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

There is a lot of protesting going on right now, particularly with some of the things that President Trump has been doing. These organized protests are happening all over the country and that includes Florida.

But you need to know what your rights are as well as your responsibilities when it comes to protesting; that way, if you are unfairly treated by law enforcement or kept from your legal right to protest in some other way, you will know your rights.

You may need the services of a Miami criminal defense lawyer in some cases, because a Miami criminal attorney can protect your rights if they are violated during a protest. Here is what you need to know about protesting in Florida.

First, you have every right to protest in Florida. Every citizen of the United States has the right to peaceful protest. However, the government may decide where, when and in what fashion protests can be held in the interest of public safety.

You also have the right to speak freely and say pretty much anything you want. The only thing that you do not have the right to do is try to incite a riot or provoke people into illegal activity. Also, malicious speech against public officials is not protected by the constitution.

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

If you found yourself in the middle of a situation where you had a little too much to drink and got pulled over by the police, who tested you at over the limit, you are probably facing a DUI and that means you need a Miami DUI lawyer. But before you start searching Google for one, there are some myths about DUIs that you should be aware of. Know the facts behind DUIs before you proceed.

First, you might believe that you are going to get a really harsh punishment that will affect you for the rest of your life. This may not be true. In many cases, especially when someone hires a Miami DUI law firm, the prosecutor may be willing to agree to a plea bargain which could mean a minor punishment, particularly if this is your first time.

You might also think that your BAC (breath alcohol content) means that it is an open-and-shut case. But again, with an experienced DUI attorney in Miami, this doesn't have to be the case. For example, did you know that two people with the same exact BAC can have different impairment levels?

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 Posted on March 02, 2017 in Miami Criminal Defense News & Articles

Medical marijuana law is on the books in Florida and if you have a qualifying condition, you might want to check with a medical marijuana law firm in Miami to help you get the medical treatment you need. Right now, the state of Florida is still in the beginning stages of rolling out the rules, and the first step is to decide who can sell the product. There are seven companies that are legally allowed to grow and sell marijuana currently. But a new bill being introduced allows more growers, which creates competition and lowers prices. The bill was filed by Senator Jeff Brandes (R).

The use of marijuana for certain medical conditions was passed by a large majority of Florida voters in November, but just like in every other state that has legalized marijuana, either recreationally or medicinally, there are problems to overcome.

Florida already allows a limited medical marijuana users to treat themselves with CBD oil, but part of this bill introduces new legislation that would allow medical marijuana users to smoke it in addition to being allowed to use the oil. Those seven companies previously mentioned are the manufacturers of that oil.

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

If you ever have to get a Miami criminal defense attorney, you definitely want to understand the basics of how the court system works. One of the things that could happen to your case is a mistrial, a rare occurrence, but still an important one to understand. A Miami criminal defense attorney can help explain a mistrial in more detail, but here are the basics.

A mistrial is any trial that has not been successfully completed. It is when a trial is terminated rather than concluded, with a verdict and sentencing. The entire trial is voided and they have to start all over again. If you have a criminal attorney in Miami representing you, they can ask for a mistrial, as can the prosecution.

However, a mistrial can only happen under certain specific circumstances. Let's take a look at each of the ways a mistrial might occur.

• One of the members of the jury dies
• An attorney on either side dies
• Some kind of error happens during the trial that makes it an unfair trial for the defendant, and the judge cannot simply order the jury to ignore it.

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

Under both Florida and federal law, intentionally providing false information in court is considered a criminal offense. That crime is called perjury, and although it's a relatively simple crime, it carries consequences which can be devastating for the accused. Perjury can be punished by imprisonment for up to 15 years.

If you have been accused or arrest for perjury, it's imperative that you meet immediately with an experienced Criminal Attorney In Miami to discuss the various legal alternatives or options available to you.

Under Florida state law, lying under oath is distinguished from lying in any other situation. Generally, the more serious the results of the lie and the context of it, the greater the penalty for perjury will likely be. Lying during official proceedings generally carries a penalty of up to 5 years and a $5,000 fine. However, lying during official proceedings in connection with a capital felony is a second-degree offense and can be enforced with up to 15 years of imprisonment.

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

Florida has recently passed several new bills into law which are aimed at stemming the State's growing drug-addiction problem. The rise in opioid addiction rates is also a national phenomenon, but Florida's Senate Bill 422 (SB 422) is formulated with specific intent to curb what is regarded as a state-wide addiction epidemic among prescription opioid users. This bill effectively removes the ability of insurance companies to mandate the prescription of unlabeled opioid-containing medications if abuse-deterrent counterparts are available. The Bill was effective as of 1 January 2017.

What does this mean in ordinary language? In essence, it gives legal preference to abuse-deterrent medications. Labels don't change the inherent properties of these drugs. They simply point to the fact that properties attractive to addicts have been altered or removed to make substance abuse less rewarding.

A Potentially Difficult Scenario for Patients

With this in mind, it's possible that the new bill will drive a "hard bargain" with patients and insurance companies when it comes to providing the best medication for their needs. If you believe that your access to the optimal medication on the market has been compromised, it's possible to fight the priority use of particular FDA-approved drugs over your usual prescription medication. Such a decision would hinge on proving the original medication is a superior treatment. A dedicated criminal lawyer in Miami will burn the midnight oil to ensure your medical needs are met.

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

The laws dealing with the collection of evidence in sexual assault cases have undergone some important revisions recently. Effective from 1 January 2017, Bill 636 will impact the way evidence is collected in pending sexual offense cases.

This makes it crucial for those accused of such crimes to seek the counsel of a knowledgeable Miami criminal lawyer. Not only will this ensure a fair trial, but it will also guarantee that the prosecutor follows the stricter procedural guidelines set out under the new bill.

New requirements for Law Enforcement Agencies

Under the Bill, the Florida Department of Law enforcement requires law enforcement agencies to submit sexual assault evidence kits:

• Within a month of receiving evidence or
• Within a month of receiving the request for testing.

In the event that an assault evidence kit is not used, it falls upon law enforcement to provide DNA evidence within a 30-day period. This window period comes into effect after receiving evidence or after the request for testing available evidence has been issued by the above individuals.

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 Posted on February 07, 2017 in Criminal Lawyer in Miami

When we're blindsided by the glare of blue police lights in our rear view, a common reaction is to break into a cold sweat. This isn't only true for guilty individuals. It's quite natural for most of us. After all, no one wants to be on the wrong side of the law. The first and most obvious step is to search for a place to pull off. But step two, whether you're guilty of a crime or not, is to remain calm in the events that follow. This always produces the best results, and remember, you do have rights which exist to protect you. Recall the following rights to mind if you ever find yourself pulled over by the police:

• The right to remain silent (This includes all passengers too)
• The right to refuse consent to search of your car or your person
• The right to a lawyer in the case of an arrest
• Constitutional rights, regardless of your immigration status

When Facing Questions on your immigration status:

Whether you are a supporter of new immigration policies in the US or not, the recent election of Donald Trump makes this question especially relevant today.

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 Posted on February 03, 2017 in Miami Criminal Defense News & Articles

In the event that you're about to be arrested or placed under investigation, the run-up to charges being filed can be an especially daunting period. What remains unknown to many people is that this is an opportunity to be proactive, rather than passively awaiting for charges to be filed and hoping for the best.

Pre-filing representation provides a very good reason to make contact with a criminal lawyer in Miami as soon as possible. This process involves providing evidence that can change the nature of charges before they are filed, or potentially eliminate the need for charges to be filed altogether.

Situated at the Miami State attorney's Office is a pre-filing unit whose purpose it is to assess felony charges brought against members of the public. Using the evidence at their disposal, that state functionary decides which of those charges, if any, are valid before the defendant goes to court.

In the event that you have been accused a crime, an experienced criminal lawyer in Miami can be hired to establish communication with the state attorney. Once this has been achieved, our criminal defense law firm in Miami will be in a position to submit a well constructed memo detailing the facts of the case from your own perspective.

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

More good news for Florida's medical marijuana advocates could soon be a reality. Senator Rob Bradley proposed a new plan on the 26^th of January which, if enacted, could effectively see the plant being used legally for a greater number of individuals than ever before. The plan aims to slacken restrictions placed on medical usage of the drug as well.

Bradley's proposals also aim to do away with the legal waiting period of 90 days, during which doctors are currently obliged to treat patients before they're allowed to prescribe Marijuana for medical purposes. However, patients would also be allowed larger prescriptions if his suggestion is actioned, with the treatment amount being increased from a 45-day prescription to a 90-day prescription. Some forms of edible marijuana packaged to attract children would however be banned.

As of yet it's not easy to tell the full the number of legally treatable diseases which would be included under the plan, but it appears at this point that this will be extended to include any conditions which cause chronic pain. This will have specific relevance for anyone who needs to hire a Miami medical marijuana lawyer to help them push for the treatment of their disease. While doctors currently have to undergo 8 hours of training to prescribe medical marijuana, the Senator's proposal would see this cut down to 4 hours.

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