Posted on October 23, 2025 in Probation

Yes, you may travel out of Florida while on probation, but it is not a right. It is a privilege that requires getting formal, written permission from your probation officer (PO) or the court before you make any travel plans. Simply deciding to leave your approved judicial district without permission is a technical violation of your probation terms and carries consequences.

Under Fla. Stat. § 948.03, one of the standard conditions of probation is that you must "remain within a specified place." Leaving this area, whether it's your county or the state, without authorization breaks that condition. A violation, even a technical one, could lead to the full revocation of your probation and imprisonment. This is outlined in Fla. Stat. § 948.06, which gives the court the power to send you to jail or prison for the original sentence that was suspended.

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 Posted on October 16, 2025 in Criminal Attorney

Your initial hearing, also called a first appearance or bond hearing, is a demanding stage where the court makes decisions about your freedom and the future of your case, frequently in a matter of minutes.

Under Florida Rule of Criminal Procedure 3.130, this hearing must happen within 24 hours of arrest. A judge will determine the conditions of your pretrial release.

If you have a court appearance coming up, you're likely worried about what to say, what will happen with bail, and whether you might stay in jail. Without an effective advocate, you may face a high bond you cannot afford or restrictive conditions that disrupt your life and employment, even though you are presumed innocent.

If you have a court date coming up in Florida, reach out to Stroleny Law at 305-615-1285 to ensure your rights are protected from day one.

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 Posted on October 09, 2025 in Domestic Violence

A domestic violence conviction in Miami carries penalties that range from probation and mandatory counseling to significant jail time.

A first-offense misdemeanor battery, for instance, is punishable by up to one year in jail, a $1,000 fine, and probation. However, a conviction also brings mandatory penalties under Florida law, including a minimum of 10 days in jail for a first offense involving bodily injury and the completion of a 26-week Batterer's Intervention Program.

The prosecution must prove the charge beyond a reasonable doubt, and you have the right to present a defense. If you have questions about a domestic violence charge in Miami, call us at 305-615-1285 .

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Key Takeaways for Domestic Violence Penalties in Miami

1. A conviction carries mandatory penalties, including jail time. Even a first-offense misdemeanor involving bodily injury requires a minimum of 10 days in jail and a 26-week Batterer's Intervention Program under Florida law.

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 Posted on September 26, 2025 in Criminal Attorney

Being convicted of a violent crime can feel like the end of the road, but in many cases, legal options remain available to challenge or reduce the lasting impact of a conviction. Post-conviction relief offers a second chance to address errors that may have occurred during trial, unfair sentencing, or circumstances that warrant reconsideration.

Depending on the case, relief may include filing an appeal, seeking a reduced sentence, pursuing a habeas corpus petition, applying for clemency or a pardon, or exploring expungement or record sealing where permitted by law.

An experienced criminal defense lawyer can guide individuals through the post-conviction process, identify the most effective strategies, and advocate for the best possible outcome. With the right legal support, post-conviction relief can provide hope and a path toward rebuilding your future. Speak to a skilled criminal defense attorney today.

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Key Takeaways

• Post-conviction relief provides second chances: Even after a conviction for a violent crime, legal remedies such as appeals, habeas corpus petitions, sentence modifications, clemency, or limited expungement may be available to challenge or mitigate the impact of the conviction.

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 Posted on September 26, 2025 in White Collar

Everyone wants to pay as little as possible in federal taxes. However, it's critical to understand the difference between tax evasion and tax avoidance. In the following article, you'll learn how tax evasion and tax avoidance are distinct from one another. An experienced white collar crimes lawyer can guide individuals through the complexities of federal tax law, helping them recognize lawful tax avoidance strategies while avoiding serious criminal liability for tax evasion.

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Key Takeaways

• Tax avoidance is a legal practice that involves using permitted strategies, such as deductions and credits, to reduce tax liability. In contrast, tax evasion is an illegal practice that involves the deliberate concealment or misrepresentation of income.
• Individuals and businesses must carefully distinguish between aggressive tax avoidance and tax evasion to avoid criminal penalties, reputational damage, and potential allegations of corporate white collar crime.

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 Posted on September 26, 2025 in Criminal Attorney

Facing a second DUI charge is a serious legal matter that requires immediate attention and experienced guidance. Unlike a first offense, a second DUI carries significantly harsher penalties, including higher fines, longer license suspensions, mandatory alcohol education programs, and the potential for jail time.

Repeat offenses can also have long-term effects on your personal and professional life, from increased insurance rates to a criminal record that impacts future opportunities.

Navigating the legal system without experienced representation can be overwhelming, as each case involves complex rules, evidentiary challenges, and procedural requirements that can dramatically affect the outcome. This is where a skilled DUI defense lawyer becomes invaluable.

A skilled DUI defense attorney can help protect your rights, review the circumstances of your arrest, and build a strategic defense aimed at minimizing penalties. Seeking the help of a criminal defense lawyer can make a critical difference in your case and your future.

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 Posted on September 16, 2025 in Criminal Attorney In Miami

Restoring gun rights after a federal conviction is a complex legal process that requires careful following of both state and federal laws. Federal convictions often carry long-lasting consequences, and many individuals may not know that they can potentially restore their gun rights after federal charges.

An experienced criminal defense attorney can thoroughly review your criminal history, assess your eligibility, and develop a strategic plan tailored to maximize the likelihood of success. Below is an overview of gun rights and federal charges, as well as how you can exercise your gun rights again.

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Key Takeaways

• Federal law (18 U.S.C. § 922(g)) generally prohibits felons from possessing firearms, and state laws may impose additional or varying restrictions, making legal guidance essential.
• Beyond legal limitations, losing firearm rights affects personal safety, recreational activities, civic engagement, and can cause emotional and psychological stress.

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 Posted on August 30, 2025 in Probation

Probation offers an alternative to jail or prison, allowing an individual to serve their sentence under supervision while maintaining some freedom. It may also be a second chance to rebuild your life and avoid trouble. However, violating probation terms, missing a meeting, committing a new offense, or failing a drug test can attract severe consequences. You may face additional penalties, revocation of probation, or incarceration.

You should speak to a legal professional if you're about to face the consequences of probation violation. A skilled defense lawyer can evaluate your case, gather mitigating evidence, and argue for the dismissal of the breach. They can argue that the dismissal was unintentional or that the accusation lacks sufficient evidence.

How to Get Out of a Probation Violation

While getting out of a probation violation is possible, you must follow proper legal steps. From presenting your case in court to challenging evidence, success depends on a strategic approach and strong defense.

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 Posted on August 16, 2025 in Criminal Attorney

If you're facing a criminal charge, it helps to understand if it is a felony or misdemeanor. These two classifications often result in different penalties and consequences. Misdemeanors are generally less severe and may result in lighter sentences, such as fines or short jail terms, and sometimes more favorable outcomes, like diversion programs. Felonies result in lengthy prison terms, loss of civil rights, and lasting impact on your future.

Whether you're charged with a felony or misdemeanor, the stakes are high, and proper legal representation can make a difference. A skilled criminal defense attorney in Florida can evaluate your case, negotiate with prosecutors, and work to dismiss or reduce the charge.

What Is the Difference Between a Misdemeanor and a Felony Charge

The two classifications of criminal charges can impact your rights, future, and the potential penalties you may face.

Here are the differences between a misdemeanor and a felony charge:

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 Posted on August 09, 2025

If you face assault charges in Miami, you could receive significant fines, a permanent criminal record, and jail time. A conviction damages your reputation and limits future opportunities. However, you may have a valid self-defense claim if you acted to protect yourself or others from imminent harm. Florida law permits individuals to use force when they reasonably believe they face danger.

Proving self-defense requires a strong legal strategy. A Miami criminal defense lawyer builds your case by gathering evidence to confirm you faced an imminent threat, used appropriate force, and did not provoke the confrontation.

Can Prosecutors Charge You With Assault if Someone Else Hit You First?

Yes. The fact that someone else struck the first blow does not give you immunity from an assault charge. If a prosecutor or a court determines your response was excessive or retaliatory, you can still face arrest and prosecution.

Consider these factors:

• Proportional Force: While you have a right to defend yourself, the force you use must be reasonable and proportional to the threat. Using a level of force greater than what was necessary may lead a court to view you as the aggressor.

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