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

If you keep track of the news, you know that marijuana has been a topic of intense debate over the last year in Florida. Our criminal lawyer in Miami knows this all too well. So what's all the fuss? Presently marijuana is considered a schedule 1 controlled substance, meaning that the FDA doesn't consider it to have any medical applications.

Many medical experts, scientists and researchers are in strong disagreement with this idea, and we are as well. Especially since a growing number of scientific studies have shown the efficacy of cannabinoids as a therapy for a litany of diseases. Our knowledgeable Miami criminal defense lawyer will aggressively fight to protect clients from incrimination for marijuana possession charges.

Medical grade marijuana is already used as a therapy for such conditions as:

• Arthritis
• Cancer
• HIV/AIDS
• Neuropathic pain
• Multiple sclerosis
• Glaucoma
• Anorexia
• And many other diseases

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 Posted on June 15, 2017 in Miami Criminal Defense News & Articles

If you're facing drug possession charges in Miami, you may have an underlying drug problem you are unaware of. Most non-users don't understand the real challenges drug addicts face on a daily basis. You may know people who are still under the assumption that drug addicts are simply lazy or weak-willed.

Of course the truth about drug addiction is far more complex. Only fairly recently has drug addiction found its rightful place as a "chronic disease," within medical science. The addict seeks out drugs, often against their own will. The first time a person uses drugs may be voluntary, but in many cases the brain eventually creates a dependency cycle that is almost impossible to escape, without help.

Drug Possession Laws In Miami

According to Section 893.13, possession of a controlled substance without a prescription from a licensed doctor constitutes a third-degree felony. The punishments for this offense include:

• A jail sentence of up to 5 years

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

What is often called "assault with a deadly weapon" in other states and on TV is just called aggravated assault in Florida. It is defined under Florida Statute 784.021. Assault with a deadly weapon in Florida involved either the use of a deadly weapon or an intent to commit a felony.

Assault with a deadly weapon is a serious charge and an individual convicted of it can get up to 5 years in prison, and a minimum mandatory sentence of 3 years if a gun was wielded. You will also have a record that will follow you around for the rest of your life. It is a unique charge, in that you can't wipe it clean from your criminal record with sealing. Your charge can be upgraded to a second-degree felony if you assault a police or other public safety officer. And if a firearm is discharged, the punishment can reach up to 20 years in prison.

What are the defenses to aggravated assault in Florida?

Luckily, there are several legitimate defenses to aggravated assault in Florida. Miami criminal defense lawyers will choose the one that is most appropriate to your situation. A good Miami assault attorney can mount a convincing legal defense that will hopefully keep you out of trouble. An experienced attorney is your best bet in keeping you out of prison if you've been charged with something serious.

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 Posted on June 12, 2017 in Miami Criminal Defense News & Articles

In the United States, everyone has a Sixth Amendment right to the "effective assistance of counsel." That means we all have the right to a legal defense. The courts can't force you to stand trial against the state without an adequate legal defense, ensuring you can defend yourself. We all have the right.

Anyone who stands trial has the legal right to a lawyer that will help in the preparation of a case for trial. If someone is forced to stand trial without a sufficient legal defense, and if they get convicted, that conviction can be overturned, whether or not the government did anything to contribute to how unfair the trial was.

A criminal conviction can be overturned if you've had an ineffective legal defense. So, Florida courts do everything they can to ensure each criminal defendant has competent and effective counsel. Sometimes, a criminal defense lawyer will do a bad job, and if this happens, it is important to get in touch with a good criminal law attorney in Miami. Miami criminal defense lawyers can judge whether or not you received adequate and effective counsel and they can help you overturn the conviction if you didn't. A good criminal lawyer in Miami is going to be able to look through your case and tell you whether or not you were represented adequately.

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 Posted on June 09, 2017 in Miami Criminal Defense News & Articles

Getting your name off the sex offender registry is extremely important to some people. Nothing is worse in the eyes of some than to be listed as a sex offender. Even if you can explain why you're a sex offender to some people individually, you will walk around with that label and people will always think the worst. They might think you're a child molester or rapist.

Whenever you move to a new location, you're forced to register with the local police department so everyone in your neighborhood will know you're a sex offender. That will hurt your reputation in the area, needless to say. It could be difficult to meet people. You might feel unsafe in your own neighborhood. If an employer does a background check, he will see that you're a sex offender. If someone searches for your name, they will see the label. Having the label of sex offender can ruin your future. It can ruin your life. It can make it impossible to move forward in a positive direction. If you're in the sex offender database because of a sex act that is now legal, you've got to have it removed.

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 Posted on June 06, 2017 in Miami Criminal Defense News & Articles

There are different kinds or "degrees of murder" in the United States justice system. There is capital murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, and so on. How a person is sentenced really depends on the intent and severity of the crime. How and why the justice system charges people with murder is sometimes hard to understand to the general public. Many people have a simplistic view of murder. They think one murder is like any other. In the justice system, though, that is not true. In the justice system, the accidental killing of someone might not even be called a murder or even be charged as a criminal offense. It could be considered a "wrongful death," though, with a civil suit to ensue.

Confused yet? Don't worry. We'll lay it out clearly. Let's look at a civil suit versus criminal charges. In the United States, there are different types of lawsuits: civil and criminal. One person can bring a lawsuit against another person, company, or organization in a civil lawsuit. If someone does decide to file a civil suit, they will usually hire a private civil litigation attorney who will work on their behalf to ensure justice is done – usually in the form of financial remuneration. Incarceration is not the goal here. A criminal lawsuit, on the other hand, is quite different. With a criminal lawsuit, government prosecutors bring charges against a criminal defendant. The point of a criminal lawsuit is to punish someone who has committed a crime against one or more people by sentencing them to time in jail or fining them.

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 Posted on May 23, 2017 in Miami Criminal Defense News & Articles

From having a broken tail light to swerving out of a lane to speeding, all drivers are likely to be pulled over by the police at one point or another – and for one reason or another. Even if you are the most law abiding individual, there's a chance that you will be pulled over while you are driving. Of course, you may be quick to comply and do whatever the officer who pulls you over says in an effort to make the situation pass as quickly as possible and to avoid getting into serious trouble; however, it's important to understand that you do have rights when you are pulled over. Unfortunately, there have been instances where law enforcement officials have illegally requested drivers to do things, which have lead to unlawful arrests and even convictions.

What Are Your Rights?

So, what are your legal rights when it comes to being pulled over? According to our Miami criminal defense lawyer, no matter what the reason is, the following rights are legally granted to you, and law enforcement officials must abide by them:

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 Posted on May 22, 2017 in Miami Criminal Defense News & Articles

In the city of Miami – and the entire state of Florida – there are limits to the amount of alcohol you can consume before driving a vehicle. The legal blood-alcohol content, or BAC, is under.08%. If your BAC is.08% or above that limit, you are considered legally impaired and will face charges if you are found operating a vehicle.

Our criminal lawyer in Miami has helped countless people who have been charged with DUI/DWI and will assist you to the fullest extent of the law.

BAC: What it is and Why it's Important

What exactly is a BAC and why is so important?

According to Miami criminal lawyers, blood alcohol content (BAC) indicates how much alcohol is in an individual's body. When alcohol is consumed, it is absorbed into the lining of the stomach and the small intestine, and eventually, it is absorbed into a person's bloodstream. Blood alcohol content indicates the percentage of alcohol that is in a person's bloodstream.

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

Though the use of marijuana in the city of Miami – and throughout the entire state of Florida – remains controversial, using it on a medical or recreational basis has become more commonplace and more acceptable. In fact, the same can be said throughout the United States. At present time, medical marijuana has become legal in 28 states, 17 states of decriminalized marijuana, and 7 states have legalized its recreational use.

With the increased acceptance and use of marijuana has come new ways to consume it, and vaping has become one of the more popular methods. If you are considering vaping marijuana, it is important to understand exactly what it is and what the legalities are that surround this method of consumption.

What is Vaping Marijuana?

According to our criminal lawyer in Miami, vaping refers to processing marijuana by transforming it into hash and then heating the hash until it emits a vapor that can be inhaled. People choose to vape for numerous reasons: Some believe that the marijuana they are consuming is more potent, while others believe that it will decrease the chances of developing respiratory problems. Still others believe that vaping allows them to enjoy the THC that is found in marijuana in its purest form.

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 Posted on May 15, 2017 in Miami Criminal Defense News & Articles

Forensic analysis has been one of the most trustworthy forms of evidence used in the American criminal justice system. Not only has it proved to be a helpful means to definitively identify suspects, but it has also assisted with pinpointing timelines of events and has proven or disproven the theories that have been used to tell precisely what happened and who was involved in criminal cases. At our criminal law firm in Miami, we have relied on forensic evidence to help us with various cases over the years. However, given the rise of recent research that has shown some of the methods that are used for compiling forensic evidence are not as substantial as they were once thought to be, our Miami criminal defense attorneys has strongly taken into consideration the types of forensic evidence that are used to support cases and their validity.

A Look at Faulty Forensic Evidence

Our criminal lawyer in Miami read an interesting report that was published by ProPublica journalists in 2015. In this report, the journalists highlighted that a tremendous amount of flawed forensics had been reported in criminal cases. These journalists found that while DNA analysis was certainly a powerful tool for prosecutions, it was also a tool that held value for defendants. As a result, dozens of wrongful convictions have been overturned.

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