Posted on July 06, 2014 in Criminal Defense

Domestic violence is a serious offense that carries significant consequences. Unfortunately, both the offender and the victim suffer those consequences. Fortunately, some protection exists for individuals that have fallen victim to domestic violence.

Domestic violence covers a broad spectrum of acts such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, as well as any other criminal offense that results in the physical injury or death of a family or household member by another family or household member. If you are a victim of domestic violence, contact an experienced criminal defense attorney to learn about your legal options.

One way a victim of domestic violence can seek protection is through the use of an injunction or restraining order. An injunction can help protect you against a family or household member that has previously committed an act of domestic violence against you or if you have reasonable cause to believe that you are in immediate danger of becoming the victim of a domestic violence act. An injunction or restraining order is a court document that orders a domestic violence offender to stop committing certain acts such as abuse. The injunction can also be used to entitle the victim to certain rights such as temporary custody of children.

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 Posted on July 03, 2014 in Criminal Defense

With the newly initiated "Back on Track" program, Miami-Dade County is providing individuals facing their first DUI conviction a second chance. The Back on Track program can help first-time DUI offenders avoid a severe DUI conviction and any accompanying penalties. However, admission into the Back on Track program is not automatic. An admission process, which includes a nationwide background check and a full review of the offender's driving record, is used to determine an offender's eligibility.

If you have been arrested for a DUI and are interested in the Back on Track program, contact a qualified Miami Criminal Defense attorney immediately to assist you in completing the process.

Of course, the Back on Track program is not available to every individual charged with a DUI offense or to every DUI case. Certain requirements must be met. First, the instant DUI arrest must be the individual's first DUI arrest ever. Additionally, the individual must not have been driving on a suspended license when arrested for the DUI offense. As far as the individual's criminal history, he or she cannot exceed one prior, nonviolent felony or two prior misdemeanor convictions, and the individual may not have completed more than one misdemeanor diversion program. Previous points on an individual's driving record or prior reckless driving charges may also lead to the ineligibility of an individual.

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 Posted on June 30, 2014 in Criminal Defense

With "Stand Your Ground" laws in Florida, you are no longer obligated to run when you are in danger. "Stand Your Ground" is a law centered on self-defense. Other names for this notorious law include "Line in the Sand" law or "No Duty to Retreat" law. Most recently, the controversial law gained national attention during the George Zimmerman case involving the death of 17 year-old Trayvon Martin in Florida. Essentially, the law allows an individual to use force in self-defense without first exercising the duty to retreat. Although a qualified Florida criminal defense attorney can assist you in understanding the particularities of the law, here are some of the basics regarding the "Stand Your Ground" law.

A duty to retreat demands that an individual "under an imminent threat retreat from that threat as much as possible" before resorting to the use of force in self-defense. Nowadays, states that still require individuals to retreat are more flexible in their demands. Other states have replaced laws requiring a duty to retreat with "Stand Your Ground" laws. Contact an experienced criminal defense attorney to find out the applicable law in your state.

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 Posted on June 30, 2014 in Criminal Defense

Source: CNBC

Stroleny Law: Criminal Defense Attorney fully supports a change in the seizure procedure currently employed by police officers in cases involving marijuana. An individual's seized property must be returned if charges are dropped or if the individual is acquitted. Currently, seizure procedure does not allow this since during seizure, police officers rip out pot plants by their roots causing the plants to die. With recent legislation supporting the use of marijuana for medical use, a new method of police seizure is needed. Check out the article below for more information regarding this pressing issue.

Police in some medical marijuana states who once routinely seized illegal pot plants by ripping them out by their roots and stashing them away in musty evidence rooms to die are now thinking twice about the practice.

From Colorado and Washington state to California and Hawaii, police are being sued by people who want their marijuana back after prosecutors chose not to charge them or they were acquitted.

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 Posted on June 28, 2014 in Criminal Defense

It is important to know the gun laws of the particular state in which you live. Each state has different laws regulating the sale, purchase, and possession of guns and firearms. An experienced criminal defense attorney can help you figure out the law for your state.

Florida law is generally permissive when it comes to owning guns. A resident of Florida does not need a state permit to possess or purchase a gun. However, gun dealers must obtain a completed form from the buyer and must receive approval from the Department of Law Enforcement prior to the sale of a gun or firearm. Additionally, there is generally a three-day waiting period to buy a handgun from a retail store.

Although rules to purchase and possess a gun or firearm are, for the most part, lenient in Florida, there are still some guidelines that must be obeyed. Specifically, it is unlawful for any convicted felon, drug addict, alcoholic, mental incompetent, or vagrant to own, use or possess any type of gun or firearm. It is important to note that other rules may apply. You should contact an experienced criminal defense attorney to get more information.
Among laws regulating the purchase and possession of guns, there are also laws regulating the carrying of guns or firearms. It is unlawful to openly carry any gun or firearm. It is also unlawful to carry a concealed firearm or gun without a license. However, an exception to these rules is when an individual is at home or at his or her place of business. Other exceptions include when individuals are fishing, camping, or hunting.

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 Posted on June 28, 2014 in Criminal Defense

Source: South Florida Business Journal

Florida Gov. Rick Scott on Monday signed into law a medical marijuana bill in Florida.

Senate Bill 1030, nicknamed the Charlotte's Web bill, will allow for the use of a low-THC medical marijuana in Florida. It's not to be confused with Amendment 2, a constitutional amendment on the ballot in November that would also expand the use of medical marijuana in Florida.

"As a father and grandfather, you never want to see kids suffer," Scott said in a prepared statement. "The approval of Charlotte's Web will ensure that children in Florida who suffer from seizures and other debilitating illnesses will have the medication needed to improve their quality of life. I am proud to stand today with families who deserve the ability to provide their children with the best treatment available."

Florida has become the 23rd state in the country to allow medical marijuana, and the District of Columbia also has legalized medical marijuana. There also are federal efforts moving through Congress to block the DEA from raiding medical marijuana centers in states where it's legal.

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 Posted on June 28, 2014 in Criminal Defense

First, a DUI checkpoint is basically a roadblock set up by police to catch persons that are driving under the influence of alcohol or another substance. Checkpoints are usually set up in areas that are popular at night and tend to have heavy nighttime activity. Police usually target areas where bars or clubs are prominent.

It's not uncommon to question the legality of DUI checkpoints. Many have argued that DUI checkpoints violate the Fourth Amendment right against unreasonable searches and seizures and are unconstitutional. But, alas, the Supreme Court of the United States has found that DUI checkpoints are totally legal! But, not all states agree with this decision. Nevertheless, Florida does and has upheld that DUI checkpoints are legal.

Here's why! DUI checkpoints provide a necessary protection to the people. Because drunk driving is extremely dangerous and places other drivers at great risk, the state has an interest in conducting DUI checkpoints and preventing drunk driving accidents from occurring. So, although DUI checkpoints do interfere somewhat with a person's basic right to privacy, the overall good that DUI checkpoints provide outweighs that infringement on privacy. Basically, because DUI checkpoints effectively help to stop drunk driving that's enough to make them legal!

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 Posted on June 28, 2014 in Criminal Defense

Simple Marijuana Possession – What Can Happen to Me?

Of course you would never smoke marijuana but your "friend" got arrested for marijuana possession and you want to know what happens next. One of two things happens when you're arrested for marijuana, or "cannabis" as it's referred to by statute in the State of Florida. If you're lucky (or the officer was too lazy to process you through the jail system) you were allowed to sign what's known as a PTA (promise to appear) at the scene of your arrest. This means you got to sleep in your own bed that night. The promise to appear is an option for officers arresting suspects of certain misdemeanor crimes. The arrestee signs the arrest affidavit and promises to appear at the first court setting, usually an arraignment. But if you made the cop work to find the marijuana, or he believes that marijuana is the devil's weed, you'll likely take a trip to the jail. When you get to the jail you need to be processed. This can take from anywhere between 4 and 24 hours. Once you've been processed a friend or a love one can pay the standard bond of $1,000.00 to get you out of jail. If they use a bondsman they have to put down 10% of the bond ($100). If you're unpopular and nobody wants to bond you out, you have to wait till you go before the judge. This is known as your first appearance and the Judge will decide the conditions of your release before your trial.

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 Posted on June 28, 2014 in Criminal Defense

We've been in Colorado for almost twenty four hours and we can say the medical marijuana industry in Colorado is thriving and inspiring! Let's start with the patients because at the end of the day, they are what the industry is truly about. Our guides in Denver are both long time growers and medical marijuana patients. With their help, we were able to meet with many other patients and understand their experience in not just the marijuana industry but a marijuana industry that also has recreational marijuana. Medical marijuana patients have access to stronger medicine than those who purchase marijuana recreationally. We've found a well regulated industry with an emphasis on customer satisfaction, quality care, adherence to the regulations, and discretion.

One of our many stops was Natural Remedies in Downtown Denver where we had the pleasure of a tour and Q&A.

(As seen below)

The first thing we noticed about this location was that we didn't notice it! If it had not been for our guides, we would have surely missed that there was even a business inside. However, the sign to the left in the picture is what indicates there is a medical and recreational dispensary inside. No big signs, marijuana plants, or advertising. It is pictured below in closer detail. In fact, driving around the Greater Denver area, we continuously noticed McDonald's, Taco Bells, and other establishments, but had to be told to look where the dispensaries were located. This was a bit of a surprise given some of the media coverage of the boom which depicts cliché giant neon cannabis plants outside of a business. As to the patients, they were as diverse as any other business with professionals, students, and not the cliché "stoners" shown in media coverage.

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 Posted on June 28, 2014 in Criminal Defense

Once you've been arrested or charged with Possession of a Firearm by a Convicted Felon, possession has to be established to successfully convict you. There are two types of gun possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal gun possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.

Actual possession is simple to identify. It can occur in the following three ways: if a firearm is in the hand of or on the person or if it is in a container in the hand of or on the person or if it is so close as to be within ready reach and is under the control of the person. Either of these ways can produce of finding of actual possession. Actual possession carries a three-year minimum mandatory sentence and can be combined with other penalties including 15 years in prison, 15 years of probation and $10,000 in fines.

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