Posted on August 25, 2016 in Criminal Defense

Florida 10-20-Life

Florida has a reputation for tough laws and a no tolerance policy on crime. Among these tough laws is the 10-20-Life law which was designed in an effort to control gun related crimes in the state. This "zero tolerance" law applies to persons who are in possession of a firearm while committing or attempting to commit a crime. The law applies to a large number of situations and can be used to throw the book at individuals involved in all kinds of crimes. The 10-20-Life law gives judges the power to impose a mandatory minimum sentence of 10, 15, 20, 25 years or life in prison depending upon the nature of the crime committed. As such, it is important to have a professional criminal lawyer in Miami on your side. If you or someone you know is facing criminal charges involving a weapon, it is a good idea to get in touch with a Miami criminal defense attorney without further delay.

Understanding the 10-20-Life Law

Florida's 10-20-Life law applies to a number of different situations and the outcome following a conviction may vary depending on individual circumstances from case to case. With that in mind, it is best to consult with a criminal defense attorney in Miami for more information.

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 Posted on August 17, 2016 in Criminal Defense

Drunk Driving

Everyone enjoys a drink or two, but one of the most dangerous and reckless situations people can get themselves into is drunk driving. Also known as Driving Under the Influence, or DUI, drunk driving can cause serious problems. In addition to the obvious risk of serious bodily injury or even death, there is always a risk of damaging your own property or the property of others. A DUI charge also shows up on background checks and is looked upon unfavorably when you are applying for jobs or training in certain areas. It is also taken as a negative against leadership roles which require "exercising sound judgment" and a "good moral character" – the list goes on and on. The State of Florida is strict against drunk drivers. If you or someone you know is facing DUI charges in the Miami area, contact our office now to get in touch with a Miami DUI lawyer.

Florida DUI Statutes:
In the state of Florida, Driving Under the Influence of alcohol, chemicals, or controlled substances is defined as:

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 Posted on August 08, 2016 in Criminal Defense

Petit Theft Lawyer

The State of Florida is known around the country for its tough stance on crime, and the case is no different with Petit Theft. Petit Theft or Petty Theft is used to describe taking or using property valued at under $300 without permission of the rightful owner. In today's fast paced environment where you barely have time to give things a second thought, it can become easy to forget or carried away when buying items or using someone else's property. However, that does not excuse the intentional removal of items that belong to someone else. If you or someone you know has been arrested for Petit Theft and is awaiting trial, it is time to get in touch with a Miami petit theft attorney who specializes in theft and larceny related cases.

Statues on Petit Theft in Florida:
The State of Florida defines theft as taking or using someone else's property or belongings while having a criminal intent. Theft includes knowingly obtaining or using, or attempting to obtain or use the property of another person with intent to permanently or temporarily deprive them of that property. It also includes using another person's property in order to get benefits from it without permission, and appropriate the property to yourself without being entitled to do so.

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 Posted on August 05, 2016 in Criminal Defense

As one of the larger states in the country, Florida has one of the highest numbers of drivers in the region. With more vehicles out on the roads every single day, it also means more traffic violations occur. Depending on the nature of the offense, a driver may be issued a citation and fined a certain amount. Failure to pay the fine, appear in court for the ticket, or to attend court ordered mandatory driving classes can result in the suspension of a license. It is important to point out here that more than one specific instruction can be included on a single ticket. Failure to comply with these instructions or pay the required fine may result in a suspended license. A license may also be suspended if the traffic stop was a part of a misdemeanor or a felony charge. In these cases, a qualified attorney from a Miami criminal law firm may be able to help.

What Exactly is the D6 License Suspension?

A D6 license suspension means an indefinite suspension of driving privileges. This is not only a major inconvenience during everyday life, but it also creates hurdles in applying for a job, getting to and from work, taking care of your family, and generally getting your life back on track.

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 Posted on July 20, 2016 in Criminal Defense

A prostitution arrest is an embarrassing charge for any party engaging in a sex for money transaction. Clients who have hired me are frequently concerned about others discovering their arrest. I understand the sensitive situation those arrested for prostitution are in. A prostitution arrest can have devastating consequences if discovered by family, spouses, friends, work colleagues, or fellow students. In Miami, prostitution stings are commonly conducted by local law enforcement agencies on both the Johns and prostitutes. Our criminal defense lawyer is a former prosecutor who headed the Misdemeanor Screening Unit at the Miami Dade State Attorney's Office and were responsible for charging all misdemeanor prostitution arrests in Miami Dade County. He has the experience to work for the best resolution to your prostitution case and he wants to help.

Common Prostitution Stings in Miami

Prostitution stings are common in Miami due to high levels of prostitution offenses being conducted in certain high traffic areas. Various law enforcement agencies commonly attempt to pick up Johns and prostitutes on highly trafficked roads such as SW 8^th Street, Flagler Street, NW 79^th Street, Chrome Avenue, Collins Avenue, and Washington Avenue. If you have been arrested as part of a street detail sting, consult with a Miami criminal lawyer immediately to discuss your case.

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 Posted on July 19, 2016 in Criminal Defense

Bench Warrants

Warrants are orders from the court directing law enforcement to take someone into custody and hold them until a cash bond is posted or until they appear before a judge, depending on the type of warrant. Warrants are issued by county and circuit court judges after a defendant fails to appear for a court hearing. The two commonly issued warrants in Miami courts are bench warrants and alias capias warrants. Bench warrants are issued for misdemeanor crimes and are issued by county court judges. Alias capias warrants are issued for felony crimes and are issued by circuit court judges. All Miami defense lawyers would likely agree that bench warrants tend to be easier to remove than alias capias warrants (though no warrant should be taken lightly).

Bench Warrants in Miami

Bench warrants are issued frequently in Miami because defendants either forget to appear for court or because they were arrested while visiting Miami and return to their home without addressing the charges, believing their case will go away on its own. If someone has an open bench warrant in Miami and they come into contact with law enforcement they will be taken into custody, processed through the jail, and may be released upon payment of a cash bond or appearance before a judge. In most instances, with the help of a criminal defense attorney, bench warrants can be removed without the defendant being taken into custody.

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 Posted on July 14, 2016 in Expungement

Sealing or Expunging

Sealing or expunging a criminal record in Florida is a popular method of concealing one's criminal history from the public eye or potential employers. Sealing a record in Florida means the criminal record is placed in an envelope, with the envelope later sealed and sent to a storage facility. The individual's record when sealed will also be removed from the public court online database. An expunged record is almost the same as a sealed record but the record is supposed to be destroyed instead of simply placed into an envelope and sealed. In the opinion of most criminal attorneys in Miami, an expungement is in most circumstances preferable to a sealing.

While circuit and county courts in Miami-Dade grant Orders to Expunge criminal records, the determination of whether an applicant is eligible for a sealing or expunging is made by the Florida Department of Law Enforcement.

Difference Between Sealing and Expunging a Criminal Record

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 Posted on July 12, 2016 in Criminal Defense

Pre-Filing Representation

Recently a client called into our office seeking the representation of a criminal defense lawyer in Miami. The client had been arrested a few days earlier in Miami-Dade County and figured it would be best to hire a local lawyer to represent him. He was absolutely correct. The client's arrest was for aggravated assault with a firearm where the firearm was discharged in the course of a crime. In terms of criminal charges this crime is as serious as they come due to the 20-year minimum mandatory sentence imposed in the event of a conviction.

Aggravated Assault with a Firearm

This client had never been arrested before this incident and had zero contact with the criminal justice system yet he faced 20-years in jail if convicted of aggravated assault with a firearm. The allegation against the client was that he was frustrated with juvenile criminal offenders hanging around his mother's apartment due to their drug use and criminal activity. He allegedly told them several times before to leave the area. Allegedly the client got fed up with their activity and showed them a pistol and threatened if they ever came around again he would use the pistol, then firing a shot into the air as the juveniles fled. Hiring a Miami criminal defense attorney shortly after his arrest probably saved this client from serving 20 years in jail.

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 Posted on July 11, 2016 in Violent Crimes

Assault and Battery

The crimes labeled as assault and battery are commonly charged throughout the country and have different meanings in various jurisdictions. In most jurisdictions assault and battery are two separate crimes and in other jurisdictions the crimes are lumped into one. In Florida, and Miami-Dade County specifically, the crimes of assault and battery are two very different and distinguishable crimes.

What is Assault?

Assault occurs when a defendant:

• Intentionally threatens, verbally or by physical act, another person;
• The defendant has the apparent ability to carry out the threat; and
• The threat creates a well-founded fear in the person that such violence is "imminent."

A classic example of assault would be a situation where a defendant is standing in front of another person, threatens to punch the person in the face and then throws a punch in the direction of the person but misses because of bad aim. In this situation even though the person was never actually struck by a punch, the defendant committed the crime of assault.

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 Posted on July 08, 2016 in Criminal Defense

The concept of "immunity" is one we have all heard discussed in movies, songs, and television shows. In the most common portrayals a person is accompanied by their criminal defense lawyer and begs police officers for immunity with the promise of information related to the criminal activity of others. We've all seen this situation play out time and time again. Unfortunately, it is this incorrect understanding of immunity that gets many defendants in trouble.

Prosecutors Grant Immunity, Not Police Officers

Frequently police officers will promise immunity or lead the suspect to believe they will receive immunity if the suspect "just cooperates." This negotiation takes place without the supervision of a criminal lawyer and once the police officer hears the information they want the handcuffs go on the suspect. Police officers are allowed to lie to suspects when interrogating them. They are allowed to say they have evidence they don't really have. They are allowed to say they have cooperating witnesses they don't really have. And finally, they are allowed to promise to let someone go if they "just cooperate."

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