Posted on March 01, 2017 in Criminal Defense

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 Criminal Defense

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 Criminal Defense

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 Criminal Defense

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 Defense

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 Criminal Defense

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 Criminal Defense

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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 Posted on January 24, 2017 in Juvenile Crimes

Unfortunately, it is a story that is not uncommon: those under the age of 18 are charged with a crime for various reasons, serve time in Juvenile Detention, and then are released. Once released, they try to move on with their lives, trying to become active and productive members of society. Unfortunately, the monetary fines that are associated with juvenile charges often follow them into their adult lives, burdening them with financial obligations and making the difficulties they already face even more challenging.

In the past few years, a lot of research has been conducted to determine how the charges and fees that people face in the adult criminal justice system are leading them into serious financial difficulties. Because of these financial challenges and the high cost of legal fees and fines, all too many individuals are arrested and serve lengthy prison sentences – likely as a domino effect from being in such a significant financial hole. The people who are impacted the most were arrested and charged with minor infractions, served a sentence in a juvenile corrections facility, and are ordered to pay astronomical fees that they simply cannot afford.

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 Posted on January 23, 2017 in Criminal Defense

It's a nightmare scenario for most parents: their children board a bus to go to school and the bus is involved in an accident. The only thing that could make this nightmare worse is finding out that the bus driver – the individual who parents had entrusted to safely transport their children to school – was driving under the influence of alcohol or narcotics. For parents in Pinellas County, Florida, this nightmare became a reality.

Dorothy Lynn Burse, the driver of the school bus, was driving west on the inside lane of 54^th Avenue North at about 3 pm on January 3, 2017. As she approached a red light at 66^th Street North, she stopped the bus and it was hit from behind by a driver in a Nissan.

The driver of the Nissan fled the scene, and the search for the driver is still underway. Fortunately, no injuries were reported, which was a sigh of relief for all parents of those children on board the bus. However, what made this horrific incident even more horrifying for parents is what they later found out: the driver of the bus was charged with a DUI by state troopers. According to reports, Burse was under the influence of a controlled substance while she was operating the bus and is not only facing DUI charges, but child neglect charges as well. Burse is scheduled to appear in court and has a bond that was set at $20,500, as per her jail records.

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 Posted on January 20, 2017 in Criminal Defense

It may come as a surprise to many, but in 2016, marijuana sales grew at an alarming rate. A total of $6.7 billion worth of marijuana was sold legally in both the United States and Canada – that's a 30% increase of the legal sales of marijuana in just one year. And, as unprecedented as those numbers may seem to be, they are nothing when they are compared to the sales that are projected from now until 2021; it is estimated that the sale of legal marijuana will grow to more than $20.2 billion between 2016 and 2021. That's a $13.5 billion increase in sales in just five years.

To put this rise in the legal sale of marijuana into perspective, the growth is bigger, and at a more rapid rate than the rate of growth during the "dot-com" era. During that era, the GDP rose at a rate that had never been seen before; 22%. So, when you think about how much the legal sale of marijuana is projected to grow – at a rate that is even higher than one of the biggest growth rates ever in history - you can really see how impressive these projected sales increases are. Tom Adams, the editor-in-chief of Arcview, said the only areas that he ever witnessed reach a $5 billion yearly increase in spending were in the sales of cable TV in the 1990s and broadband Internet in the 2000s. Troy Dayton, the Chief Executive Officer of Arcview said one of the biggest reasons why the growth of marijuana sales has spiked in 2016 is because of edibles and concentrates. He noted that these are quickly becoming the preferred way to consume marijuana; people prefer these ingestion options over traditional smoking.

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