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

When a driver has a serious accident, the officer sometimes can't perform a field sobriety test or breathalyzer test. Even if the suspect allows them to test him, it is difficult for the police officer to perform the tests. The person is often in no condition to undergo a test, maybe because of injuries or because they're carted off to the hospital. They just can't do the test like they normally would. If the police have some probable cause that the suspect was drinking or using drugs, there are other ways for law enforcement to continue their DUI investigation.

In some cases the policeman can follow the ambulance to the hospital where the patient is and request a blood draw. After the blood is drawn, they can send it to a crime lab where it will get analyzed for drug and alcohol presence in the blood.

If you're unsure about what to do in a DUI situation where you've been involved in a crash, your best move is probably to call a Miami DUI defense firm. A good Miami DUI lawyer is going to know how to best approach the case so you get the minimal penalty for the DUI arrest. A DUI attorney in Miami is experienced in handling these cases and can help you navigate the case and make it through.

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

When someone is stopped by the police on suspicion of drug possession and there is a bag of drugs underneath the back seat, the person is probably going to be charged with possession. However, this doesn't mean the charge will hold up in court. A Florida judge recently ruled that the proximity of drugs to the defendant does not necessarily equate to drug possession. For instance, someone could be driving a car and have no knowledge about the fact that a passenger in the back had illegal drugs. Perhaps the passenger exited the car or maybe the drugs were planted there. These possible scenarios were implied in the judge's ruling that proximity doesn't determine possession. A criminal defense attorney Miami has to offer can bring details of a case to light that can help prevent their client's conviction.

The situation that lead to the judge's ruling involved surveillance of a home that police suspected contained drugs. A man and a woman left the house and got into a van. The police immediately drove behind the van and the vehicle did not stop at a stop sign. The police stopped the driver and noticed he was acting strangely. The detective asked permission to search the van and found methamphetamine in two bags that were located in the back seat where a passenger had previously been sitting.

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

Legislators who want to show their constituents that they are tough on crime push for provisions supporting mandatory minimum sentences. However, this takes the authority away from judges to use their discretion to take into account complex situations that may not merit such a harsh punishment. First-time offenders for drug charges can, in some cases, use the safety valve rule to modify their sentences and make sure they serve less than the minimum sentence. A Miami federal criminal lawyer can give guidance to defendants about how the safety valve works and whether it is applicable in their case.

A defendant may be able to use the safety valve if they are first-time offenders and if the offense was non-violent. He or she must agree to be debriefed by the DEA or FBI prior to sentencing. Often, the defendant has to give a complete and truthful disclosure at the time of sentencing. A federal criminal defense firm in Miami can make sure that the statement is received no later than the time of sentencing. It should be clear to the court that the defendant has provided all of the necessary information and that the authorities are already aware of all of the details of the case.

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

Let's say someone is trying to make their way home after a party where they had too much to drink. They may be well aware they are too intoxicated to drive and do not intend to start the car. They simply want to get in the car and turn on the heater or the radio while they wait for a designated driver who is still inside the party. A police officer comes by and arrests the person for DUI. Is this a case of false arrest? Was the person arrested because the officer thought the person was intending to drive or had just finished driving? One thing is for sure, this person can use a good Miami DUI attorney.

The answer is that the police officer does not need to believe the person actually finished driving or was preparing to drive to justify the arrest. This person could justifiably be arrested for DUI even if they weren't intending to drive. The two factors that gave the officer sufficient reason for an arrest are the fact that the keys were in the person's control so they could start the car. Second, the person's judgment was impaired and they were intoxicated enough to make driving dangerous and illegal. Their intention at that moment isn't important. Upon further consideration, this makes sense, because the driver's judgment is impaired in the first place. They might forget from one moment to the next that they are drunk and might decide to put the key in the ignition. This is one case in which a drunk person can be charged with DUI simply for sitting in the driver's seat. This is one reason it is not "safe" to sit in a car to get warm while intoxicated. A DUI attorney in Miami can advise you on what to do if you have been arrested for DUI.

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

When you are arrested in Florida, after your first appearance or bond hearing, you generally have an arraignment. Typically, this will happen within 2-3 weeks of your arrest. In some jurisdictions it can be months before your arraignment. If you have hired a Florida criminal defense firm, they will likely be present at your arraignment; the prosecutor and the judge will also be there. Witnesses in the case are not typically present at arraignments.

As with other court appearances, you should let your Miami criminal lawyer do the talking unless you are directly spoken to by the judge. Here's how the process of arraignment works.

1. First, you will be informed of the charges against you, in full. If you would like, the charges can be read to you. If you do not speak English, the court will provide a translator.
2. You will enter a plea: guilty, not guilty or no contest. In most circumstances, you should enter a plea of not guilty at arraignment, even if you plan to plead guilty later, so that a plea deal can be arranged. If you plead guilty, you will move straight forward to the sentencing phase. A no contest plea means that you are not admitting guilt but the court will treat it as a guilty plea in many respects. A not guilty plea will cause the court to set up a trial at some future date.

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

In a major move recently, the Florida Senate Criminal Justice Committee voted that the money used to house offenders for the entire period of the current mandatory sentences is wasted. These mandatory sentences are being tossed out like free t-shirts at a baseball game and can seriously affect a person's life for a single mistake. For example, someone selling a few dozen prescription pills ends up with a mandatory 25-year sentence – a sentence that costs taxpayers $451,600 at around $18,065 per year).

Now, every Criminal Lawyer In Miami will likely be swamped with calls as offenders try to find out if their sentence is going to be reduced. This bill definitely moves away from the "tough on crime" mindset that has been the party line of conservatives and filled up Florida jails and prisons. It has also created a new class of people – those who have spent nearly all of their life in prison and may be institutionalized.

This bill will save the state $131 million and put over 1000 fewer people in jail over a year, according to Senator Daryl Rouson (D-St. Petersburg). It would also allow judges to pass out sentences other than the 118 mandatory ones that are now on the books. The bill does exclude drug traffickers but it restores the original sentencing commission which was disbanded in 1997, and limits the committee's powers to determining the severity ranking of their crime, which adds points to their jacket for some offenses. Violent offenses are not given any leniency however.

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 Posted on March 14, 2017 in Miami Criminal Defense News & Articles

Florida continues its battle with heroin addiction and fatalities are on the rise. In Miami-Dade County, there have been 236 heroin overdoses recorded in 2015. One county in Florida reported that in 2014 there was a massive 40% spike in fatalities that involved heroin. In that one region, there were 36 additional deaths from overdose.

Nearly every county in Florida is reporting increases, particularly in the central and southern regions, with the fatality rate in those areas higher than it has been since the 1970's.

But the abuse of heroin, and it's oftentimes precursor Opioids, starts quite often with actual pain. Right now, more than 100 million Americans are being treated for chronic pain and this pain can make life unbearable for some people.

Often, these legitimate pain patients will seek help from their doctors in the form of pain medication. If their doctor prescribes opioids, they can become dependent upon it. That's why so much of an effort is being undertaken at the moment to find new ways of treating chronic pain.

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

As of the Senate Committee Hearing held last Tuesday, there is now a plan in place to protect those who have been witness to a murder. Two weeks earlier, House members approved the exact same plan unanimously.

The bill is called SB-550 or the "witness protection bill" and it passed through the Senate Criminal Justice Committee with a 4-3 vote. Some senators were critical of the bill and had reservations about it. The deciding vote was Sen. Darryl Rouson (D-St. Petersburg) who supported the bill, although he said that he had his own concerns about it. The bill would make the identity of murder witnesses confidential and out of public records for up to two years after the crime was committed. "I think we need to be extremely careful when we abridge freedom of the press," Rouson said, defending his concerns about the bill.

But those who support the bill like Representative Cynthia Stafford (D-Miami) say that the proposal is worth withholding that information because it might save lives. She says that law enforcement agencies could offer better protection with this public record exemption and that means that more witnesses will come forward and more killers will be off the streets. In many neighborhoods, people don't come forward out of fear of retaliation.

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

When you are found guilty of a crime, you are often sentenced to probation in addition to, or in lieu of, jail time. But did you know that in some instances, you may be able to get released from your probation in the State of Florida before you have reached the actual end of the term of supervision?

The legal term for the court pleading that may get you off your probationary early is a Motion for Early Termination of Probation, commonly known as a Motion for ET. Early release from probation is obviously what everyone on probation in Florida would like to see happen, but it isn't granted to everyone. In fact, there are some conditions that must be met before the motion should be filed:

• All restitution must have been paid
• All community service must have been completed
• Any counseling or class recommendations from the court must have been followed
• All court costs and fees must have been paid
• Typically, the original probation period should be at least 50% completed.

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

More than 300 people showed up to protest the current state of medical marijuana recently, among them doctors, patients and even those who would be growers if the law allowed. They all attended a meeting about the proposed rules for medical marijuana.

Many people have been concerned about medical marijuana use, and many of those who have been arrested for possession of marijuana would be able to use it legally for a medical condition if the rules were changed. A medical marijuana lawyer or a medical marijuana law firm may be exactly what is needed for those people.

The Office of Compassionate Use is the organization that regulates medical marijuana in Florida and they have decided to hold public meetings throughout the state to hear new ideas on marijuana legislation. This most recent one was at the Broward County Health Department. They were expecting about 70 but more than 300 people showed up to speak.

In November, voters passed an amendment allowing medical marijuana for patients with certain diseases like cancer, epilepsy, Crohn's disease, Parkinson's and more. The state has to figure out the rules that govern this new law by July 1, 2017. They'll need to decide things like whether to expand the number of growers and how to allow medical marijuana to be distributed, as well as the number of distribution facilities. The public said they wanted the following on the open meeting last Tuesday:

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