Posted on March 01, 2018 in DUI

Miami DUI Attorney

As a commercial truck driver in the state of Florida there are many laws regulating your driving. Some of these laws are more strict than laws for those who have a regular license and not a CDL. We understand that for our truck driving clients, the status of their commercial driver's license or CDL is highly important, when considering any consequences of a criminal case.

In the state of Florida, if you're a truck driver and you are arrested for driving under the influence of alcohol or drugs, you may face losing your commercial driver's license. Discussing your situation with a Miami criminal lawyer is recommended as your lawyer may be able to help you maintain your license in certain situations.

Reasons your CDL May be Suspended

There are many reasons that a person may have their commercial driver's license suspended. Being charged with a DUI is just one of them. Some of the other reasons that a CDL may be suspended include hauling illegal materials and having too many traffic violations. A CDL may be suspended for seemingly minor infractions because truck drivers need to drive as safely as possible while transporting goods throughout the state and the country.

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 Posted on February 28, 2018 in Criminal Defense

In this day and age, we rely on our phones for a lot. Most of us do not leave home without our phone, ever. Also, our phones contain a ton of private and sensitive data, from bank accounts to social media accounts, and everything in between. With all of this information being stored on a phone, someone else having access to your phone can be a big intrusion of privacy.

When you are pulled over or if you are arrested, police officers will often search your vehicle or home for evidence. With the increased use of cell phones today, police officers may also try to get access to your phone, to search for more evidence to be used against you.

The question now is, do police officers have the right to search your phone without a warrant? Currently, in the state of Florida, lawmakers are working on ways to help you protect your privacy when it comes to your cell phone.

If you have been arrested or if you are pulled over, and a police officer asks to look at your phone, here are a few things that you should know.

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 Posted on January 30, 2018 in Criminal Defense

Have you been thinking about mailing out some packages? Perhaps you thought it would be nice to send one of your friends or family members a controlled substance, such as marijuana. While marijuana has been decriminalized in several states, you are still not allowed to send it in a package through the US mail. If you do so, it is considered drug trafficking and you could face felony charges.

Drug crime defense attorney in Miami know there are more than a thousand people each year arrested for trafficking drugs through the United States postal service. In the year 2015, there were over 34,000 pounds of marijuana recovered by the United States Postal Service. Marijuana is the most commonly seized drug by the USPS.

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Why Would Someone Ship Marijuana through the Mail?

One of the main reasons that a person may attempt to send marijuana through the mail is because the fourth amendment offers some protection to them as citizens. This amendment states that a postal worker cannot open up most packages sent through the mail without a search warrant and probable cause. Other carriers such as FedEx, DHL, and UPS, do not provide this type of protection, as they may open up any package they wish.

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 Posted on January 29, 2018 in Sex Crimes

If you are speaking to a police officer about a sex crime, your case has already started. As soon as you have been accused of this type of crime, the investigation begins. This means that anything you say to the officer can be used against you. For this reason, it is important to have a Miami criminal defense lawyer by your side as soon as you know that you are being accused of a sex crime.

There are many things to consider when you have been accused of a sex crime and our Miami sex crime lawyer will be able to discuss all of these things with you. This includes whether or not you should take the case to trial. In reality, most cases do not make it to trial and are decided instead during pre-trial negotiations. Deciding to go to trial is a difficult decision that a lawyer can help you with.

Types of Charges

In the state of Florida, a sex crime may be considered a felony or a misdemeanor. Misdemeanors are less serious than felonies and come with a maximum punishment of up to one year in jail. A felony case is more serious than a misdemeanor charge and can be punished with more than a year in prison. The penalties and fines are dependent on the type of charge as well as the defendant's criminal history.

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 Posted on January 26, 2018 in Criminal Defense

In the state of Florida, people are starting to see the opening of more medical marijuana dispensaries. This is good news for those who suffer from illnesses that can be helped by medicinal marijuana. However, if you own a gun, you should take note. If you have a gun and a medical marijuana card, you could end up facing some serious federal criminal charges.

The state of Florida allows a person to own a gun and to use medical marijuana, but not both. This is one of the restrictions that is listed on the form when purchasing a firearm. Federal law states that a person that uses marijuana, even medicinally, cannot purchase a gun legally. The reason for this is because marijuana, which has been decriminalized by many states, is still considered as a schedule 1 drug under federal laws.

According to our Miami criminal attorney, this is one area where some state and federal laws are in contradiction. This law has been challenged in federal court and upheld, so it remains in place for now. For this reason, residents of Florida are caught in a situation where they will have to choose between which is more important, their second amendment right to bear arms, or their medicine.

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 Posted on January 25, 2018 in Criminal Defense

You walk into a liquor store to purchase some alcohol and you walk out with it in a brown paper bag. This is a common practice in a majority of liquor stores across the United States. When you walk out you may think that you can simply open the container and drink out of it as long as the contents remain surrounded by the brown paper bag.

The truth of the matter is, as any Miami criminal lawyer will tell you, the brown paper bag does not shield you from any type of criminal charges if you are drinking alcohol in public. In fact, according to our Miami defense lawyer, drinking alcohol from a brown paper bag could even draw more attention to you, increasing your chances of getting arrested.

Here is a little bit of information about the drinking out of a brown paper bag myth.

Why Liquor Stores Use Paper Bags

Many of the myths that surround the brown paper bag drinking practice come from laws in certain states that do not allow liquor stores to sell alcohol that is not covered in some way.

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 Posted on January 24, 2018 in White Collar Crimes

When you go to purchase a home, it is likely that one of the last things from your mind is being the victim of a fraud crime. After all, if you go through the proper channels and deal with professionals, purchasing a home is supposed to be safe. Unfortunately, that is not always the case, especially in Miami.

The real estate business, including the mortgage industry, are highly regulated. And while sometimes there are legitimate mistakes, other times, errors or mistakes in real estate transactions are viewed as fraud or attempted fraud. While a prosecutor is required to prove the defendant intended to commit fraud in order to secure a conviction, the defendant will likely face irreparable damage to their reputation due to the allegation. For this reason, it is important to have a criminal lawyer Miami offers on your side if you are accused of fraud.

Mortgage Fraud Definition

A Miami criminal lawyer defines mortgage fraud as any type of intentional omission, misrepresentation, or misstatement that is related to the loan. In order to qualify as being fraud, the misstatement or omission has to be material. This means that it could influence the bank's decision on an important issue such as whether or not to approve a loan or agree to amended payment terms or to accept a reduction in the payoff amount.

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 Posted on January 23, 2018 in Criminal Defense

If you have been involved in an incident involving law enforcement, then chances are you will be approached by the police to give a statement. The question is, should you do so? By speaking with the police are you potentially damaging your chances of a fair trial? What are your rights?

This is a time when it is very useful to gain consult from a criminal attorney in Miami. If you explain your situation to one of our criminal defense attorneys, then they can advise you on your particular case and let you know what the best way to proceed is – both from a moral perspective and in terms of your own chances of a successful defense.

In lieu of the opportunity to speak with a Miami criminal defense attorney directly, the next best thing is to follow the advice in this post...

What to do if You're Invited to Come Down to the Station?

If you are invited to come down to the station to clear things up, or if you're invited to get in touch and give a statement, then what should you do?

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 Posted on January 23, 2018 in Criminal Defense

Criminal defense lawyers often find themselves dealing with difficult and complex situations. They will have to speak with not only the victims of domestic abuse, but also those that have been accused of domestic battery. In the latter case, clients often wish to have their charges dropped – which is always the best-case scenario.

A large number of battery cases are filed as misdemeanor charges. These charges can result in penalties including up to one year in county jail. However, in some cases, the allegations are more severe and will be filed as felonies. Here, the potential repercussions are significantly more severe for the accused, and that makes it very important that they find a domestic violence lawyer in Miami to ensure they have representation and can get a fair trial.

Felony Battery

Felony battery is one type of domestic violence charge. Felony battery is defined as intentionally touching or striking another person, resulting in 'great' bodily harm, permanent disability or permanent disfigurement, as defined by the Florida Statute section 784.041(1).

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 Posted on January 22, 2018 in Criminal Defense

A DUI is a serious criminal charge in Florida. Likewise, the same is also true for underage drinking, with Florida taking a zero-tolerance stance on alcohol-related crimes.

Despite clear attempts to come down hard on underage drinking, it is estimated that 9.5% of all alcohol sold is purchased by underaged individuals.

Because underage drinking is such a common problem, many such individuals find themselves on the receiving end of serious criminal charges. Fortunately, with the help of a Miami DUI Lawyer, it may be possible to either lessen or avoid such charges. While the laws are strict, prosecutors and judges can be reasoned with and more interested in treatment than punishment.

Things get more complicated once you introduce DUI charges into the mix. In these cases, defendants should secure the services of a Miami criminal defense lawyer immediately, in order to stand the best chance of a fair trial and a favorable outcome.

The Laws

For people 21 years of age or older, a blood alcohol level over.08% means they are legally intoxicated. However, this number is lowered significantly for those under the age of 21.

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