Everyone uses a phone or computer to communicate, but texting, emailing or using a cell phone in connection with a crime is itself illegal. So if you’ve been arrested in Florida for nearly any serious offense, in addition to the charges for the primary crime, you may find yourself charged with Unlawful Use of a Two-Way Communications Device. That’s because under Florida Statute 934.215, “using a two-way communications device in furtherance of the commission of any felony” is itself a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Generally, the statute is used in cases such as drug trafficking, prostitution or soliciting sex with minors, but prosecutors can add the charge to nearly any offense. It’s not uncommon in cases of murder or kidnapping.
There are a number of ways to defend against these charges, including double jeopardy, meaning that the communication is not separate from the primary crime being charged. As with any case, a criminal defense attorney can make pretrial motions to have certain evidence suppressed (if the police violated procedure) and make motions to dismiss the case altogether if the prosecution has a weak case. If the case goes to court, your lawyer may present mitigating evidence, argue that your act was not intentional, or use other appropriate measures or tactics in your defense.
It’s important to contact an experienced criminal defense attorney if you are charged with any crime.Call 407-349-4211 to speak with a skilled and aggressive Orlando Communications Crimes Defense Attorney at Rivas Law.