Posted on December 22, 2016 in Criminal Defense

Criminal Lawyer In Miami

In Miami, it's your right to receive constitutional protection from unlawful police searches and seizures. When building a case for their clients, a Miami criminal lawyer generally considers the three classes of encounters.

Consensual Encounters

In consensual encounters, the individual is allowed to refuse to interact with an officer. From the officer's perspective, it should be noted that police have the right to question the individual but the individual is not required to comply.

This situation only becomes an investigative stop when officers have good cause for suspicion. In this situation, you are within your rights to refuse to comply with questioning. Should you be the victim of an unlawful search, a criminal defense lawyer in Miami can be hired to uphold your fourth amendment rights.

Investigative Stops

Since the historical case of Florida v. J.L. and Brown, Florida's courts have upheld the principle that investigatory stops can be carried out only when an individual matches a very specific set of descriptions or with the aid of sufficient corroborating evidence.

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 Posted on December 21, 2016 in Criminal Defense

Avoid a Disorderly Charge This Holiday Season

Miami criminal defense attorneys are accustomed to receiving something of an avalanche of phone calls this time of year as revelers and New Years party-goers take to the streets. Many people are invariably arrested on the grounds of raucous behavior. Don't allow yourself to be one of those on the wrong side of the law.

Being drunk in public can result in the most unexpected of outcomes, not all of which lead to festive and joyful feelings. So by all means, hail a cab after a few drinks and take to the sidewalks to jump into the passenger seat of your ride home, just don't cause a public disturbance while you're at it. Although laws in Florida allow individuals to be intoxicated in public, loud behavior is treated as a 2^nd degree misdemeanor and can result in breach of the peace charges being laid against you.

The said breach of public peace laws in Florida can result in fines of up to $500 and land you in jail for as long as 60 days. Sobering facts for anyone who wants to avoid being locked up during the holidays. Other violations which a criminal defense attorney is accustomed to hearing include the use of obscene or abusive language, making excessively loud noises and of course, public brawling. Riots are less common, but constitute a serious criminal offense.

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 Posted on December 16, 2016 in Criminal Defense

In the state of Florida, Burglary is defined as the unlawful entrance into a residence, a business, or a structure without expressed permission by the property owner with the intent of stealing property or committing a crime. Remaining inside a residence, a business, a structure after the permission to remain inside has been removed with the intent of committing a crime while inside is also considered burglary.

Burglary Crimes in the State of Florida

In the state of Florida, there are three types of Burglary crimes:

1. Burglary of a Dwelling – A dwelling is considered to be any type of conveyance or structure that has a roof and is intended to be used as a residence.
2. Burglary of a Structure – A temporary or permanent building, of any kind, that has a roof and walls.
3. Burglary of Conveyance – A conveyance is considered to be any type of motor vehicle, ship, railroad car, trailer, aircraft, sleeping car or vessel.

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 Posted on December 01, 2016 in Criminal Defense

If you have been charged with any crime in the state of Florida, contacting a criminal lawyer in Miami is critical. A criminal charge can have serious ramifications, including costly fees, jail time and a permanent record.

Whether it is your first offense or you are a repeat offender, Miami criminal defense lawyers can challenge the charges that have been brought up against you on either constitutional, statutory or administrative grounds.

Types of Defenses for a Criminal Charge

Whether they are challenged on constitutional, statutory or administrative grounds, the defenses used to challenge a criminal charge will fall into one of two categories:

1. Pretrial Defense
2. Trial Defense

Pretrial defenses are those defenses that are raised before a case proceeds to trial. Their goal is to call into question the legality of how the evidence that will be used against you was obtained, and whether that evidence was sufficient enough to charge you with the crime.

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 Posted on October 20, 2016 in Criminal Defense

Have you been arrested and charged with disorderly conduct in the state of Florida? If so, you are going to need the legal guidance of a Miami criminal defense attorney.

Under the Florida Statute 877.03, disorderly conduct occurs when a person:

• Commits any act that corrupts the morals of the public, outrages the sense of public decency or impacts the peace and quiet of anyone else who witnesses the act
• Is involved in fighting or any other physical altercation, or commits any other act that is considered to be a breach of peace

Consequences for a Disorderly Conduct Charge

In the state of Florida, the crime of Disorderly Conduct is considered a second degree misdemeanor. If you are convicted of this crime, you could be sentenced to up to 60 days in jail, up to 6 months of probation and up to $500 in fines. A judge has the right to impose any combination of these penalties on you, as he sees fit.

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 Posted on October 19, 2016 in Criminal Defense

A Schedule IV drug in the state of Florida, being caught with any amount of Xanax – even just one pill – is considered a third degree felony. As such, the consequences for being found in possession of Xanax are costly and detrimental.

Consequences for Xanax Possession

Because Xanax possession is considered a third degree felony offense in the state of Florida, the consequences for being caught with it can be severe. If you are found guilty, your punishment could include up to:

• Five years in prison
• Five years of probation
• A $5,000 fine

Assigned as a Level 3 offense under the state of Florida's Criminal Punishment Code, a judge could sentence anyone who has been convicted with the possession of Xanax to probation; however, he or she also has the option to impose a lengthy sentence that goes up to the statutory maximum.

Additionally, any person who is convicted possession of Xanax will have lose their driving privileges for two years by the Florida DHSMV.

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 Posted on October 04, 2016 in Criminal Defense

In the state of Florida, domestic violence is taken very seriously by law enforcement officials. Domestic violence is considered a very dangerous crime and, depending on the circumstances, can result in a felony charge. If you were charged with domestic violence, contacting a Miami criminal attorney is in your best interest. A domestic violence attorney will represent your case, will protect your rights, and will work toward having your charges reduced.

What is Considered Domestic Violence in the State of Florida?

Florida statue 741.28 considers any of the following actions domestic violence:

• Assault and aggravated assault
• Battery and aggravated battery
• Sexual assault and battery
• Stalking and aggravated stalking
• Kidnapping
• False imprisonment
• A criminal offense that results in either physical injury or death
• The abuse and/or battery of a current or former spouse
• The abuse and/or battery of any person that is related by either blood or marriage, anyone who resides together as a family

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 Posted on September 27, 2016 in Criminal Defense

Getting behind the wheel of a car just seems so natural that many people forget driving is a privilege. Whether it's too many speeding tickets or failure to pay a ticket, the government has the right to suspend the license of anyone who fails to follow the rules of the road.

A suspended license can certainly make life challenging, which is why many people continue to drive despite the fact that they have lost their driving privileges. In the state of Florida, there are an estimated 2.2 million people whose licenses have been revoked or suspended, and many of them continue to drive. If you have been arrested from driving with a suspended license, contact a criminal defense lawyer in Miami immediately.

Driving with a revoked or suspended license is risky business. Depending on the situation, it could result in hefty fines and possible jail time. The penalty depends on the offense. For example, someone who has their license suspended without their knowledge would be found guilty of a civil infraction, which bears a monetary consequence; however, the offense may be dismissed if the individual obtains and presents a valid driver's license. On the other hand, someone who is caught driving with a suspended license and knew of the suspension will likely be found guilty of a criminal offense. The penalties will vary and are dependent on whether it is a first offense or if has happened more than once.

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 Posted on September 19, 2016 in Criminal Defense

If you haven't been living under a rock for the past few years, you are probably already familiar with the TV series Breaking Bad. That series alone summed up the process of laundering massive amounts of money earned from illegal activities. If you or someone you know is facing charges of money laundering, you should get in touch with a Miami criminal lawyer without delay. Now we have all heard that crime doesn't pay, but the truth is that at times the financial rewards have outweighed the effort and investment. The only problem is that most of this money is "dirty" and cannot be traced back to any legal source of income like a job, investment, or other earnings. In order to keep this cash usable, individuals ranging from small time drug peddlers to scammers who rake in millions of dollars partake in an activity commonly known as money laundering. Money laundering is exactly what it sounds like – "cleaning" money so that it appears to have been earned from a legal source. Now that we understand what money laundering is in basic terms, let's take a look at how it is done.

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 Posted on August 31, 2016 in Criminal Defense

One of the biggest challenges you can face in your lifetime is being involved in a criminal case. The judicial system needs to follow a lengthy list of procedures in order to establish innocence or guilt, and complying with those procedures is the only way to ensure your side of the story is heard. While you may have heard from internet experts about how easy it is to represent yourself and win a case that will "show them all", the truth is that the criminal justice system is complicated. Unless you hire an experienced criminal lawyer or DUI lawyer, if the matter involves a DUI, who specialized in the types of situations you are currently dealing with, a dismissal or other type of favorable outcome can be highly unlikely at times. A top ranking Miami criminal lawyer will not only have the knowledge and skills required to represent your case in a better manner; he or she will also have access to vital resources that can turn the case around in your favor.

What Rights Do You Have in the Criminal Process?
Now before you have the opportunity to hire a Miami criminal defense attorney, chances are you may receive a visit from a law enforcement officer representing a state or federal agency. In this type of situation, it certainly helps to know what your rights are in the criminal process and exercise them. This is one way of making sure that you don't end up facing extra charges against you, and it also ensures that you fully exercise your constitutional rights as a citizen.

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