In today’s digitally connected world, cell phones and other communication devices are central to nearly every aspect of daily life. However, the same tools we rely on for staying in touch with family, conducting business, and accessing information can also become the subject of serious criminal charges. In Florida, the unlawful use of a two-way communication device carries significant penalties and long-lasting legal consequences.
If you or someone you know has been charged with this crime in the Tampa Bay area, understanding what the law says and what your options are is the first step. The Tampa criminal defense attorneys at Buda Law can help. Call (813) 322-2832 or send a message through the contact form on our website to get started.
What is a Two-Way Communication Device?
A two-way communication device is any device that allows a person to both send and receive communications. This broad definition includes cell phones, smartphones, computers, tablets, walkie-talkies, radios, and any other electronic device capable of transmitting and receiving messages, calls, or data. Given how common these devices are in everyday life, it may surprise many people to learn that their use can result in felony criminal charges in Florida.
What is Unlawful Use of a Two-Way Communication Device in Florida?
Under Florida Law, it is a criminal offense to use a two-way device to facilitate or further a felony offense. The statute is broad in its application and is frequently used by prosecutors in cases involving drug transactions, gang-related activity, organized crime, and other serious offenses. The fact that the communication device was merely used as a tool in connection with criminal activity is enough to trigger criminal charges.
Florida Statute Unlawful Use of a Two-Way Communication Device
Florida Statute § 934.215 governs unlawful use of a two-way communication device. The text states that “any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits” the crime of unlawful use of a two-way communication device.
Unlawful Use Of a Two-Way Communication Device Examples
- Two individuals coordinate a robbery via text message, with one party directing the other to a specific location and instructing them on how to carry out the offense — both parties face communication device charges in addition to robbery charges
- A person uses a messaging app to arrange the purchase of a stolen firearm, with law enforcement monitoring the conversation as part of an ongoing sting operation targeting illegal weapons trafficking in the area
- A drug trafficking operation relies on encrypted messaging apps and burner phones to coordinate large-scale distribution across multiple counties — when law enforcement uncovers the network, every participant who used a device to facilitate the operation faces charges
- A person uses social media direct messages to recruit others into a human trafficking scheme, arranging transportation and logistics entirely through electronic communication
- An undercover officer infiltrates an online forum where individuals are coordinating fraudulent financial schemes, gathering digital communication records that lead to unlawful use of a two-way communication device charges against multiple participants
- A person uses their phone to call a co-conspirator and relay instructions during an ongoing burglary, actively furthering the felony in real time through electronic communication
Unlawful Use of a Two-Way Communication Device and Drug Charges
In practice, unlawful use of a two-way device most frequently appears alongside drug-related offenses. Law enforcement officers regularly monitor communications and conduct sting operations in which individuals arrange drug transactions via text message or phone call. When those communications are used as evidence of a drug deal or another felony offense in Florida, prosecutors may add an unlawful use of a two-way communication device charge on top of the underlying offense.
Prosecutors use this strategy to stack charges, increasing the overall severity of the case and creating additional leverage during plea negotiations. If you are facing drug charges, especially if they’ve been stacked with a communication device charge, it is essential to have an experienced drug crime attorney in Tampa who understands how these charges interact and how to defend against both effectively.
Is Unlawful Use of a Two-Way Communication Device a Felony in Florida?
Yes. Under Florida law, unlawful use of a two-way communication device is classified as a third-degree felony and a Level 4 offense under Florida’s Criminal Punishment Code. This is not a minor infraction or a misdemeanor. It is a felony charge that can have serious and lasting consequences on your life. Prosecutors do not hesitate to pursue these charges aggressively, particularly when they are connected to drug offenses or other organized criminal activity.
Penalties for Unlawful Use of a Two-Way Communication Device in Florida
The unlawful use of a two-way device carries severe consequences. As a third-degree felony, a conviction is punishable by:
- Up to five years in state prison
- Up to five years of probation
- Fines of up to $5,000
- A permanent felony conviction on your record
These penalties can be compounded significantly when the charge is filed alongside other felony offenses. Multiple charges stemming from the same incident can result in consecutive sentences, substantially increasing the total potential prison exposure. The financial penalties, probation requirements, and long-term consequences of a felony record make this a charge that demands serious legal attention.
Collateral Consequences of a Felony Conviction
Beyond the immediate legal penalties, a felony conviction for unlawful use of a two-way communication device can affect virtually every area of your life. A permanent criminal record can make it difficult to find employment, secure housing, obtain professional licenses, or qualify for educational opportunities.
Convicted felons in Florida also lose the right to vote and the right to possess firearms. For non-citizens, a felony conviction can trigger immigration consequences, including deportation or denial of citizenship. These wide-ranging collateral consequences underscore why it is so important to fight these charges with the help of a skilled criminal defense attorney.
How Prosecutors Prove the Defendant Used the Device Unlawfully
To secure a conviction under § 934.215, the prosecution must prove beyond a reasonable doubt that the defendant knowingly used a two-way communication device to facilitate or further a felony offense. Prosecutors typically rely on the following types of evidence to establish a defendant’s guilt:
- Text messages and call logs obtained through search warrants or phone extraction
- Recorded calls or messages captured during undercover operations
- Witness testimony from co-defendants, confidential informants, or law enforcement officers
- Cell tower data used to place a defendant at a specific location
- Social media activity and messaging app records
The digital nature of this evidence means that prosecutors can often build a detailed picture of alleged criminal activity. However, that same evidence can be challenged on constitutional and procedural grounds by an experienced criminal defense attorney.
Defenses to Unlawful Use of a Two-Way Communication Device Charges
Depending on the facts of your case, several defenses may be available, guided by established legal principles and supported by relevant case law. Possible defenses include:
- Lack of Knowledge — You were unaware that the communication was being used to further a felony
- No Underlying Felony — If the prosecution cannot prove that a felony was actually being facilitated, the charge cannot stand
- Unlawful Search and Seizure — Evidence obtained without probable cause or in violation of your Fourth Amendment rights may be inadmissible
- Entrapment — If law enforcement induced or pressured you into the communication, an entrapment defense may apply
- Mistaken Identity — In cases relying heavily on digital evidence, it is not always clear who was actually operating a device or account
- Insufficient Evidence — The prosecution may simply lack enough credible evidence to prove every element of the offense beyond a reasonable doubt
Every case is different, and the strength of any particular defense depends on the specific circumstances involved. Your attorney will evaluate your case and determine which strategies offer the best chance of a favorable outcome.
Challenging the Evidence in Communication Device Cases
Evidence obtained through electronic surveillance or phone searches is only admissible if law enforcement followed proper legal procedures. A skilled defense attorney will scrutinize the prosecution’s evidence to determine how it was gathered and whether your constitutional rights were violated.
If police conducted an unlawful search of your phone or obtained communications without a valid warrant, that evidence may be suppressed, meaning it cannot be used against you at trial. Challenging the legality of evidence collection is one of the most powerful tools available in communication device cases.
What to Do if You Are Charged with This Offense
If you have been arrested or charged with unlawful use of a two-way communication device in Florida, the steps you take immediately following your arrest can significantly impact the outcome of your case. Most importantly, do not speak to law enforcement without an attorney present. You’ve heard it before in the movies, and it’s true – anything you say can and will be used against you in court. Even well-intentioned statements can inadvertently strengthen the prosecution’s case. Invoke your right to remain silent, ask for an attorney, and contact a criminal defense lawyer as soon as possible.
Why Early Legal Representation from an Experienced Criminal Defense Attorney is Critical
The earlier you retain legal assistance, the better positioned your attorney will be to protect your rights and fight charges before they gain momentum. Early intervention allows your attorney to preserve important evidence, investigate the circumstances of your arrest, identify potential constitutional violations, and begin building a defense strategy before the prosecution has a chance to solidify its case. In complex cases involving stacked charges, having an experienced criminal defense attorney involved from the outset can significantly improve your chances of achieving a favorable outcome, including, in some cases, a not guilty verdict.
An attorney with specialized knowledge of Florida criminal law and the local court system brings far more to your defense than general legal familiarity. As a former state prosecutor, Andrew Buda brings a thorough understanding of how prosecutors build communication device cases, what evidence they rely on, and where their arguments are most vulnerable.
From the moment of arrest through investigation, charging decisions, pretrial motions, and trial, there are numerous points at which a defendant’s rights can be violated and evidence can be mishandled. An attorney who is involved early can identify these issues before they are overlooked, challenge unlawfully obtained evidence, and hold law enforcement and prosecutors accountable to the standards the law requires.
Facing Charges? Speak With a Tampa Criminal Defense Attorney at Buda Law
If you are facing charges for unlawful use of a two-way communication device in Florida, Andrew Buda and the team at Buda Law are ready to fight for you. Backed by experienced attorneys, the firm understands how the legal process works and how each decision can make a significant difference in the outcome of your criminal case. From the initial investigation through court proceedings, your defense is built with attention to detail and a focus on effective legal defenses tailored to your situation.
Buda Law represents clients throughout Hillsborough and Pinellas Counties, handling cases across every severity level, from misdemeanors to serious felony charges. Whatever your specific case, you do not need to face the Florida criminal justice system alone. Call Buda Law at (813) 322-2832 to schedule a free consultation and take the first step toward building a strong defense.