Posted on October 17, 2017 in Criminal Defense

Because of the numerous law enforcement shows on TV, most people are familiar with their Miranda rights. Most Americans know these from memory, and they can recite them.

Because we're so familiar with these words, we might think we know how to apply them in specific situations, but many of us really don't know what we're talking about. We're not familiar enough with the law to know how they should be applied or what they mean. Generally, a police officer doesn't have to read you your rights during a casual street encounter. However, they have to do so if they arrest someone and begin to interrogate them.

If you've been arrested, you need to get in touch with a criminal lawyer in Miami right away. A Miami criminal defense attorney can advise you of your rights and help you get through the difficult and perhaps dangerous interrogation. Our criminal defense lawyer in Miami knows how to handle the police and work with detectives to ensure that you don't get yourself in more trouble by making incriminating statements to the police.

Continue Reading ››

 Posted on October 16, 2017 in Criminal Defense

At Stroleny Law: Criminal Defense Attorney, we are no strangers to defendants and clients that wish to change their plea after the fact. It is quite common for defendants to change their mind as to how they wish to proceed, especially after they have spoken with a professional Miami criminal lawyer and learned more about the implications of their plea. For example, they may learn that their plea can impact their immigration status – that they might even face deportation!

This is why it is so important to find a criminal defense lawyer in Miami and to speak with them before making any decisions.

But what if you have already made your plea and you wish to change your mind?

If you have been arrested for a crime in Miami and you have already entered a plea of guilty or no contest, then there might be an option to withdraw that plea, assuming there is a good cause. It is important to remember that the judge has the discretion to allow this action. And normally, the judge's decision will be dependent on the presence of a good reason.

Continue Reading ››

 Posted on October 13, 2017 in Criminal Defense

When a regular citizen finds themselves on the receiving end of a criminal court case, it can be a normal response to feel rather helpless and even victimized. It can feel as though the 'force of the government' is being brought down upon you and there's nothing you can do to stop it.

But as a Miami criminal law firm, we have a more nuanced understanding of the law. When the law is being used as a weapon against citizens, we must put the law back to use for the benefit of the citizens.

In reality, the law is highly complex and is designed in a way to prevent it from being abused on either side. If you find yourself facing charges for crimes relating to drugs, then there are numerous defenses that a good Miami Drug Crime Attorney can use for your benefit.

One is the entrapment defense. Many criminal lawyers in Miami will overlook this option but it is a very important defense.

Basically, entrapment explains cases where you have been purposefully induced to engage in illegal behavior which you are not predisposed to do. For example then, if a police officer were to go undercover and sell you drugs only after "twisting your arm" to buy the drugs, this would be considered entrapment.

Continue Reading ››

 Posted on October 10, 2017 in Criminal Defense

The law is a highly complex and intricate subject matter, with many different exceptions, rules and considerations. While this can sometimes seem inconvenient, it is actually that way for a reason. Laws regulate lives and life isn't always straightforward. There are exceptions for most rules. Such a protocol exists in order to protect the rights of regular people, while also giving the state the power it needs to maintain peace.

Is it perfect? Not at all. Especially because you need to have a full knowledge of the law in order to get it to work for you. Or at least you need to find a Miami criminal defense lawyer that understands the law and can represent you in court and advise you leading up to your hearings. At Stroleny Law: Criminal Defense Attorney we take great pride in our work to help regular people avoid unfair charges.

Take for example cases where you are caught driving with a suspended license while also under the influence of drugs or alcohol. In such scenarios, you might reasonably expect that the state attorney could try you for both of those crimes at the same time.

Continue Reading ››

 Posted on October 09, 2017 in Criminal Defense

Miami criminal lawyers have a wide range of roles and responsibilities. Among these, it is our job to inform clients regarding the consequences that an arrest can have on their immigration status.

This is something that some clients do not immediately consider when choosing their Miami criminal defense attorney. When an individual is arrested and they are not a US citizen, there are deportation consequences that they may have to face and it is crucial that they are fully informed of what that may entail.

Even small misdemeanor criminal charges can potentially have serious implications for immigrants. The law actively requires criminal defense attorneys in Miami to discuss these potential outcomes with their clients and to advise them accordingly prior to their trial. This could impact their decision to plead guilty, or to make a no contest plea or a not guilty plea.

The problem here is that many of the criminal defense lawyers in Miami are not fully informed regarding these laws and they do not have all of the requisite information to pass on to their clients. Immigration laws in the US are vast and highly complicated and thus it is crucial when you choose someone to act as your representative and consult, that you ensure they have all of the most accurate, up-to-date and relevant information as it may pertain to your case.

Continue Reading ››

 Posted on October 05, 2017 in Criminal Defense

There are several types of criminal defense law, each requiring special skills and experience. Federal courts and state courts need to be navigated in very different ways. Often, what works in one court won't work in another so a good criminal defense lawyer in Miami should be your first call. A knowledgeable federal criminal defense attorney can get clients big advantages with acceptance of responsibility points towards a sentence reduction. A lawyer who only handles state court cases won't be as experienced in this area of law. If you've been arrested and charged with a federal crime, it's important to get in touch with a Miami criminal law firm that can help you get out of trouble.

Federal Sentencing Guidelines

There are federal sentencing guidelines, and those guidelines mandate certain terms for people convicted of federal crimes. Every federal crime is assigned a level of severity, and the points correspond to a sentencing recommendation. One of the few ways to lessen the sentence below the standard sentencing recommendation is to attain a point reduction through the Defendant's acceptance of responsibility. An experienced criminal lawyer in Miami is going to give you the best chance at resolving your case.

Continue Reading ››

 Posted on October 02, 2017 in Criminal Defense

If you're under investigation for any type of sex crime, you need to contact a criminal attorney in Miami right now. There is no time to waste. Every second you don't get in touch with a criminal defense lawyer in Miami could come back to hurt you. Your chances of quickly resolving the allegation go down the longer you wait to get in touch with a criminal defense attorney in Miami. If you've been accused of a sex crime, you really should not defend yourself. You could end up in jail for a very long time because of sex offense allegations so do not hesitate to reach out to a Miami criminal lawyer as fast as possible.

Anthony Weiner was a key reason that Hillary Clinton lost the 2016 election. The criminal sex offense allegations he was facing were quite serious. We all know how much it can damage your reputation to have a sex crimes charge filed against you. It's incredibly important to contact a criminal lawyer in Miami if you've had a sex crime charge filed against you. A sex crime attorney in Miami is your best chance of keeping your reputation clean.

Continue Reading ››

 Posted on September 27, 2017 in Criminal Defense

Florida's Stand Your Ground law is based on a basic belief that homeowners have a right to defend their home, person, and family from people who come into their residence with violent intentions. It is what's referred to as the "castle doctrine" from the English idea that every man's home is his castle, and that he can defend it.

Expanding the Stand Your Ground Law

Florida expanded the Stand Your Ground law in 2005 to say that you could defend yourself and others even when you weren't in your home. The Stand Your Ground law stipulates that people can use deadly force anywhere, and that they aren't required to run away from the threat. The law says that you have to believe that using such force was unavoidable to prevent death or serious bodily injury to oneself or someone else. Call our office now to speak with our criminal lawyer in Miami if you have any questions.

With this law, if someone is charged with murder or manslaughter, their defense may rest on the principle that they were legally allowed to do so because of the Stand Your Ground law. If that happens, the following would take place:

Continue Reading ››

 Posted on September 26, 2017 in Criminal Defense

Should you be pulled over for a DUI (driving under the influence) then it is important to know your rights and to act in a way that will ensure the best possible outcome for you.

When you are stopped because an officer believes that you may be driving drunk, you may be asked to exit the vehicle and to perform a number of tests in order to demonstrate your sobriety. These tests are known as standardized field sobriety tests (SFST).

But as we all know from television and movies, the police will need to read you Miranda warnings before they can legally interrogate you after detaining you. That's the part where they tell you your rights and let you know that you have 'the right to remain silent'.

At this point, they may also begin to search you and to ask questions such as whether you have been drinking, how much and where you have been prior. Keep in mind that as soon as a police officer stops you in this way, suspecting that you may be under the influence, they are then going to begin making a case against you to make an arrest and charge you with DUI.

Continue Reading ››

 Posted on September 22, 2017 in Criminal Defense

The way that a police officer needs to go about handling an arrest is very sensitive and highly complex. There are certain things that a police officer may and may not do and if they don't follow the precise protocol then the results from their actions may include the case being thrown out of court.

These rules are here to protect us from being unfairly prosecuted and it's very important that we know our rights going into any criminal case. That's why it's so valuable to have the help of a Miami criminal lawyer who can advise you on the best ways to proceed and whether or not there is in fact a strong case against you.

For example, in Miami and across Florida, it is common to see drug dogs (K-9s) used in drug searches. These dogs have been trained to detect the odor of marijuana, cocaine and a range of other drugs. They can be used to detect drugs and then to search for them.

It is highly important that the dogs themselves and the police that handle them are thoroughly trained and certified in order to ensure that they are qualified to accurately detect the odor of drugs. If they do not meet such requirements, then a Miami criminal defense attorney might be able to help you avoid criminal charges.

Continue Reading ››