Posted on January 19, 2018 in Criminal Defense

In Florida and Miami, theft is a felony offense and is referred to as 'grand theft' when the object stolen is worth $300 or more. If the property that was stolen is valued below $300, then the offense is considered a misdemeanor. Misdemeanor theft cases are referred to as "petit thefts". There are significant differences in the way these two types of cases are assessed in court and in the potential consequences for the defendant. This is why it is so important for defendants to be fully informed by a Miami Criminal Lawyer before they make any decision as to their case.

Because the value of the stolen object is an element of the crime, value is an important issue to litigate in these criminal cases. Ultimately, the responsibility to prove value falls upon the state. If the state cannot prove the value of the property to be $300 or more, then the offense will be considered a misdemeanor. This is important for any defendant and for any Miami Criminal Lawyer. Fortunately, if the state cannot or does not prove the value of the stolen object, the offense will be considered a misdemeanor even when it seems obvious that the item would be more expensive.

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 Posted on January 17, 2018 in Criminal Defense

Through TV and popular movies, we've all seen enough crime dramas to have an idea of how things are supposed to go when someone gets arrested. After the subject has been placed in custody, the police officer will read them their Miranda rights, which goes something along the lines of 'you have the right to remain silent, anything you say can and will be used against you in a court of law...'. We've all seen it.

But savvy viewers know that just because something is true on the silver screen, doesn't mean it's true in real life in Miami.

So what actually happens if the police do not Mirandize a suspect in Florida? That's a question for a Miami criminal defense attorney – though you'd be surprised how often this topic can lead to confusion among even seasoned lawyers.

If you're arrested and you are not read Miranda, then statements you made after being taken into custody can later be suppressed through a motion. This motion is known as a Motion to Suppress and will be filed by your criminal defense attorney. Of course, any evidence you have showing that Miranda was not read to you will be helpful. If your friends videotaped your arrest, preserve this video. If you remember a timeline of your arrest, write down the sequence of events and times before you forget them. These pieces of evidence could be very helpful later in your motion to suppress.

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 Posted on December 23, 2017 in Criminal Defense

You've been pulled over by the cops for speeding, for running a red light, or for failing to stop at a stop sign. You're cursing under your breath right now and you're wishing things had turned out differently.

While this is always a frustrating and worrying moment, don't panic just yet. Police are people too and many of them are very reasonable. They know that we all make mistakes from time to time and that you may very well be a great driver who was just having a bad day, or perhaps were momentarily distracted.

In other words, if you respond correctly then there's a chance that you may be able to avoid a ticket. Here are some tips from a Criminal Attorney In Miami to help you ensure that happens.

1. Use Your Manners

The first and most important tip is to make sure that you remember your manners and that you answer respectfully. A lot of cops are given a hard time when they pull someone over for a traffic ticket. It feels personal, but the truth is that it really isn't. The cops are just doing their job and they probably don't particularly enjoy this aspect of their responsibilities!

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 Posted on December 21, 2017 in Criminal Defense

When you are facing any form of criminal court case, it is crucial that you have a full understanding of the charges and your rights. It is a common misconception that the law exists in order to keep normal citizens 'in line'. In reality, the law is designed to ensure the pursuit of justice is fair, and that cuts both ways.

Often times, the real job of the law is to protect normal citizens. This is why it's so important that you have the help of a Miami criminal defense attorney. Ensure the law isn't being used against you unfairly, use it in your own defense. Stroleny Law: Criminal Defense Attorney is a top Miami criminal law firm that is proud to support the local community and help them when they need it most.

One aspect of the law we always ensure our clients are fully informed about is the role of their confession. Contrary to popular belief, a confession on its own is insufficient to sustain a criminal conviction in Miami.

That's right! Just because you confessed to a specific crime or breach of the law does not mean that you are going to be found guilty. Knowing this can change the way you approach your case.

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 Posted on December 20, 2017 in Criminal Defense

On November 8^th, 2016, Florida passed Amendment Two. This was known as Florida's Medical Marijuana Initiative, and as the name suggests, it allows access to marijuana for medicinal purposes. The law passed with 71% of voters approving the bill, however it has been a time-consuming process attempting to implement the new rules.

In fact, the legislature is still going through the process of implementing many aspects of the law. This includes how marijuana will be consumed, dispensed, and grown. In other words, the law does not yet provide patients with the level of access voters envisioned.

Medical marijuana is a field that criminal lawyers in Miami need to pay close attention to. We are often asked about medical marijuana, how to obtain it, whether it is legal, and how to deal with other potential legal issues. In this post, we'll discuss how to obtain medical marijuana legally and safely.

How to Get Medical Marijuana, According to A Criminal Lawyer in Miami

While some specifics are still being worked out, it should be known that medical marijuana is currently available in one form or another, for those that need it. It's also well established that certain requirements need to be met in order for the patient to be eligible.

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 Posted on December 19, 2017 in Criminal Defense

In Miami, police are required to have some evidence of criminal activity in order to detain someone and proceed with an investigation. This is true for drug related crimes and DUIs.

In one recent case in Florida, police witnessed an individual slumped in a car, sitting in the driver's seat. The individual was parked at a convenience store but the car engine was running. The police went to investigate and found that the driver was asleep. They knocked on the door in an attempt to wake her but this was unsuccessful. While inspecting, they noticed the smell of alcohol coming from within the vehicle.

The police then forcibly opened the door and shook the woman awake. They conducted a DUI investigation and the woman was then arrested for DUI.

Looking at cases like this is always interesting for a Miami criminal defense attorney. This is not a black and white case and that's the way the criminal defense lawyer on the case saw it. They argued to the court the police had no legal basis for opening the door to remove the woman from the vehicle. However, the court disagreed. In Florida, the police are not permitted to search a vehicle or detain an individual without specific evidence of criminal activity – as we have already ascertained. This was the angle the defense attorney was going with.

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 Posted on December 10, 2017 in Criminal Defense

Drivers who are pulled over on suspicion of DUI and have breath tests results over 0.8 may feel that their fate is sealed. However, even if your breath alcohol level was over the limit, there is still a chance for the dismissal of your DUI case. A Miami DUI Attorney may be able to prove the officer did not comply with all of the procedures required to administrate a breath test.

The Rules of the 20 Minute Test

In the state of Florida, before administering a breath test during a DUI arrest, police officers are required to follow the 20 minute rule. For 20 minutes prior to the administration of the breath test, the person who has been arrested must go through an observation period, to make sure they do not belch or vomit up any alcohol or consume any substance that may affect the results of the test. Police officers are under considerable time pressure and may leave out a few steps or neglect a few details during DUI investigations. A criminal attorney in Miami can spot flaws in the investigation and may be able to exclude the breath test results from evidence.

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 Posted on December 10, 2017 in Criminal Defense

Often, when people are arrested, they assume the cards are stacked against them and the officer's actions will not be questioned. However, if an arrest has been made, the validity of the arrest is not a given. In many cases, evidence is thrown out when the arrest was done improperly or by officers functioning outside of their jurisdiction. A Miami criminal defense lawyer can help you determine whether the arrest was appropriate, and if it was not, then you may be free of the headache of having charges filed against you.

What About a Citizen's Arrest?

In reality, anyone can make an arrest given certain factors. Disclaimer: we do not recommend you make citizens' arrests. You could face civil and criminal liability in the event of an improper citizen's arrest. However, if someone is engaged in illegal activity or dangerous behavior constituting a felony, a citizen can act as an officer of the law and arrest someone. However, the activity the person is engaged in must be proven to be illegal and not merely annoying. If an officer has arrested you outside of their jurisdiction, they could cite their right to make a citizen's arrest, but they are given no more leeway just because they have a badge. Like anyone else, he or she would have to prove a citizen's arrest was justified. A criminal lawyer in Miami can clarify what constitutes a justifiable citizen's arrest and what does not.

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 Posted on December 08, 2017 in Criminal Defense

Unfortunately, many people currently on probation feel they are at a safe distance from serving jail or prison time. However, they may find themselves behind bars if they violate the terms of their probation. Some of these violations may be obvious, such as committing new crimes. But if you are in the wrong place at the wrong time, miss a curfew or have not paid court costs, you could find yourself in hot water. A Miami criminal lawyer can help you avoid the worst consequences of technical probation violations.

How Are Technical Probation Violations Viewed and Treated?

When a court decides to put someone on probation, they have determined that the person does not yet deserve a jail sentence, as long as the terms of probation are complied with. However, a violation of these requirements may cause the court to change their mind about jail or prison. If the supervisor feels the probation terms have not been met, they will issue a notice of violation with the court. This can happen if there is a new arrest or simply a technical violation. A Miami Probation Violation Attorney can help ease the penalties for technical violations which may include:

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 Posted on December 07, 2017 in DUI

People facing a DUI in Miami may feel so overwhelmed with the situation that they may not realize the technology the police used to make the arrest may benefit their case. The police have highly sophisticated devices to track speeding violations. These devices are frequently used in cases that result in DUI arrests. However, there are many requirements and regulations governing the use of these devices, and it is possible the officer did not use the technology properly. A Miami DUI Lawyer who is well-versed in these rules may be able to help get your DUI dismissed.

How a DUI Arrest is Made

To make a DUI arrest, an officer can't just go on a gut feeling to pull people over. They have to have some reasonable cause to stop a driver. The officer has to witness the driver operating his or her car in an erratic manner, violating traffic laws or speeding. A Miami criminal attorney will help get your case dismissed if a police officer pulled you over without having a legal reason to.

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