Posted on July 09, 2017 in DUI

In some circumstances, a person facing DUI charges in the state of Florida may claim their driving under the influence was necessary because of some emergency-type situation. Not only has our Miami criminal defense firm dealt with situations where these exceptions applied, but we've been successful in winning these cases.

This type of exception was recently illustrated by the Driggers v. State case which took place in the Florida's Fifth District Court of Appeals. The six components of a necessity defense were explained during the case. These are as follows:

1. There must be reasonable grounds for the defendant having believed that an emergency truly existed, as opposed to creating a false emergency.

2. The danger or the threat thereof should, apart from being real also be both "imminent and impending."

3. This danger must constitute a threat which can cause significant harm to the suspect or another person.

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 Posted on July 07, 2017 in Criminal Defense

The decision by some states to give convicts internet access wasn't an arbitrary or haphazard decision. In a world where it seems as if life is changing exponentially faster, keeping inmates away from technology could cause society more harm than good. Yet out of all the US states, there are only four which allow some limited form of access to the internet. Some policy makers have argued that, much like shelter and food, the internet is a basic necessity and therefore a human right. This argument is open to debate and there are reasons that prisoners shouldn't be deprived of internet access altogether.

In recent history, the case of Michael Santos stands out as an important marker in the argument for prisoners' internet rights. After his 25 year sentence was served, he added his voice to the debate from his first-hand experience as a prisoner. Without internet access, prisoners live in a very real sense of isolation from the real world. This strongly disrupts their chances of true rehabilitation after release. They are also cut off from conversations within and surrounding technological awareness. This in turn means they have difficulties integrating back into the world.

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 Posted on June 30, 2017 in Criminal Defense

Florida is one of the more lenient states in terms of firearm possession laws. Miami does not require residents to have a permit should they decide to purchase shotguns, handguns, or rifles. Carrying a handgun does however require a concealed carry permit.

Our Miami criminal law firm has dealt with countless cases relating to gun laws. In order to save you time, we've summarized the most important information below.

Florida Gun Laws Under the Magnifying Glass

• No requirements for permits in the purchase of rifles, shotguns or handguns
• Apart from special exceptions, open carry of any firearm is illegal.
• Carrying a concealed weapon does require the appropriate license.
• "Duty to retreat" law does not apply in cases where the resident has lawful presence.
• "The Stand Your Ground Law" applies in Florida.
  

Lax though gun laws may be, they do not unfortunately apply to every Florida resident. Section 790.23 states that some classes of people are prohibited from purchasing, carrying, owning or even operating firearms altogether, specifically convicted felons and those found delinquent of felonies.

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 Posted on June 27, 2017 in Criminal Defense

If you've ever watched crime television shows, you'll be quite familiar with the idea of DNA sampling for the purpose of allowing law enforcement to match a suspect to a crime scene.

Florida Statues, Section 945.325, are clear on just how important DNA databases have become for modern criminal investigations. Not only are they used to identify criminals, but they're equally helpful in ruling out certain suspects as well.

All About DNA Databases

To give you an idea of how important DNA analysis has become, the state of Florida and every other US state has declared that it's in the best interests of the public to maintain a nationwide DNA profiling system. This includes samples from individuals who have committed specific types of misdemeanors, as well as specific kinds of felonies.

The name of this database is "CODIS," which stands for "Combined DNA Index System."
Any kind of biological evidence recovered from the scene of a crime can be added to CODIS and compared with the already-existing profiles. When there is a match between the profile and the relevant sample, serial rapists or murderers can in theory be quickly identified by law enforcement. An experienced Miami criminal defense attorney knows that the truth isn't always as straightforward.

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 Posted on June 20, 2017 in Criminal Defense

If you keep track of the news, you know that marijuana has been a topic of intense debate over the last year in Florida. Our criminal lawyer in Miami knows this all too well. So what's all the fuss? Presently marijuana is considered a schedule 1 controlled substance, meaning that the FDA doesn't consider it to have any medical applications.

Many medical experts, scientists and researchers are in strong disagreement with this idea, and we are as well. Especially since a growing number of scientific studies have shown the efficacy of cannabinoids as a therapy for a litany of diseases. Our knowledgeable Miami criminal defense lawyer will aggressively fight to protect clients from incrimination for marijuana possession charges.

Medical grade marijuana is already used as a therapy for such conditions as:

• Arthritis
• Cancer
• HIV/AIDS
• Neuropathic pain
• Multiple sclerosis
• Glaucoma
• Anorexia
• And many other diseases

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 Posted on June 15, 2017 in Criminal Defense

If you're facing drug possession charges in Miami, you may have an underlying drug problem you are unaware of. Most non-users don't understand the real challenges drug addicts face on a daily basis. You may know people who are still under the assumption that drug addicts are simply lazy or weak-willed.

Of course the truth about drug addiction is far more complex. Only fairly recently has drug addiction found its rightful place as a "chronic disease," within medical science. The addict seeks out drugs, often against their own will. The first time a person uses drugs may be voluntary, but in many cases the brain eventually creates a dependency cycle that is almost impossible to escape, without help.

Drug Possession Laws In Miami

According to Section 893.13, possession of a controlled substance without a prescription from a licensed doctor constitutes a third-degree felony. The punishments for this offense include:

• A jail sentence of up to 5 years

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 Posted on June 13, 2017 in Criminal Defense

What is often called "assault with a deadly weapon" in other states and on TV is just called aggravated assault in Florida. It is defined under Florida Statute 784.021. Assault with a deadly weapon in Florida involved either the use of a deadly weapon or an intent to commit a felony.

Assault with a deadly weapon is a serious charge and an individual convicted of it can get up to 5 years in prison, and a minimum mandatory sentence of 3 years if a gun was wielded. You will also have a record that will follow you around for the rest of your life. It is a unique charge, in that you can't wipe it clean from your criminal record with sealing. Your charge can be upgraded to a second-degree felony if you assault a police or other public safety officer. And if a firearm is discharged, the punishment can reach up to 20 years in prison.

What are the defenses to aggravated assault in Florida?

Luckily, there are several legitimate defenses to aggravated assault in Florida. Miami criminal defense lawyers will choose the one that is most appropriate to your situation. A good Miami assault attorney can mount a convincing legal defense that will hopefully keep you out of trouble. An experienced attorney is your best bet in keeping you out of prison if you've been charged with something serious.

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 Posted on June 12, 2017 in Criminal Defense

In the United States, everyone has a Sixth Amendment right to the "effective assistance of counsel." That means we all have the right to a legal defense. The courts can't force you to stand trial against the state without an adequate legal defense, ensuring you can defend yourself. We all have the right.

Anyone who stands trial has the legal right to a lawyer that will help in the preparation of a case for trial. If someone is forced to stand trial without a sufficient legal defense, and if they get convicted, that conviction can be overturned, whether or not the government did anything to contribute to how unfair the trial was.

A criminal conviction can be overturned if you've had an ineffective legal defense. So, Florida courts do everything they can to ensure each criminal defendant has competent and effective counsel. Sometimes, a criminal defense lawyer will do a bad job, and if this happens, it is important to get in touch with a good criminal law attorney in Miami. Miami criminal defense lawyers can judge whether or not you received adequate and effective counsel and they can help you overturn the conviction if you didn't. A good criminal lawyer in Miami is going to be able to look through your case and tell you whether or not you were represented adequately.

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 Posted on June 09, 2017 in Criminal Defense

Getting your name off the sex offender registry is extremely important to some people. Nothing is worse in the eyes of some than to be listed as a sex offender. Even if you can explain why you're a sex offender to some people individually, you will walk around with that label and people will always think the worst. They might think you're a child molester or rapist.

Whenever you move to a new location, you're forced to register with the local police department so everyone in your neighborhood will know you're a sex offender. That will hurt your reputation in the area, needless to say. It could be difficult to meet people. You might feel unsafe in your own neighborhood. If an employer does a background check, he will see that you're a sex offender. If someone searches for your name, they will see the label. Having the label of sex offender can ruin your future. It can ruin your life. It can make it impossible to move forward in a positive direction. If you're in the sex offender database because of a sex act that is now legal, you've got to have it removed.

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 Posted on June 06, 2017 in Criminal Defense

There are different kinds or "degrees of murder" in the United States justice system. There is capital murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, and so on. How a person is sentenced really depends on the intent and severity of the crime. How and why the justice system charges people with murder is sometimes hard to understand to the general public. Many people have a simplistic view of murder. They think one murder is like any other. In the justice system, though, that is not true. In the justice system, the accidental killing of someone might not even be called a murder or even be charged as a criminal offense. It could be considered a "wrongful death," though, with a civil suit to ensue.

Confused yet? Don't worry. We'll lay it out clearly. Let's look at a civil suit versus criminal charges. In the United States, there are different types of lawsuits: civil and criminal. One person can bring a lawsuit against another person, company, or organization in a civil lawsuit. If someone does decide to file a civil suit, they will usually hire a private civil litigation attorney who will work on their behalf to ensure justice is done – usually in the form of financial remuneration. Incarceration is not the goal here. A criminal lawsuit, on the other hand, is quite different. With a criminal lawsuit, government prosecutors bring charges against a criminal defendant. The point of a criminal lawsuit is to punish someone who has committed a crime against one or more people by sentencing them to time in jail or fining them.

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