Posted on July 20, 2016 in Miami Criminal Defense News & Articles

A prostitution arrest is an embarrassing charge for any party engaging in a sex for money transaction. Clients who have hired me are frequently concerned about others discovering their arrest. I understand the sensitive situation those arrested for prostitution are in. A prostitution arrest can have devastating consequences if discovered by family, spouses, friends, work colleagues, or fellow students. In Miami, prostitution stings are commonly conducted by local law enforcement agencies on both the Johns and prostitutes. Our criminal defense lawyer is a former prosecutor who headed the Misdemeanor Screening Unit at the Miami Dade State Attorney's Office and were responsible for charging all misdemeanor prostitution arrests in Miami Dade County. He has the experience to work for the best resolution to your prostitution case and he wants to help.

Common Prostitution Stings in Miami

Prostitution stings are common in Miami due to high levels of prostitution offenses being conducted in certain high traffic areas. Various law enforcement agencies commonly attempt to pick up Johns and prostitutes on highly trafficked roads such as SW 8^th Street, Flagler Street, NW 79^th Street, Chrome Avenue, Collins Avenue, and Washington Avenue. If you have been arrested as part of a street detail sting, consult with a Miami criminal lawyer immediately to discuss your case.

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 Posted on July 19, 2016 in Miami Criminal Defense News & Articles

Bench Warrants

Warrants are orders from the court directing law enforcement to take someone into custody and hold them until a cash bond is posted or until they appear before a judge, depending on the type of warrant. Warrants are issued by county and circuit court judges after a defendant fails to appear for a court hearing. The two commonly issued warrants in Miami courts are bench warrants and alias capias warrants. Bench warrants are issued for misdemeanor crimes and are issued by county court judges. Alias capias warrants are issued for felony crimes and are issued by circuit court judges. All Miami defense lawyers would likely agree that bench warrants tend to be easier to remove than alias capias warrants (though no warrant should be taken lightly).

Bench Warrants in Miami

Bench warrants are issued frequently in Miami because defendants either forget to appear for court or because they were arrested while visiting Miami and return to their home without addressing the charges, believing their case will go away on its own. If someone has an open bench warrant in Miami and they come into contact with law enforcement they will be taken into custody, processed through the jail, and may be released upon payment of a cash bond or appearance before a judge. In most instances, with the help of a criminal defense attorney, bench warrants can be removed without the defendant being taken into custody.

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 Posted on July 14, 2016 in Miami Criminal Defense News & Articles

Sealing or Expunging

Sealing or expunging a criminal record in Florida is a popular method of concealing one's criminal history from the public eye or potential employers. Sealing a record in Florida means the criminal record is placed in an envelope, with the envelope later sealed and sent to a storage facility. The individual's record when sealed will also be removed from the public court online database. An expunged record is almost the same as a sealed record but the record is supposed to be destroyed instead of simply placed into an envelope and sealed. In the opinion of most criminal attorneys in Miami, an expungement is in most circumstances preferable to a sealing.

While circuit and county courts in Miami-Dade grant Orders to Expunge criminal records, the determination of whether an applicant is eligible for a sealing or expunging is made by the Florida Department of Law Enforcement.

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 Posted on July 12, 2016 in Miami Criminal Defense News & Articles

Pre-Filing Representation

Recently a client called into our office seeking the representation of a criminal defense lawyer in Miami. The client had been arrested a few days earlier in Miami-Dade County and figured it would be best to hire a local lawyer to represent him. He was absolutely correct. The client's arrest was for aggravated assault with a firearm where the firearm was discharged in the course of a crime. In terms of criminal charges this crime is as serious as they come due to the 20-year minimum mandatory sentence imposed in the event of a conviction.

Aggravated Assault with a Firearm

This client had never been arrested before this incident and had zero contact with the criminal justice system yet he faced 20-years in jail if convicted of aggravated assault with a firearm. The allegation against the client was that he was frustrated with juvenile criminal offenders hanging around his mother's apartment due to their drug use and criminal activity. He allegedly told them several times before to leave the area. Allegedly the client got fed up with their activity and showed them a pistol and threatened if they ever came around again he would use the pistol, then firing a shot into the air as the juveniles fled. Hiring a Miami criminal defense attorney shortly after his arrest probably saved this client from serving 20 years in jail.

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 Posted on July 11, 2016 in Aggravated Assault

Assault and Battery

The crimes labeled as assault and battery are commonly charged throughout the country and have different meanings in various jurisdictions. In most jurisdictions assault and battery are two separate crimes and in other jurisdictions the crimes are lumped into one. In Florida, and Miami-Dade County specifically, the crimes of assault and battery are two very different and distinguishable crimes.

What is Assault?

Assault occurs when a defendant:

• Intentionally threatens, verbally or by physical act, another person;
• The defendant has the apparent ability to carry out the threat; and
• The threat creates a well-founded fear in the person that such violence is "imminent."

A classic example of assault would be a situation where a defendant is standing in front of another person, threatens to punch the person in the face and then throws a punch in the direction of the person but misses because of bad aim. In this situation even though the person was never actually struck by a punch, the defendant committed the crime of assault.

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 Posted on July 08, 2016 in Miami Criminal Defense News & Articles

The concept of "immunity" is one we have all heard discussed in movies, songs, and television shows. In the most common portrayals a person is accompanied by their criminal defense lawyer and begs police officers for immunity with the promise of information related to the criminal activity of others. We've all seen this situation play out time and time again. Unfortunately, it is this incorrect understanding of immunity that gets many defendants in trouble.

Prosecutors Grant Immunity, Not Police Officers

Frequently police officers will promise immunity or lead the suspect to believe they will receive immunity if the suspect "just cooperates." This negotiation takes place without the supervision of a criminal lawyer and once the police officer hears the information they want the handcuffs go on the suspect. Police officers are allowed to lie to suspects when interrogating them. They are allowed to say they have evidence they don't really have. They are allowed to say they have cooperating witnesses they don't really have. And finally, they are allowed to promise to let someone go if they "just cooperate."

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 Posted on June 28, 2016 in Miami Criminal Defense News & Articles

Being charged with drunk driving is a serious offense that comes with serious consequences including hefty fines, license suspensions, a permanent criminal record, and even jail time. Although a DUI arrest can be a frightening and stressful experience, taking the following steps immediately after your arrest can help you survive this legal and emotional crisis.

Write Everything Down

Drunk driving cases are won or lost in the details. Be sure to write down everything that you can remember from your DUI stop and arrest. Memories tend to fade with time, along with important details that may help you win your case. Write down the following information:

• When and where you were pulled over
• The reason the officer cited for pulling you over
• Whether you were given a breath test
• What you told the officer about what you had to drink
• What sorts of field sobriety tests were conducted

Taking the time to write down all the details you can remember may help your attorney fight the charges and win your case.

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 Posted on June 22, 2016 in Juvenile

Every adult will likely agree that their adolescent years were among the hardest, and most confusing, of their lives. Teenagers all over the world are undergoing stressful changes, shaping their identity, experimenting, and seeking acceptance from their peers-and a lot of these motivations and desires may drive them to commit juvenile crimes like theft, trespassing, vandalism, drug offenses, or even more violent crimes. It's easy to condemn teenagers who have committed a crime, and blame their actions on stupidity and recklessness.

Fact is, juvenile crimes are attributed to several factors. According to Laurence Steinberg, an adolescent brain development expert at Temple University, the criminal justice system needs to rethink how juvenile crimes are handled. His research indicates that the adolescent brain is still in development, as we know, and juvenile offenses may be a little more out of their control than we think.

• Adolescents are more likely to take risks in groups. The risk doubles with friends or peers. The reward centers of the brain are activated with friends around, which motivates juveniles to take risks and commit crimes to impress their friends for reward and praise.

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 Posted on June 07, 2016 in Miami Criminal Defense News & Articles

Teanna Trump, whose real name is Keanna Nichelle Jones, was sentenced to 180 days in jail after pleading guilty to a misdemeanor marijuana charge. Originally charged as felony marijuana possession with intent to distribute, the misdemeanor charge was likely accepted as part of a plea deal for a reduced sentence.

Teanna Trump admitted herself on twitter that she "... got caught with 6lbs of weed I was in oaklohoma [sic]." The 20 year old adult film star from Indiana began her career in 2014 and also goes by the aliases Teanna West, Teanna Sweet, and Teanna Smiles. To date Teanna Trump has starred in over 50 adult films.

In Florida, under Florida Statute §893.13(6)(b), possession of up twenty (20) grams of marijuana is a first degree misdemeanor, punishable by a maximum penalty of 1 year in jail and a $1,000 fine. Possession of over 20 grams is considered a felony in Florida and carries a penalty of up to five (5) years in jail and a $5,000 fine. Frequently, first time offenders can be enrolled in a prosecution diversion program as long as the circumstances of the arrest don't indicate the defendant was dealing or cultivating marijuana. If the prosecution diversion program is successfully completed by the defendant, the State Attorney will dismiss the charges as part of the plea deal. An additional benefit is that once the charges are dropped, the defendant may qualify to have the marijuana charge sealed or expunged off their record.

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 Posted on June 06, 2016 in Miami Criminal Defense News & Articles

While marijuana is gradually being legalized in phases throughout the United States, drugs are still criminalized. There are different types of drug-related crimes, and each type of crime varies in severity.
Drug-related crimes can occur at a local, state, or federal level. The expense, severity, and ensuing punishment varies depending on the size and scope of the case, and the level of the court to which the charges are brought.
Most drug cases fall into these categories:

1. Cultivation/Manufacturing: Any individual will be charged with cultivation/manufacturing if they are involved in any step of the drug-growing or production process.
2. Distribution and Trafficking: If an individual delivers, provides, or sells any illegal drugs or substances, the individual is charged with distribution. Trafficking occurs in the illegal distribution or sale of controlled or illegal substances.
3. Possession: This is the most common type of drug charge, and usually pertains to marijuana possession in states where the possession of marijuana is illegal. If an individual has possession of an illegal drug without official permission or a prescription, it is referred to as "simple possession", and usually implies that there was no intent to distribute the drug.

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