Posted on October 06, 2014 in Criminal Defense

The plea colloquy occurs after a criminal defendant enters a guilty plea in a court. The plea colloquy is essentially a conversation between the presiding judge and the criminal defendant in which the defendant who has been sworn under oath enters a guilty plea. The plea colloquy validates the plea.

An innocent defendant can enter a plea in order to avoid a conviction by a jury at trial. It is important to consult a criminal defense attorney prior to entering a guilty plea. A guilty plea can have various consequences on a criminal defendant. An experienced criminal defense attorney can advise a defendant on the repercussions stemming from entering a plea and can advise on other potential legal options.

A guilty plea can only be made if the defendant intelligently, knowingly, and voluntarily enters the plea. Therefore, in order to ensure that a guilty plea is entered under those circumstances, the court is required to engage in a specific line of inquiry with the defendant. In this line of inquiry, the court advises the defendant about the nature of the charge, the potential penalties that might result from the plea including any mandatory minimum sentence, and the defendant's right to not plead guilty and to request a jury trial. The court must receive a voluntary affirmative response from the defendant acknowledging that he or she understands each of these points.

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 Posted on September 15, 2014 in Criminal Defense

Theft is a criminal offense punishable by law and occurs when a person takes or uses another person's property. Theft is proven when an individual knowingly obtains or uses the property of another with intent to deprive the other person of the a right to the property or with intent to appropriate the property to his or her own use.

Every state has varying laws regarding theft and its classification. Contact a criminal defense attorney in your state to find our about the laws affecting you. An experienced criminal defense attorney can help you understand the law and how it applies to you.

Florida law classifies theft under two categories: petit theft and grand theft. Petit theft is the lowest level theft offense. Petit theft of the second degree occurs when the property stolen is valued at less than $100. A conviction of petit theft of the second degree is punishable by a jail sentence up to 60 days and can carry a fine of up to $500. Petit theft of the first degree occurs when the property stolen is valued at $100 or more, but less than $300. A conviction of petit theft of the first degree is punishable by a jail sentence up to a year and can carry a fine of up to $1,000.

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 Posted on September 15, 2014 in Criminal Defense

A DUI is a criminal offense punishable by law and proven by an unlawful blood alcohol content level of.08 or above. A DUI occurs while an individual is operating a motor vehicle while under the influence of alcohol or drugs.

Every state has different laws pertaining to DUIs. It is necessary to contact a criminal defense attorney in your state to learn more about the laws affecting you. A criminal defense attorney can help you understand the law and ensure that your rights are protected.

Florida law regarding DUIs is strict compared to most other states. A first DUI conviction can carry a fine of $250 up to $1,000, a mandatory 50 hours of community service, probation up to a year, license suspension up to a year, ignition interlock system requirement for up to six months, and jail time up to nine months. A second DUI conviction can carry a fine of $500 up to $2,000, a mandatory 50 hours of community service, ignition interlock system requirement for a mandatory two year minimum, license suspension for up to five years, mandatory imprisonment of 10 days, and jail time up to a year. A third DUI conviction can carry a fine of $1,000 up to $5,000, a mandatory 50 hours of community service, license suspension for a minimum of 10 years, mandatory imprisonment of 30 days, jail time up to a year, completion of a mandatory DUI treatment course and a mandatory ignition interlock system requirement. A fourth DUI conviction along with subsequent DUI convictions can be 3rd degree felony charges. An offender will be classified as a habitual offender, receive harsher penalties including a mandatory permanent drivers license revocation and jail time up to ten years. While actual sentences can vary, these are the typical penalties associated with each offense.

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 Posted on September 15, 2014 in Criminal Defense

Recently, several incidents have emerged involving celebrities or high profile individuals and domestic violence. Probably, the most notorious of these incidents involves football player Ray Rice. Rice, a former player of the Baltimore Ravens, was arrested and indicted for a third-degree aggravated assault against his then-fiancé, Janay Palmer. While the criminal charges were later dropped after Rice agreed to undergo court-supervised counseling, Rice did receive a two game suspension from the NFL for the upcoming 2014 season. After more detailed footage of the incident was revealed by TMZ showing Rice punching Palmer and knocking her unconscious, the Baltimore Ravens terminated their contract with Rice and the NFL suspended Rice indefinitely.

This incident draws attention to the repercussions involved in domestic violence cases. While Rice was not given a severe sentence from the court, he did endure various long-term consequences in other areas of his life specifically one affecting his employment status. Domestic violence charges can have various implications. Domestic violence sentences can include jail time, probation, community service; court mandated counseling programs, and fines. A criminal defense attorney can help achieve the best possible results in a domestic violence case. Domestic violence laws vary between states. Consult a criminal defense attorney in your area to learn about the laws affecting you.

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 Posted on September 09, 2014 in Criminal Defense

A few days ago, a multitude of nude photographs of female celebrities began circulating online. The list of victims includes Kate Upton, Victoria Justice, Ariana Grande, Kirsten Dunst, Mary Elizabeth Winstead and Krysten Ritter, among others. While many media outlets have called this incident a scandal, it is more appropriately identified as a sex crime. Simply put, nude photographs were stolen and disseminated without permission. This offense not only includes theft of personal property, but more perversely, the exploitation of the female body.

Many media outlets have morally reprimanded the female celebrities that fell victim to this offense. While it is certainly true that it may be foolish to take nude photographs of oneself on a mobile device that can be easily hacked or stolen, these women did nothing wrong. They simply exercised their right to take pictures of themselves on their personal cell phone devices while relying on an expectation of privacy – which we are all entitled to. Any form of reprimand should be directed at those who stole the personal property from these women and later, dispersed it.

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 Posted on September 08, 2014 in Criminal Defense

There has been a surge of incidents involving the death of children left in hot, unoccupied cars. Many of these incidents result in charges brought against the child's parent, guardian or other caretaker. Not all states have specific laws designed to target this growing concern. Each state has different laws governing this issue. It is important to contact an experienced criminal defense attorney in your state to learn about the different laws affecting you.

Most recently, in Atlanta, a father whose son died after being left in a hot vehicle was charged with murder. The twenty-two month old child was reportedly left in the car for several hours while the father was at work. Currently, the father is being held without bond and is facing the death penalty stemming from a charge of malice murder. The charges brought against the father focus on the twenty-two month old child's death and the physical pain suffered prior to death. Court filings and testimony seem to show that the incident did not arise out of an accident or mistake, but rather that the father had abandoned the child in an effort to attain a childfree life. Evidence gathered by authorities includes explicit conversations between the father and six women during the course of the workday and more importantly, the father's inaction upon returning to his vehicle and seeing his child.

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 Posted on August 23, 2014 in Criminal Defense

On Saturday, August 9, 2014, a chain of events occurred that caused the nation to collectively reexamine the power and discretion of police officers in an effort to put an end to police brutality.

On the morning of August 9th, police officers in Ferguson, Missouri, received a call relating to a robbery at a convenience store. The dispatcher then provided police officers with a description of the robber and informed police that the robber was walking towards a Quick Trip convenience store. Shortly after, a police officer encountered an individual named Michael Brown walking down a street with a friend. Brown is then shot to death as a result of the encounter.

The following day on August 10th, police officers provide the following information regarding the incident: Eighteen-year old Michael Brown was unarmed at the time he was approached by the police officer, but Brown physically assaulted the officer and shots were fired.

That same day, a candlelight vigil is held in honor of Michael Brown. However, the vigil turns violent as local businesses are vandalized and looted. Due to the increasing violence, school is cancelled the following day.

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 Posted on August 12, 2014 in Criminal Defense

DANIA BEACH - - They are not your typical rescue dogs.

Eighteen dogs sitting in kennels at the Humane Society of Broward County are considered evidence in a criminal case.

Their owner, Gisela Tacao, founder of Gigi's Rescue in Hialeah, was arrested April 17 on 53 counts of animal cruelty. She is accused of hoarding dozens of animals in a warehouse in Hialeah and in her duplex in unincorporated Miami-Dade County.

Tacao, 40, will plead not guilty when she is arraigned on May 5, said her attorney.

After Tacao's arrest, the Miami-Dade State Attorney's Office turned to rescue groups for help placing the dogs found in her duplex, primarily older Chihuahuas along with miniature pinschers, rat terriers, one Lhasa Apso and a blind Brittany spaniel.

In all, 25 dogs were taken to the Humane Society shelter in Dania Beach.

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 Posted on August 06, 2014 in Criminal Defense

Last month, a 4-week-old baby in North Carolina died after the baby's parents left him in a car for two hours. The parents of the newborn baby have now been arrested and charged with involuntary manslaughter and felony child abuse. Both parents are being held on a $200,000 bond.

Unfortunately, this is not the first reported incident of a child dying after being left in a hot car. Just a couple of months ago, in Georgia, 22-month-old Cooper Harris died after his father Justin Ross Harris left him in the backseat of a car for an entire workday. Justin Ross Harris was charged with murder and child cruelty. Harris told investigators that he forgot the child was in the car. However, investigators claim that Harris researched into how hot a car needs to be in order to kill a child and was also sending explicit text messages to several women while his child was left to die in the backseat of his car.

These two recent incidences are certainly not the first of their nature. Over the past decade, at least 388 children have died from a heatstroke related to being left in a hot car. Just last year, in 2013, it was reported that at least 44 children in the United States died from vehicular heatstroke.

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 Posted on July 29, 2014 in Criminal Defense

To outline some (but not all) specific drugs and their minimum mandatory amounts, see below:

1. Cannabis (Marijuana)

• 25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.
• 2,000+ pounds but less than 10,000 pounds (or 2,000 or more plants) = 7 year minimum mandatory sentence.
• 10,000+ pounds = 15 year minimum mandatory sentence.

2. Cocaine

• 28 grams to 200 grams = 3 year minimum mandatory sentence.
• 200 grams to 400 grams = 7 year minimum mandatory sentence.
• 400 grams to 150 kilograms = 15 year minimum mandatory sentence.
• 150+ kilograms = life sentence.

3. Oxycodone, Hydrocodine, Morphine, Opium and Hydromorphone

• 4 grams to 14 grams = 3 year minimum mandatory sentence.
• 14 grams to 28 grams = 15 year minimum mandatory sentence.
• 28 grams to 30 kilograms = 25 year minimum mandatory sentence.

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