Posted on January 09, 2017 in Criminal Defense

In the state of Florida, prostitution is illegal and considered a criminal offense. If you have been charged with prostitution, you may be worried about the implications that such a charge will have on you, the consequences you will face, and how such a charge will affect your future. If you or someone you know has been arrested for prostitution, seeking the legal counsel of a Miami criminal defense lawyer is in your best interest. With a Miami criminal defense lawyer, you may be able to beat your prostitution charge so that you won't have to deal with a conviction, probation, or even jail time.

Prostitution in Florida Defined

In the state of Florida, statue 796.07 is titled 'Prohibiting prostitution and related acts.' This means that offering or receiving the human body for hire for any sexual act is considered a criminal offense. Under this statute, any of the following acts are considered unlawful:

• Owning, establishing, operating or maintaining a place, building or structure for the intended purpose of sexual lewdness or prostitution

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 Posted on January 09, 2017 in Criminal Defense

Miami Criminal Defense

Have you been arrested for cocaine possession? If so, you are probably feeling overwhelmed, scared, nervous and unsure of what to expect. In the state of Florida, being in possession of cocaine in any amount is considered a felony offense. Even if you were only found to have a small bag with cocaine residue in it, you will still be charged with a third-degree felony in Florida. In fact, it will only remain a third-degree felony if the amount and circumstances surrounding the possession indicate that it was for personal consumption only. If there is probable cause that someone had cocaine with intent to sell it or more than a certain weight limit, the charge will likely constitute a second or first-degree felony.

Because an arrest for the possession of cocaine is considered a felony offense, the penalties and punishments that are associated with the charge can be severe. If you have been arrested and charged with cocaine possession, you are innocent until proven guilty and should immediately consult with a criminal defense lawyer. With the right criminal lawyer representing you, you will ensure that your rights are protected and that you are aware of all possible outcomes and options available to you throughout the legal process.

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 Posted on December 30, 2016 in Domestic Violence

Criminal Defense Lawyer Miami

In the state of Florida, an "injunction" is defined as a court order that prohibits or limits your ability to be in contact with another person. If you have been served with an injunction as a result of domestic violence allegations and you violate it, you will be charged with a first-degree misdemeanor, punishable by up to 364 days in the county jail. If you are facing such charges, it is imperative that you consult with an experience criminal defense attorney.

What is a Domestic Violence Injunction?

According to Florida law, a Domestic Violence Injunction is a court order issued as a result of a prior petition regarding domestic violence. An injunction will restrict or limit your ability to have contact, including physical or other forms of communication (email, letters, texts, social media, etc) with another person. The goal of an injunction is to protect both parties from possible physical or mental harm that may be committed by another person.

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 Posted on December 29, 2016 in Criminal Defense

Miami DUI Attorney

Have you or someone you know been charged with driving under the influence (DUI) of alcohol or drugs? Is it your first offense? If so, you are probably wrought with fear, wondering what will happen to your future. Will the charge affect your permanent record? Will you have to pay massive fines? Will you have to spend time in jail? How will the charge affect your livelihood?

These are legitimate concerns, but if it is a first offense, the outlook may not be as detrimental with the help of a top criminal defense attorney.

What is a First Time DUI Offense?

If you have been charged with a first-time DUI offense, it means that you have never been arrest or convicted for a DUI in the past. It does not necessarily mean that you have not damaged any property and that you have not injured anyone else. Additionally, a first-time DUI charge means that your blood or breath alcohol content level was at or above 0.08 BAC or there is other evidence that you were impaired at the time you were driving.

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 Posted on December 28, 2016 in Criminal Defense

Criminal Lawyer Miami

Whether it was a pipe used to smoke marijuana or a needle that could have been used to inject heroin, being found using or in the possession of drug paraphernalia is taken very seriously in the state of Florida. If you have been found using or are found to be in possession of drug paraphernalia, the first thing you should do is contact Miami criminal defense attorney with experience handling drug cases.

The penalties for possession or use of drug paraphernalia in the state of Florida can be steep; but, with a Miami drug paraphernalia attorney on your side, your future may not be as bad as you may be assuming.

What is Drug Paraphernalia?

According to Section 893.145 of the Florida Statues, "drug paraphernalia" is considered any product, piece of equipment or any other material that is used, or is intended to be used, to ingest illegal substances into the body. Paraphernalia can include items that are used to plant and cultivate legal substances; it's not a title that is only reserved for the instruments used to ingest illegal drugs/narcotics.

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 Posted on December 28, 2016 in Criminal Defense

Criminal Defense Attorney Miami

In Miami, grand theft is a felony offense, and can include serious penalties and have a lasting impact on your life. Because a grand theft charge is so serious, obtaining the representation of a criminal defense attorney is highly recommended.

What is Grand Theft in Florida?

Per Florida Statute, Section 812.014, grand theft is defined as an unlawful or intentional taking of property that is worth $300.00 or more. Grand theft constitutes a felony charge and can range from a third-degree felony to a first-degree felony.

The crime of grand theft occurs when:

• A person knowingly and illegally takes or uses, or plans to take or use, the property that belongs to another person,
• The act of taking the property was done so with the clear intent of either temporarily or permanently removing the property form the victim, whom the property rightfully belonged to.
• The property that was taken was valued to be worth at least $300.00.

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 Posted on December 28, 2016 in Criminal Defense

Being charged with Driving Under the Influence (DUI) can be complicated and have serious consequences, but an arrest and conviction for DUI manslaughter constitutes a felony conviction and carries a four-year minimum mandatory prison sentence as well.

If you have been charged with a DUI manslaughter in Miami, the very first thing you should do is consult with a Miami DUI Lawyer who has handled DUI related cases. An experienced criminal defense attorney will be able to guide you through the lengthy and complicated process of defending against allegations of DUI Manslaughter.

What Constitutes DUI Manslaughter in Florida?

Florida Statue 316.193 defines DUI manslaughter as any person found to be DUI at the time of an accident that results in the death of a human being or unborn child. Manslaughter is defined as the act of involuntarily taking someone else's life, and DUI manslaughter is the most serious of all DUI-related offenses. Not only do allegations of DUI manslaughter include legal ramifications, but it can also cause severe emotional distress on the accused individual.

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 Posted on December 26, 2016 in Criminal Defense

Criminal Attorney in Miami

In an age of increasing surveillance, yet another level of technology is being added to the growing list of surveillance methods employed by companies and police alike: facial recognition. Walmart is one of the first companies to do so in the US, though its system is currently only in its test stages. In the State of Florida such surveillance technologies are restricted. For the technophobes among us, this thought should provide some relief, especially since facial recognition technology is not yet completely accurate, and may result in wrongful prosecution. If you believe that you've been unreasonably prosecuted through the use of facial recognition technology, it may be worthwhile to hire a Miami criminal defense attorney to fight your case.

Google's Facenet system is a project which aims to produce enough data to generate accurate facial recognition technology through deep learning. As per 2016 studies, Google demonstrated that as the size of a sample group increases, accuracy begins to drop off. Within a group of 1 million people, accuracy drops to only 75%. Such facts can in theory form a useful basis for a defendant who hires a criminal attorney in Miami in the belief that they have been wrongfully accused of shoplifting.

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 Posted on December 24, 2016 in Criminal Defense

Have you, or someone you know been accused of serious assault in Miami? Were you in a position where self-defense was the only viable means of protecting your life or property? Maybe you've been falsely charged as the instigator while simply defending your home or vehicle. Fortunately the laws of Florida were created with such incidents in mind. Knowing your rights may be vital to your case and give you peace of mind even before you visit a criminal defense attorney in Miami. Here's a brief overview of Florida's "Stand Your Ground Law."

As its name implies, the case for your innocence can be made in certain cases by citing this law if your Miami criminal defense attorney can demonstrate that your property has been unlawfully intruded upon. In such cases, owners as well as lessees are within their rights to use deadly force instead of retreating. A criminal lawyer in Florida will however be required to prove unlawful intrusion. The law does not function as a blanket defense in all self defense cases, nor can it be cited as a defense against other lawful owners, lessees or title-holders of the property.

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 Posted on December 23, 2016 in Criminal Defense

Miami Criminal Lawyer

Firstly, the most obvious point needs to be made: Members of the public are prohibited from driving a vehicle without the appropriate license. This applies to any class of vehicle where licenses are required. An exception may however be granted if it is presented by a reputable Miami criminal lawyer when the individual was unaware that their license was revoked, suspended or canceled. Criminal lawyers in Miami may therefore be able to assist you in these circumstances.

Legal Precedents Drawing on Disagreement Regarding Vehicle Class

Because historically, there has been very little room for defendants to make the plea that laws relating to vehicle classes are vague, a criminal law attorney in Miami will not likely be able to assist a defendant on such grounds. This has been demonstrated in the State of Florida v. Melissa Meister. The appellee pleaded that she was not guilty of driving a moped with a suspended license on the grounds that the vehicle made use of pedals that allowed human propusion. Despite the vehicle's displacement being less than 50cc and its operating on less than 2 horsepower, the defendant's motion to dismiss the charges was not granted.

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