Recent Blog Posts

Your Rights After an Arrest Explained

 Posted on August 30, 2018 in Criminal Defense

The shock of being placed under arrest by the police can be a confusing experience that you may have to deal with at some point in your life. Law enforcement officers made nearly 11 million arrests in 2017, with only a small percentage of those cases ever reaching a jury trial.

It's important that you hire a Miami criminal defense attorney as soon as possible after an arrest. The closer to the moment after being taken into custody that you can notify your attorney may determine the amount of time you spend in jail before posting bail. Here's what you need to know if you find yourself arrested by the police.

Behave Yourself

Treating police officers with dignity and respect is critical during encounters with law enforcement. Police officers frequently experience the very worst behavior society has to offer. Therefore, they expect to be met with resistance and hostility when they approach you.

If you greet them courteously and comply with their reasonable requests for information, you can expect to be treated with respect as well. If arrested, it's important to note that your behavior at the time of arrest could be brought up in your trial.

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Underage Alcohol Laws in Miami

 Posted on August 10, 2018 in Criminal Defense

In most of the United States-including the state of Florida-the legal drinking age is 21. As such, it is illegal for anyone under the legal drinking age to purchase or consume beverages that contain alcohol. It's also against the law to serve alcohol to minors and for minors to attempt to purchase alcohol with fraudulent identification.

If anyone under the age of 21 is caught buying or consuming alcohol or if someone of legal drinking age is found purchasing alcohol for or serving alcohol to a minor, severe legal consequences can be faced. To protect yourself, your loved ones, or your business, it's important to understand the underage drinking laws in Miami. Below, you will find an overview of these drinking laws, and if you have any questions, we urge you to contact our criminal law firm in Miami.

Unlawfully Purchasing Alcohol

In Florida, it is against the law for anyone under 21 years of age to lie about their age to purchase alcohol. Examples of lying about age include verbally stating you are 21 or older, using someone else's identification, or using fake identification. Those found guilty of violating the law will be charged with a misdemeanor in the second degree and could have to pay a fine of $500 and serve a jail sentence of up to 60 days.

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Get a Second Opinion on Your Criminal Case

 Posted on August 09, 2018 in Criminal Defense

If you are diagnosed with a serious medical condition, it makes sense that you would want to have a second opinion from another doctor to ensure the diagnosis was accurate. After all, your health is one of your most important assets. The same is true if you are charged with a serious crime.

If you have been charged with a serious criminal offense at either the state or the federal level, you risk losing everything: your livelihood, your family, your home, your reputation, and your freedom. Considering the grave consequences that can be associated with a criminal charge, you should consider getting a second opinion from a Miami criminal attorney. Doing so can help protect you and the people you love from devastation.

When to Get a Second Opinion from a Miami Criminal Defense Attorney

Countless people who have already received representation from a private or public defense attorney contact our Miami criminal defense lawyer for a second opinion. They reach out to our firm when they find that the attorney representing them has not done enough to defend their case or when they find they are at risk of being prosecuted to the fullest extent of the law. They rely on our attorney to find alternative options, ones that the lawyers currently defending them may not have investigated.

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Divorces Often Lead to False Domestic Violence Accusations

 Posted on July 17, 2018 in Criminal Defense

Many divorces proceed without a hitch, and the two parties can go their separate ways without serious issues, hopefully even remaining friends. But with the majority of divorces, this is not the case-most divorces turn ugly. And frequently, there are cases where the divorce takes a bad turn and false accusations of domestic violence add fuel to the fire. In these situations, you want an experienced criminal lawyer in Miami who can provide you with the best representation for your case.

Divorce Statistics

Divorces have become an increasingly common part of life, and it's known that an incredible 41% of first marriages end in divorce-and the number is even higher when you look at second marriages: approximately 60% of second marriages end in divorce. Yes, the number goes even higher up when you look at third marriages-you can see how many of these divorces will statistically turn ugly in court.

An Ugly Divorce

A divorce can suddenly turn from bad to worse when false accusations of domestic violence are added to the case. This can affect custody battles that are currently still ongoing and affect the outcome in favor of the other parent, and some know this is a highly powerful bargaining tool when it comes to destroying someone's reputation in front of a court. This can also affect someone on a professional level and ensure that they are fired from their current job-or that they can't find work from then on at all. Once a divorce starts to turn ugly, you need a Miami criminal defense lawyer to take charge of the case on your behalf.

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We Represent Those Fighting With Drug Addiction

 Posted on July 16, 2018 in Criminal Defense

Addictions don't define who we are. And every day, people decide to enter a completely new phase of their life and leave their addictions behind. For some people making this big change, prior legal issues remaining from their old life need to be resolved. These legal issues can have a major impact on their lives in the long-term, including leaving a permanent mark on their criminal records. If you need help with legal issues related to your drug addiction, we represent those fighting with drug addictions. Contact our office for a consultation with our criminal law attorney in Miami and see how we can best help you.

Addiction Statistics

From what we know about drug addiction statistics according to the CDC, at least 10% of people aged twelve and over have had an experience with drugs in the past month – and at least 23.5 million Americans were estimated to be struggling with a combination of drug and alcohol addiction in 2010 as surveyed by DrugFree.org. Drug addiction is a prevalent issue, and a lot of people move on with their lives after addiction – but the legal issues they have encountered often stick. You want to find a drug crime attorney in Miami who can prepare a credible defense on your behalf and ensure that you really are moving forward with every aspect of your life.

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Marijuana Possession in Federal Court

 Posted on July 09, 2018 in Criminal Defense

Marijuana is legal at the state level in many places in the US, for medicinal and recreational use. But there are still cases of people being charged with marijuana possession, sale, cultivation, and trafficking, on the federal level. Often this charge carries additional enhancements, such as trafficking across state lines or cultivation. In less serious cases, people can be charged with possession for minimal amounts, since marijuana is still considered a Schedule I drug. If you have to face charges for marijuana possession in federal court, you want a Miami drug crime lawyer to represent you on your case.

Potential Penalties

If you've been charged with a marijuana crime in federal court, losing your case could carry severe penalties, which include a hefty fine, time in jail – and a permanent criminal record. There are other factors which can impact your sentence for the worse, including:

  • The amount of marijuana in question, and whether it was sold or transported over state borders.

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Resisting Arrest with Violence Attorney in Miami

 Posted on July 02, 2018 in Criminal Defense

A charge of Resisting Arrest with Violence carries severe penalties in the state of Florida. Unlike a misdemeanor charge of resisting arrest without violence, Resisting Arrest with Violence carries heavy fines as a penalty, and you might even be looking at jail time if you are convicted. If this is the position in which you find yourself, you should hire an excellent Miami criminal defense attorney to represent you on your case.

Explaining Resisting Arrest with Violence

If you are placed under arrest by an officer and resist, you will be charged with resisting arrest. But what if you resisted arrest with force or even slight force? Then you might be charged with Resisting Arrest with Violence, which carries much more severe penalties. Resisting Arrest with Violence is considered a third-degree felony offense within the state of Florida, and you could be punished with up to five years in prison, five years' probation, and $5,000 in fines.

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An Overview of Gun Charges in Florida - Miami Criminal Defense Lawyer News

 Posted on June 14, 2018 in Criminal Defense

Miami Criminal Defense Lawyer News: The Second Amendment to the Constitution of the United States guarantees the right to bear arms. Nonetheless, states such as Florida, have introduced legislation to regulate the private possession of firearms.

Violating these laws will result in your arrest by the police and processing through the judicial system. Penalties include forfeiture of the weapon, limitations on future firearms ownership, and even a possible prison sentence. If charged, you'll want to hire a criminal lawyer in Miami, to avoid a conviction and possible jail time. Here is a brief overview of gun charges in Florida.

Possession of a firearm by a convicted felon

It's illegal for convicted felons to possess firearms in the State of Florida. Possession covers two types of firearms arrests. Being caught with the gun on your person is termed actual possession. Construction possession is the term used for firearms found in your home or vehicle.

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Are Body Cameras Helping Defendants or the Prosecution?

 Posted on June 12, 2018 in Criminal Defense

Miami Criminal Attorney News: Many U.S. law enforcement agencies now use body cameras as standard operational equipment. The technology enables police officers to record all of their engagements with the public while on duty. Body cam recordings have both benefits and drawbacks for both the public and police officers. If you are charged with a crime by the police, a Miami criminal defense attorney can recover the video evidence recorded by the body cam. The footage may prove your innocence or your guilt.

Who Benefits from Body Cameras?

Body camera evidence has an impact on verdicts in court proceedings all over the United States. Footage taken by arresting officers helps both prosecutors and defense attorneys in building and presenting their cases.

Video evidence can show officer misconduct during an arrest, thereby benefitting the defendant. Likewise, prosecutors can use the footage to prove their case.

Body Cameras and DUI Cases

Many police departments require traffic officers to carry body cams along with their standard dash-cams found in patrol cars. The camera records the police officer's engagement with drivers and their passengers during a routine stop or roadblock.

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Can I Be Charged for Possession of Medication That is Not Prescribed to Me?

 Posted on June 09, 2018 in Criminal Defense

The ongoing opioid epidemic in the United States is cause for real concern with the health of Americans at stake. Addicts regularly abuse drugs used to treat chronic diseases such as nerve pain and anxiety.

Miami criminal defense lawyers have seen an influx of people, charged by the police, for unlawful possession of scheduled medications such as OxyContin, Xanax, and Vicodin. If law enforcement officers catch you with prescription meds on your person without a doctor's prescription, you could face serious charges that include jail time and fines.

Florida Statutes Chapter 893 makes it illegal to carry controlled substances without a prescription from a licensed medical professional.

Felony Penalties for Illegal Possession of Prescription Medications

Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such as Xanax, and narcotics, including oxycodone, hydrocodone, fentanyl, methadone, and morphine.

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