Posted on March 25, 2017 in Criminal Defense

If you're driving in Miami, a policeman can stop you if he or she suspects you are driving under the influence of drugs or alcohol. This is standard procedure in every state. Let's look at the particulars of Miami's DUI laws, though; as DUI laws vary state by state.

A normal DUI investigation entails a police officer asking you routine questions, such as where the driver was, what he has been doing, and how much he's had to drink. Everyone should know that they don't have to say a word. It's wise to give your full name, registration, driver's license, and insurance card to the police officer if he's questioning you. You should probably ask to speak to a lawyer after you've given that basic information to the officer. As you should already know, anything else you say can be used against in court of law.

That is where a DUI lawyer in Miami can really help you. A Miami DUI lawyer knows all the ins and outs of the system, and they can advise you when you're charged. You don't want to make it any worse on yourself than it already is. A DUI defense firm in Miami can help you navigate the uncharted waters of your first DUI. A Miami DUI lawyer should be your first call if you're charged with a DUI. A DUI lawyer can hopefully help you resolve your case quickly and easily.

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 Posted on March 24, 2017 in Criminal Defense

You do have the right to remain silent after you're arrested. You don't have to divulge information that could be incriminating to you. The Miranda warning, sometimes called Miranda rights, are protections the police tell you about when you're in police custody. It's something they have to tell you before you're questioned. If police fail to give this warning, and the criminal suspect reveals incriminating information, that information might not be admissible in court.

In Florida and all across the country, when someone is arrested, he or she has a constitutional right not to say anything to the police. Of course, some basic, routine questions do have to be answered. The police can ask basic questions that are a routine part of the arrest and booking procedure. For instance, the police can ask biographical, physical, and identification questions, such as age, height, address, date of birth, place of employment, and so on. However, the police cannot ask questions that are designed to get information about the case against you. If you've invoked your Miranda rights, the police aren't allowed to ask.

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 Posted on March 24, 2017 in Criminal Defense

What do you think of when you think of the crime of burglary? You probably think of a cat burglar sneaking his way into a home by night, maybe by slipping in through a window. Burglary, as most people understand it, is when someone illegally enters into a home or building and takes something that's inside. However, in Florida, burglary is a lot broader than that. It can include almost any building, even a vacant building, and it can even include a structure or vehicle like a boat or car.

You don't even have to steal something to be convicted of a burglary. If you just enter the space with the intent to commit a crime, you can be charged with burglary. A perpetrator doesn't even have to go inside. Just sticking your hand through the window can constitute a charge of burglary.

There was one recent case in Florida where the perpetrators had planned to burglarize a home. All they did was walk onto the front porch of the home. They tried everything to get into the home, but they just couldn't find a way in. Someone watching what they were doing called the police, and they were arrested just as they were leaving. They were charged with burglary though.

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 Posted on March 23, 2017 in Criminal Defense

The general rule is that police need a search warrant or the homeowner's consent to search a property for evidence of drugs, gun, or criminal activity. There are a few exceptions, however. There is one notable exception, and it's called the hot pursuit doctrine. The hot pursuit is one of many types of cases known as exigent circumstances cases. An exigent circumstance is an emergency situation that gives the police a legal excuse to conduct a search or seizure when they don't have the ability to get a search warrant in time. For instance, if the police were driving around a neighborhood and heard the sound of gun fire and shrieking from inside a home, they would have a legal right to enter the home and figure out what was going on. They would have probable cause, so they wouldn't need to get a search warrant.

The hot pursuit doctrine is a special kind of doctrine, applying to a special circumstance. The circumstance is that the police are chasing after a suspect who they believe just engaged in a criminal act, and that suspect ran into an area where they don't have a signed warrant to enter. However, because of the hot pursuit doctrine, they are able to keep following the suspect into the otherwise restricted space.

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 Posted on March 23, 2017 in Criminal Defense

When a driver has a serious accident, the officer sometimes can't perform a field sobriety test or breathalyzer test. Even if the suspect allows them to test him, it is difficult for the police officer to perform the tests. The person is often in no condition to undergo a test, maybe because of injuries or because they're carted off to the hospital. They just can't do the test like they normally would. If the police have some probable cause that the suspect was drinking or using drugs, there are other ways for law enforcement to continue their DUI investigation.

In some cases the policeman can follow the ambulance to the hospital where the patient is and request a blood draw. After the blood is drawn, they can send it to a crime lab where it will get analyzed for drug and alcohol presence in the blood.

If you're unsure about what to do in a DUI situation where you've been involved in a crash, your best move is probably to call a Miami DUI defense firm. A good Miami DUI lawyer is going to know how to best approach the case so you get the minimal penalty for the DUI arrest. A DUI attorney in Miami is experienced in handling these cases and can help you navigate the case and make it through.

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 Posted on March 22, 2017 in Criminal Defense

When someone is stopped by the police on suspicion of drug possession and there is a bag of drugs underneath the back seat, the person is probably going to be charged with possession. However, this doesn't mean the charge will hold up in court. A Florida judge recently ruled that the proximity of drugs to the defendant does not necessarily equate to drug possession. For instance, someone could be driving a car and have no knowledge about the fact that a passenger in the back had illegal drugs. Perhaps the passenger exited the car or maybe the drugs were planted there. These possible scenarios were implied in the judge's ruling that proximity doesn't determine possession. A criminal defense attorney Miami has to offer can bring details of a case to light that can help prevent their client's conviction.

The situation that lead to the judge's ruling involved surveillance of a home that police suspected contained drugs. A man and a woman left the house and got into a van. The police immediately drove behind the van and the vehicle did not stop at a stop sign. The police stopped the driver and noticed he was acting strangely. The detective asked permission to search the van and found methamphetamine in two bags that were located in the back seat where a passenger had previously been sitting.

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 Posted on March 22, 2017 in Criminal Defense

Legislators who want to show their constituents that they are tough on crime push for provisions supporting mandatory minimum sentences. However, this takes the authority away from judges to use their discretion to take into account complex situations that may not merit such a harsh punishment. First-time offenders for drug charges can, in some cases, use the safety valve rule to modify their sentences and make sure they serve less than the minimum sentence. A Miami federal criminal lawyer can give guidance to defendants about how the safety valve works and whether it is applicable in their case.

A defendant may be able to use the safety valve if they are first-time offenders and if the offense was non-violent. He or she must agree to be debriefed by the DEA or FBI prior to sentencing. Often, the defendant has to give a complete and truthful disclosure at the time of sentencing. A federal criminal defense firm in Miami can make sure that the statement is received no later than the time of sentencing. It should be clear to the court that the defendant has provided all of the necessary information and that the authorities are already aware of all of the details of the case.

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 Posted on March 20, 2017 in Criminal Defense

Let's say someone is trying to make their way home after a party where they had too much to drink. They may be well aware they are too intoxicated to drive and do not intend to start the car. They simply want to get in the car and turn on the heater or the radio while they wait for a designated driver who is still inside the party. A police officer comes by and arrests the person for DUI. Is this a case of false arrest? Was the person arrested because the officer thought the person was intending to drive or had just finished driving? One thing is for sure, this person can use a good Miami DUI attorney.

The answer is that the police officer does not need to believe the person actually finished driving or was preparing to drive to justify the arrest. This person could justifiably be arrested for DUI even if they weren't intending to drive. The two factors that gave the officer sufficient reason for an arrest are the fact that the keys were in the person's control so they could start the car. Second, the person's judgment was impaired and they were intoxicated enough to make driving dangerous and illegal. Their intention at that moment isn't important. Upon further consideration, this makes sense, because the driver's judgment is impaired in the first place. They might forget from one moment to the next that they are drunk and might decide to put the key in the ignition. This is one case in which a drunk person can be charged with DUI simply for sitting in the driver's seat. This is one reason it is not "safe" to sit in a car to get warm while intoxicated. A DUI attorney in Miami can advise you on what to do if you have been arrested for DUI.

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 Posted on March 17, 2017 in Criminal Defense

When you are arrested in Florida, after your first appearance or bond hearing, you generally have an arraignment. Typically, this will happen within 2-3 weeks of your arrest. In some jurisdictions it can be months before your arraignment. If you have hired a Florida criminal defense firm, they will likely be present at your arraignment; the prosecutor and the judge will also be there. Witnesses in the case are not typically present at arraignments.

As with other court appearances, you should let your Miami criminal lawyer do the talking unless you are directly spoken to by the judge. Here's how the process of arraignment works.

1. First, you will be informed of the charges against you, in full. If you would like, the charges can be read to you. If you do not speak English, the court will provide a translator.
2. You will enter a plea: guilty, not guilty or no contest. In most circumstances, you should enter a plea of not guilty at arraignment, even if you plan to plead guilty later, so that a plea deal can be arranged. If you plead guilty, you will move straight forward to the sentencing phase. A no contest plea means that you are not admitting guilt but the court will treat it as a guilty plea in many respects. A not guilty plea will cause the court to set up a trial at some future date.

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 Posted on March 15, 2017 in Criminal Defense

In a major move recently, the Florida Senate Criminal Justice Committee voted that the money used to house offenders for the entire period of the current mandatory sentences is wasted. These mandatory sentences are being tossed out like free t-shirts at a baseball game and can seriously affect a person's life for a single mistake. For example, someone selling a few dozen prescription pills ends up with a mandatory 25-year sentence – a sentence that costs taxpayers $451,600 at around $18,065 per year).

Now, every Criminal Lawyer In Miami will likely be swamped with calls as offenders try to find out if their sentence is going to be reduced. This bill definitely moves away from the "tough on crime" mindset that has been the party line of conservatives and filled up Florida jails and prisons. It has also created a new class of people – those who have spent nearly all of their life in prison and may be institutionalized.

This bill will save the state $131 million and put over 1000 fewer people in jail over a year, according to Senator Daryl Rouson (D-St. Petersburg). It would also allow judges to pass out sentences other than the 118 mandatory ones that are now on the books. The bill does exclude drug traffickers but it restores the original sentencing commission which was disbanded in 1997, and limits the committee's powers to determining the severity ranking of their crime, which adds points to their jacket for some offenses. Violent offenses are not given any leniency however.

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