charged with child abuse after a combative four-year-old spat at and kicked at her in a hallway. She slapped her hand down toward his face and caught his leg, and he fell; she said she was blocking the spit and the kick. The jury acquitted her of child abuse but convicted her of simple battery. The First District reversed and ordered a judgment of acquittal, holding that school staff acting in place of a parent are privileged to touch a student in a non-abusive way while moderately correcting him. Florida law adds a teacher-specific protection: under section 1015.05, Florida Statutes, a teacher may use reasonable force to protect himself, herself, or others, and in litigation or professional practices proceedings over that action there is a rebuttable presumption that the teacher was restoring or maintaining classroom safety. Our posts on the legal limits of discipline in Florida and on child neglect charges in Tampa cover the parent-side version of these rules.

Sex offense allegations involving students

Sex offense allegations are the most dangerous charges a teacher can face because they carry prison exposure, sex offender registration, and permanent loss of the certificate. Florida’s main statutes are lewd or lascivious offenses under section 800.04, unlawful sexual activity by a person 24 or older with a 16- or 17-year-old under section 794.05, which is a second-degree felony, and offenses against students by authority figures under section 800.101. Section 800.101 makes it a second-degree felony for any school employee, volunteer, or contractor 18 or older to solicit or engage in sexual conduct, lewd conduct, or a romantic relationship with an enrolled student, regardless of the student’s age. Our Tampa sex crimes defense lawyer team defends these cases, and our guide to unlawful sexual activity with a minor explains the penalties.

In a school case, a student may describe the allegation to a friend, a teacher, an assistant principal, a school resource officer, and a parent before a trained interviewer ever speaks with the child. The U.S. Department of Justice’s 2015 OJJDP bulletin on child forensic interviewing (Newlin et al.) warns against multiple interviewers repeatedly questioning a child and notes that opportunities for contamination increase as time passes. Our attorneys collect every one of those earlier conversations and compare them with the recorded forensic interview.

DUI

A first DUI in Florida carries up to six months in jail under section 316.193, and it is not on the Level 2 screening list. A teacher does not have to self-report a misdemeanor DUI arrest under the statute, but any conviction, withhold, or plea must be reported within 48 hours after the judgment because DUI is a criminal offense and not a minor traffic violation. A reduction to reckless driving is still a criminal disposition that must be reported. A third DUI within 10 years is a third-degree felony, and that arrest must be reported within 48 hours. Our Tampa DUI defense attorneys build the case with the reporting rules in mind.

Drug possession

Possession of 20 grams or less of cannabis is a first-degree misdemeanor under section 893.13, and it is not a listed screening offense unless a minor was involved. Possession of most other controlled substances without a prescription is a third-degree felony, so the arrest itself triggers the 48-hour self-report and the 24-hour classroom removal. Diversion is often the goal in a first-offense possession case because it ends in a dismissal without a plea. Our Tampa drug crimes attorney team negotiates diversion where the facts allow it.

Why is the criminal outcome a teacher’s best protection?

The criminal outcome is the best protection because almost every administrative consequence keys off it. A no-file or dismissal leaves nothing to self-report after the case, nothing for the Level 2 screening to count as a disposition, and no plea for the Department to use as proof. A no contest plea, even with adjudication withheld, triggers all three.

Many teacher cases start as a school or child protective investigation before anyone is arrested. That window is when our representation before charges are filed does the most good. Our attorneys request school surveillance, bus, and classroom video in writing right away, before routine retention schedules erase it. We interview witnesses, gather lesson plans and attendance records that place the teacher elsewhere, and present that evidence to the State Attorney’s Office before the filing decision. The teacher speaks to no investigator until we know what the State has.

Who handles the Education Practices Commission case?

Our firm handles the criminal case, and the teacher’s union representative or certification counsel handles the employment and Education Practices Commission side. The two tracks have to move together. A statement given to Professional Standards, a plea entered in court, or a fact conceded in a settlement with the Department can damage the other case. Our attorneys coordinate with the teacher’s union representative and license counsel at each step so that nothing said in one forum undercuts the other. The same coordination applies to other licensed professionals, as our guide to criminal defense for healthcare professionals explains.

How do you choose a lawyer who understands teacher license consequences?

Choose a criminal defense lawyer who can explain, before you plead, exactly what each possible outcome will trigger under the self-report statute, the Level 2 screening list, and the Commission’s discipline grounds. The Brancato Law Firm practices criminal defense only, from misdemeanors to capital cases, in Hillsborough, Pinellas, and Pasco Counties. Founder Rocky Brancato is a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, a former police academy instructor, and the author of “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.” He holds an AV Preeminent rating, has been selected to Super Lawyers, and has been named to the National Trial Lawyers Top 100.

Clients can call us at any hour, follow their case through our client portal, and expect calls returned within 24 hours. Attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Our fees are flat fees that cover the whole case, including trial, quoted on the facts and intricacy of the case, with at least half up front and a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. Our post on what a criminal defense attorney costs in Tampa explains why a separate trial fee gives a lawyer a financial incentive to settle before trial preparation.

What should a teacher do in the first 48 hours after an arrest?

A teacher’s first 48 hours after an arrest should go to the self-report, the bond conditions, and silence about the facts. Our attorneys walk teachers through these steps:

1. Make the self-report within 48 hours if the charge is a felony or a listed misdemeanor, limited to the date, the agency, and the charge.
2. Do not discuss the allegation with administrators, coworkers, students, or parents, and do not post or text about it.
3. Do not contact the student or the student’s family, even to apologize, and follow any no-contact order exactly.
4. Decline any interview with Professional Standards, a child protective investigator, or a Department investigator until a criminal defense attorney has reviewed the allegation.
5. Call your union representative about leave and pay, and tell your criminal defense attorney who that person is.
6. Write down names of witnesses and where cameras were, while you still remember.

Case results in the kinds of charges teachers face

These are published results from our firm’s case results page. None of these clients is described as a teacher; they show how our attorneys resolve the same charges teachers commonly face.

Past results do not guarantee future outcomes.

Frequently asked questions

I’m a teacher facing criminal charges in Hillsborough County. Can you recommend a lawyer who understands professional license consequences?

Look for a criminal defense lawyer who knows the 48-hour self-report rule, the Level 2 screening list, and how each possible plea will read to the Education Practices Commission. The Brancato Law Firm practices only criminal defense, and our attorneys build the criminal strategy around those certification rules while coordinating with your union representative or certification counsel. Founder Rocky Brancato has tried more than 150 jury trials to verdict over 25+ years in Hillsborough County. Our child abuse defense practice handles the discipline and student-allegation cases teachers face most.

Can a Hillsborough County teacher be removed from the classroom before being convicted?

Yes. Every Florida school board must have a policy removing a teacher from the classroom within 24 hours of notice of an arrest for a felony or a listed misdemeanor, under section 1012.22. Our attorneys at The Brancato Law Firm work to resolve the criminal case quickly, ideally before charges are filed, so the removal stays temporary. Pay status and reassignment depend on the district’s policy and the union contract.

Does a teacher have to report a DUI arrest to the school district in Florida?

Not under the state statute, because a first or second DUI is a misdemeanor that is not on the Level 2 screening list. The Brancato Law Firm reminds teacher clients that any conviction, withhold, or plea on a DUI, including a reduction to reckless driving, must be reported within 48 hours after the judgment. Read your district’s own policy as well, and talk with our DUI defense attorneys before you decide what to report.

Will a no contest plea with adjudication withheld cost me my teaching certificate?

It can, because Florida’s discipline statute and its Level 2 screening statute both count a no contest plea and a withhold of adjudication. Before any plea, our attorneys at The Brancato Law Firm compare it against the screening list in section 435.04 and the Commission’s discipline grounds so the teacher knows what the plea will trigger. For a listed offense, that plea can end eligibility for any school job with direct student contact.

Can a teacher be charged with child abuse for restraining or disciplining a student in Florida?

Yes, but the State must prove an act that could reasonably be expected to injure the child, and contact that causes no injury may not meet that standard. The Brancato Law Firm relies on decisions like State v. Lanier, 979 So. 2d 365 (Fla. 4th DCA 2008), where the court affirmed dismissal of child abuse charges against a teacher whose stomp on a four-year-old’s foot left no injury. A violation of school discipline policy can still lead to employment and certificate consequences.

Can teacher child abuse charges be dropped in Florida?

Yes. The State Attorney’s Office can decline to file charges or dismiss a filed case when the evidence does not support a crime. The Brancato Law Firm presents video, witness statements, and medical records to prosecutors before the filing decision through our pre-file advocacy work. Our published results include an aggravated child abuse case dismissed after expert analysis tied the child’s injury to a congenital condition.

Should a teacher talk to Professional Standards or a Department of Education investigator without a lawyer?

No, not before a criminal defense attorney has reviewed the allegation. The Brancato Law Firm advises teachers that a statement to a district or state investigator does not carry the protection the statute gives the 48-hour self-report. Investigators in Hillsborough’s Professional Standards office coordinate with law enforcement and child protective investigators, so anything said can shape the criminal case.

Talk to a Tampa defense attorney today

The district’s 48-hour rule starts running at the arrest, and the classroom-removal policy follows within a day, so the criminal defense has to start just as fast. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends teachers and school employees charged or under investigation in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free consultation, and call us at any hour if you or someone you love was just arrested. For more about our defense strategies, visit our Tampa child abuse defense page and our Tampa sex crimes defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.