Posted on February 09, 2019 in Criminal Defense

A statute of limitation is an important legal rule that determines the time frame in which a legal action may be filed after a given event. There are important reasons why limitations must be applied to legal claims: evidence is lost, destroyed, or decayed to the point where it is no longer helpful. Witnesses have memories that become less accurate over time. Defendants have the right to present fresh evidence and persuasive witnesses to defend legal claims made against them.

In general, more serious crimes have longer statutes of limitations. But now one Florida lawmaker wants to abolish the statute of limitation entirely for charges of sexual battery. While there are arguments for victims' rights, there are also arguments for the Constitutional rights of criminal defendants. If you or a loved one are facing charges of sexual battery, contact the experienced Miami assault attorney at Stroleny Law: Criminal Defense Attorney as soon as possible. Call 305-615-1285 for a free phone consultation.

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 Posted on February 06, 2019 in Expungement

Some people mistakenly assume that all juvenile criminal records will be automatically expunged (legally erased) when the juvenile turns eighteen years old. This is not the case. Florida law does allow for expungement of juvenile criminal records in certain cases, but in many cases, the person with the criminal record must initiate the process him- or herself. He or she will also have to prove his or eligibility for expungement under the appropriate statute. Because of this, it is important to have the advice of an experienced Miami criminal defense attorney when applying for the expungement of juvenile criminal records.

At Stroleny Law: Criminal Defense Attorney, our attorney has worked extensively in Miami's juvenile courts. We know how to prepare clients to apply for expungement and how to present the case to a judge in a way that will maximize the chances that an expungement will be granted. To schedule a free case evaluation with a Miami expungement attorney, call our office today at 305-615-1285 .

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 Posted on February 03, 2019 in Criminal Defense

Thanks to popular television shows and movies, there are many misconceptions about what an assault actually is. Many people imagine that there must be aggressive physical contact in order for the perpetrator to be convicted of an assault. This is not the case. While a battery requires touching, striking or physical harm to the victim, an assault is completed merely by threatening violence upon another person. Nonetheless, assault can result in significant legal penalties, and the collateral consequences of an assault conviction can have a negative impact on your life for years to come.

If you or a loved one is facing an assault charge, it is important to seek the advice of an experienced Miami criminal defense attorney. The skilled attorney at Stroleny Law: Criminal Defense Attorney has extensive experience in defending all types of assault cases. Call 305-615-1285 for a free phone consultation.

The Legal Definition of Assault

Section 784.011 of the Florida Statutes defines assault as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. This means that an assault can be committed without ever making contact with another person. It also means that hostile words or actions can be interpreted by a judge or jury as a threat - even if the defendant did not intend them to be so. This is why it is so important to remove yourself from hostile situations (such as road rage incidents or bar fights) before they escalate. Defendants can easily commit assault in such situations without meaning to do so.

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 Posted on February 02, 2019 in Domestic Violence

False accusations of domestic violence are, unfortunately, too common in the family courts of Miami. In the most serious cases, these accusations can be grounds for denying a parent legal custody of - or even visitation with - their children. Family court judges often rely on a jury's findings of domestic violence in making custody rulings. This is why it is so important that parents accused of domestic violence seek the advice of an experienced Miami criminal defense attorney. A domestic violence conviction can impact a parent's legal rights for years to come.

If you or a loved one has been accused of domestic violence, it is important to consult with an experienced criminal defense attorney before entering into any plea agreement or standing trial on the charges. Both of these actions can impact subsequent child custody litigation. Call Stroleny Law: Criminal Defense Attorney at 305-615-1285 for a free phone consultation. Our experienced Miami domestic violence attorney will help protect your legal rights throughout the criminal court process.

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 Posted on January 28, 2019 in Criminal Defense

As 2019 begins, it is important for all of us to take stock of our goals for the coming year. For many Floridians with old criminal convictions, 2019 can be an opportunity to restore civil rights and move forward with their law-abiding lives. Consult with the experienced criminal defense lawyer at Stroleny Law: Criminal Defense Attorney today to learn about the benefits of the restoration of voting and gun ownership rights.

Amendment 4

One of the most important changes Florida criminal defendants have encountered in recent years occurred in November 2018. With the passage of Amendment 4, most Florida felons now have the right to have their voting rights restored upon completion of all terms of a sentence, including parole or probation. The new law only excludes those defendants convicted of murder or felony sex crimes. This could create monumental shifts in Florida elections. According to WLRN, more than a million felons in Florida are eligible to have their voting rights restored, which would increase Florida's voting population by ten percent. On an individual level, the right to vote is an important civil liberty that allows all citizens to have a say in government. Restoring voting rights to felons in Florida is an important step toward equal representation in statewide elections.

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 Posted on January 24, 2019 in DUI

Miami DUI defense attorneys are warning revelers at the "Big Orange Drop" this New Year's Eve that law enforcement agencies will be extra-staffed over the holiday and on high alert for impaired drivers throughout Southeast Florida.

Miami CBS Local reports that in Miami and numerous surrounding communities, police patrols will be out in full force with "Operation Safe Holidays," complete with high concentrations of officers as well as numerous DUI checkpoints, with help from the Florida Highway Patrol. Citing federal data, Miami CBS reports holiday drunk driving deaths are up 35 percent.

The Miami DUI defense lawyer at Stroleny Law: Criminal Defense Attorney, of course, encourages everyone to prioritize their safety amid the celebration by designating a sober driver, getting an Uber (the company is offering New Year's Eve and New Year's Day 25 percent discounts) or simply staying in with friends or family. However, if you do choose to join the festivities – and are arrested for DUI in Miami-Dade or any nearby counties – there are some important things you should know to preserve your rights.

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 Posted on January 15, 2019 in Criminal Defense

Florida's "stand your ground" defense has received much attention in recent years due to high-profile shooting cases. This controversial law allows Floridians to "meet force with force - including deadly force." The 2012 shooting of Trayvon Martin, in particular, raised serious criticisms of Florida's "stand your ground" law. The Washington Post reports that Martin's shooter, George Zimmerman, claimed self-defense. He was ultimately acquitted of both murder and manslaughter by a Florida jury in 2013.

With so much media attention, it is inevitable that there will be misinformation and confusion about the operation of the "stand your ground" defense. In the material below, the experienced defense lawyer at Stroleny Law: Criminal Defense Attorney explains how this defense works. If you or a loved one is facing any type of firearms charges, it is important to seek legal advice as soon as possible. Call 305-615-1285 today to schedule a consultation with our highly skilled Miami criminal defense attorney.

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 Posted on January 14, 2019 in Criminal Defense

Like many other states, Florida has established legal rights for the victims of crimes. These rights are an important part of the criminal justice process for victims, who otherwise have no legal standing to participate or be heard in the court proceedings against the defendants who harm them. It is important that these rights be defended by an attorney who is skilled in the criminal justice system.

While it may seem counterintuitive, criminal defense attorneys are in a good position to defend crime victims' rights during a criminal prosecution. Remember that prosecutors represent the state, and thus cannot also represent the victim. Victims have the right to hire a criminal defense attorney to protect their legal rights as a crime victim. An experienced criminal defense attorney will know exactly what defenses are likely to be raised, and how to protect the victim's rights in the face of such strategies. If you or a loved one has been the victim of a crime, call 305-615-1285 today to schedule a consultation with an experienced Miami victim's rights attorney at Stroleny Law: Criminal Defense Attorney.

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 Posted on January 11, 2019 in Criminal Defense

Like many states, Florida has enacted legal protections for the use of medical marijuana. Unfortunately, these regulations can often be confusing, technical, or arbitrary. State law also conflicts with federal law, which still bans all marijuana use for any purpose. Because of this, many medical marijuana patients can be threatened with convictions for various offenses related to their use and possession of medical marijuana. An experienced Miami marijuana attorney can help prevent convictions related to medical marijuana.

How Can I Lawfully Use Medical Marijuana in Florida?

The Florida Department of Health maintains an Office of Medical Marijuana Use. The Office maintains a registry of identity cards for medical marijuana users and also provides information about the legal use of medical marijuana. Florida law has a restrictive list of conditions that qualify for medical marijuana use. It can, therefore, be more difficult to obtain a medical marijuana card in Florida than in other states.

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 Posted on December 15, 2018 in Drug Crimes

If you are facing a first-time drug offense, there's a good chance that you're weighing your options regarding retaining a criminal defense lawyer. After all, first-time simple possession cases do not usually result in significant sentences, and hiring an attorney can be an expensive proposition.

It's important to understand, however, that the sentence that the court can impose is only the tip of the iceberg when it comes to long-term consequences of a conviction for a drug offense. There are serious collateral consequences as well, many of which could arise long after your court-imposed sentence has ended. For this reason, it's important to retain a Miami criminal attorney for any drug offense, no matter how minor.

Employment Consequences

Employment background checks have become nearly universal, and many employers are hesitant to hire an applicant with a criminal record – and a criminal record involving drugs can be particularly troubling. Furthermore, don't make the mistake of thinking that you are safe because you already have a job. Florida is an at-will employment state, which means that employers can let you go for any legal reason, including a drug conviction.

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