Posted on May 23, 2017 in Criminal Defense

From having a broken tail light to swerving out of a lane to speeding, all drivers are likely to be pulled over by the police at one point or another – and for one reason or another. Even if you are the most law abiding individual, there's a chance that you will be pulled over while you are driving. Of course, you may be quick to comply and do whatever the officer who pulls you over says in an effort to make the situation pass as quickly as possible and to avoid getting into serious trouble; however, it's important to understand that you do have rights when you are pulled over. Unfortunately, there have been instances where law enforcement officials have illegally requested drivers to do things, which have lead to unlawful arrests and even convictions.

What Are Your Rights?

So, what are your legal rights when it comes to being pulled over? According to our Miami criminal defense lawyer, no matter what the reason is, the following rights are legally granted to you, and law enforcement officials must abide by them:

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 Posted on May 22, 2017 in Criminal Defense

In the city of Miami – and the entire state of Florida – there are limits to the amount of alcohol you can consume before driving a vehicle. The legal blood-alcohol content, or BAC, is under.08%. If your BAC is.08% or above that limit, you are considered legally impaired and will face charges if you are found operating a vehicle.

Our criminal lawyer in Miami has helped countless people who have been charged with DUI/DWI and will assist you to the fullest extent of the law.

BAC: What it is and Why it's Important

What exactly is a BAC and why is so important?

According to Miami criminal lawyers, blood alcohol content (BAC) indicates how much alcohol is in an individual's body. When alcohol is consumed, it is absorbed into the lining of the stomach and the small intestine, and eventually, it is absorbed into a person's bloodstream. Blood alcohol content indicates the percentage of alcohol that is in a person's bloodstream.

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 Posted on May 17, 2017 in Criminal Defense

Though the use of marijuana in the city of Miami – and throughout the entire state of Florida – remains controversial, using it on a medical or recreational basis has become more commonplace and more acceptable. In fact, the same can be said throughout the United States. At present time, medical marijuana has become legal in 28 states, 17 states of decriminalized marijuana, and 7 states have legalized its recreational use.

With the increased acceptance and use of marijuana has come new ways to consume it, and vaping has become one of the more popular methods. If you are considering vaping marijuana, it is important to understand exactly what it is and what the legalities are that surround this method of consumption.

What is Vaping Marijuana?

According to our criminal lawyer in Miami, vaping refers to processing marijuana by transforming it into hash and then heating the hash until it emits a vapor that can be inhaled. People choose to vape for numerous reasons: Some believe that the marijuana they are consuming is more potent, while others believe that it will decrease the chances of developing respiratory problems. Still others believe that vaping allows them to enjoy the THC that is found in marijuana in its purest form.

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 Posted on May 15, 2017 in Criminal Defense

Forensic analysis has been one of the most trustworthy forms of evidence used in the American criminal justice system. Not only has it proved to be a helpful means to definitively identify suspects, but it has also assisted with pinpointing timelines of events and has proven or disproven the theories that have been used to tell precisely what happened and who was involved in criminal cases. At our criminal law firm in Miami, we have relied on forensic evidence to help us with various cases over the years. However, given the rise of recent research that has shown some of the methods that are used for compiling forensic evidence are not as substantial as they were once thought to be, our Miami criminal defense attorneys has strongly taken into consideration the types of forensic evidence that are used to support cases and their validity.

A Look at Faulty Forensic Evidence

Our criminal lawyer in Miami read an interesting report that was published by ProPublica journalists in 2015. In this report, the journalists highlighted that a tremendous amount of flawed forensics had been reported in criminal cases. These journalists found that while DNA analysis was certainly a powerful tool for prosecutions, it was also a tool that held value for defendants. As a result, dozens of wrongful convictions have been overturned.

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 Posted on May 04, 2017 in Criminal Defense

Chances are even if you have never been arrested you have heard of Miranda rights. These rights are what are read to anyone who is being arrested and include the right to remain silent. However, you may not realize what this right to remain silent truly means for you if you are ever being arrested for a crime.

When Do Police Officers Have to Read you Your Rights?

A police officer is required to read someone their rights whenever they are interrogating someone who is in their custody. Interrogation includes not only direct questioning of the person being held, but also any actions or words that a police officer takes that they know can elicit a response that is incriminating.

The idea of the right to remain silent is that choosing not to say anything cannot be seen as evidence of guilt of a crime. While this practice of being read your rights sounds simple enough, any Miami criminal defense attorney will tell you that there are different ways that this requirement can come into play during a defense case.

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 Posted on May 04, 2017 in Criminal Defense

In Miami, any person that tries to solicit a minor for sexual activity through the internet or another electronic device can be arrested and charged with traveling to meet a minor. In addition, any person that travels either within the state of Florida or in or out of Florida with the intention of meeting a minor can be charged.

A criminal lawyer in Miami understands that many traveling to meet minor cases often involve a trained officer of the law who is posing as a child on the internet with the intent of trying to engage people into the act of soliciting them.

Possible Penalties in Florida for Traveling to Meet a Minor

Under Florida law, traveling to meet a minor is a second degree felony. This offense comes with a minimum prison sentence of 21 months and can be up to 15 years. The charges may also include a fine of up to $10,000 and up to 15 years of probation. In addition, the person will be required to register as a sex offender in the national database.

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 Posted on May 01, 2017 in Criminal Defense

When considering the criminal justice system it is not hard to find information and statistics to support the idea that the system has unfairly discriminated against individuals of color. Hispanics and blacks are behind bars at rates that are disproportionate to whites. In addition, inner city communities that are populated by mostly African-Americans are over policed and statistically black people are more likely to be stopped by police and frisked. In addition, people of color often receive harsher punishments than white people who have committed the same crimes.

Research Shows Reason for Alarm

Pew Research Center has recently conducted a survey called "Behind the Badge." This research included views from 8000 law enforcement agents. According to the research the national issues regarding racial bias and law enforcement are currently at a crisis point in the United States.

Considering the recently reported deaths of black Americans during their encounters with police, this tension is not all that surprising. While police killing black people has been going on for many years, it is only in recent years through the use of technology that more attention has been given to these issues. This higher amount of attention has led to backlash in the form of protests across the country.

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 Posted on April 28, 2017 in Criminal Defense

In the majority of states, including the state of Florida, first degree murder charges are defined as a killing that is unlawful and both premeditated and willful. This means that the murder was committed after a certain amount of time to plan it. Timing is frequently an important factor here.

What Constitutes First Degree Murder?

When a victim is murdered, states frequently categorize the murder as first or second degree. Typically speaking, a first degree murder charge will include three basic elements:

• Deliberation
• Willfulness
• Premeditation

Time is Often the Determination for Premeditation

Often times, defendants are charged with first degree murder simply based on the time between a confrontation and the murder. The theory is that after an argument occurs if there is enough time for a defendant to go home to think about planning out the murder of the other person, then the murder was planned.

However, simply time alone should not be the only evidence that the murder was premeditated. A Miami criminal lawyer will look at the facts and determine whether it should be argued that the timing is insufficient to prove the killing of the victim was premeditated.

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 Posted on April 25, 2017 in Criminal Defense

If you've been charged with domestic violence in Miami, then you need to reach out to a Miami criminal defense attorney. A criminal lawyer in Miami is going to know the law and the lay of the land, and they will be able to walk you through the whole process. If you don't want to rely on just one lawyer, then call a Miami criminal law firm and talk to multiple of them about your case. It's always a good idea to get a second opinion from another Miami criminal defense lawyer.

So, the question is whether a domestic violence charge will be dismissed if the victim doesn't want to prosecute it. There isn't an easy answer. It all hinges on the situation and many other factors.

It depends on the jurisdiction where it happened and how tough the Domestic Violence Unit is.

It also depends on whether or not there were any injuries or if there was any history of domestic violence before that night. If there were prior calls to the police, or if the offender has a record, they are going to be more likely to be prosecuted. If there was just pushing and touching without any serious punching or choking, then the state is not as likely to continue on with the case.

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 Posted on April 24, 2017 in Criminal Defense

If you've been charged with a drug crime in Miami, then you need to get in contact with a drug lawyer in Miami. Call a good Miami criminal law firm if you've gotten in trouble. You don't want to chance anything on something so big as a drug crime. A minor possession charge can land you in jail and you don't want to spend even a second in jail. A Miami criminal defense lawyer is going to be able to walk you through the whole process and help you gain your freedom. That's why it's a smart move to call a drug criminal attorney in Miami if you've been charged with a minor drug crime.

Florida has stiff penalties for possession of a number of pharmacological and narcotic drugs. These substances are often called Controlled Substances.

Some of the most common crimes involve drugs. Cocaine, heroin, Hydrocodone, marijuana, GHB, and methamphetamine are just some of the drugs that are illegal in the state of Florida.

Just being arrested for drug possession doesn't mean you'll be classified as a criminal. There are numerous options for resolving drug possession cases that don't end up with a finding of guilt. There are a number of creative ways to successfully resolve drug possession cases.

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