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

Under Florida Law, there are two types of battery: simple battery and aggravated battery. If you have been charged with battery, you first need to have an understanding of the difference between the two different types.

Simple Battery

Any strike, hitting or attack to cause harm, against that individual's will, is considered simple battery. A first degree misdemeanor, simple battery is punishable by up to one year of jail time. However, if there are prior convictions of battery, even simple battery, the charge can be considered a third degree felony offense and is punishable by up to five years in jail.

Aggravated Battery

Aggravated battery is defined the same way that simple battery is; however, with aggravated battery, the actions of the accused have seriously physically harmed the victim. This charge considered a second degree felony offense and it is punishable with a jail sentence of up to 15 years.

Given the severity of both simple and aggravated battery, if you are brought up on charges for this type of crime, it is in your best interest to contact a Miami criminal defense lawyer as soon as possible.

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

The purpose of bail is to ensure that a defendant returns to court for any and all pre-trial and trial court proceedings. In the state of Florida, any person who is charged with a crime, with the rare exception of a select group of very serious criminal acts, has the right to be released from jail on a bond. Often, bail is often set too high and is more than a person can afford to pay for a bond. As a result, the person who is being held pending bond may not have the ability to be released from jail.

If you or someone you love is facing such a predicament, don't despair; there is a chance that you could have the bond reduced with the assistance of a Miami criminal lawyer.

A criminal attorney in Miami can file a motion to have the bond reduced. To have the request for a reduction granted, the attorney must be able to prove the commitment of the defendant to the community and that there is minimal chance that he or she will flee the jurisdiction. With the legal representation of an experienced Miami criminal defense firm behind you, you could successfully obtain a reduced bond, or the defendant may even be released on other terms.

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 Posted on April 07, 2017 in Miami Criminal Defense News & Articles

There is nothing more sobering than seeing red and blue lights flashing behind you and hearing sirens while you are driving down the road. It's even more sobering when you have consumed alcohol.

In all 50 states, including Florida, the legal blood alcohol limit is.08; however, even if you blow below that legal limit, there is still a chance that you could be arrested and charged with a DUI.

Why You May be Charged with a DUI

There are a number of reasons why you may be charged with a DUI, despite the fact that your BAC was under the legal limit of.08. Some of the most common reasons may include:

• A police officer believes that your normal faculties are impaired
• You were unable to successfully pass a sobriety test
• A police officer believes you are under the influence of illegal drugs
• You appear intoxicated

The Consequences for a DUI Charge

The consequences for a DUI charge in the state of Florida vary. The number of previous arrests and charges you had in the past will certainly impact the consequences that you will face, as will your blood alcohol level at the time of your arrest.

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

The nature of prostitution has gone through a number of changes over the years and this has largely been caused by developments in technology. Today, many websites offer 'Escort' services, which skirt the definitions of prostitution.

In Florida, the term 'prostitution' encompasses a wide range of different crimes and acts, making it important to know where you stand with regards to the law. If you are uncertain, then you should get in touch with a criminal lawyer in Miami who will be able to discuss your case with you. Otherwise, keep reading for a definition and some information on what you should expect after a prostitution arrest.

What is Prostitution? Definition and Penalties

In Florida, the term prostitution can include eight different acts, including:

• Owning/operating a building with the purpose of prostitution
• Inviting others to engage in prostitution
• Offering a place for prostitution to take place in

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 Posted on April 04, 2017 in Criminal Lawyer

The Romeo and Juliet Law is a law that was enacted in Florida in 2007 in order to protect young couples from the harsh consequences associated with other sex-crimes.

The name 'Romeo and Juliet' in the title of course refers to the young couple at the heart of Shakespeare's play by the same name. In Florida this law is best known for helping defendants avoid the designation as a sexual offender or sexual predator in cases of sexual battery involving consent where the offender's age is 'near age' to the minor "victim."

The important caveat is that the offender must be no more than 4 years older than the other party (who can be aged between 14-17). Thus, if the other party is 15 and the offender is 19, they may meet the criteria.

This way, a young defendant can avoid submission to the lifetime sexual offender registration requirements if their partner is a similar age. If you suspect that you might be protected by the Romeo and Juliet law, then consider contacting a Miami criminal lawyer in order to find out more and potentially mount a defense on that basis.

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 Posted on March 31, 2017 in Miami Criminal Defense News & Articles

Xanax, also known as Alprazolam, is a benzodiazepine anxiolytic. That means that it is an anti-anxiety and anti-seizure medication that works by increasing the production of the neurotransmitter GABA in the brain.

Xanax is also a listed Schedule IV drug in Florida, which makes it a third-degree felony to be found in possession of any amount of Xanax. Even a single pill can mean facing criminal charges and if you find yourself in this position then it is crucial to educate yourself with the help of a criminal defense attorney in Miami.

Understanding the Charges and Penalties

Possession of Xanax is a third-degree felony in Florida and is therefore punishable by up to five years in prison or probation and $5,000 in fines. A judge may choose any combination of those penalties.

Drivers may also face suspension of their driving license pursuant to Florida Statute 322.055.

Defenses

With the help of a Miami drug crimes attorney, a defendant may be able to mount a defense based on several mitigating factors. Common defenses include:

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

If you're driving in Miami, a policeman can stop you if he or she suspects you are driving under the influence of drugs or alcohol. This is standard procedure in every state. Let's look at the particulars of Miami's DUI laws, though; as DUI laws vary state by state.

A normal DUI investigation entails a police officer asking you routine questions, such as where the driver was, what he has been doing, and how much he's had to drink. Everyone should know that they don't have to say a word. It's wise to give your full name, registration, driver's license, and insurance card to the police officer if he's questioning you. You should probably ask to speak to a lawyer after you've given that basic information to the officer. As you should already know, anything else you say can be used against in court of law.

That is where a DUI lawyer in Miami can really help you. A Miami DUI lawyer knows all the ins and outs of the system, and they can advise you when you're charged. You don't want to make it any worse on yourself than it already is. A DUI defense firm in Miami can help you navigate the uncharted waters of your first DUI. A Miami DUI lawyer should be your first call if you're charged with a DUI. A DUI lawyer can hopefully help you resolve your case quickly and easily.

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

You do have the right to remain silent after you're arrested. You don't have to divulge information that could be incriminating to you. The Miranda warning, sometimes called Miranda rights, are protections the police tell you about when you're in police custody. It's something they have to tell you before you're questioned. If police fail to give this warning, and the criminal suspect reveals incriminating information, that information might not be admissible in court.

In Florida and all across the country, when someone is arrested, he or she has a constitutional right not to say anything to the police. Of course, some basic, routine questions do have to be answered. The police can ask basic questions that are a routine part of the arrest and booking procedure. For instance, the police can ask biographical, physical, and identification questions, such as age, height, address, date of birth, place of employment, and so on. However, the police cannot ask questions that are designed to get information about the case against you. If you've invoked your Miranda rights, the police aren't allowed to ask.

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

What do you think of when you think of the crime of burglary? You probably think of a cat burglar sneaking his way into a home by night, maybe by slipping in through a window. Burglary, as most people understand it, is when someone illegally enters into a home or building and takes something that's inside. However, in Florida, burglary is a lot broader than that. It can include almost any building, even a vacant building, and it can even include a structure or vehicle like a boat or car.

You don't even have to steal something to be convicted of a burglary. If you just enter the space with the intent to commit a crime, you can be charged with burglary. A perpetrator doesn't even have to go inside. Just sticking your hand through the window can constitute a charge of burglary.

There was one recent case in Florida where the perpetrators had planned to burglarize a home. All they did was walk onto the front porch of the home. They tried everything to get into the home, but they just couldn't find a way in. Someone watching what they were doing called the police, and they were arrested just as they were leaving. They were charged with burglary though.

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

The general rule is that police need a search warrant or the homeowner's consent to search a property for evidence of drugs, gun, or criminal activity. There are a few exceptions, however. There is one notable exception, and it's called the hot pursuit doctrine. The hot pursuit is one of many types of cases known as exigent circumstances cases. An exigent circumstance is an emergency situation that gives the police a legal excuse to conduct a search or seizure when they don't have the ability to get a search warrant in time. For instance, if the police were driving around a neighborhood and heard the sound of gun fire and shrieking from inside a home, they would have a legal right to enter the home and figure out what was going on. They would have probable cause, so they wouldn't need to get a search warrant.

The hot pursuit doctrine is a special kind of doctrine, applying to a special circumstance. The circumstance is that the police are chasing after a suspect who they believe just engaged in a criminal act, and that suspect ran into an area where they don't have a signed warrant to enter. However, because of the hot pursuit doctrine, they are able to keep following the suspect into the otherwise restricted space.

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