Posted on May 04, 2017 in Miami Criminal Defense News & Articles

Chances are even if you have never been arrested you have heard of Miranda rights. These rights are what are read to anyone who is being arrested and include the right to remain silent. However, you may not realize what this right to remain silent truly means for you if you are ever being arrested for a crime.

When Do Police Officers Have to Read you Your Rights?

A police officer is required to read someone their rights whenever they are interrogating someone who is in their custody. Interrogation includes not only direct questioning of the person being held, but also any actions or words that a police officer takes that they know can elicit a response that is incriminating.

The idea of the right to remain silent is that choosing not to say anything cannot be seen as evidence of guilt of a crime. While this practice of being read your rights sounds simple enough, any Miami criminal defense attorney will tell you that there are different ways that this requirement can come into play during a defense case.

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 Posted on May 04, 2017 in Miami Criminal Defense News & Articles

In Miami, any person that tries to solicit a minor for sexual activity through the internet or another electronic device can be arrested and charged with traveling to meet a minor. In addition, any person that travels either within the state of Florida or in or out of Florida with the intention of meeting a minor can be charged.

A criminal lawyer in Miami understands that many traveling to meet minor cases often involve a trained officer of the law who is posing as a child on the internet with the intent of trying to engage people into the act of soliciting them.

Possible Penalties in Florida for Traveling to Meet a Minor

Under Florida law, traveling to meet a minor is a second degree felony. This offense comes with a minimum prison sentence of 21 months and can be up to 15 years. The charges may also include a fine of up to $10,000 and up to 15 years of probation. In addition, the person will be required to register as a sex offender in the national database.

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 Posted on May 01, 2017 in Miami Criminal Defense News & Articles

When considering the criminal justice system it is not hard to find information and statistics to support the idea that the system has unfairly discriminated against individuals of color. Hispanics and blacks are behind bars at rates that are disproportionate to whites. In addition, inner city communities that are populated by mostly African-Americans are over policed and statistically black people are more likely to be stopped by police and frisked. In addition, people of color often receive harsher punishments than white people who have committed the same crimes.

Research Shows Reason for Alarm

Pew Research Center has recently conducted a survey called "Behind the Badge." This research included views from 8000 law enforcement agents. According to the research the national issues regarding racial bias and law enforcement are currently at a crisis point in the United States.

Considering the recently reported deaths of black Americans during their encounters with police, this tension is not all that surprising. While police killing black people has been going on for many years, it is only in recent years through the use of technology that more attention has been given to these issues. This higher amount of attention has led to backlash in the form of protests across the country.

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 Posted on April 28, 2017 in Miami Criminal Defense News & Articles

In the majority of states, including the state of Florida, first degree murder charges are defined as a killing that is unlawful and both premeditated and willful. This means that the murder was committed after a certain amount of time to plan it. Timing is frequently an important factor here.

What Constitutes First Degree Murder?

When a victim is murdered, states frequently categorize the murder as first or second degree. Typically speaking, a first degree murder charge will include three basic elements:

• Deliberation
• Willfulness
• Premeditation

Time is Often the Determination for Premeditation

Often times, defendants are charged with first degree murder simply based on the time between a confrontation and the murder. The theory is that after an argument occurs if there is enough time for a defendant to go home to think about planning out the murder of the other person, then the murder was planned.

However, simply time alone should not be the only evidence that the murder was premeditated. A Miami criminal lawyer will look at the facts and determine whether it should be argued that the timing is insufficient to prove the killing of the victim was premeditated.

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 Posted on April 25, 2017 in Miami Criminal Defense News & Articles

If you've been charged with domestic violence in Miami, then you need to reach out to a Miami criminal defense attorney. A criminal lawyer in Miami is going to know the law and the lay of the land, and they will be able to walk you through the whole process. If you don't want to rely on just one lawyer, then call a Miami criminal law firm and talk to multiple of them about your case. It's always a good idea to get a second opinion from another Miami criminal defense lawyer.

So, the question is whether a domestic violence charge will be dismissed if the victim doesn't want to prosecute it. There isn't an easy answer. It all hinges on the situation and many other factors.

It depends on the jurisdiction where it happened and how tough the Domestic Violence Unit is.

It also depends on whether or not there were any injuries or if there was any history of domestic violence before that night. If there were prior calls to the police, or if the offender has a record, they are going to be more likely to be prosecuted. If there was just pushing and touching without any serious punching or choking, then the state is not as likely to continue on with the case.

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 Posted on April 24, 2017 in Miami Criminal Defense News & Articles

If you've been charged with a drug crime in Miami, then you need to get in contact with a drug lawyer in Miami. Call a good Miami criminal law firm if you've gotten in trouble. You don't want to chance anything on something so big as a drug crime. A minor possession charge can land you in jail and you don't want to spend even a second in jail. A Miami criminal defense lawyer is going to be able to walk you through the whole process and help you gain your freedom. That's why it's a smart move to call a drug criminal attorney in Miami if you've been charged with a minor drug crime.

Florida has stiff penalties for possession of a number of pharmacological and narcotic drugs. These substances are often called Controlled Substances.

Some of the most common crimes involve drugs. Cocaine, heroin, Hydrocodone, marijuana, GHB, and methamphetamine are just some of the drugs that are illegal in the state of Florida.

Just being arrested for drug possession doesn't mean you'll be classified as a criminal. There are numerous options for resolving drug possession cases that don't end up with a finding of guilt. There are a number of creative ways to successfully resolve drug possession cases.

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

If you've been arrested for the first time in Miami, then you need to call a Miami criminal defense attorney. Don't think that just because this is your first time getting arrested, that you're going to get off scot-free. Miami criminal lawyers will know what to do if you've been arrested, and they can help get you through it the fewest possible consequences. Any good Miami criminal defense lawyer will have seen a lot, and he'll know how to handle your case. A criminal lawyer in Miami doesn't have to cost a lot, either.

If this is the first time you've ever been arrested, you're probably under a ton of pressure. You might be stressed out and overwhelmed with what could happen to you.

The good news is that as a first time offender you have more options than repeat offender, and that will work in your favor. You might even have your charges reduced, abandoned, or dropped. How do you like that? That's right. If you've been arrested for the first time, you may be able to resolve your case without a finding of guilt.

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 Posted on April 21, 2017 in Miami Criminal Defense News & Articles

If you've been caught driving with a suspended license in Miami, then you need to get in touch with a good Miami criminal defense lawyer. A criminal law attorney in Miami is going to be able to guide you through the whole process. They could also save you a fine and maybe even some time in jail. It's a smart move to call a criminal lawyer in Miami if you've been apprehended for driving with a suspended license. A good Miami criminal defense lawyer should be the person you call first.

Driving with a suspended license is an extremely common criminal charge in the Florida court system.

It's also a charge that lawyers often resolve the wrong way because they don't really put forth the effort, or take the time, to put up a great defense. What a lot of lawyers will do is just try to make a little money with a little effort. They'll tell their clients to plead down to a lesser charge. The plea is called a "withhold and small fine."

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

If you've been arrested while on vacation in Miami, don't chance anything. Get in touch with a Miami criminal lawyer. You don't want to have a lingering charge or spend time involved in the criminal justice system when you may not need to. Your first call should be to a good criminal law attorney if you've gotten into trouble in Miami. The criminal lawyers in Miami know the system, and it's a lot smarter to get in touch with one of them – rather than your family lawyer - if you've been charged with a crime down there. A great Miami criminal lawyer can help you regain your freedom.

It's not fun getting arrested when you're visiting South Beach, Coral Gables, Coconut Grove, or Downtown Miami. You're supposed to be having fun, and having a fun time with your family, and getting arrested can put a real dent in that.

Whether you're from some other country or some other state, it's important you get in touch with a competent criminal defense attorney that can help get you out of the pickle you're in. A good lawyer may be able to resolve the case without having to return to the state.

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 Posted on April 11, 2017 in Miami Criminal Defense News & Articles

No matter what crime a person has been charged with, he or she is presumed innocent until proven guilty. This goes for all individuals, including professionals. If you are a professional in the Miami area who is facing criminal charges, it is in your best interest to contact a Criminal Attorney Miami has to offer as soon as possible. The earlier in your case you seek the representation of an experienced Miami criminal defense attorney, the greater the likelihood that the outcome of your case will be favorable for you.

The Miami criminal lawyer at our firm specializes in representing professionals in various industries in criminal cases, including:

• Educators
• Doctors
• Nurses
• Dentists
• Lawyers
• Professional drivers
• Public employees

No matter what criminal charge you are facing – even the minutest charge – could have serious and lasting implications on your professional – and personal - life. Not only could you be facing penalties, community service and jail time, but your job may also be on the line. Additionally, your reputation could be at stake, which could impact your ability to successful attain employment in the future.

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