Posted on May 01, 2020 in Criminal Defense

If you have an open felony criminal case in Miami-Dade County and you've missed a court date, you may find yourself on the wrong end of an alias capias warrant. Don't worry, we've helped hundreds of defendants address alias capias warrants. As an experienced Miami criminal defense attorney, we frequently represent clients with alias capias warrants. While there are many factors to take into consideration, in most cases, we can negotiate with the Court to keep you out of jail or secure your release from jail if you're in custody.

How did I get an Alias Capias Warrant?

Most alias capias warrants are issued when clients miss a court date. Plain and simple. If you've been going to court for your case, the Court gave you a date to return, and you failed to show up. Additionally, your criminal defense lawyer and bondsman should have let you know about your upcoming court date. If you were recently arrested and have not yet been to court, you were mailed notice of your court date. If you didn't receive notice in the mail and didn't know of the court date, this information can be used to negotiate "setting aside" the alias capias warrant. Of course, this argument only works if you've proactively researched your case and bring it up with the court shortly after the alias capias was entered. Judges do not look kindly upon clients who knew they had a case, never got a letter in the mail, and then never looked themselves up and show up in court months or years later. Reasonably, judges do not like to hear that you knew you were arrested but took no action to stay informed about the case.

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 Posted on May 01, 2020 in Theft

You're shopping in a store, you're on your phone, you've got a million things going through your head, you forget you picked up an item, and you walk past the registers in the store. The next thing you know, you're being arrested for grand theft and placed into the back of a police car. It happens all too often and in our criminal defense office, we've seen every version of this nightmare. Approximately 30% of our practice is devoted to representing clients in criminal theft cases. If you've been arrested for grand theft, give our office a call. In most situations, we can get the charges dismissed.

Arrested When You Didn't Intend to Steal?

It is very common to learn during consultations that a prospective client was arrested even though they didn't intend to steal an item from the store. People make mistakes and can be forgetful, but in the case of grand theft, police officers will make the arrest and ignore the client's side of the story. When police officers show up to a business, they frequently take the side of the business owner and ignore the side of the client. The police also figure they can resolve the situation by making an arrest and moving on with their day. It's a terrible injustice when it happens but it happens all too often.

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 Posted on March 27, 2020 in Criminal Defense

While both contain the word "warrant,"arrest warrants and search warrants are quite different from one another. Atour criminal defense firm, we are frequently asked about these two concepts atthe same time, so we thought we would address them in this blog post. If youhave further questions after reading this post, don't hesitate to contact ouroffice and speak with a criminal defense attorney about arrest warrants and/orsearch warrants.

Warrants in General

A warrant is a document issued by a judgeor grand jury, empowering law enforcement to conduct some type of activity thatwould typically violate someone's constitutional rights. In the case of anarrest warrant, police are authorized to arrest you. A search warrant allowslaw enforcement to search a particular location for specific evidence. Thereare many instances where law enforcement does not need a warrant to arrest orsearch you.

Arrest Warrants in Florida

Arrest warrants are issued by a grand juryor a judge when there is probable cause to believe that a crime was committedand that you are criminally responsible. To meet this probable cause burden,police officers must submit sworn statements in the form of affidavits. Theprobable cause in these affidavits can be based on the police officer'sobservations and/or information provided by witnesses. A judge will review theaffidavit(s) and determine whether the arrest warrant should be issued.

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 Posted on March 26, 2020 in DUI

If you or a loved one has recently been arrested for driving under the influence, or DUI, you may be wondering if DUI is a felony or a misdemeanor. In Florida, DUI is a charge that can be a felony or misdemeanor, depending on the facts of the case. Regardless of whether your specific DUI is a felony or misdemeanor, we know from our extensive experience as DUI lawyers in Miami that prosecutors often treat even misdemeanor DUIs as seriously as they do felonies.

Throughout the State of Florida,DUIs are prosecuted under Florida Statute 316.193.Under Florida Statute 316.193, a driver can be arrested for DUI if they are caughtdriving or in "actual physical control" of a vehicle while under the influenceof alcohol or any chemical substance, which includes illegal drugs, legallyprescribed drugs, and over-the-counter medications.

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 Posted on March 25, 2020 in Domestic Violence

Divorce lawyers and criminal defenselawyers know one thing for sure during a quarantine, domestic violence casesare going to be on the rise. Sadly, spikes in domestic violence happen whenpeople are locked inside a home because of natural disasters. Advice on thesubject from healthcare professionals is unanimous, if there are domesticviolence concerns in a house, get out!

Staying a Room Apart From One AnotherIs Not Enough

Some people think that when surviving aquarantine, it is enough to simply stay in different rooms. All the evidence isto the contrary. In a domestic violence situation, the distance between tworooms is not enough, and tensions are likely to erupt eventually. If there wasever a time to move in with family or a friend, to get you out of thesituation, now is the time. A situation that was already bad is not going toget better or even remain the same. Quarantine is like steroids for a domesticviolence problem.

This is Not Status Quo

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 Posted on March 20, 2020 in Drug Crimes

If you've recently been arrested for drugs in Miami, one subject you might want to learn more about is the Drug Court program. Immediately after an arrest you should sit down and speak with an experienced criminal defense attorney regarding your drug charges. The attorney will review your arrest paperwork and let you know of any potential constitutional issues they see that may benefit your case. But what happens if the police didn't make a mistake? Or what if you know you have a drug problem, and you want help? In certain circumstances, drug court is an excellent option for defendants arrested for drug crimes.

Benefits of Drug Court

There are two huge benefits to drug court: 1) when you successfully complete your drug court program, your case is dismissed, 2) you will receive treatment and information on reducing drug dependency. If you have a complicated drug case and the evidence against you is strong, drug court in Miami is another way to beat the charges.

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 Posted on March 20, 2020 in Domestic Violence

This is one of the most common questions we hear from prospective clients at Stroleny Law. And the answer is absolutely..... under the right circumstances. Getting a charge dropped doesn't require perfect circumstances, and there are many different ways to get a domestic violence case dropped. There are also some instances where a case can't be dropped, but in the majority of cases, there is a way to get domestic violence charges dropped. If you have been arrested for domestic violence in Miami, contact our criminal defense lawyer for a free consultation now.

Factors to Consider in Getting a Domestic Violence Charge Dropped

When we evaluate a case in a consultation, there are some initial questions we have for the prospective client. How many people were present to witness the alleged battery? Does the victim want to cooperate with the State Attorney's office? Were there injuries? Was the incident caught on camera? Are the victim's allegations so outrageous that they're unbelievable? Most cases are determined based on the various answers to these important questions. The key is knowing how to use the answers to these questions at the right place and the right time to get the best outcome.

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 Posted on March 17, 2020 in DUI

If you recently visited the Miami-Dade area or any other part of Florida and were arrested for driving under the influence, you probably have many questions racing through your mind. You might be wondering how to best respond to the arrest. You might also wonder how many times you will be required to return to Florida before your case will be resolved. At Stroleny Law, we understand the confusion that people commonly face after being charged with a crime when visiting from another state. We will work hard to ensure that you have all the information and resources you need to make the right decisions for your case.

Prepare for an Administrative DUI Suspension

If your driver's license was taken by law enforcement during the DUI stop, or if you refused to submit to a breathalyzer, you will only have 10 days before an Administrative Suspension is issued. Within this 10-day window, it is critical to meet with a DUI attorney to see if your Administrative Suspension can be challenged.

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 Posted on March 17, 2020 in DUI

Everywhere around Miami, electric scooters are popping up and being used by residents and tourists. They're fun, convenient and economical. But did you know you could get a DUI if you're caught driving one while your normal faculties are impaired or you have a blood alcohol level of.08 or above? A DUI is probably the last thing you were thinking about before hoping on a scooter, but our criminal defense attorney wants you to be aware of the risk you're taking if you drive a scooter after having too much to drink.

Electric scooters are all the rage in the popular neighborhoods of Brickell, Wynwood, Coconut Grove, and Coral Gables. Commuters use them to get to work, ride between apartment buildings, and sometimes hop on them after happy hours or weekend brunches. While people have long been aware of stories of DUIs on golf carts and bicycles, electric scooters are sure to be the next source of DUI arrests.

Absent a terrible driving pattern, or using the scooter in a way unauthorized by the law, you're unlikely to get pulled over by police while driving a scooter. However, impaired drivers that get into an accident while riding their scooter are likely to come into contact with law enforcement. And when the officer on the scene notices you've had too much to drink, don't be surprised when they conduct a DUI investigation and treat your little scooter like a full size vehicle.

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 Posted on March 09, 2020 in Drug Crimes

For years, Miami-based criminal defense attorney Julian Stroleny has defended the rights of individuals, many of whom were charged with misdemeanor possession of marijuana. To address the injustices when it comes to the way that the historic criminalization of marijuana has impacted the South Florida Black and Hispanic communities, Mr. Stroleny is using his experience and knowledge of this area of the law to encourage Florida lawmakers to legalize marijuana for personal use.

Click here to find out more about Attorney Stroleny's push for legalization.

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