What to Do if You Are Arrested on Spring Break
Getting arrested on spring break can derail your trip in minutes. What you do next matters, especially if you are far from home and unfamiliar with Florida’s criminal process. The decisions you make in the hours after an arrest can affect whether this is a short-term problem or something that follows you...
Fraudulent Inducement: When Can You Sue Over a Bad Contract?
You can sue over a bad contract when the other party induced you to sign it through a material lie or omission, not merely because they failed to perform later. Fraudulent inducement focuses on deception before the contract was formed, rather than what happened after. These claims often arise when a deal...
Consequences of Resisting Arrest in Florida
Resisting arrest in Florida can lead to separate criminal charges, even when the underlying arrest is later disputed or dismissed. The consequences range from fines and probation to jail or prison time, depending on whether force or violence is alleged. Because these charges are often added in tense, fast-moving encounters with law...
What Is a Defamation Lawsuit and Do You Have a Case?
When someone makes a false statement that harms your reputation, Florida law allows you to pursue a defamation claim. Defamation occurs when a person publishes or shares information that damages your standing in the community, affects your career, or harms your personal relationships. Whether you have a case depends on what was...
Is Claiming Insanity a Legitimate Defense?
A claim of insanity is one of the most misunderstood legal defenses. In Florida, it can apply in rare cases where a person was so mentally impaired at the time of the crime that they could not understand the nature of their actions or that those actions were wrong. While this defense...
Professional Consequences of a Criminal Conviction
A criminal conviction can affect far more than your freedom or finances. It can alter your career path, professional reputation, and eligibility for future opportunities. Many professions require background checks, proof of good moral character, or state licensing, all of which can be jeopardized by a criminal record. Understanding these consequences is...
How Does Resisting Arrest Impact Your Defense?
When someone is arrested in Florida, emotions often run high. Fear, confusion, and anger can lead to split-second decisions that carry lasting consequences. One of the most common and damaging reactions during an arrest is resisting. Whether it’s pulling away from an officer’s grasp or verbally refusing commands, resisting arrest can create...
Defenses for Murder Charges in Florida
Facing a murder charge is one of the most serious and frightening situations anyone can experience. Your future, freedom, and reputation are all at risk. If you or someone you care about has been accused of murder in Florida, you need to understand the potential defenses available and how the legal process...
Public Intoxication: When Does it Become a Criminal Offense in Florida?
Public intoxication might sound like a minor slip-up—something many people assume is only an embarrassment rather than an actual crime. However, in Florida, being intoxicated in public can sometimes cross the line into criminal behavior. At Van Elswyk Law, we want members of our community to understand exactly where that line...
Factors that Affect Bail and Pretrial Release in Florida
Facing an arrest can be overwhelming, and the prospect of waiting for trial can add stress to an already difficult situation. Bail offers a way for people to continue their daily lives while awaiting their court date. However, the court carefully considers several aspects before deciding on bail, looking at the person’s...