Posted on July 16, 2018 in Miami Criminal Defense News & Articles

Addictions don't define who we are. And every day, people decide to enter a completely new phase of their life and leave their addictions behind. For some people making this big change, prior legal issues remaining from their old life need to be resolved. These legal issues can have a major impact on their lives in the long-term, including leaving a permanent mark on their criminal records. If you need help with legal issues related to your drug addiction, we represent those fighting with drug addictions. Contact our office for a consultation with our criminal law attorney in Miami and see how we can best help you.

Addiction Statistics

From what we know about drug addiction statistics according to the CDC, at least 10% of people aged twelve and over have had an experience with drugs in the past month – and at least 23.5 million Americans were estimated to be struggling with a combination of drug and alcohol addiction in 2010 as surveyed by DrugFree.org. Drug addiction is a prevalent issue, and a lot of people move on with their lives after addiction – but the legal issues they have encountered often stick. You want to find a drug crime attorney in Miami who can prepare a credible defense on your behalf and ensure that you really are moving forward with every aspect of your life.

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 Posted on July 09, 2018 in Miami Criminal Defense News & Articles

Marijuana is legal at the state level in many places in the US, for medicinal and recreational use. But there are still cases of people being charged with marijuana possession, sale, cultivation, and trafficking, on the federal level. Often this charge carries additional enhancements, such as trafficking across state lines or cultivation. In less serious cases, people can be charged with possession for minimal amounts, since marijuana is still considered a Schedule I drug. If you have to face charges for marijuana possession in federal court, you want a Miami drug crime lawyer to represent you on your case.

Potential Penalties

If you've been charged with a marijuana crime in federal court, losing your case could carry severe penalties, which include a hefty fine, time in jail – and a permanent criminal record. There are other factors which can impact your sentence for the worse, including:

• The amount of marijuana in question, and whether it was sold or transported over state borders.

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 Posted on July 02, 2018 in Miami Criminal Defense News & Articles

A charge of Resisting Arrest with Violence carries severe penalties in the state of Florida. Unlike a misdemeanor charge of resisting arrest without violence, Resisting Arrest with Violence carries heavy fines as a penalty, and you might even be looking at jail time if you are convicted. If this is the position in which you find yourself, you should hire an excellent Miami criminal defense attorney to represent you on your case.

Explaining Resisting Arrest with Violence

If you are placed under arrest by an officer and resist, you will be charged with resisting arrest. But what if you resisted arrest with force or even slight force? Then you might be charged with Resisting Arrest with Violence, which carries much more severe penalties. Resisting Arrest with Violence is considered a third-degree felony offense within the state of Florida, and you could be punished with up to five years in prison, five years' probation, and $5,000 in fines.

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 Posted on June 14, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Defense Lawyer News: The Second Amendment to the Constitution of the United States guarantees the right to bear arms. Nonetheless, states such as Florida, have introduced legislation to regulate the private possession of firearms.

Violating these laws will result in your arrest by the police and processing through the judicial system. Penalties include forfeiture of the weapon, limitations on future firearms ownership, and even a possible prison sentence. If charged, you'll want to hire a criminal lawyer in Miami, to avoid a conviction and possible jail time. Here is a brief overview of gun charges in Florida.

Possession of a firearm by a convicted felon

It's illegal for convicted felons to possess firearms in the State of Florida. Possession covers two types of firearms arrests. Being caught with the gun on your person is termed actual possession. Construction possession is the term used for firearms found in your home or vehicle.

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 Posted on June 12, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Attorney News: Many U.S. law enforcement agencies now use body cameras as standard operational equipment. The technology enables police officers to record all of their engagements with the public while on duty. Body cam recordings have both benefits and drawbacks for both the public and police officers. If you are charged with a crime by the police, a Miami criminal defense attorney can recover the video evidence recorded by the body cam. The footage may prove your innocence or your guilt.

Who Benefits from Body Cameras?

Body camera evidence has an impact on verdicts in court proceedings all over the United States. Footage taken by arresting officers helps both prosecutors and defense attorneys in building and presenting their cases.

Video evidence can show officer misconduct during an arrest, thereby benefitting the defendant. Likewise, prosecutors can use the footage to prove their case.

Body Cameras and DUI Cases

Many police departments require traffic officers to carry body cams along with their standard dash-cams found in patrol cars. The camera records the police officer's engagement with drivers and their passengers during a routine stop or roadblock.

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 Posted on June 09, 2018 in Miami Criminal Defense News & Articles

The ongoing opioid epidemic in the United States is cause for real concern with the health of Americans at stake. Addicts regularly abuse drugs used to treat chronic diseases such as nerve pain and anxiety.

Miami criminal defense lawyers have seen an influx of people, charged by the police, for unlawful possession of scheduled medications such as OxyContin, Xanax, and Vicodin. If law enforcement officers catch you with prescription meds on your person without a doctor's prescription, you could face serious charges that include jail time and fines.

Florida Statutes Chapter 893 makes it illegal to carry controlled substances without a prescription from a licensed medical professional.

Felony Penalties for Illegal Possession of Prescription Medications

Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such as Xanax, and narcotics, including oxycodone, hydrocodone, fentanyl, methadone, and morphine.

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 Posted on June 07, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Defense Attorney News: As a physician, the management of your business is critical to its success. Unfortunately, medical professionals are busy people that don't have much time for the nuances of business operations. As a result, their practice is exposed to mismanagement by employees, with potentially disastrous consequences. Billing fraud is rampant in the medical services community. If an investigation by healthcare authorities finds your practice guilty of mishandling billing, you could face arrest and indictment for fraud. You'll want to hire a Miami criminal defense attorney to represent you in court and clear your practice of wrongdoing.

Fraud in Healthcare

According to the CMS (Centers for Medicare & Medicaid Services), national health costs in the United States totaled more than $3.2 trillion during 2017 or about $10,000 per capita. According to these statistics, healthcare spending is set to grow at a pace of 6.2 percent annually until 2021. This trillion-dollar market comprises of providers, vendors, payers, patients, suppliers, employers, and pharmacists in both private and public practices across all levels of healthcare services.

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

Decriminalization and legalization of marijuana efforts are sweeping across the United States. In recent years, medical science has shown links between cannabis consumption and reduced levels of chronic inflammatory disease and a myriad of other benefits. The full benefits and risks of marijuana use are still relatively unknown. However, this doesn't stop citizens from exercising their right to consume cannabis safely.

Many states would forgive you for thinking that possession and consumption of marijuana are entirely legal. However, in reality, marijuana is still illegal at a federal level in all states. This legislation means that authorities can charge you for consumption, distribution, or sale of cannabis and related products.

Many states, and their branches of law enforcement, still outlaw the possession and consumption of marijuana at a state level. Florida is an example of a state with strict laws and penalties for regulating the use and sale of cannabis. If you find yourself on the wrong side of the law, you will want to hire a criminal attorney in Miami to avoid trouble.

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 Posted on May 14, 2018 in Miami Criminal Defense News & Articles

For any alleged offender, probation is a more favorable alternative to a prison sentence. Being put on probation allows an individual to still have a semblance of a normal life. For some, it even allows them the opportunity to acquire work, come home to a house, and see their families.

However, there are still restrictions. These restrictions are mandatory and strictly imposed. Violating the conditions of your probation could force a court to revoke your probation. This could also mean severe penalties, which can involve jail time.

If you have violated your probation terms, you will need to attend a probation violation hearing. Even if you had committed the violation unknowingly or accidentally, the strict imposition of these terms could still lead to you losing the hearing.

What Happens Then?

When the officer in charge believes that the probationer has violated probation terms, they will prepare a report and a Notice of Hearing for the probationer to sign. Either that or a Notice of Violation/Violation of Probation Warrant will be sent to the judge. This is prior to your probation violation hearing.

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

If you have ever monitored a court case from beginning to end, you have heard the words, "plea agreement" quite often. A plea agreement is exactly that - an agreement. A plea agreement is between a prosecutor and a defendant under defined parameters.

Each criminal case is unique. Every case presents its own level of difficulty and, more often than not, complexity. Criminal cases are one of, if the not the most, difficult cases to handle and plea agreements are the most popular course of action in criminal cases.

An experienced criminal defense attorney in Miami will tell you that a plea agreement can resolve the majority of criminal cases. In fact, it has. And in scenarios where the evidence is stacked against the defendant, plea agreements can be a useful tool in their defense.

But How Does It Work?

In Florida, plea agreements are valid legal documents according to the Florida Rules of Criminal Procedure. When forming a plea agreement, both the prosecutor and the defendant (or the defendant's attorney) may discuss the terms of a plea.

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