Posted on January 28, 2019 in Restoration of Rights

As 2019 begins, it is important for all of us to take stock of our goals for the coming year. For many Floridians with old criminal convictions, 2019 can be an opportunity to restore civil rights and move forward with their law-abiding lives. Consult with the experienced criminal defense lawyer at Stroleny Law: Criminal Defense Attorney today to learn about the benefits of the restoration of voting and gun ownership rights.

Amendment 4

One of the most important changes Florida criminal defendants have encountered in recent years occurred in November 2018. With the passage of Amendment 4, most Florida felons now have the right to have their voting rights restored upon completion of all terms of a sentence, including parole or probation. The new law only excludes those defendants convicted of murder or felony sex crimes. This could create monumental shifts in Florida elections. According to WLRN, more than a million felons in Florida are eligible to have their voting rights restored, which would increase Florida's voting population by ten percent. On an individual level, the right to vote is an important civil liberty that allows all citizens to have a say in government. Restoring voting rights to felons in Florida is an important step toward equal representation in statewide elections.

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 Posted on January 24, 2019 in DUI

Miami DUI defense attorneys are warning revelers at the "Big Orange Drop" this New Year's Eve that law enforcement agencies will be extra-staffed over the holiday and on high alert for impaired drivers throughout Southeast Florida.

Miami CBS Local reports that in Miami and numerous surrounding communities, police patrols will be out in full force with "Operation Safe Holidays," complete with high concentrations of officers as well as numerous DUI checkpoints, with help from the Florida Highway Patrol. Citing federal data, Miami CBS reports holiday drunk driving deaths are up 35 percent.

The Miami DUI defense lawyer at Stroleny Law: Criminal Defense Attorney, of course, encourages everyone to prioritize their safety amid the celebration by designating a sober driver, getting an Uber (the company is offering New Year's Eve and New Year's Day 25 percent discounts) or simply staying in with friends or family. However, if you do choose to join the festivities – and are arrested for DUI in Miami-Dade or any nearby counties – there are some important things you should know to preserve your rights.

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 Posted on January 15, 2019 in Miami Criminal Defense News & Articles

Florida's "stand your ground" defense has received much attention in recent years due to high-profile shooting cases. This controversial law allows Floridians to "meet force with force - including deadly force." The 2012 shooting of Trayvon Martin, in particular, raised serious criticisms of Florida's "stand your ground" law. The Washington Post reports that Martin's shooter, George Zimmerman, claimed self-defense. He was ultimately acquitted of both murder and manslaughter by a Florida jury in 2013.

With so much media attention, it is inevitable that there will be misinformation and confusion about the operation of the "stand your ground" defense. In the material below, the experienced defense lawyer at Stroleny Law: Criminal Defense Attorney explains how this defense works. If you or a loved one is facing any type of firearms charges, it is important to seek legal advice as soon as possible. Call 305-615-1285 today to schedule a consultation with our highly skilled Miami criminal defense attorney.

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 Posted on January 14, 2019 in Miami Criminal Defense News & Articles

Like many other states, Florida has established legal rights for the victims of crimes. These rights are an important part of the criminal justice process for victims, who otherwise have no legal standing to participate or be heard in the court proceedings against the defendants who harm them. It is important that these rights be defended by an attorney who is skilled in the criminal justice system.

While it may seem counterintuitive, criminal defense attorneys are in a good position to defend crime victims' rights during a criminal prosecution. Remember that prosecutors represent the state, and thus cannot also represent the victim. Victims have the right to hire a criminal defense attorney to protect their legal rights as a crime victim. An experienced criminal defense attorney will know exactly what defenses are likely to be raised, and how to protect the victim's rights in the face of such strategies. If you or a loved one has been the victim of a crime, call 305-615-1285 today to schedule a consultation with an experienced Miami victim's rights attorney at Stroleny Law: Criminal Defense Attorney.

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 Posted on January 11, 2019 in Miami Criminal Defense News & Articles

Like many states, Florida has enacted legal protections for the use of medical marijuana. Unfortunately, these regulations can often be confusing, technical, or arbitrary. State law also conflicts with federal law, which still bans all marijuana use for any purpose. Because of this, many medical marijuana patients can be threatened with convictions for various offenses related to their use and possession of medical marijuana. An experienced Miami marijuana attorney can help prevent convictions related to medical marijuana.

How Can I Lawfully Use Medical Marijuana in Florida?

The Florida Department of Health maintains an Office of Medical Marijuana Use. The Office maintains a registry of identity cards for medical marijuana users and also provides information about the legal use of medical marijuana. Florida law has a restrictive list of conditions that qualify for medical marijuana use. It can, therefore, be more difficult to obtain a medical marijuana card in Florida than in other states.

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 Posted on December 15, 2018 in Drug Lawyers

If you are facing a first-time drug offense, there's a good chance that you're weighing your options regarding retaining a criminal defense lawyer. After all, first-time simple possession cases do not usually result in significant sentences, and hiring an attorney can be an expensive proposition.

It's important to understand, however, that the sentence that the court can impose is only the tip of the iceberg when it comes to long-term consequences of a conviction for a drug offense. There are serious collateral consequences as well, many of which could arise long after your court-imposed sentence has ended. For this reason, it's important to retain a Miami criminal attorney for any drug offense, no matter how minor.

Employment Consequences

Employment background checks have become nearly universal, and many employers are hesitant to hire an applicant with a criminal record – and a criminal record involving drugs can be particularly troubling. Furthermore, don't make the mistake of thinking that you are safe because you already have a job. Florida is an at-will employment state, which means that employers can let you go for any legal reason, including a drug conviction.

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 Posted on December 11, 2018 in Miami Criminal Defense News & Articles

It's easy to think that you don't have any options after you've been arrested for drunk driving, especially if you provided a breath sample or performed a field sobriety test. In reality, however, driving under the influence (DUI) cases are rarely "open and shut," and there are often legal defenses a Miami DUI attorney can raise that could result in the dismissal of your case or an acquittal at trial.

DUI defenses are often complicated and based on legal issues related to the conduct of officers during your arrest, so it's difficult for non-lawyers to know when they apply. For this reason, it's absolutely imperative for anyone arrested for DUI to speak with a Miami DUI defense attorney as soon as possible.

Here are some of the defenses that may be applicable to your DUI case:

Unlawful Traffic Stop – The police can't just go around pulling people over for any reason they want – they need to have reasonable suspicion that a crime is happening or has recently been committed. If they don't, any evidence they gathered during the traffic stop can be suppressed, meaning it can't be used against you in court.

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 Posted on November 06, 2018 in Miami Criminal Defense News & Articles

When a warrant is issued in your name, it can be a terrifying situation for most-especially if you've lived your life without being arrested before. It's true that most people don't know what to do when law enforcement officers show up at their home or place of business to take them into custody with a warrant bearing their name.

We would strongly advise you to seek the help of a criminal lawyer as soon as you are aware of the warrant. It not only ensures that a competent Miami criminal defense attorney can advise you on your next step when it comes to the case, but it also ensures your side is properly represented in court if this becomes necessary.

Reasons for Arrest Warrants

There are many reasons that a warrant might be issued bearing your name. In some cases, it can be an issue of mistaken identity, and the warrant might have been wrongly issued in your name.

In other cases, the warrant might compel your appearance in court to testify on another matter. If your appearance was mandatory and you failed to appear, the judge could issue a warrant for your arrest.

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 Posted on October 08, 2018 in Miami Criminal Defense News & Articles

A DUI is a severe offense in the state of Florida and can come with harsh penalties if you are found guilty. Being convicted of aggravated DUI charges can affect your life for a long period of time, and it even has the potential to affect your likelihood of owning a gun for recreational or sports purposes.

Guns and recreational gun laws have been getting much publicity over the past couple of years. Did you know that a felony DUI conviction could stand in your way of getting a gun license and that it might even prohibit you from owning a gun entirely?

Below is more information about DUIs and gun rights. If you want to speak directly with an attorney about DUIs, gun laws, or defending your case in court, call our office now to get in touch with a Miami DUI lawyer. Your consultation with us is free!

DUI Statistics

Never say never-thousands of Americans are convicted of a DUI every year, and your conviction could depend on something as simple as the DUI attorney appointed to your case. You will need a DUI attorney who has represented cases like yours before and who can represent your case aggressively when the time comes.

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 Posted on October 05, 2018 in Miami Criminal Defense News & Articles

If you have been arrested for any criminal offense in your lifetime, that event will end up on your permanent criminal record. This is something that can affect you for the rest of your life, regardless of the circumstances surrounding your arrest, so it's fair to say that arrests and criminal records can follow you around for life.

This can have plenty of unfortunate consequences that affect every part of your life, from getting a job to leasing an apartment. The good news is that in some cases, criminal charges can be removed from your record; yet, there are also exceptions, where criminal charges cannot be removed from your record.

It's important that you understand the difference between criminal charges that can be removed, through a process known as sealing, and criminal charges that stick. Here's more about criminal charges, including how they work.

If you are in need of professional legal advice, contact us, and we'll put you in touch with a Miami criminal defense attorney who can give you the best advice on your individual situation and, if needed, represent you in court.

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