Michael A. Gottlieb, P.A.Michael A. Gottlieb, P.A.2026-09-01T19:47:14Zhttps://www.browardcriminallawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1204308/2023/02/cropped-favicon-32x32.jpgOn Behalf of Michael A. Gottlieb, P.A.<![CDATA[What is an accessory to a crime in Florida?]]>https://www.browardcriminallawyer.com/?p=477882026-09-01T19:47:14Z2026-09-01T19:47:14ZHelping before or during the crime
If you encourage or assist someone in committing a criminal offense, you can face the same charges they face – just as if you were the principal actor. This is true even if you are not physically present when the crime occurs.
Simply knowing that another person plans to commit a crime is generally not enough to make you an accessory, nor is your mere presence at the scene when the crime occurred. Evidence of intentional participation or assistance is usually required.
For example, imagine that your best friend is planning a bank robbery. You help them figure out the steps to take and procure a gun, or you give them information they need to time the robbery. That would likely make you an accessory before the fact. If you act as a lookout, you would be an accessory during the fact. In either case, you could face the same charges and potential sentence as your friend.
Helping after a felony-level crime has been committed
Florida law also generally prohibits knowingly helping someone who has committed a felony-level crime avoid arrest or punishment. Doing so makes you an accessory after the fact.
Imagine, again, that your best friend robbed a bank – but this time you only find out when they approach you after the robbery. Some actions that might qualify for charges include:
Helping your friend hide from the police until the search dies down
Providing transportation to help your friend get out of the area
Allowing your friend to hide their stolen cash on your property
Lying to the police to give your friend an alibi or to send the police in the wrong direction
The law does provide exceptions for certain close relatives under very specific circumstances. However, these exceptions do not protect a family member in every case, especially in cases involving child abuse, child neglect or the death of a child.
Anyone accused of helping another person commit a crime or evade justice should avoid giving any official statements about the situation to the police before obtaining legal guidance.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Is reliance on an accountant a defense to tax fraud charges?]]>https://www.browardcriminallawyer.com/?p=477812026-08-15T22:20:11Z2026-08-15T22:20:11ZGood-faith reliance can be a way out
Good-faith reliance on a qualified accountant can be a defense to certain federal tax fraud charges because the government must generally prove that tax evasion was a result of willfulness on the taxpayer’s part. Anyone who honestly followed professional advice may not have acted with the criminal intent necessary for a conviction.
The taxpayer must make a full disclosure
Simply saying, “My accountant did it,” is not enough for a defense. Accountants can only provide reliable guidance when they have accurate information. A taxpayer seeking to establish good-faith reliance must usually show that they disclosed all relevant information, including income, business transactions, assets and expenses. A good-faith reliance defense would not be possible if the taxpayer:
Concealed income from the accountant
Supplied false or altered records
Failed to disclose offshore accounts or cash payments
Invented personal expenses and characterized them as business deductions
A taxpayer also cannot ask an accountant to prepare a return using questionable figures and then avoid responsibility by signing it.
The surrounding circumstances can help determine whether the taxpayer truly relied on the accountant. Investigators may examine emails, financial records and conversations between the taxpayer and the tax professional. They may also consider the accountant’s qualifications, the advice provided and whether the taxpayer followed that advice.
Tax returns can contain errors without anyone committing a crime. An accountant may misunderstand a transaction, apply a rule incorrectly or enter the wrong number. Negligence and poor recordkeeping can lead to additional taxes, interest or civil penalties, but they do not necessarily establish purposeful tax fraud. Anyone facing an IRS criminal investigation should seek legal guidance immediately as a result.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What behavior is considered bank fraud according to federal law?]]>https://www.browardcriminallawyer.com/?p=477712026-08-02T22:03:20Z2026-08-02T22:03:20ZWhat is federal bank fraud?
Federal bank fraud involves knowingly carrying out or attempting to carry out a scheme to defraud a financial institution or to obtain money, assets or property under the bank's control through false or misleading representations.
The offense is governed by federal law because it affects federally insured banks and the nation's financial system. Examples of conduct that may attract federal charges include:
Submitting false information on a loan or credit application
Depositing counterfeit or altered checks
Using stolen identities to open bank accounts or obtain loans
Creating fake financial documents to qualify for financing
Participating in mortgage or business loan fraud
Check-kiting schemes that artificially inflate account balances
Working with others to deceive a financial institution for financial gain
Not every banking mistake is a crime. Federal prosecutors must show that the person acted knowingly and intended to deceive the financial institution.
Does intent matter?
Intent is one of the most important issues in a federal bank fraud case. For example, an honest accounting error or accidental omission on a financial document is not automatically bank fraud.
On the other hand, intentionally providing false income information to secure a loan or hiding significant financial facts to obtain approval could support criminal charges if prosecutors believe there was a deliberate effort to mislead the bank.
If you believe you are under investigation or have already been charged with federal bank fraud, seeking legal guidance as early as possible can help to protect your rights.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What should you know if your loved one is arrested in Florida?]]>https://www.browardcriminallawyer.com/?p=477702026-07-27T14:01:12Z2026-07-27T14:01:12ZBail is a financial guarantee that a person will appear for their court dates and comply with the conditions set by the court after being released. This isn’t a final decision about whether the person is innocent or guilty. It’s sometimes possible to be released without having to pay anything, which is known as being released on their own recognizance. Some people may not be eligible for bail at all.
How is bail decided?
The court will consider several factors when determining a bail amount. They may include the type of charge, any prior failure to appear charges, criminal history or ties to the community. Public safety concerns are also a factor when bail is set. Typically, more serious charges or violent charges will have higher bails or no bail at all.
What conditions might be set at release?
Bail often comes with conditions, such as no contact orders, firearm restrictions or travel restrictions. These are set by the court, and they aren’t negotiable. Violating conditions of release can lead to new charges, bail revocation or stricter supervision. This can happen even if the original case has not yet been resolved.
Getting out of jail is only one consideration after someone is arrested. Learning about defense options and potential outcomes is a necessary next step. Thankfully, seeking personalized legal guidance is always an option.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[How actions during an investigation could result in more charges]]>https://www.browardcriminallawyer.com/?p=477612026-07-12T02:53:39Z2026-07-12T02:53:39ZTampering with evidence
Destroying evidence, throwing it away or even just altering it could lead to a charge of tampering with evidence. For the charge to stand, the prosecution would need to prove that you knew about the investigation or even just that there could be one. They’d also need to show that your actions were intended to conceal or deceive, and that what you tampered with counts as evidence.
Prosecutors may interpret these things differently from you, so it’s best not to put yourself in a situation where such a charge could be possible. This could include altering a spreadsheet, incinerating a piece of clothing, shredding a document or cleaning your fingerprints from a weapon.
Resisting arrest
You probably don’t want to be arrested, but that does not mean you can try to prevent the police from arresting you. You can face charges for fleeing from them or failing to stop when they tell you to, as well as perhaps more serious charges if you use physical force to try to stop them.
Going quietly is best, as you certainly don’t want to be in a situation where an officer uses a weapon on you or one where you are endangering yourself and others, such as a car chase. The best thing in the face of a potential or actual criminal investigation is to seek legal guidance to protect your rights and determine how best to proceed.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[When are repeat Florida DUIs charged as felonies?]]>https://www.browardcriminallawyer.com/?p=477602026-07-15T09:59:28Z2026-06-23T00:37:42ZWhen new charges occur quickly
The amount of time between criminal charges directly influences the charges brought in the subsequent DUI case. For those accused of a third DUI offense within 10 years of their second conviction, the state can pursue a third-degree felony charge.
Drivers may have served their sentence and gotten their license back years ago, but they can be at risk of felony charges for another DUI arrest. The record of the offense is more serious, and the penalties the courts may impose also increase.
When drivers have three prior convictions
Regardless of how much time passes between DUI charges, fourth and subsequent DUI offenses are always felony offenses. Even if it has been 15 years or longer since a person's last arrest, three or more prior convictions are enough to warrant felony charges without any other aggravating factors.
Anyone accused of a DUI, but especially those facing felony DUI charges, may require the help of a criminal defense attorney. Discussing one’s case with a lawyer can help those accused of impaired driving understand their charges and potential responses.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Can you share prescription medications in Florida?]]>https://www.browardcriminallawyer.com/?p=477592026-06-15T16:58:36Z2026-06-15T16:58:36ZPrescription medications can only be dispensed in very limited ways in Florida. Most people will get a prescription from a doctor and pick the medication up at a pharmacy. Some prescription medications or controlled substances can also be given out in a medical setting, such as when a patient needs them during surgery in a hospital.
As such, it is clear that you cannot sell prescription medications to someone else, as that would be a violation of the law. But what if you just want to share them? Maybe you have leftover pills that you got with a valid prescription, and one of your family members or friends would like to use them because they believe they will be helpful due to the medical issues they are having. Can you legally give the leftover pills to that individual, as long as you do not take financial compensation for doing so?
Sharing is also illegal
The short answer is no, you cannot share prescription medications any more than you can sell them. You are not even allowed to possess them with the intent to dispense or deliver them to another individual.The problem here is that controlled substances are only authorized for use by the person who has the prescription. So it is legal for you to use them, but as soon as you give them to another person, that person is violating the law by possessing or using the substances without a prescription. You have also violated the law by transferring those substances into their possession.People sometimes have good intentions and just want to help someone they care about, but they find themselves accidentally violating these laws and facing serious drug charges. If you are in this position, you must understand exactly what defense options you have to best participate in your own case and protect your future.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[3 ways the police can legally obtain digital evidence]]>https://www.browardcriminallawyer.com/?p=477512026-05-29T08:55:21Z2026-05-29T08:55:21ZThere are many different types of digital evidence that can be used in modern criminal cases. This could include text messages, call logs, pictures, videos, location data and even a person’s search history.
To search for these types of evidence, the police often want to look on a person’s phone. Below are three ways that they can do this legally.
Asking for consent
The first step that many police officers will take is simply to ask a person to unlock their phone so that they can conduct a search. If you are being arrested, remember that you do not have to give consent. A police officer cannot force you to unlock your phone for them to carry out a search.
Getting a search warrant
If you do refuse, however, the police may then move forward with a search warrant. They have to demonstrate that there is probable cause to search your device, and the warrant can then be authorized by a judge. They no longer need your consent.
By asking a third party
Finally, remember that not all of your data is as private as you may assume. Pictures and videos could be backed up on the cloud. Certain types of information may have been shared on social media. For instance, there was a case where investigators wanted to see the records of direct messages sent between two individuals, so they asked Facebook for those messages, which the company turned over.If the police do not conduct a search legally, it may mean that they cannot use the evidence that they have gathered in your court case. That is why it is important to know how these searches work and what legal defense options you have.
]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Is wire fraud a state or federal crime?]]>https://www.browardcriminallawyer.com/?p=477422026-05-18T19:31:49Z2026-05-18T19:31:49ZMany white-collar crime investigations begin with ordinary electronic communications. Emails, online transfers, text messages and phone calls may later become evidence when federal prosecutors believe someone used those communications to support a fraudulent financial scheme.
Because electronic communications regularly move across state lines, wire fraud cases are often prosecuted at the federal level. Even business disputes or financial transactions that appear local at first can quickly draw attention from federal investigators.
Penalties for wire fraud as a federal crime
Federal wire fraud charges can carry severe penalties. Prosecutors often pursue these cases aggressively because electronic communications play such a major role in interstate commerce and modern financial activity.Potential penalties may include:
Large financial fines: Individuals convicted of federal wire fraud may face fines of up to $250,000. Organizations may face fines reaching $500,000 depending on the allegations and financial losses involved.
Long prison sentences: A federal wire fraud conviction may result in prison sentences of up to 20 years. Cases involving financial institutions or federally declared disasters may carry penalties of up to 30 years in prison and fines reaching $1 million.
Separate penalties for each communication: Federal prosecutors may treat each email, phone call or electronic transaction tied to the alleged scheme as a separate criminal count. This can greatly increase possible sentencing exposure in larger investigations. For example, several emails connected to one alleged fraud scheme could potentially result in several separate wire fraud charges.
Extensive federal investigations: Wire fraud investigations are commonly handled by agencies such as the FBI and may involve subpoenas, financial records and a detailed review of electronic communications. Investigators may spend months reviewing business activity before criminal charges are formally filed.
Federal fraud cases often involve complicated financial records and thousands of communications spread across multiple devices and accounts. As a result, these white-collar crime investigations can expand quickly once prosecutors begin reviewing transactions and correspondence in detail. Seeking legal guidance early may help individuals better understand the scope of the investigation, protect important records and avoid mistakes when responding to federal investigators.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[How drug conspiracy charges differ from possession or trafficking]]>https://www.browardcriminallawyer.com/?p=477382026-05-05T12:21:35Z2026-05-05T12:21:35ZIf you’ve been charged with a drug-related offense in Florida, the terminology alone can feel overwhelming. Possession, trafficking and drug conspiracy charges may sound similar, but legally, they carry very different meanings and consequences. Understanding how these charges differ is crucial to protecting your rights and building a strong defense.
Drug possession is perhaps the most straightforward charge. It means law enforcement alleges you knowingly had control over an illegal substance. This can be actual possession (on your person) or constructive possession (found in a place you control, like your car or home).Trafficking steps it up further, requiring larger quantities. Once a controlled substance crosses a statutory weight threshold, the law may treat it as trafficking, even if there’s no evidence you sold it, shared it or planned to distribute it.
Understanding drug conspiracy
A drug conspiracy charge is less about catching someone in the act and more about proving an unlawful agreement to commit a drug offense. Prosecutors don’t need physical evidence of drugs in your hands or a transaction on tape. All they need to show is that you knowingly agreed with one or more people to break the law. To build its case, the prosecution can use phone records, witness testimony, text messages or even your association with co-defendants. This makes conspiracy charges uniquely dangerous. You could be implicated based on circumstantial evidence or even what someone else said about you.
What this means for you
There’s a lot at stake when facing any kind of drug charges in Florida, from potential jail time and fines to a permanent criminal record that can follow you for years. If you’re in this position, the most important thing to understand is that these cases are rarely as straightforward as they first appear. Prosecutors may present a narrative that feels complete on paper, but it doesn’t necessarily mean they have a watertight case against you. Seeking early legal intervention can help you understand the charges against you in full context, identify possible defenses and prevent critical mistakes that could weaken your position.
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