Recent Blog Posts
Over-Billing Can Lead to Health Care Fraud Charges
Miami Criminal Defense Attorney News: As a physician, the management of your business is critical to its success. Unfortunately, medical professionals are busy people that don't have much time for the nuances of business operations. As a result, their practice is exposed to mismanagement by employees, with potentially disastrous consequences. Billing fraud is rampant in the medical services community. If an investigation by healthcare authorities finds your practice guilty of mishandling billing, you could face arrest and indictment for fraud. You'll want to hire a Miami criminal defense attorney to represent you in court and clear your practice of wrongdoing.
Fraud in Healthcare
According to the CMS (Centers for Medicare & Medicaid Services), national health costs in the United States totaled more than $3.2 trillion during 2017 or about $10,000 per capita. According to these statistics, healthcare spending is set to grow at a pace of 6.2 percent annually until 2021. This trillion-dollar market comprises of providers, vendors, payers, patients, suppliers, employers, and pharmacists in both private and public practices across all levels of healthcare services.
Penalties for Possessing Marijuana in Florida in 2018
Decriminalization and legalization of marijuana efforts are sweeping across the United States. In recent years, medical science has shown links between cannabis consumption and reduced levels of chronic inflammatory disease and a myriad of other benefits. The full benefits and risks of marijuana use are still relatively unknown. However, this doesn't stop citizens from exercising their right to consume cannabis safely.
Many states would forgive you for thinking that possession and consumption of marijuana are entirely legal. However, in reality, marijuana is still illegal at a federal level in all states. This legislation means that authorities can charge you for consumption, distribution, or sale of cannabis and related products.
Many states, and their branches of law enforcement, still outlaw the possession and consumption of marijuana at a state level. Florida is an example of a state with strict laws and penalties for regulating the use and sale of cannabis. If you find yourself on the wrong side of the law, you will want to hire a criminal attorney in Miami to avoid trouble.
Fighting a Probation Violation Allegation in Miami, FL
For any alleged offender, probation is a more favorable alternative to a prison sentence. Being put on probation allows an individual to still have a semblance of a normal life. For some, it even allows them the opportunity to acquire work, come home to a house, and see their families.
However, there are still restrictions. These restrictions are mandatory and strictly imposed. Violating the conditions of your probation could force a court to revoke your probation. This could also mean severe penalties, which can involve jail time.
If you have violated your probation terms, you will need to attend a probation violation hearing. Even if you had committed the violation unknowingly or accidentally, the strict imposition of these terms could still lead to you losing the hearing.
What Happens Then?
When the officer in charge believes that the probationer has violated probation terms, they will prepare a report and a Notice of Hearing for the probationer to sign. Either that or a Notice of Violation/Violation of Probation Warrant will be sent to the judge. This is prior to your probation violation hearing.
How Plea Agreements Work in Miami Florida
If you have ever monitored a court case from beginning to end, you have heard the words, "plea agreement" quite often. A plea agreement is exactly that - an agreement. A plea agreement is between a prosecutor and a defendant under defined parameters.
Each criminal case is unique. Every case presents its own level of difficulty and, more often than not, complexity. Criminal cases are one of, if the not the most, difficult cases to handle and plea agreements are the most popular course of action in criminal cases.
An experienced criminal defense attorney in Miami will tell you that a plea agreement can resolve the majority of criminal cases. In fact, it has. And in scenarios where the evidence is stacked against the defendant, plea agreements can be a useful tool in their defense.
But How Does It Work?
In Florida, plea agreements are valid legal documents according to the Florida Rules of Criminal Procedure. When forming a plea agreement, both the prosecutor and the defendant (or the defendant's attorney) may discuss the terms of a plea.
The Difference Between Pleading Guilty or Pleading No Contest for Traffic Tickets
Getting a traffic ticket is the bane of every driver's existence. The grueling process of being pulled over, interrogated, and later on having to appear in court is something every driver tries to avoid. The threat of a court date or paying a fine is something most drivers have developed a natural aversion to.
Receiving a traffic ticket means that you have been accused of violating the law. That is, you have violated traffic regulations. If you have recently received a ticket, consult with a defense attorney in Miami to understand the traffic regulation statutes in your jurisdiction. This can help you understand how to plea later on.
Stating Your Plea
There are various ways to state your plea. In deciding over what plea to take, most defendants confuse pleading guilty and pleading no contest. Here we will help you by explaining the main differences between pleading guilty and pleading no contest. The distinction is simple:
- Pleading Guilty
When Doing a Favor Becomes Drug Dealing - Criminal Lawyer in Miami
The government has been combatting drug trafficking and use for decades. Florida has been enforcing aggressive federal and state measures since Miami's infamous drug bout in the earlier 1970s. Today, the State of Florida is on the forefront in law enforcement against the drug trade.
Drug crimes in Florida and Federal Courts carry penalties and statutory minimum mandatory jail sentences. We all know drug dealing is a crime. However, even if you're no cartel member, you could be accused of drug dealing. What's even more interesting - you could be guilty of dealing drugs without even noticing.
But I Don't Even Sell Drugs
When we think of drug dealers, we think of shadowed figures on street corners at three in the morning. Some of them, we might even know personally. However, you're no drug dealer yourself. You would even testify to that.
Everyone is aware what drug possession entails. In legal terms, drug possession is the intentional act of possessing or having the intent to possess controlled substances. This applies to both illegal substances and illegally obtained prescription drugs.
How to Behave in Criminal Court - Criminal Lawyer in Miami Advice
Lots of people who need a criminal lawyer in Miami are concerned about how to make the best appearance in court. If you are accused of a crime, it is likely you will have to appear in court at some point. Any criminal lawyer in Miami will tell you that appearance and behavior can make the difference between a lighter sentence and having the judge throw the book at you – so to speak. But how do you ensure that you present the best picture possible of yourself? That's exactly what we are going to discuss below.
The adage that you never get a second chance for a first impression applies to court appearances. Research shows that how judges and juries perceive the defendant is based upon the defendant's appearance. Although, one may hope that they look at the facts and listen to someone's words more than judging by one's looks; however, that is simply not human nature. They may not even realize that they are biased due to someone's appearance. And people often appear in street clothes during the trial; even when they have just come from jail. If the defendant seems unattractive or unlikable, then there is a good chance that it will factor into the decision of the court.
What Happens When I Get a DUI in Miami? Miami DUI Lawyer News
Miami DUI Lawyer
Many people that are looking for a Miami DUI lawyer are concerned about what happens after you are accused of driving under the influence, and especially, what happens after a conviction. If you are facing charges of driving under the influence in Miami or the surrounding area, and you have never gone through the process before, then you will probably have lots of questions.
Many people wonder whether they will have a criminal record if convicted, how it will affect their lives and what they can do specifically to minimize the damage that has already been done. If you have been accused of driving under the influence, then you want to contact a DUI defense attorney in Miami as soon as possible. In the meantime, let's go over some of the questions you might have as a first time (accused) DUI offender.
The primary thing that you are probably wondering is what will happen if you get convicted – in essence, what's the worst-case scenario? In Florida, a DUI is a misdemeanor conviction that usually results in probation, hours of community service, a hefty fine of up to a thousand dollars and in the most serious cases, jail time. You might also have your driver's license revoked for up to a year. In addition to all of this, there are other consequences that you want to be aware of.
Miami Criminal Attorney Explains What Shows up on a Criminal Background Check
Many of the questions that Floridians looking for a Miami criminal attorney often ask have to do with the background check process. Many want to know specifically what comes up on a background check; so, that they can be prepared if they apply for a job or try to rent an apartment that requires such a check. Although background checks can differ based upon the agency that is conducting it, there are some similarities across the board.
Let's look at some of the things that might come up on a standard background check. If you are accused of a crime, then you may want to contact a Miami criminal lawyer soon as possible to present the best defense and possibly avoid the background check problem altogether.
The first thing that you should understand is what comes up on a criminal record check. While not every background check contains a full criminal record check, some of them do. A criminal record contains arrests, charges and convictions. These can come up even on background checks that are run by employers. It all depends upon the company running the background check and how much the employer is willing to pay for the information.
What is Indecent Exposure? A Miami Criminal Lawyer Explains
Miami Criminal Lawyer
Have you been charged with indecent exposure, or do you have a friend or family member who has been charged with this crime? You may be wondering exactly what indecent exposure consists of and whether or not it is a good idea to contact a criminal attorney in Miami for help.
In the state of Florida, indecent exposure is the act of exhibiting or exposing sexual organs either in public or on private property within view of those on public property. For example, showing your private areas on a deck of a home that is within sight of those on a deck of another home. This exposure may be considered indecent or vulgar.
Streaking, which is a well-known prank, can be considered as indecent exposure and is often what most people think of when they consider this charge. The indecent exposure law includes being naked anywhere in public, except in places where you are allowed to be nude, such as a nude beach.
Proving an Indecent Exposure Charge
If you have been charged with indecent exposure, it is important to know your rights. A Miami criminal lawyer will be able to discuss your case with you and help you through these charges. In order for a prosecutor to prove that an indecent exposure crime occurred, there are four elements the State must prove beyond a reasonable doubt.



