Posted on September 17, 2019 in DUI

DUI's below the legal drinking age of 21 can have serious if not life-changing consequences for the person accused.

This is due to Florida's Zero Tolerance policy which puts the legal blood alcohol level at 0.02% for under-aged drinkers caught behind the wheel.

It's therefore vital to contact a Miami DUI lawyer as soon as possible, ensuring that every avenue of attack is available before going to trial.

Administrative suspension: The 10-day Rule
Directly after arrest for such an offense, the officer will take the young person's license away and replace it with a temporary driving permit which allows them to drive for 10 days. This provides a window period for a DUI law firm in Miami to fight administrative suspension.

Although parents may be shocked at their children's conduct and even welcome suspension, the life-long repercussions of administrative suspension make this approach inadvisable. Instead, to avoid collateral costs such as a dramatically increased insurance premiums among others, it is usually best for parents make use of a skilled DUI lawyer in Miami to challenge the ruling.

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 Posted on September 17, 2019 in Drug Crimes

Oxycodone (OxyContin) is an opioid pain medication and a schedule 2 drug in Florida. This means it is considered as having a high potential for abuse and is subject to severe restrictions in medical treatment.

It is therefore also illegal to be in possession of Oxycodone without a valid prescription and it is a third-degree felony to be found in possession of less than four grams. If you have been found in possession of this medication, then you should seek advice from a drug possession lawyer who can help you to better understand the charges and mount a defense to avoid severe penalties.

It is also important to understand some of the other potential penalties associated with possession and trafficking in Oxycodone.

The Trafficking Threshold

While being in possession of under four grams of Oxycodone is considered a third-degree felony, possession of 4 grams or more is considered a trafficking charge. This is very important to understand, as 4 grams can be found in a few pills because the weight limit is based on the weight of the pill – not the dosage of the active ingredient. If you are in possession of 10 pills that contain less than 4 grams of Oxycodone, you can still face trafficking charges due to the combined weight of the pills themselves.

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 Posted on September 17, 2019 in Drug Crimes

Marijuana is legal in much of the United States right now, but it is not legal in all of the US by any means, and many people are still being charged with the possession, selling, growing, and trafficking of marijuana in states such as Florida. If this has happened to you, there is the potential of a heavy fine, jail time, or a combination of the two. If you have been charged with marijuana-related offenses in Florida, you need to set up a consultation with a Miami marijuana lawyer who can advise you on your next viable steps. Contact drug crime lawyer today.

Medical Marijuana in Florida

You might think that marijuana is legal in Florida already, but this is a common misconception, and it could get you into a fair amount of legal trouble. Marijuana is only legal for medical use in Florida, which requires a recommendation from a doctor. In legal terms, this means that you will find yourself in trouble if you are carrying marijuana in Florida without a recommendation for medical marijuana or if you are carrying more than the amount legally allowed by your recommendation. And having a recommendation doesn't mean you can carry just any marijuana, it has to be marijuana provided to you by your dispensary.

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 Posted on September 17, 2019 in DUI

Florida's zero-tolerance approach to DUI makes it a charge that can have serious consequences; even a first-time offense can carry a fine of up to $1,200, 6 months of jail-time and a license suspension of 12 months.

These strict penalties mean that drivers should be tactful when stopped by police. Becoming agitated will only worsen the situation. Here are a few tips for avoiding an unnecessary run-in with law enforcement.

Tip 1. Keep your vehicle in top condition

By maintaining your vehicle in a road-worthy state, you'll eliminate the need for officers to pull you over in the first place.

Tip 2. Never back away from checkpoints

Although tempting for many drunk drivers, executing a U-turn can land you in hot water. Rousing the suspicion of police officers by encouraging your friends to do the same is inadvisable.

Tip 3. Breath mints don't always mask the alcohol

If you're sweating, Tic-Tacs won't prevent alcohol fumes from seeping out of your pores. Police officers are actually more suspicious if they can see you quickly popping a piece of gum into your mouth.

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 Posted on September 17, 2019 in White Collar Crimes

Fraud is defined as being wrongfully or criminally deceptive for personal or financial gain. Both individuals and businesses can be accused of committing fraudulent activities. For example, a company might be accused of promising to provide a service for a fee but then failing to or having no intention to meet the promise in the first place. Another example would be someone stealing the identity of another person to empty their bank accounts or apply for credit cards in their name.

There are several forms of financial fraud. Some of the most common types of financial fraud include:

• Accounting fraud
• Embezzlement
• Identify theft
• Mortgage fraud
• Credit card fraud
• Insurance fraud
• Bankruptcy fraud
• Telemarketing fraud
• Billing fraud

Prosecuting agencies treat fraud cases very seriously because fraudulent activities can impact private parties, large organizations, and even the government. People accused of fraud do not fit a particular description; they can come from any background, can be any age, and can have any level of education and professional experience. They can be well educated and serve as the CEOs of well-known organizations, or they can have no education or professional reputation. What these defendants do have in common is that they are forced to defend their actions or risk having their personal lives affected due to these allegations.

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 Posted on September 17, 2019 in Criminal Defense

Acceptance of Responsibility in Federal Court

Not many people know about the Acceptance of Responsibility point reduction, a benefit granted under the federal court system that can reduce a defendant's criminal sentence. To reap the maximum benefits it provides, it is imperative to seek the counsel of an experienced federal criminal defense lawyer in Miami. Only with the representation of a federal lawyer in Miami will you be assured to receive the most successful defense strategy, one that maximizes the benefits associated with federal courts.

Federal criminal defense law necessitates the highest level of knowledge and experience. One area of criminal law in which our federal lawyer in Miami specializes is acceptance of responsibility pleas.

Guidelines Governing Federal Sentences

Those who are convicted of federal crimes are required to serve terms of incarceration that are governed by guidelines set forth by federal sentencing rules. Different federal crimes have different levels of severity, and each is punishable by unique sentencing requirements. Typically, these requirements are extensive, including hefty fines and lengthy prison sentences.

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 Posted on September 17, 2019 in DUI

If you have been charged with driving under the influence (DUI), you already know you potentially face severe consequences when the case goes to court. In addition to the immediate consequences, if convicted, you face a mark on your permanent record that will follow you around. While many DUI cases are first offense misdemeanors, they can rise to the level of felonies under certain conditions in the state of Florida.

You will need sound legal advice if you have been charged with a DUI, as well as a lawyer who will ensure your case gets excellent representation in court. Stroleny Law: Criminal Defense Attorney has an experienced Miami DUI attorney who can assess the individual merits of your case and advise you on how to best defend your case in court.

First DUI Offense

The penalties of a first-time misdemeanor DUI offense are far less severe than the penalties of a felony DUI. If your DUI is considered a misdemeanor, then it's likely that the focus of any sentence will be on rehabilitation, though the penalties are still considered inconvenient by many.

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 Posted on September 17, 2019 in DUI

Being stopped by law enforcement officers at a DUI roadblock is an intimidating and uncomfortable experience if you don't know what to expect. How you act and speak at a stop can make or break the officer's decision to pursue further investigation.

If stopped by police at a DUI roadblock, maintain control of your emotions before and during the interaction with law enforcement officers. Speak only when spoken to, keep your answers short, and, above all, be polite.

Pay close attention to everything said by the officers and avoid submitting to any field sobriety tests. Never display aggressive or irritating behavior, as it is guaranteed to annoy the officers and increase your chances of arrest for DUI.

DUI charges are best met with a skilled Miami DUI lawyer to represent you in court. Your lawyer will prepare your defense and examine the circumstances surrounding your arrest to defend your case. With the right lawyer, it is possible to beat a DUI charge if there was improper procedure or testing during the arrest.

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 Posted on September 17, 2019 in Domestic Violence

Domestic violence is a serious accusation, and if you've been arrested for or charged with domestic violence or battery, the first thing you will want to do is learn what comes next.

The experience can change your life and can lead to a permanent mark on your criminal record-it can have further repercussions, such as social alienation or job loss.

Stroleny Law: Criminal Defense Attorney has represented many clients who have been accused of domestic violence. We hold true to our pledge to fight your allegations and to ensure you get representation from a top domestic violence attorney in Miami. Our criminal attorney has dealt with many cases just like yours before and has the credentials to handle your case.

Here's what you should know if you have been involved in a domestic violence arrest.

Facing Criminal Charges for Domestic Violence

Because domestic violence charges are taken seriously by the State Attorney's Office, you will likely be facing criminal charges of domestic violence or battery if you have been arrested for either. Once you've been arrested, a criminal record is created in your name. The only way to erase this criminal record is to have your record sealed or expunged after your case is closed.

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 Posted on July 29, 2019 in Criminal Defense

Florida lawmakers have fast-tracked a controversial bill that takes authority from the people and consolidates it to the state legislature. This is troubling news for any proponent of a citizen referendum, but especially those seeking the legal right to use marijuana for recreational and medicinal purposes. As you will see, the bill could have a disproportionate effect on marijuana rights throughout the state.

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.

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