Posted on June 28, 2016 in Criminal Defense

Being charged with drunk driving is a serious offense that comes with serious consequences including hefty fines, license suspensions, a permanent criminal record, and even jail time. Although a DUI arrest can be a frightening and stressful experience, taking the following steps immediately after your arrest can help you survive this legal and emotional crisis.

Write Everything Down

Drunk driving cases are won or lost in the details. Be sure to write down everything that you can remember from your DUI stop and arrest. Memories tend to fade with time, along with important details that may help you win your case. Write down the following information:

• When and where you were pulled over
• The reason the officer cited for pulling you over
• Whether you were given a breath test
• What you told the officer about what you had to drink
• What sorts of field sobriety tests were conducted

Taking the time to write down all the details you can remember may help your attorney fight the charges and win your case.

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 Posted on June 22, 2016 in Juvenile Crimes

Every adult will likely agree that their adolescent years were among the hardest, and most confusing, of their lives. Teenagers all over the world are undergoing stressful changes, shaping their identity, experimenting, and seeking acceptance from their peers-and a lot of these motivations and desires may drive them to commit juvenile crimes like theft, trespassing, vandalism, drug offenses, or even more violent crimes. It's easy to condemn teenagers who have committed a crime, and blame their actions on stupidity and recklessness.

Fact is, juvenile crimes are attributed to several factors. According to Laurence Steinberg, an adolescent brain development expert at Temple University, the criminal justice system needs to rethink how juvenile crimes are handled. His research indicates that the adolescent brain is still in development, as we know, and juvenile offenses may be a little more out of their control than we think.

• Adolescents are more likely to take risks in groups. The risk doubles with friends or peers. The reward centers of the brain are activated with friends around, which motivates juveniles to take risks and commit crimes to impress their friends for reward and praise.

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 Posted on June 07, 2016 in Criminal Defense

Teanna Trump, whose real name is Keanna Nichelle Jones, was sentenced to 180 days in jail after pleading guilty to a misdemeanor marijuana charge. Originally charged as felony marijuana possession with intent to distribute, the misdemeanor charge was likely accepted as part of a plea deal for a reduced sentence.

Teanna Trump admitted herself on twitter that she "... got caught with 6lbs of weed I was in oaklohoma [sic]." The 20 year old adult film star from Indiana began her career in 2014 and also goes by the aliases Teanna West, Teanna Sweet, and Teanna Smiles. To date Teanna Trump has starred in over 50 adult films.

In Florida, under Florida Statute §893.13(6)(b), possession of up twenty (20) grams of marijuana is a first degree misdemeanor, punishable by a maximum penalty of 1 year in jail and a $1,000 fine. Possession of over 20 grams is considered a felony in Florida and carries a penalty of up to five (5) years in jail and a $5,000 fine. Frequently, first time offenders can be enrolled in a prosecution diversion program as long as the circumstances of the arrest don't indicate the defendant was dealing or cultivating marijuana. If the prosecution diversion program is successfully completed by the defendant, the State Attorney will dismiss the charges as part of the plea deal. An additional benefit is that once the charges are dropped, the defendant may qualify to have the marijuana charge sealed or expunged off their record.

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 Posted on June 06, 2016 in Criminal Defense

While marijuana is gradually being legalized in phases throughout the United States, drugs are still criminalized. There are different types of drug-related crimes, and each type of crime varies in severity.
Drug-related crimes can occur at a local, state, or federal level. The expense, severity, and ensuing punishment varies depending on the size and scope of the case, and the level of the court to which the charges are brought.
Most drug cases fall into these categories:

1. Cultivation/Manufacturing: Any individual will be charged with cultivation/manufacturing if they are involved in any step of the drug-growing or production process.
2. Distribution and Trafficking: If an individual delivers, provides, or sells any illegal drugs or substances, the individual is charged with distribution. Trafficking occurs in the illegal distribution or sale of controlled or illegal substances.
3. Possession: This is the most common type of drug charge, and usually pertains to marijuana possession in states where the possession of marijuana is illegal. If an individual has possession of an illegal drug without official permission or a prescription, it is referred to as "simple possession", and usually implies that there was no intent to distribute the drug.

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 Posted on May 31, 2016 in Criminal Defense

An arrest is a frightening moment in one's life but upon your release from jail you may realize the potential future consequences of your arrest are even scarier. Even if charges are dropped, an arrest record can ruin chances of getting a job, receiving loans, and much more. In the last twenty years, law enforcement agencies in the United States have made more than 250 million arrests, according to the Federal Bureau of Investigation. Every day, between 10,000 and 12,000 names are added to the list of arrests. Due to these outrageous arrest numbers, the Federal Bureau of Investigation has 77,700,000 people in their master criminal data base – almost 1 out of every 3 American adults.

While arrests are on the rise, access to arrest records has also been made easier. Banks, employers, higher learning institutions, landlords, and many others, can now routinely and quickly search arrest records online. In cases of a false arrest, where the arrest information was received by the FBI, there is no guarantee the FBI database will be updated when the charge is thrown out. Hiring a Miami criminal defense attorney is your best bet to ensure your arrest doesn't complicate your life more than it needs to.

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 Posted on May 25, 2016 in Criminal Defense

Two South Florida burglars took "having it your way" to another level Monday morning. At around 3:00 AM, two masked men broke into an Allapattah Burger King using a crow bar to pry open the drive-thru window. The two men headed straight to the safe with the proper tools to remove it in a timely fashion leading police to believe it was an inside job. The safe held an estimated $13,000 in cash. This robbery is believed to be connected to a similar one in Coral Way just two weeks ago.

What is Burglary?

Burglary, under Florida statute 810.02, is an offense comprised of three elements. In order to be found guilty of burglary, the state would need to prove all three beyond a reasonable doubt. Without all three elements present, the burglary claim will fail. First, you need to (1) enter a building, whether it being a dwelling or structure. Next and most importantly, you need to have (2) intentionally done so (3) in order to commit an offense while you are there. The burglars here, (1) entered the Burger King with the (2) intent, as shown by their use of crowbars, to (3) steal the safe.

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 Posted on May 24, 2016 in Criminal Defense

Former Miami Mayor Carlos Alvarez pleaded not guilty on charges of domestic violence last Wednesday in Miami Dade County. Alvarez allegedly grabbed and pinned his ex-girlfriend, who he had been involved with for over ten years, against the wall and spat at her. According to the arrest form, Alvarez developed a pattern of violence ever since he has been out of office. The former Miami mayor is currently out on bail and is anxious to get his side of the story out.

What is Domestic Violence?

The former mayor was charged with domestic violence battery. To better understand the term, it is easier if it is broken down. First, domestic violence is a charge brought against one household member by another household member. A household member could be any person that you are related to by blood or any person who you have lived with and acted as a family in the past or continue to do so today. The second part of the term is the offense, which covers, but is not limited to, charges including assault, battery, sexual battery, and kidnapping. In this instance, Alvarez faces battery charges. Battery can occur in two situations. The first is when you actually and intentionally touch or strike someone against their will. The second is when you intentionally cause bodily harm to another. Putting it all together with what happened here, the domestic violence distinction can be attributed to the long and intimate relationship Alvarez shared with the victim. The alleged battery will likely fall under the first half of the statute and occurred when Alvarez pressed the victim against the wall against her will.

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 Posted on May 17, 2016 in Criminal Defense

Being charged with a DUI is an extremely serious offense and it should be treated as such. You'll be charged a large fine and have your license temporarily suspended. A DUI will also increase your insurance rates and can even include jail time in some cases. Things become even more serious when you're given a guilty court verdict, as this can impact your employment options, financial future, and ability for international travel. However, a DUI does not have to be the end of your world.

With the expert legal services of the DUI defense attorney at Stroleny Law P.A., along with the following tips, you can survive the emotional crisis that is a DUI charge and come out strong in the end.

Write down every detail of your DUI arrest

The court will focus on three specific factors during trial: how you were driving when you were pulled over, how you looked and acted during questioning and sobriety tests, and the results of your field sobriety tests and chemical blood/breath tests.

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 Posted on May 17, 2016 in White Collar Crimes

When we think of dangerous crimes, we typically think of street crime: muggings, shootings, robberies, assaults, and so on. However, it is actually nonviolent corporate, AKA white collar, crime that inflicts more damage on society than all the violent street crime combined.

White collar crime includes offenses like fraud (healthcare, credit card, bank, immigration, mortgage, etc.), money laundering, practicing or contracting without a license, forgery, tax evasion, employee theft, and embezzlement.

Fraudulent crimes are among some of the most expensive in The United States. Healthcare fraud alone costs Americans between $100 and $400 billion every year and savings and loan fraud costs anywhere between $300 and $500 billion.

Corporate crime can also be violent, even though you might not expect it. An estimated 56,000 Americans die every year on the job from occupational diseases and tens of thousands of Americans die due to pollution, food contamination, hazardous products, and medical malpractice.

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 Posted on April 12, 2016 in Criminal Defense

After an arrest for driving under the influence, or DUI, defendants should consult with a criminal lawyer regarding their best options. Sometimes, when there is strong evidence against the defendant and all other legal avenues have proven to be unsuccessful, the case is resolved with a conviction. When convicted of a DUI there is always a fine that attaches to the sentence. Under Florida Statute, 316.193(2)(a)-(b), minimum and maximum fines are addressed.

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of.15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.)

Second Conviction: Not less than $1,000, or more than $2,000. With BAL of.15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.

Third Conviction: More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of.15 or higher or minor in the vehicle: Not less than $4,000.

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