Posted on December 20, 2017 in Miami Criminal Defense News & Articles

On November 8^th, 2016, Florida passed Amendment Two. This was known as Florida's Medical Marijuana Initiative, and as the name suggests, it allows access to marijuana for medicinal purposes. The law passed with 71% of voters approving the bill, however it has been a time-consuming process attempting to implement the new rules.

In fact, the legislature is still going through the process of implementing many aspects of the law. This includes how marijuana will be consumed, dispensed, and grown. In other words, the law does not yet provide patients with the level of access voters envisioned.

Medical marijuana is a field that criminal lawyers in Miami need to pay close attention to. We are often asked about medical marijuana, how to obtain it, whether it is legal, and how to deal with other potential legal issues. In this post, we'll discuss how to obtain medical marijuana legally and safely.

How to Get Medical Marijuana, According to A Criminal Lawyer in Miami

While some specifics are still being worked out, it should be known that medical marijuana is currently available in one form or another, for those that need it. It's also well established that certain requirements need to be met in order for the patient to be eligible.

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 Posted on December 19, 2017 in Miami Criminal Defense News & Articles

In Miami, police are required to have some evidence of criminal activity in order to detain someone and proceed with an investigation. This is true for drug related crimes and DUIs.

In one recent case in Florida, police witnessed an individual slumped in a car, sitting in the driver's seat. The individual was parked at a convenience store but the car engine was running. The police went to investigate and found that the driver was asleep. They knocked on the door in an attempt to wake her but this was unsuccessful. While inspecting, they noticed the smell of alcohol coming from within the vehicle.

The police then forcibly opened the door and shook the woman awake. They conducted a DUI investigation and the woman was then arrested for DUI.

Looking at cases like this is always interesting for a Miami criminal defense attorney. This is not a black and white case and that's the way the criminal defense lawyer on the case saw it. They argued to the court the police had no legal basis for opening the door to remove the woman from the vehicle. However, the court disagreed. In Florida, the police are not permitted to search a vehicle or detain an individual without specific evidence of criminal activity – as we have already ascertained. This was the angle the defense attorney was going with.

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 Posted on December 10, 2017 in Miami Criminal Defense News & Articles

Drivers who are pulled over on suspicion of DUI and have breath tests results over 0.8 may feel that their fate is sealed. However, even if your breath alcohol level was over the limit, there is still a chance for the dismissal of your DUI case. A Miami DUI Attorney may be able to prove the officer did not comply with all of the procedures required to administrate a breath test.

The Rules of the 20 Minute Test

In the state of Florida, before administering a breath test during a DUI arrest, police officers are required to follow the 20 minute rule. For 20 minutes prior to the administration of the breath test, the person who has been arrested must go through an observation period, to make sure they do not belch or vomit up any alcohol or consume any substance that may affect the results of the test. Police officers are under considerable time pressure and may leave out a few steps or neglect a few details during DUI investigations. A criminal attorney in Miami can spot flaws in the investigation and may be able to exclude the breath test results from evidence.

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 Posted on December 10, 2017 in Miami Criminal Defense News & Articles

Often, when people are arrested, they assume the cards are stacked against them and the officer's actions will not be questioned. However, if an arrest has been made, the validity of the arrest is not a given. In many cases, evidence is thrown out when the arrest was done improperly or by officers functioning outside of their jurisdiction. A Miami criminal defense lawyer can help you determine whether the arrest was appropriate, and if it was not, then you may be free of the headache of having charges filed against you.

What About a Citizen's Arrest?

In reality, anyone can make an arrest given certain factors. Disclaimer: we do not recommend you make citizens' arrests. You could face civil and criminal liability in the event of an improper citizen's arrest. However, if someone is engaged in illegal activity or dangerous behavior constituting a felony, a citizen can act as an officer of the law and arrest someone. However, the activity the person is engaged in must be proven to be illegal and not merely annoying. If an officer has arrested you outside of their jurisdiction, they could cite their right to make a citizen's arrest, but they are given no more leeway just because they have a badge. Like anyone else, he or she would have to prove a citizen's arrest was justified. A criminal lawyer in Miami can clarify what constitutes a justifiable citizen's arrest and what does not.

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 Posted on December 08, 2017 in Miami Criminal Defense News & Articles

Unfortunately, many people currently on probation feel they are at a safe distance from serving jail or prison time. However, they may find themselves behind bars if they violate the terms of their probation. Some of these violations may be obvious, such as committing new crimes. But if you are in the wrong place at the wrong time, miss a curfew or have not paid court costs, you could find yourself in hot water. A Miami criminal lawyer can help you avoid the worst consequences of technical probation violations.

How Are Technical Probation Violations Viewed and Treated?

When a court decides to put someone on probation, they have determined that the person does not yet deserve a jail sentence, as long as the terms of probation are complied with. However, a violation of these requirements may cause the court to change their mind about jail or prison. If the supervisor feels the probation terms have not been met, they will issue a notice of violation with the court. This can happen if there is a new arrest or simply a technical violation. A Miami Probation Violation Attorney can help ease the penalties for technical violations which may include:

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 Posted on December 07, 2017 in DUI

People facing a DUI in Miami may feel so overwhelmed with the situation that they may not realize the technology the police used to make the arrest may benefit their case. The police have highly sophisticated devices to track speeding violations. These devices are frequently used in cases that result in DUI arrests. However, there are many requirements and regulations governing the use of these devices, and it is possible the officer did not use the technology properly. A Miami DUI Lawyer who is well-versed in these rules may be able to help get your DUI dismissed.

How a DUI Arrest is Made

To make a DUI arrest, an officer can't just go on a gut feeling to pull people over. They have to have some reasonable cause to stop a driver. The officer has to witness the driver operating his or her car in an erratic manner, violating traffic laws or speeding. A Miami criminal attorney will help get your case dismissed if a police officer pulled you over without having a legal reason to.

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 Posted on October 17, 2017 in Miami Criminal Defense News & Articles

Because of the numerous law enforcement shows on TV, most people are familiar with their Miranda rights. Most Americans know these from memory, and they can recite them.

Because we're so familiar with these words, we might think we know how to apply them in specific situations, but many of us really don't know what we're talking about. We're not familiar enough with the law to know how they should be applied or what they mean. Generally, a police officer doesn't have to read you your rights during a casual street encounter. However, they have to do so if they arrest someone and begin to interrogate them.

If you've been arrested, you need to get in touch with a criminal lawyer in Miami right away. A Miami criminal defense attorney can advise you of your rights and help you get through the difficult and perhaps dangerous interrogation. Our criminal defense lawyer in Miami knows how to handle the police and work with detectives to ensure that you don't get yourself in more trouble by making incriminating statements to the police.

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 Posted on October 16, 2017 in Miami Criminal Defense News & Articles

At Stroleny Law: Criminal Defense Attorney, we are no strangers to defendants and clients that wish to change their plea after the fact. It is quite common for defendants to change their mind as to how they wish to proceed, especially after they have spoken with a professional Miami criminal lawyer and learned more about the implications of their plea. For example, they may learn that their plea can impact their immigration status – that they might even face deportation!

This is why it is so important to find a criminal defense lawyer in Miami and to speak with them before making any decisions.

But what if you have already made your plea and you wish to change your mind?

If you have been arrested for a crime in Miami and you have already entered a plea of guilty or no contest, then there might be an option to withdraw that plea, assuming there is a good cause. It is important to remember that the judge has the discretion to allow this action. And normally, the judge's decision will be dependent on the presence of a good reason.

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 Posted on October 13, 2017 in Miami Criminal Defense News & Articles

When a regular citizen finds themselves on the receiving end of a criminal court case, it can be a normal response to feel rather helpless and even victimized. It can feel as though the 'force of the government' is being brought down upon you and there's nothing you can do to stop it.

But as a Miami criminal law firm, we have a more nuanced understanding of the law. When the law is being used as a weapon against citizens, we must put the law back to use for the benefit of the citizens.

In reality, the law is highly complex and is designed in a way to prevent it from being abused on either side. If you find yourself facing charges for crimes relating to drugs, then there are numerous defenses that a good Miami Drug Crime Attorney can use for your benefit.

One is the entrapment defense. Many criminal lawyers in Miami will overlook this option but it is a very important defense.

Basically, entrapment explains cases where you have been purposefully induced to engage in illegal behavior which you are not predisposed to do. For example then, if a police officer were to go undercover and sell you drugs only after "twisting your arm" to buy the drugs, this would be considered entrapment.

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 Posted on October 10, 2017 in Miami Criminal Defense News & Articles

The law is a highly complex and intricate subject matter, with many different exceptions, rules and considerations. While this can sometimes seem inconvenient, it is actually that way for a reason. Laws regulate lives and life isn't always straightforward. There are exceptions for most rules. Such a protocol exists in order to protect the rights of regular people, while also giving the state the power it needs to maintain peace.

Is it perfect? Not at all. Especially because you need to have a full knowledge of the law in order to get it to work for you. Or at least you need to find a Miami criminal defense lawyer that understands the law and can represent you in court and advise you leading up to your hearings. At Stroleny Law: Criminal Defense Attorney we take great pride in our work to help regular people avoid unfair charges.

Take for example cases where you are caught driving with a suspended license while also under the influence of drugs or alcohol. In such scenarios, you might reasonably expect that the state attorney could try you for both of those crimes at the same time.

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