Posted on February 09, 2017 in Criminal Defense

The laws dealing with the collection of evidence in sexual assault cases have undergone some important revisions recently. Effective from 1 January 2017, Bill 636 will impact the way evidence is collected in pending sexual offense cases.

This makes it crucial for those accused of such crimes to seek the counsel of a knowledgeable Miami criminal lawyer. Not only will this ensure a fair trial, but it will also guarantee that the prosecutor follows the stricter procedural guidelines set out under the new bill.

New requirements for Law Enforcement Agencies

Under the Bill, the Florida Department of Law enforcement requires law enforcement agencies to submit sexual assault evidence kits:

• Within a month of receiving evidence or
• Within a month of receiving the request for testing.

In the event that an assault evidence kit is not used, it falls upon law enforcement to provide DNA evidence within a 30-day period. This window period comes into effect after receiving evidence or after the request for testing available evidence has been issued by the above individuals.

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 Posted on February 07, 2017 in Criminal Defense

When we're blindsided by the glare of blue police lights in our rear view, a common reaction is to break into a cold sweat. This isn't only true for guilty individuals. It's quite natural for most of us. After all, no one wants to be on the wrong side of the law. The first and most obvious step is to search for a place to pull off. But step two, whether you're guilty of a crime or not, is to remain calm in the events that follow. This always produces the best results, and remember, you do have rights which exist to protect you. Recall the following rights to mind if you ever find yourself pulled over by the police:

• The right to remain silent (This includes all passengers too)
• The right to refuse consent to search of your car or your person
• The right to a lawyer in the case of an arrest
• Constitutional rights, regardless of your immigration status

When Facing Questions on your immigration status:

Whether you are a supporter of new immigration policies in the US or not, the recent election of Donald Trump makes this question especially relevant today.

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 Posted on February 03, 2017 in Criminal Defense

In the event that you're about to be arrested or placed under investigation, the run-up to charges being filed can be an especially daunting period. What remains unknown to many people is that this is an opportunity to be proactive, rather than passively awaiting for charges to be filed and hoping for the best.

Pre-filing representation provides a very good reason to make contact with a criminal lawyer in Miami as soon as possible. This process involves providing evidence that can change the nature of charges before they are filed, or potentially eliminate the need for charges to be filed altogether.

Situated at the Miami State attorney's Office is a pre-filing unit whose purpose it is to assess felony charges brought against members of the public. Using the evidence at their disposal, that state functionary decides which of those charges, if any, are valid before the defendant goes to court.

In the event that you have been accused a crime, an experienced criminal lawyer in Miami can be hired to establish communication with the state attorney. Once this has been achieved, our criminal defense law firm in Miami will be in a position to submit a well constructed memo detailing the facts of the case from your own perspective.

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 Posted on February 01, 2017 in Criminal Defense

More good news for Florida's medical marijuana advocates could soon be a reality. Senator Rob Bradley proposed a new plan on the 26^th of January which, if enacted, could effectively see the plant being used legally for a greater number of individuals than ever before. The plan aims to slacken restrictions placed on medical usage of the drug as well.

Bradley's proposals also aim to do away with the legal waiting period of 90 days, during which doctors are currently obliged to treat patients before they're allowed to prescribe Marijuana for medical purposes. However, patients would also be allowed larger prescriptions if his suggestion is actioned, with the treatment amount being increased from a 45-day prescription to a 90-day prescription. Some forms of edible marijuana packaged to attract children would however be banned.

As of yet it's not easy to tell the full the number of legally treatable diseases which would be included under the plan, but it appears at this point that this will be extended to include any conditions which cause chronic pain. This will have specific relevance for anyone who needs to hire a Miami medical marijuana lawyer to help them push for the treatment of their disease. While doctors currently have to undergo 8 hours of training to prescribe medical marijuana, the Senator's proposal would see this cut down to 4 hours.

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 Posted on January 24, 2017 in Juvenile Crimes

Unfortunately, it is a story that is not uncommon: those under the age of 18 are charged with a crime for various reasons, serve time in Juvenile Detention, and then are released. Once released, they try to move on with their lives, trying to become active and productive members of society. Unfortunately, the monetary fines that are associated with juvenile charges often follow them into their adult lives, burdening them with financial obligations and making the difficulties they already face even more challenging.

In the past few years, a lot of research has been conducted to determine how the charges and fees that people face in the adult criminal justice system are leading them into serious financial difficulties. Because of these financial challenges and the high cost of legal fees and fines, all too many individuals are arrested and serve lengthy prison sentences – likely as a domino effect from being in such a significant financial hole. The people who are impacted the most were arrested and charged with minor infractions, served a sentence in a juvenile corrections facility, and are ordered to pay astronomical fees that they simply cannot afford.

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 Posted on January 23, 2017 in Criminal Defense

It's a nightmare scenario for most parents: their children board a bus to go to school and the bus is involved in an accident. The only thing that could make this nightmare worse is finding out that the bus driver – the individual who parents had entrusted to safely transport their children to school – was driving under the influence of alcohol or narcotics. For parents in Pinellas County, Florida, this nightmare became a reality.

Dorothy Lynn Burse, the driver of the school bus, was driving west on the inside lane of 54^th Avenue North at about 3 pm on January 3, 2017. As she approached a red light at 66^th Street North, she stopped the bus and it was hit from behind by a driver in a Nissan.

The driver of the Nissan fled the scene, and the search for the driver is still underway. Fortunately, no injuries were reported, which was a sigh of relief for all parents of those children on board the bus. However, what made this horrific incident even more horrifying for parents is what they later found out: the driver of the bus was charged with a DUI by state troopers. According to reports, Burse was under the influence of a controlled substance while she was operating the bus and is not only facing DUI charges, but child neglect charges as well. Burse is scheduled to appear in court and has a bond that was set at $20,500, as per her jail records.

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 Posted on January 20, 2017 in Criminal Defense

It may come as a surprise to many, but in 2016, marijuana sales grew at an alarming rate. A total of $6.7 billion worth of marijuana was sold legally in both the United States and Canada – that's a 30% increase of the legal sales of marijuana in just one year. And, as unprecedented as those numbers may seem to be, they are nothing when they are compared to the sales that are projected from now until 2021; it is estimated that the sale of legal marijuana will grow to more than $20.2 billion between 2016 and 2021. That's a $13.5 billion increase in sales in just five years.

To put this rise in the legal sale of marijuana into perspective, the growth is bigger, and at a more rapid rate than the rate of growth during the "dot-com" era. During that era, the GDP rose at a rate that had never been seen before; 22%. So, when you think about how much the legal sale of marijuana is projected to grow – at a rate that is even higher than one of the biggest growth rates ever in history - you can really see how impressive these projected sales increases are. Tom Adams, the editor-in-chief of Arcview, said the only areas that he ever witnessed reach a $5 billion yearly increase in spending were in the sales of cable TV in the 1990s and broadband Internet in the 2000s. Troy Dayton, the Chief Executive Officer of Arcview said one of the biggest reasons why the growth of marijuana sales has spiked in 2016 is because of edibles and concentrates. He noted that these are quickly becoming the preferred way to consume marijuana; people prefer these ingestion options over traditional smoking.

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 Posted on January 19, 2017 in Criminal Defense

There has been an unprecedented rise in gun violence in the United States in the past few years. In 2016, the number of shootings rose dramatically, and it doesn't look like this violence is going to get much better in 2017.

While countless people hope for good things to come in the New Year, thousands of people had their hopes squashed, thanks to a gunman who went on a shooting spree in a Fort Lauderdale-Hollywood International Airport in the first week of 2017. His violent shooting spree lead to the murder of five people, injured many others, and left thousands of other people mentally and emotionally scarred; and the rest of the nation – and the world – reeling.

Twenty-six-year-old Esteban Santiago was taken into custody for the Fort Lauderdale-Hollywood International Airport shooting spree. According to a top Miami criminal defense lawyer, Santiago will very likely be facing murder charges for the five people that were killed at the hands of his gun. Furthermore, Santiago could be facing even more criminal charges, including assault, weapons offenses, and attempted murder. The case against Santiago can also be brought into federal court by the U.S. Attorney's Office.

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 Posted on January 16, 2017 in Criminal Defense

If you have been arrested in Miami, the decisions that you make after can have lasting implications. You may have to serve a jail sentence, pay hefty fines, lose your driver's license, or face probation; and those are just a few of the consequences that you could be facing whether you were arrested for a misdemeanor or felony charges. One of the most important decisions that you can make after being charged with a crime in Miami is to seek the legal counsel of an experienced Miami criminal defense attorney who has a proven track record of success.

How a Miami Criminal Defense Attorney Can Help

If you have been charged with a crime in the state of Florida, whether it is a misdemeanor or a felony offense, having the best legal representation possible is essential to obtain the best possible result for you.

A criminal defense attorney will have your best interest at heart and will be able to fully advise you of all possible options for a defense. He or she will fully assess your case and establish your role in the charges that you are facing. Your attorney will determine the best possible defense to prove your innocence for the crime(s) that you have been charged with. A lawyer will guide you through the legal process, negotiate with the prosecution, file any appropriate legal motions, and argue on your behalf in front of a judge or jury.

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 Posted on January 10, 2017 in Criminal Defense

In the state of Florida, a petit theft refers to the taking or using of property that is valued to be worth $300 or less. The property or item must be taken with the intention of depriving the owner of the property temporarily or permanently. In Florida, the crime of petit theft constitutes a misdemeanor offense. Although it may only be a misdemeanor, if you or someone you know has been arrested and charged with petit theft in Miami, it is strongly advised that you seek the advice of a Miami criminal defense lawyer as soon as possible.

Penalties for Petit Theft in Florida

For a first-time arrest for petit theft, the law is that it constitutes a second-degree misdemeanor. The charges for a first offense can include:

• Up to sixty days in jail
• A driver's license suspension up to six months

For a second offense, petit theft can be charged as a first-degree misdemeanor, with penalties that can include:

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