Recent Blog Posts

What is the penalty for identity theft?

 Posted on May 27, 2024 in Theft

Identity theft is a type of fraud that has become a major concern in Florida and nationally. In 2022, the Federal Trade Commission reported that Florida had the third most identity theft cases. Most identity theft crimes involve illicitly taking, receiving, or possessing another person's information to use for illegal activities. State and federal law enforcement agencies take identity theft seriously, and if convicted, you can go to jail for years.

If you have been charged with identity theft, it's vital to hire a Miami theft attorney. Stroleny Law is an experienced and trusted law firm that handles identity theft charges. Call (786) 481-4129 for a consultation about your identity theft and assumption case. We will defend you against identity theft charges and protect your rights.

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What Is Identity Theft?

Identity theft is an unlawful activity typically charged under Florida Statute 817.568. The law states it is illegal to willfully and without authorization fraudulently use someone's personal information. Most often, identity theft involves taking someone's driver's license, credit card, or Social Security number with the intent to use the information fraudulently. The FTC reports that up to 10 million Americans are victims of identity theft.

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What To Do When Falsely Accused of Domestic Violence?

 Posted on May 08, 2024 in Domestic Violence

Domestic violence is a serious crime, but there have been cases where someone was wrongly accused and faced severe consequences they did not deserve. In Florida, the unfortunate reality is that spouses or partners sometimes use false allegations of domestic violence to:

  • Win child custody battles
  • Get "even" with a partner who wants to go their separate ways
  • Gain possession of property owned by their spouse/domestic partner

There are many reasons why someone might falsely accuse you. Even the criminal justice system tends to be biased against the dominant partner in the relationship when a domestic violence accusation is made.

The Florida Statute 741.29 states that law enforcement officers must make an arrest if they suspect that one spouse has been abused by another. They can do this without having to obtain a warrant first. In these cases, you need a skilled and experienced Florida domestic violence defense attorney on your side, who will fight tooth and nail to protect your rights.

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What is Domestic Battery?

 Posted on May 08, 2024 in Domestic Violence

Consider this scenario: You and your spouse or romantic partner get into a fight. Things get a little out of hand, resulting in offensive physical contact. Does this mean you could be charged with felony domestic battery or domestic violence in Florida? The answer is yes. Even if you did not mean to escalate the situation, you could still be charged with and convicted of a crime and may have to serve time in jail.

If you or someone you love is facing charges of domestic battery in Florida, your first step should be to get strong legal representation from a proven domestic violence lawyer for your defense.

What Constitutes Domestic Battery in Florida?

Domestic violence battery under Florida law is when someone intentionally touches or hits another person against their will, and the person affected is considered a "family or household member or domestic partner." According to Section 741.28 of the Florida Statutes, family or household members include:

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Statute of Limitations on Drug Charges

 Posted on March 11, 2024 in Drug Crimes

Individuals convicted of drug charges can face serious consequences including hefty fines, jail time, probation, criminal record, and more. Along with legal penalties, convicted criminal defendants can also face issues in personal relationships and employment prospects. One of the key aspects of a drug case is the statute of limitations, which is strictly enforced in cases that involve federal drug crimes.

Individuals charged with a federal drug crime must take prompt action to ensure they protect their rights. If you are looking for a trusted legal firm specializing in criminal defense, you are welcome to get in touch with us at Stroleny Law. Our team of experienced attorneys is well-versed in federal law and the criminal justice system and can provide you with comprehensive legal services and expertise in defending drug charges.

Understanding Statute of Limitations for Federal Drug Crimes

Individuals caught manufacturing, selling, distributing, or possessing drugs can be subject to federal drug charges. However, there is a certain time frame within which the drug charges need to be filed. This time frame is the statute of limitations for federal drug charges. If the criminal charges are not filed within the statute of limitations, then the prosecutor may not be able to file a case against the defendant. The statute of limitations for federal drug crimes can vary depending on several factors including applicable federal laws and the severity of the alleged offense.

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Florida Petit Theft Laws and Penalties

 Posted on February 21, 2024 in Theft

Petit theft - or petty theft - in Florida usually involves a relatively minor amount of money or property, but the consequences of a conviction can be serious. If you are convicted of petit theft, you may be saddled with a permanent criminal record that impacts your life for years to come.

You need an award-winning criminal defense attorney fighting for your rights if you are charged with Florida theft crimes. Julian Stroleny is an accomplished Florida criminal defense lawyer recognized as a Super Lawyers Rising Star from 2019 to 2023. He also was named an AV Preeminent attorney in 2022 by Martaindale-Hubble. For a legal consultation, contact Stroleny Law: Criminal Defense Attorney, today by calling (786) 481-4129.

About Petit Theft In Florida

In Florida, theft is classified as petit or grand theft, depending on the type and value of the property stolen. Florida Statute Section 812.014 states petit theft involves stealing property from a person or entity worth less than $750. Petit theft is usually related to shoplifting, but it doesn't have to happen in a retail store. You could face increased penalties if you have previous theft convictions.

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Injunction vs Restraining order

 Posted on February 21, 2024 in Domestic Violence

Domestic violence is an ongoing problem in Florida. In many cases, victims can pursue an injunction, restraining order, or other protective order against abusers. This article highlights injunctions and restraining orders and how legal representation can help when dealing with them.

It can be confusing and intimidating if you've had an injunction or restraining order brought against you. You need an award-winning criminal defense attorney standing up for your rights. Julian Stroleny, Attorney at Law, is an experienced and effective domestic violence defense attorney - named a Super Lawyers Rising Star from 2019 to 2023. He also was recognized as an AV Preeminent attorney in 2002 and 2023 by Martindale-Hubble.

Contact Stroleny Law: Criminal Defense Attorney today at (786) 481-4129 to get started on your criminal defense.

What Are Injunctions and Restraining Orders?

Victims of domestic violence or similar crimes can seek protection from the court. The court can order a restraining order or injunction, depending on the circumstances. The purpose of the injunction or temporary restraining order is to prevent one person from contacting the other, either in person or online. A restraining order is a temporary court order, while an injunction is long-lasting and possibly permanent.

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DUI first offense Penalties in Florida

 Posted on February 21, 2024 in DUI

Imagine being pulled over for a DUI in Florida. The police shackle you with handcuffs and stick you in their car. Your entire future is in doubt. Fortunately, with the help of an experienced criminal defense attorney, all is not lost. You could have the charge reduced or even dismissed - but you must act quickly! Even for a first-time DUI offense, the consequences can be severe.

An award-winning DUI attorney at Stroleny Law: Criminal Defense Attorney, can help you navigate the justice system and defend your rights along the way. Julian Stroleny Attorney at Law is a skilled, accomplished DUI attorney named a Super Lawyers Rising Star from 2019 to 2023. Attorney Stroleny was also named an AV Preeminent attorney in 2022 by Martaindale-Hubble.

For a confidential legal consultation about your DUI charge, speak to Stroleny Law: Criminal Defense Attorney, today by calling (786) 481-4129.

How Florida Defines DUI

Florida DUI laws are strict. Driving under the influence is a severe criminal offense. You may be charged with a DUI in Florida if you drive or have actual physical control of a vehicle when your blood alcohol concentration (BAC) is.08% or higher or if you're under the influence of drugs.

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What is the Minimum Sentence for DUI Manslaughter in Florida?

 Posted on January 22, 2024 in DUI

When you drink alcohol or use certain drugs, the substance can affect your ability to think, react, and make decisions. These abilities are critical for your safety as well as the safety of others on the road, especially when you are in actual physical control of a vehicle. Operating any vehicle while your capacity to do so cautiously is impaired is termed as "Driving Under the Influence".

Florida takes DUI related offenses very seriously. If you are facing this charge, know that the law can be extremely harsh, so consulting with a criminal defense attorney is important to help understand the legal process and defend your rights.

In this guide, you will learn about the Florida laws governing DUI manslaughter convictions, including the minimum sentencing and how an experienced criminal defense attorney can help ensure you are treated fairly and achieve the best possible outcome.

What is Considered DUI Manslaughter in Florida?

DUI manslaughter is a serious criminal offense where a person is accused of driving under the influence of alcohol or drugs, and as a result, directly contributes to the death of another person. UnderĀ Florida Statute 316.193, someone can be guilty of DUI manslaughter in two situations:

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How Does Domestic Violence Affect Child Custody in Florida?

 Posted on December 28, 2023 in Domestic Violence

Attorney Julian Stroleny understands how difficult it can be to deal with a domestic violence case. When domestic violence occurs in a family, it can have a significant impact on a Florida child custody case. If you're in the midst of a divorce or family dispute involving domestic violence, it's critical to understand your rights and the child custody implications.

In this post, you will learn about child custody in Florida and how domestic violence accusations could impact your child custody case. If you have questions about your situation, domestic violence attorney Stroleny is ready to answer them today.

Florida Child Custody Overview

Before covering domestic violence, it's essential to have a general overview of child custody in Florida. Parents are encouraged to work out their differences when there is a dispute over child custody in Florida. But child custody is often a contentious matter, especially when there are accusations of domestic violence.

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Can You Expunge A Felony In Florida?

 Posted on December 28, 2023 in Expungement

We all make mistakes in our lives. Occasionally, a mistake can be big enough to lead to a criminal charge or conviction. Most arrests that didn't result in conviction can be expunged, sealed, or removed from your record. But other charges and arrests may not be eligible for removal.

If you have been charged with or convicted of felony charges in Florida and have a court hearing, this is an immensely upsetting experience, and you may wonder what the future holds. Those who want to clear their criminal record will need assistance expunging or sealing their record. Sealing or expunging your criminal record can be complex, but criminal defense attorney Julian Stroleny has assisted many Floridians with expunging and sealing their criminal records, and all parts of the Florida legal process.

Attorney Stroleny has also been rated a 2023 AV Preeminent - Martindale-Hubble and 2023 Client Champion - Martindale-Hubble. He was an assistant state attorney, so he has a detailed understanding of the Florida criminal justice system that significantly benefits his current clients.

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