Recent Blog Posts
Want Medical Marijuana in Miami, FL? You Have to Give Up Your Gun
In the state of Florida, people are starting to see the opening of more medical marijuana dispensaries. This is good news for those who suffer from illnesses that can be helped by medicinal marijuana. However, if you own a gun, you should take note. If you have a gun and a medical marijuana card, you could end up facing some serious federal criminal charges.
The state of Florida allows a person to own a gun and to use medical marijuana, but not both. This is one of the restrictions that is listed on the form when purchasing a firearm. Federal law states that a person that uses marijuana, even medicinally, cannot purchase a gun legally. The reason for this is because marijuana, which has been decriminalized by many states, is still considered as a schedule 1 drug under federal laws.
According to our Miami criminal attorney, this is one area where some state and federal laws are in contradiction. This law has been challenged in federal court and upheld, so it remains in place for now. For this reason, residents of Florida are caught in a situation where they will have to choose between which is more important, their second amendment right to bear arms, or their medicine.
Miami Criminal Lawyer Explains, Brown Paper Bags Do Not Mean You Can Drink in Public
You walk into a liquor store to purchase some alcohol and you walk out with it in a brown paper bag. This is a common practice in a majority of liquor stores across the United States. When you walk out you may think that you can simply open the container and drink out of it as long as the contents remain surrounded by the brown paper bag.
The truth of the matter is, as any Miami criminal lawyer will tell you, the brown paper bag does not shield you from any type of criminal charges if you are drinking alcohol in public. In fact, according to our Miami defense lawyer, drinking alcohol from a brown paper bag could even draw more attention to you, increasing your chances of getting arrested.
Here is a little bit of information about the drinking out of a brown paper bag myth.
Why Liquor Stores Use Paper Bags
Many of the myths that surround the brown paper bag drinking practice come from laws in certain states that do not allow liquor stores to sell alcohol that is not covered in some way.
Want to Buy a Home? Watch Out for Mortgage and Loan Fraud in Miami
When you go to purchase a home, it is likely that one of the last things from your mind is being the victim of a fraud crime. After all, if you go through the proper channels and deal with professionals, purchasing a home is supposed to be safe. Unfortunately, that is not always the case, especially in Miami.
The real estate business, including the mortgage industry, are highly regulated. And while sometimes there are legitimate mistakes, other times, errors or mistakes in real estate transactions are viewed as fraud or attempted fraud. While a prosecutor is required to prove the defendant intended to commit fraud in order to secure a conviction, the defendant will likely face irreparable damage to their reputation due to the allegation. For this reason, it is important to have a criminal lawyer Miami offers on your side if you are accused of fraud.
Mortgage Fraud Definition
A Miami criminal lawyer defines mortgage fraud as any type of intentional omission, misrepresentation, or misstatement that is related to the loan. In order to qualify as being fraud, the misstatement or omission has to be material. This means that it could influence the bank's decision on an important issue such as whether or not to approve a loan or agree to amended payment terms or to accept a reduction in the payoff amount.
Should You Speak With the Police? Criminal Attorney in Miami Advice
If you have been involved in an incident involving law enforcement, then chances are you will be approached by the police to give a statement. The question is, should you do so? By speaking with the police are you potentially damaging your chances of a fair trial? What are your rights?
This is a time when it is very useful to gain consult from a criminal attorney in Miami. If you explain your situation to one of our criminal defense attorneys, then they can advise you on your particular case and let you know what the best way to proceed is – both from a moral perspective and in terms of your own chances of a successful defense.
In lieu of the opportunity to speak with a Miami criminal defense attorney directly, the next best thing is to follow the advice in this post...
What to do if You're Invited to Come Down to the Station?
If you are invited to come down to the station to clear things up, or if you're invited to get in touch and give a statement, then what should you do?
Criminal Lawyer Explains When Domestic Violence Becomes a Felony
Criminal defense lawyers often find themselves dealing with difficult and complex situations. They will have to speak with not only the victims of domestic abuse, but also those that have been accused of domestic battery. In the latter case, clients often wish to have their charges dropped – which is always the best-case scenario.
A large number of battery cases are filed as misdemeanor charges. These charges can result in penalties including up to one year in county jail. However, in some cases, the allegations are more severe and will be filed as felonies. Here, the potential repercussions are significantly more severe for the accused, and that makes it very important that they find a domestic violence lawyer in Miami to ensure they have representation and can get a fair trial.
Felony Battery
Felony battery is one type of domestic violence charge. Felony battery is defined as intentionally touching or striking another person, resulting in 'great' bodily harm, permanent disability or permanent disfigurement, as defined by the Florida Statute section 784.041(1).
Underage DUI - The Laws, Penalties & Help from a Miami DUI Lawyer
A DUI is a serious criminal charge in Florida. Likewise, the same is also true for underage drinking, with Florida taking a zero-tolerance stance on alcohol-related crimes.
Despite clear attempts to come down hard on underage drinking, it is estimated that 9.5% of all alcohol sold is purchased by underaged individuals.
Because underage drinking is such a common problem, many such individuals find themselves on the receiving end of serious criminal charges. Fortunately, with the help of a Miami DUI Lawyer, it may be possible to either lessen or avoid such charges. While the laws are strict, prosecutors and judges can be reasoned with and more interested in treatment than punishment.
Things get more complicated once you introduce DUI charges into the mix. In these cases, defendants should secure the services of a Miami criminal defense lawyer immediately, in order to stand the best chance of a fair trial and a favorable outcome.
The Laws
For people 21 years of age or older, a blood alcohol level over.08% means they are legally intoxicated. However, this number is lowered significantly for those under the age of 21.
Miami Criminal Lawyer Explains, In Grand Theft Cases, State Must Prove Value of Stolen Item
In Florida and Miami, theft is a felony offense and is referred to as 'grand theft' when the object stolen is worth $300 or more. If the property that was stolen is valued below $300, then the offense is considered a misdemeanor. Misdemeanor theft cases are referred to as "petit thefts". There are significant differences in the way these two types of cases are assessed in court and in the potential consequences for the defendant. This is why it is so important for defendants to be fully informed by a Miami Criminal Lawyer before they make any decision as to their case.
Because the value of the stolen object is an element of the crime, value is an important issue to litigate in these criminal cases. Ultimately, the responsibility to prove value falls upon the state. If the state cannot prove the value of the property to be $300 or more, then the offense will be considered a misdemeanor. This is important for any defendant and for any Miami Criminal Lawyer. Fortunately, if the state cannot or does not prove the value of the stolen object, the offense will be considered a misdemeanor even when it seems obvious that the item would be more expensive.
What Happens if the Police Don't Read You Your Miranda Rights?
Through TV and popular movies, we've all seen enough crime dramas to have an idea of how things are supposed to go when someone gets arrested. After the subject has been placed in custody, the police officer will read them their Miranda rights, which goes something along the lines of 'you have the right to remain silent, anything you say can and will be used against you in a court of law...'. We've all seen it.
But savvy viewers know that just because something is true on the silver screen, doesn't mean it's true in real life in Miami.
So what actually happens if the police do not Mirandize a suspect in Florida? That's a question for a Miami criminal defense attorney – though you'd be surprised how often this topic can lead to confusion among even seasoned lawyers.
If you're arrested and you are not read Miranda, then statements you made after being taken into custody can later be suppressed through a motion. This motion is known as a Motion to Suppress and will be filed by your criminal defense attorney. Of course, any evidence you have showing that Miranda was not read to you will be helpful. If your friends videotaped your arrest, preserve this video. If you remember a timeline of your arrest, write down the sequence of events and times before you forget them. These pieces of evidence could be very helpful later in your motion to suppress.
4 Tips to Avoid a Traffic Ticket from a Criminal Attorney In Miami
You've been pulled over by the cops for speeding, for running a red light, or for failing to stop at a stop sign. You're cursing under your breath right now and you're wishing things had turned out differently.
While this is always a frustrating and worrying moment, don't panic just yet. Police are people too and many of them are very reasonable. They know that we all make mistakes from time to time and that you may very well be a great driver who was just having a bad day, or perhaps were momentarily distracted.
In other words, if you respond correctly then there's a chance that you may be able to avoid a ticket. Here are some tips from a Criminal Attorney In Miami to help you ensure that happens.
- Use Your Manners
The first and most important tip is to make sure that you remember your manners and that you answer respectfully. A lot of cops are given a hard time when they pull someone over for a traffic ticket. It feels personal, but the truth is that it really isn't. The cops are just doing their job and they probably don't particularly enjoy this aspect of their responsibilities!
Defendant's Confession Alone is Not Sufficient for a Conviction in Miami
When you are facing any form of criminal court case, it is crucial that you have a full understanding of the charges and your rights. It is a common misconception that the law exists in order to keep normal citizens 'in line'. In reality, the law is designed to ensure the pursuit of justice is fair, and that cuts both ways.
Often times, the real job of the law is to protect normal citizens. This is why it's so important that you have the help of a Miami criminal defense attorney. Ensure the law isn't being used against you unfairly, use it in your own defense. Stroleny Law: Criminal Defense Attorney is a top Miami criminal law firm that is proud to support the local community and help them when they need it most.
One aspect of the law we always ensure our clients are fully informed about is the role of their confession. Contrary to popular belief, a confession on its own is insufficient to sustain a criminal conviction in Miami.
That's right! Just because you confessed to a specific crime or breach of the law does not mean that you are going to be found guilty. Knowing this can change the way you approach your case.
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66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
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Miami, FL 33130
305-615-1285
