Posted on October 02, 2019 in Drug Crimes

Even though Florida law has allowed for the use of medical marijuana for several years now, the law is still in a constant state of change. This can lead to uneven enforcement of Florida marijuana laws, questionable convictions, and even confusion about the simple question of what is allowed. Recently, Florida law has authorized the use of medical marijuana in smokable forms. While this further expands medical marijuana rights for Florida patients, it has created yet another area of potential confusion in marijuana convictions.

Cannabis law in Florida is new, developing, and unsettled. This leads to complicated situations and questionable actions by law enforcement. If you have been accused of a marijuana offense, it is critical to hire an attorney who thoroughly understands the nuances of Florida's developing marijuana laws. New and complicated legal matters require the attention of an experienced criminal defense attorney. At Stroleny Law: Criminal Defense Attorney, our experienced Miami marijuana lawyer can protect your constitutional rights and help prevent wrongful convictions. Call 305-615-1285 for a free phone consultation as soon as possible.

Continue Reading ››

 Posted on September 24, 2019 in Sex Crimes

Criminal Defense Lawyers in Miami Representing the Rights of Individuals Accused of Crimes Related to Child Pornography

Sexual offenses involving minors are some of the most severely punished crimes in American society. With the rise of the internet, child pornography has become more readily accessible and transmittable. This means that there are far more potential defendants who could face decades in prison as the result of creating, sending, receiving, or facilitating the sharing of online child pornography. They also face sex offender registration, fines, mandatory counseling, and other lifelong consequences. This is why it is so important for defendants facing child pornography charges or other computer crimes to be represented by an experienced criminal attorney who understands how to handle sex crimes cases.

At Stroleny Law: Criminal Defense Attorney, Julian Stroleny is an experienced Miami criminal defense attorney who has handled sex crimes cases across Florida. He knows how to protect a suspect's rights during both investigation and formal case proceedings in criminal court. Call 305-615-1285 today to schedule your free phone consultation. The sooner you have an aggressive attorney fighting for you, the better protected your legal rights will be.

Continue Reading ››

 Posted on September 23, 2019 in Drug Crimes

Individuals in Miami-Dade County who are charged with possession of less than 20 grams of marijuana/cannabis can end up facing serious penalties, including imprisonment, fines, probation, the loss of a driver's license, and many others that make it difficult to pursue educational and career goals. Fortunately, there are a number of defenses that a criminal lawyer in Miami can raise in response to a charge of possession of marijuana.

What Constitutes Possession of Marijuana?

In accordance with Florida law, possession of marijuana involves a person who has ownership, management, or control of the substance.

Possession of marijuana can be one of two types:

• Actual possession

Actual possession refers to when cannabis is found on a person's physical body, in a container on a person's physical body, or is within "ready reach" of a person and is under that individual's control.

• Constructive possession

Continue Reading ››

 Posted on September 22, 2019 in Criminal Defense

One of the services a Miami criminal defense lawyer is often contacted about is an Arthur hearing, otherwise known as a bond hearing for non-bondable charges. A bond is a guarantee that a person will show up for trial, secured with some sort of item of monetary value or money itself. Bail and bond are terms that are interchangeable in Miami. Generally, someone goes to a bondsman and puts up a certain percentage of the bond amount while the bail bondsman puts up the rest. There may be additional requirements from the bond agent such as paperwork and cosigners to guarantee appearance at trial. The bond is then posted, and the person is released from jail until their criminal trial. Receiving legal assistance for criminal charges in Miami is strongly recommended to be able to get out on bond.

Normally, bonds range between $500 and $1,500 for misdemeanor offenses, which include things like trespassing, DUI, or battery. Bonds will usually range between $5,000 and $100,000 for felony offenses but can be much more. The actual amount depends upon the number of charges, the degree of the charges, and the defendant's priors. But there are some crimes for which a person may not be eligible for a bond automatically. These are known as capital felonies, and they are serious felonies that can carry decades or life sentences in prison, making the court extremely wary about offering bail as an option.

Continue Reading ››

 Posted on September 21, 2019 in Criminal Defense

Arson is a crime generally understood by the public to encompass the unlawful destruction of property by the use of fire or an explosion. An allegation of arson is a serious one and should not be taken lightly by any defendant. If you have been charged with arson it is important to quickly retain a criminal defense lawyer and begin defending such an accusation. The State of Florida has many laws punishing conduct for the various arson crimes. The most common arson crimes charged in Miami Dade County are:

Arson – First Degree Fla. Stat. § 806.01(1),

Arson – Second Degree Fla. Stat. § 806.01(2), and

Arson – By Fire Bomb Fla. Stat. § 806.111.

If found guilty of first degree arson, a defendant can face up to thirty years in prison even if nobody is injured as a result of the fire. Arson charges are no laughing matter and should be taken seriously by a defendant. On top of long prison sentences, hefty monetary fines and restitution can also be required of a defendant found guilty by the Court.

Continue Reading ››

 Posted on September 20, 2019 in White Collar Crimes

Pyramid schemes in Miami, FL have significantly increased in the past several years, and therefore, it is considered a serious charge that requires aggressive representation by an experienced Miami criminal defense lawyer. A pyramid scheme conviction can have a significant impact on the defendant's reputation, life-style, and on his or her ability to obtain a future employment. Fortunately, there may be several defenses available to the defendant that could excuse him or her from a conviction. Although every case is unique in its own set of facts, it is important to seek an experienced criminal lawyer who could appropriately advice you to the defense(s) that best fit your case. If you or your business is being accused of allegedly running a pyramid club or a pyramid sales scheme it is important to seek the advice of an experienced criminal defense lawyer attorney to inform you of your rights and make sure you understand all aspects of the complex legal process. At Stroleny Law: Criminal Defense Attorney we represent clients charged with operating a pyramid scheme, and will work hard to effectively contest allegations of affiliation or operation of a pyramid scheme.

Continue Reading ››

 Posted on September 19, 2019 in DUI

If you've been arrested on DUI charges recently, you may have considered asking a Miami Criminal Lawyer any number of questions. One of these might be, "When is driving under the influence a felony?" If your circumstances have involved any one of the following, it's an important question:

• You have prior convictions of DUI on your record.
• While under the influence, you caused an accident and the accident caused serious injury or death to others.

If one or more of these apply to you, it's natural to ask such questions.

The answer depends on many factors. It might put your mind at ease to know that most, though not all, of the DUI charges in Miami are misdemeanors. Our experienced criminal defense attorney in Miami has dealt with hundreds of DUIs. But let's take a look at a misdemeanor DUI example before we discuss the question of DUI felonies.

If, in an accident, a driver causes personal injury or damage to property, the offender will be charged a first degree misdemeanor, and can be punished by up to one year in jail and a maximum fine of $1,000. In this situation an aggressive Miami DUI Lawyer works to drastically reduce the penalties.

Continue Reading ››

 Posted on September 19, 2019 in Drug Crimes

Synthetic drugs are being created all the time and for this reason it is difficult for law enforcement officers to keep up with the different variations of drugs that are available. However, a law was passed recently that will apply to the different synthetic drugs that are now on the market, and it could even cover some of the drugs that are not even available yet. If you have been arrested for synthetic drugs, contact a Criminal Attorney in Miami immediately.

What are Synthetic Drugs?

In the state of Florida there are several synthetic drugs that have gained in popularity over the past few years. Some of these synthetic drugs include Spice, Flakka, K2, and bath salts. There are several others that are currently gaining in popularity as well.

Typically a state will outlaw a specific type of synthetic drug and then the dealers will alter the formula for the drug in order to get around the laws. This also means that the laws do not apply to the newer synthetic drugs that come onto the market. It is for this reason that a new law to address the new drugs that are created went into effect. This new law is a catchall law in order to cover synthetic drugs as a whole.

Continue Reading ››

 Posted on September 17, 2019 in Domestic Violence

The definition for domestic violence battery in Florida is 'the touching or striking of a family member, household member or domestic partner against their will'.

This subject is highly politically charged throughout the State and prosecution is often aggressive and handled by specialist prosecutors. If you find yourself on the receiving end of these charges, it is important that you defend yourself with the help of a domestic violence attorney in Miami.

It is particularly important to use a Miami criminal attorney in this case in fact, as any plea could subject the defendant to jail time, a permanent criminal record, deportation for immigrants, mandatory counseling and ineligibility for sealing or expungement in some cases.

Understand the Penalties

Those prosecuted for misdemeanor Domestic Violence Battery will face up to one year of jail or probation and $1,000 in fines.

As well as the statutory penalties for first degree misdemeanors, conviction can also result in collateral consequences, including:

Continue Reading ››

 Posted on September 17, 2019 in Drug Crimes

Over the last 25 years, state legislation has been increasing legal measures to address the ongoing war on drugs. Both Federal law and State statutes require a minimum mandatory sentence for high level drug crime charges. Drug crimes are usually considered serious felonies and the government does not hesitate to convict drug offenders. This is to keep drug crime off the streets and keep offenders in prison.

However, Florida's Judicial Circuit offers drug offenders the opportunity to avoid prosecution and seek treatment. The Drug Court Program is a treatment program for individuals who have substance abuse problems. This redirects them from prosecution, avoiding jail time and possibly keeping a felony conviction off their record as well.

So, How Do You Get In?

Drug Courts operate by county. If you are considering enrolling in your local Drug Court program, consult a criminal defense attorney in Miami to evaluate your eligibility. As simple as it sounds, getting into the Drug Court Program isn't exactly easy. And it is not only difficult to enter, some face complications while they are completing the program.

Continue Reading ››