Posted on March 14, 2017 in Criminal Defense

Florida continues its battle with heroin addiction and fatalities are on the rise. In Miami-Dade County, there have been 236 heroin overdoses recorded in 2015. One county in Florida reported that in 2014 there was a massive 40% spike in fatalities that involved heroin. In that one region, there were 36 additional deaths from overdose.

Nearly every county in Florida is reporting increases, particularly in the central and southern regions, with the fatality rate in those areas higher than it has been since the 1970's.

But the abuse of heroin, and it's oftentimes precursor Opioids, starts quite often with actual pain. Right now, more than 100 million Americans are being treated for chronic pain and this pain can make life unbearable for some people.

Often, these legitimate pain patients will seek help from their doctors in the form of pain medication. If their doctor prescribes opioids, they can become dependent upon it. That's why so much of an effort is being undertaken at the moment to find new ways of treating chronic pain.

Continue Reading ››

 Posted on March 13, 2017 in Criminal Defense

As of the Senate Committee Hearing held last Tuesday, there is now a plan in place to protect those who have been witness to a murder. Two weeks earlier, House members approved the exact same plan unanimously.

The bill is called SB-550 or the "witness protection bill" and it passed through the Senate Criminal Justice Committee with a 4-3 vote. Some senators were critical of the bill and had reservations about it. The deciding vote was Sen. Darryl Rouson (D-St. Petersburg) who supported the bill, although he said that he had his own concerns about it. The bill would make the identity of murder witnesses confidential and out of public records for up to two years after the crime was committed. "I think we need to be extremely careful when we abridge freedom of the press," Rouson said, defending his concerns about the bill.

But those who support the bill like Representative Cynthia Stafford (D-Miami) say that the proposal is worth withholding that information because it might save lives. She says that law enforcement agencies could offer better protection with this public record exemption and that means that more witnesses will come forward and more killers will be off the streets. In many neighborhoods, people don't come forward out of fear of retaliation.

Continue Reading ››

 Posted on March 09, 2017 in Criminal Defense

When you are found guilty of a crime, you are often sentenced to probation in addition to, or in lieu of, jail time. But did you know that in some instances, you may be able to get released from your probation in the State of Florida before you have reached the actual end of the term of supervision?

The legal term for the court pleading that may get you off your probationary early is a Motion for Early Termination of Probation, commonly known as a Motion for ET. Early release from probation is obviously what everyone on probation in Florida would like to see happen, but it isn't granted to everyone. In fact, there are some conditions that must be met before the motion should be filed:

• All restitution must have been paid
• All community service must have been completed
• Any counseling or class recommendations from the court must have been followed
• All court costs and fees must have been paid
• Typically, the original probation period should be at least 50% completed.

Continue Reading ››

 Posted on March 08, 2017 in Criminal Defense

More than 300 people showed up to protest the current state of medical marijuana recently, among them doctors, patients and even those who would be growers if the law allowed. They all attended a meeting about the proposed rules for medical marijuana.

Many people have been concerned about medical marijuana use, and many of those who have been arrested for possession of marijuana would be able to use it legally for a medical condition if the rules were changed. A medical marijuana lawyer or a medical marijuana law firm may be exactly what is needed for those people.

The Office of Compassionate Use is the organization that regulates medical marijuana in Florida and they have decided to hold public meetings throughout the state to hear new ideas on marijuana legislation. This most recent one was at the Broward County Health Department. They were expecting about 70 but more than 300 people showed up to speak.

In November, voters passed an amendment allowing medical marijuana for patients with certain diseases like cancer, epilepsy, Crohn's disease, Parkinson's and more. The state has to figure out the rules that govern this new law by July 1, 2017. They'll need to decide things like whether to expand the number of growers and how to allow medical marijuana to be distributed, as well as the number of distribution facilities. The public said they wanted the following on the open meeting last Tuesday:

Continue Reading ››

 Posted on March 08, 2017 in Criminal Defense

There is a lot of protesting going on right now, particularly with some of the things that President Trump has been doing. These organized protests are happening all over the country and that includes Florida.

But you need to know what your rights are as well as your responsibilities when it comes to protesting; that way, if you are unfairly treated by law enforcement or kept from your legal right to protest in some other way, you will know your rights.

You may need the services of a Miami criminal defense lawyer in some cases, because a Miami criminal attorney can protect your rights if they are violated during a protest. Here is what you need to know about protesting in Florida.

First, you have every right to protest in Florida. Every citizen of the United States has the right to peaceful protest. However, the government may decide where, when and in what fashion protests can be held in the interest of public safety.

You also have the right to speak freely and say pretty much anything you want. The only thing that you do not have the right to do is try to incite a riot or provoke people into illegal activity. Also, malicious speech against public officials is not protected by the constitution.

Continue Reading ››

 Posted on March 06, 2017 in Criminal Defense

If you found yourself in the middle of a situation where you had a little too much to drink and got pulled over by the police, who tested you at over the limit, you are probably facing a DUI and that means you need a Miami DUI lawyer. But before you start searching Google for one, there are some myths about DUIs that you should be aware of. Know the facts behind DUIs before you proceed.

First, you might believe that you are going to get a really harsh punishment that will affect you for the rest of your life. This may not be true. In many cases, especially when someone hires a Miami DUI law firm, the prosecutor may be willing to agree to a plea bargain which could mean a minor punishment, particularly if this is your first time.

You might also think that your BAC (breath alcohol content) means that it is an open-and-shut case. But again, with an experienced DUI attorney in Miami, this doesn't have to be the case. For example, did you know that two people with the same exact BAC can have different impairment levels?

Continue Reading ››

 Posted on March 02, 2017 in Criminal Defense

Medical marijuana law is on the books in Florida and if you have a qualifying condition, you might want to check with a medical marijuana law firm in Miami to help you get the medical treatment you need. Right now, the state of Florida is still in the beginning stages of rolling out the rules, and the first step is to decide who can sell the product. There are seven companies that are legally allowed to grow and sell marijuana currently. But a new bill being introduced allows more growers, which creates competition and lowers prices. The bill was filed by Senator Jeff Brandes (R).

The use of marijuana for certain medical conditions was passed by a large majority of Florida voters in November, but just like in every other state that has legalized marijuana, either recreationally or medicinally, there are problems to overcome.

Florida already allows a limited medical marijuana users to treat themselves with CBD oil, but part of this bill introduces new legislation that would allow medical marijuana users to smoke it in addition to being allowed to use the oil. Those seven companies previously mentioned are the manufacturers of that oil.

Continue Reading ››

 Posted on March 01, 2017 in Criminal Defense

If you ever have to get a Miami criminal defense attorney, you definitely want to understand the basics of how the court system works. One of the things that could happen to your case is a mistrial, a rare occurrence, but still an important one to understand. A Miami criminal defense attorney can help explain a mistrial in more detail, but here are the basics.

A mistrial is any trial that has not been successfully completed. It is when a trial is terminated rather than concluded, with a verdict and sentencing. The entire trial is voided and they have to start all over again. If you have a criminal attorney in Miami representing you, they can ask for a mistrial, as can the prosecution.

However, a mistrial can only happen under certain specific circumstances. Let's take a look at each of the ways a mistrial might occur.

• One of the members of the jury dies
• An attorney on either side dies
• Some kind of error happens during the trial that makes it an unfair trial for the defendant, and the judge cannot simply order the jury to ignore it.

Continue Reading ››

 Posted on February 16, 2017 in Criminal Defense

Under both Florida and federal law, intentionally providing false information in court is considered a criminal offense. That crime is called perjury, and although it's a relatively simple crime, it carries consequences which can be devastating for the accused. Perjury can be punished by imprisonment for up to 15 years.

If you have been accused or arrest for perjury, it's imperative that you meet immediately with an experienced Criminal Attorney In Miami to discuss the various legal alternatives or options available to you.

Under Florida state law, lying under oath is distinguished from lying in any other situation. Generally, the more serious the results of the lie and the context of it, the greater the penalty for perjury will likely be. Lying during official proceedings generally carries a penalty of up to 5 years and a $5,000 fine. However, lying during official proceedings in connection with a capital felony is a second-degree offense and can be enforced with up to 15 years of imprisonment.

Continue Reading ››

 Posted on February 16, 2017 in Criminal Defense

Florida has recently passed several new bills into law which are aimed at stemming the State's growing drug-addiction problem. The rise in opioid addiction rates is also a national phenomenon, but Florida's Senate Bill 422 (SB 422) is formulated with specific intent to curb what is regarded as a state-wide addiction epidemic among prescription opioid users. This bill effectively removes the ability of insurance companies to mandate the prescription of unlabeled opioid-containing medications if abuse-deterrent counterparts are available. The Bill was effective as of 1 January 2017.

What does this mean in ordinary language? In essence, it gives legal preference to abuse-deterrent medications. Labels don't change the inherent properties of these drugs. They simply point to the fact that properties attractive to addicts have been altered or removed to make substance abuse less rewarding.

A Potentially Difficult Scenario for Patients

With this in mind, it's possible that the new bill will drive a "hard bargain" with patients and insurance companies when it comes to providing the best medication for their needs. If you believe that your access to the optimal medication on the market has been compromised, it's possible to fight the priority use of particular FDA-approved drugs over your usual prescription medication. Such a decision would hinge on proving the original medication is a superior treatment. A dedicated criminal lawyer in Miami will burn the midnight oil to ensure your medical needs are met.

Continue Reading ››