Posted on September 20, 2019 in Fraud

Pyramid schemes in Miami, FL have significantly increased in the past several years, and therefore, it is considered a serious charge that requires aggressive representation by an experienced Miami criminal defense lawyer. A pyramid scheme conviction can have a significant impact on the defendant's reputation, life-style, and on his or her ability to obtain a future employment. Fortunately, there may be several defenses available to the defendant that could excuse him or her from a conviction. Although every case is unique in its own set of facts, it is important to seek an experienced criminal lawyer who could appropriately advice you to the defense(s) that best fit your case. If you or your business is being accused of allegedly running a pyramid club or a pyramid sales scheme it is important to seek the advice of an experienced criminal defense lawyer attorney to inform you of your rights and make sure you understand all aspects of the complex legal process. At Stroleny Law: Criminal Defense Attorney we represent clients charged with operating a pyramid scheme, and will work hard to effectively contest allegations of affiliation or operation of a pyramid scheme.

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 Posted on September 19, 2019 in DUI

If you've been arrested on DUI charges recently, you may have considered asking a Miami Criminal Lawyer any number of questions. One of these might be, "When is driving under the influence a felony?" If your circumstances have involved any one of the following, it's an important question:

• You have prior convictions of DUI on your record.
• While under the influence, you caused an accident and the accident caused serious injury or death to others.

If one or more of these apply to you, it's natural to ask such questions.

The answer depends on many factors. It might put your mind at ease to know that most, though not all, of the DUI charges in Miami are misdemeanors. Our experienced criminal defense attorney in Miami has dealt with hundreds of DUIs. But let's take a look at a misdemeanor DUI example before we discuss the question of DUI felonies.

If, in an accident, a driver causes personal injury or damage to property, the offender will be charged a first degree misdemeanor, and can be punished by up to one year in jail and a maximum fine of $1,000. In this situation an aggressive Miami DUI Lawyer works to drastically reduce the penalties.

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 Posted on September 19, 2019 in Drug Lawyers

Synthetic drugs are being created all the time and for this reason it is difficult for law enforcement officers to keep up with the different variations of drugs that are available. However, a law was passed recently that will apply to the different synthetic drugs that are now on the market, and it could even cover some of the drugs that are not even available yet. If you have been arrested for synthetic drugs, contact a Criminal Attorney in Miami immediately.

What are Synthetic Drugs?

In the state of Florida there are several synthetic drugs that have gained in popularity over the past few years. Some of these synthetic drugs include Spice, Flakka, K2, and bath salts. There are several others that are currently gaining in popularity as well.

Typically a state will outlaw a specific type of synthetic drug and then the dealers will alter the formula for the drug in order to get around the laws. This also means that the laws do not apply to the newer synthetic drugs that come onto the market. It is for this reason that a new law to address the new drugs that are created went into effect. This new law is a catchall law in order to cover synthetic drugs as a whole.

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 Posted on September 17, 2019 in Domestic Violence

The definition for domestic violence battery in Florida is 'the touching or striking of a family member, household member or domestic partner against their will'.

This subject is highly politically charged throughout the State and prosecution is often aggressive and handled by specialist prosecutors. If you find yourself on the receiving end of these charges, it is important that you defend yourself with the help of a domestic violence attorney in Miami.

It is particularly important to use a Miami criminal attorney in this case in fact, as any plea could subject the defendant to jail time, a permanent criminal record, deportation for immigrants, mandatory counseling and ineligibility for sealing or expungement in some cases.

Understand the Penalties

Those prosecuted for misdemeanor Domestic Violence Battery will face up to one year of jail or probation and $1,000 in fines.

As well as the statutory penalties for first degree misdemeanors, conviction can also result in collateral consequences, including:

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 Posted on September 17, 2019 in Drug Court

Over the last 25 years, state legislation has been increasing legal measures to address the ongoing war on drugs. Both Federal law and State statutes require a minimum mandatory sentence for high level drug crime charges. Drug crimes are usually considered serious felonies and the government does not hesitate to convict drug offenders. This is to keep drug crime off the streets and keep offenders in prison.

However, Florida's Judicial Circuit offers drug offenders the opportunity to avoid prosecution and seek treatment. The Drug Court Program is a treatment program for individuals who have substance abuse problems. This redirects them from prosecution, avoiding jail time and possibly keeping a felony conviction off their record as well.

So, How Do You Get In?

Drug Courts operate by county. If you are considering enrolling in your local Drug Court program, consult a criminal defense attorney in Miami to evaluate your eligibility. As simple as it sounds, getting into the Drug Court Program isn't exactly easy. And it is not only difficult to enter, some face complications while they are completing the program.

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 Posted on September 17, 2019 in DUI

DUI's below the legal drinking age of 21 can have serious if not life-changing consequences for the person accused.

This is due to Florida's Zero Tolerance policy which puts the legal blood alcohol level at 0.02% for under-aged drinkers caught behind the wheel.

It's therefore vital to contact a Miami DUI lawyer as soon as possible, ensuring that every avenue of attack is available before going to trial.

Administrative suspension: The 10-day Rule
Directly after arrest for such an offense, the officer will take the young person's license away and replace it with a temporary driving permit which allows them to drive for 10 days. This provides a window period for a DUI law firm in Miami to fight administrative suspension.

Although parents may be shocked at their children's conduct and even welcome suspension, the life-long repercussions of administrative suspension make this approach inadvisable. Instead, to avoid collateral costs such as a dramatically increased insurance premiums among others, it is usually best for parents make use of a skilled DUI lawyer in Miami to challenge the ruling.

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 Posted on September 17, 2019 in Drug Lawyers

Oxycodone (OxyContin) is an opioid pain medication and a schedule 2 drug in Florida. This means it is considered as having a high potential for abuse and is subject to severe restrictions in medical treatment.

It is therefore also illegal to be in possession of Oxycodone without a valid prescription and it is a third-degree felony to be found in possession of less than four grams. If you have been found in possession of this medication, then you should seek advice from a drug possession lawyer who can help you to better understand the charges and mount a defense to avoid severe penalties.

It is also important to understand some of the other potential penalties associated with possession and trafficking in Oxycodone.

The Trafficking Threshold

While being in possession of under four grams of Oxycodone is considered a third-degree felony, possession of 4 grams or more is considered a trafficking charge. This is very important to understand, as 4 grams can be found in a few pills because the weight limit is based on the weight of the pill – not the dosage of the active ingredient. If you are in possession of 10 pills that contain less than 4 grams of Oxycodone, you can still face trafficking charges due to the combined weight of the pills themselves.

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 Posted on September 17, 2019 in Drug Lawyers

Marijuana is legal in much of the United States right now, but it is not legal in all of the US by any means, and many people are still being charged with the possession, selling, growing, and trafficking of marijuana in states such as Florida. If this has happened to you, there is the potential of a heavy fine, jail time, or a combination of the two. If you have been charged with marijuana-related offenses in Florida, you need to set up a consultation with a Miami marijuana lawyer who can advise you on your next viable steps. Contact drug crime lawyer today.

Medical Marijuana in Florida

You might think that marijuana is legal in Florida already, but this is a common misconception, and it could get you into a fair amount of legal trouble. Marijuana is only legal for medical use in Florida, which requires a recommendation from a doctor. In legal terms, this means that you will find yourself in trouble if you are carrying marijuana in Florida without a recommendation for medical marijuana or if you are carrying more than the amount legally allowed by your recommendation. And having a recommendation doesn't mean you can carry just any marijuana, it has to be marijuana provided to you by your dispensary.

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 Posted on September 17, 2019 in DUI Lawyer in Miami

Florida's zero-tolerance approach to DUI makes it a charge that can have serious consequences; even a first-time offense can carry a fine of up to $1,200, 6 months of jail-time and a license suspension of 12 months.

These strict penalties mean that drivers should be tactful when stopped by police. Becoming agitated will only worsen the situation. Here are a few tips for avoiding an unnecessary run-in with law enforcement.

Tip 1. Keep your vehicle in top condition

By maintaining your vehicle in a road-worthy state, you'll eliminate the need for officers to pull you over in the first place.

Tip 2. Never back away from checkpoints

Although tempting for many drunk drivers, executing a U-turn can land you in hot water. Rousing the suspicion of police officers by encouraging your friends to do the same is inadvisable.

Tip 3. Breath mints don't always mask the alcohol

If you're sweating, Tic-Tacs won't prevent alcohol fumes from seeping out of your pores. Police officers are actually more suspicious if they can see you quickly popping a piece of gum into your mouth.

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 Posted on September 17, 2019 in Fraud

Fraud is defined as being wrongfully or criminally deceptive for personal or financial gain. Both individuals and businesses can be accused of committing fraudulent activities. For example, a company might be accused of promising to provide a service for a fee but then failing to or having no intention to meet the promise in the first place. Another example would be someone stealing the identity of another person to empty their bank accounts or apply for credit cards in their name.

There are several forms of financial fraud. Some of the most common types of financial fraud include:

• Accounting fraud
• Embezzlement
• Identify theft
• Mortgage fraud
• Credit card fraud
• Insurance fraud
• Bankruptcy fraud
• Telemarketing fraud
• Billing fraud

Prosecuting agencies treat fraud cases very seriously because fraudulent activities can impact private parties, large organizations, and even the government. People accused of fraud do not fit a particular description; they can come from any background, can be any age, and can have any level of education and professional experience. They can be well educated and serve as the CEOs of well-known organizations, or they can have no education or professional reputation. What these defendants do have in common is that they are forced to defend their actions or risk having their personal lives affected due to these allegations.

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