Posted on March 29, 2016 in Criminal Defense

Donald Trump campaign manager, Corey Lewandowski, surrendered to the Jupiter Police Department in Florida after being charged with battery stemming from an incident with a reporter at a campaign event.

The alleged victim and professional reporter, Michelle Fields, filed charges against Mr. Lewandowski, alleging he pulled her arm while she attempted to ask Trump a question at an event at Trump National Golf Club in Jupiter, Florida on March 8.

Under Florida law, the penalties for battery could be as much as one year in jail and/or a fine of up to $1,000.

"Mr. Lewandowski is absolutely innocent of this charge," the Trump campaign said in a statement. "He will enter a plea of not guilty and looks forward to his day in court. He is completely confident that he will be exonerated."

A video of the alleged event has been leaked to mainstream media sources and appears to show no wrong doing on the part of Mr. Lewandowski.

If you or someone you know has been charged with battery, call Stroleny Law: Criminal Defense Attorney for your free consultation. Miami criminal lawyer Julian Stroleny, Esq., is here to answer all your criminal defense questions, 305-615-1285 .

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 Posted on March 23, 2016 in Criminal Defense

Every year, Miami's Ultra Music Festival is one of the city's premier events with attendance numbers expected to hit 165,000-170,00 people. People from all over the world come to enjoy the sights and sounds at the festival, tickets for the event sell out months in advance. For the event the City of Miami increases the police presence at the festival grounds, inevitably resulting in a spike in arrests for the three days the festival is held. For those attending Ultra, here is some advice from a criminal defense lawyer on how to best handle an interaction with the police.

1. First and most importantly, ask the police officer if you are free to leave or if you are being detained! Often, people are free to leave and are not required to interact with the police officer, yet they hang around and voluntarily give the officer valuable/damaging evidence. Get a clear answer from the officer, you are either free to leave or you are being detained, there is no middle ground. If you are free to leave, quickly and quietly walk away from the police officer.

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 Posted on March 08, 2016 in Criminal Defense

The biggest update in Florida medical marijuana news at the moment is related to the Florida legislature passing HB 307 in both the House and the Senate, sending the measure to Governor Rick Scott's desk for approval. This bill would expand Florida's failed Compassionate Medical Cannabis Act, signed in 2014, whose failed implementation has been criticized heavily by the public; with the law itself disputed by many lawsuits claiming corruption in the selection of distribution licenses. Two years after its passage, the Compassionate Medical Cannabis Act, or low-CBD law, has yet to benefit any qualifying patients in the state, leaving the medical marijuana community feeling misled by the Florida legislature. Criminal lawyer, Julian Stroleny, Esq. of Stroleny Law: Criminal Defense Attorney, refers to the updated HB 307 "as a poor attempt to undermine the residents of Florida from deciding on medical marijuana in November under Amendment 2. The politicians have shown they have no desire to actually get the medicine to those in need and have ensured when medical marijuana does come to Florida, those who profit from it will be their political campaign contributors."

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 Posted on February 12, 2016 in Criminal Defense

We all know cocaine possession is illegal in the State of Florida but penalties for possession quickly reach minimum mandatory sentences of many years and sometimes decades. As a criminal defense attorney I frequently handle cocaine possession cases ranging from under one gram to several kilos. Under Florida Statute § 893.135 anyone who "knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of cocaine" may face criminal charges if caught. Below is a table featuring the common cocaine possession charges along with the applicable minimum mandatory sentences.

Cocaine possession cases are serious matters that should be handled by attorneys with experience in drug defense. There are many available defenses to cocaine possession cases but only a criminal defense attorney should advise a client of what may be their best option. If you or someone you know has been arrested for cocaine possession feel free to call our office for a free consultation, 305-615-1285 .

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 Posted on February 05, 2016 in Criminal Defense

Aside from violent, financial, and drug crimes, a criminal defense attorney will frequently defend clients charged with sexual battery. Sexual battery in Florida covers a range of illegal activity, from inappropriate touching to what is commonly known as rape. In Florida, rape is referred to as sexual battery. A battery is an unlawful touching and therefore sexual battery is an unlawful touching that is sexual in nature. Other less known forms of sexual battery are sodomy and indecent assault. If you or someone you know if being accused of sexual battery, contact Stroleny Law: Criminal Defense Attorney at 305-615-1285 .

Defenses to Sexual Battery Charges

As a sex crime attorney, the most argued defense to sexual battery cases is voluntary consent. Meaning that at the time of the sexual conduct the victim had consented to the sexual touching. At some point after, the victim denied they ever consented, but consent cannot be withdrawn after the touching has ended. Florida laws do not allow for the use of certain defenses in cases of sexual battery. A criminal defense attorney is not allowed to use the victim's "unchastity" or discuss the victim's prior sexual conduct.

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 Posted on January 15, 2016 in Criminal Defense

As a Miami criminal defense attorney I have the honor of representing clients accused of every type of crime from drug possession to 1^st degree murder. Before I become their attorney, these individuals are typically in my office for a consultation as a prospective client. At those meetings I get to hear from my prospective clients about some of the wild past experiences with other Miami criminal defense attorneys and I want to share some of the "red flags" I warn my prospective clients about.

1. There is a big difference between a criminal defense attorney informing a client of the maximum jail sentence they are facing and a criminal defense attorney using that maximum jail sentence allowable by law to scare a client into retaining said attorney.

You have common sense and you know the difference between someone educating you and someone just trying to scare you. If the attorney mentions in your consult that you are looking at 30 years in jail they are probably just attempting to educate you. If your Miami criminal defense attorney is telling you "look you're facing 30 years in jail, you need me to handle this for you immediately", your instincts should tell you this attorney is probably not the right fit for you. When a client enters one of my offices I am well aware of why they are naturally uncomfortable in a criminal law office setting. Frequently our clients have never been in trouble with the law and being in a criminal law office seems scary to them. My staff is as friendly as someone could imagine, but regardless, prospective clients are uneasy. For an attorney to prey on this vulnerable moment in a client's life with threats of maximum jail sentences that the attorney knows will almost never actually materialize is highly unethical. Enough said on this issue, next point.

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 Posted on November 14, 2015 in Criminal Defense

Concerned about your recent DUI arrest? Looking for the right criminal defense attorney to advise you on what to do? For first time DUI arrests the Miami Dade State Attorney's Office offers a diversion program known as Back on Track. At the end of the program, if completed successfully, your charge is reduced from DUI to a reckless driving charge.

Not every DUI arrest is offered the Back on Track program. There are strict requirements and the right DUI defense attorney can sometimes assist you in being accepted to the program even if you don't meet the program requirements.

Back on Track Requirements for Entrance into Program

1. This must be a first DUI arrest for you
2. You cannot have caused an accident or injury to another person
3. There must not have been any minor children in the car
4. No open alcohol containers were in the vehicle
5. If you submitted to a breath test, no results higher than a 0.25 B.A.C
6. No prior felony on your record with a conviction or a withhold of adjudication

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 Posted on November 13, 2015 in Criminal Defense

Miami-Dade County Drug Court was set up in the summer of 1989 by administrative order of the chief judge of Florida's 11th Judicial Circuit. The Drug Court places defendants in a Treatment Program, monitors their progress, and decides whether they have recovered sufficiently to have their case dismissed. In essence, it is a treatment program overseen by a court.

Not every arrestee charged with a drug offense gets the chance to participate in Drug Court. Program eligibility is governed by Florida Statute 948.08(6)(a). To qualify, generally, a defendant must be charged with possessing or purchasing drugs, tampering with evidence (added 2001), solicitation for purchase (2001), obtaining a prescription by fraud (2001) and the state attorney must agree to diversion. Defendants who have a history of violent crime, have been arrested for drug sale or trafficking, or have more than two previous non-drug felony convictions (Administrative Order), are typically ineligible.

The program lasts for a minimum of twelve months, as per statutory requirement. Its main features are early identification of appropriate candidates, diversion from the ordinary course of prosecution, and keeping the case pending for a minimum of 12 months while the defendant rehabilitates him/herself from his/her drug addiction. This is done with frequent treatment, frequent court staff contact, relatively frequent court appearances for close monitoring by the judge, no prosecutorial use of tests, assessments, and written/oral admissions of drug usage, disinterest in the details of the pending charges, and use of incentives and sanctions, all leading to dismissal of charges earned by successful completion of treatment.

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 Posted on November 12, 2015 in Criminal Defense

In the State of Florida possession of less than 20 grams marijuana, also called cannabis, is a first degree misdemeanor, punishable by up to 364 days in jail or a year of probation. As a criminal defense attorney in Miami, I regularly meet with clients facing their first marijuana arrest. All too often, my client is facing a second or third marijuana arrest.

Whenever I meet with clients, it is my responsibility to explain their case will end in one of three ways: 1) a dismissal of the charges; 2) a plea; or 3) a trial. If the charges are not dismissed by the prosecutor, it is the client that gets to choose whether they want a plea or a trial. A criminal defense attorney should never force a client towards an option. Instead, our job as a criminal defense attorney is to advise and strategize with our clients to achieve their goals.

For a first time marijuana arrest, when the State's evidence against my client is strong, the option of Pre-Trial Diversion for marijuana can be a good choice for some clients. In Miami, the Pre-Trial Diversion or "PTD" program is managed by two private companies, Court Options and The Advocate Program. Different Judges use different programs.

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 Posted on August 19, 2015 in Criminal Defense

Former Subway spokesman Jared Fogle, accompanied by his criminal defense attorney, Ron Elberger, is scheduled to be released today after an appearance in court in Indianapolis in connection to the federal criminal charges against him that he formerly paid for sex with minors and received child pornography.

At his initial appearance in the Indianapolis Federal Courthouse, Fogle confirmed that he received the charging documents and fully understood the charges against him. Jared will be released today, pursuant to the judge's orders and as agreed to by both sides. A plea agreement has been filed, but he will enter a plea at a later date. It was not yet known what conditions the Judge required for Jared's release.

U.S. Attorney Josh Minkler in Indianapolis is scheduled to hold a news conference at 12:30 p.m. ET to announce the federal charges against Fogle. A plea agreement has been reached on charges that he distributed and received child pornography and he traveled to engage in illicit sexual conduct with minors, according to a court document.

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