Posted on May 31, 2016 in Miami Criminal Defense News & Articles

An arrest is a frightening moment in one's life but upon your release from jail you may realize the potential future consequences of your arrest are even scarier. Even if charges are dropped, an arrest record can ruin chances of getting a job, receiving loans, and much more. In the last twenty years, law enforcement agencies in the United States have made more than 250 million arrests, according to the Federal Bureau of Investigation. Every day, between 10,000 and 12,000 names are added to the list of arrests. Due to these outrageous arrest numbers, the Federal Bureau of Investigation has 77,700,000 people in their master criminal data base – almost 1 out of every 3 American adults.

While arrests are on the rise, access to arrest records has also been made easier. Banks, employers, higher learning institutions, landlords, and many others, can now routinely and quickly search arrest records online. In cases of a false arrest, where the arrest information was received by the FBI, there is no guarantee the FBI database will be updated when the charge is thrown out. Hiring a Miami criminal defense attorney is your best bet to ensure your arrest doesn't complicate your life more than it needs to.

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 Posted on May 25, 2016 in Miami Criminal Defense News & Articles

Two South Florida burglars took "having it your way" to another level Monday morning. At around 3:00 AM, two masked men broke into an Allapattah Burger King using a crow bar to pry open the drive-thru window. The two men headed straight to the safe with the proper tools to remove it in a timely fashion leading police to believe it was an inside job. The safe held an estimated $13,000 in cash. This robbery is believed to be connected to a similar one in Coral Way just two weeks ago.

What is Burglary?

Burglary, under Florida statute 810.02, is an offense comprised of three elements. In order to be found guilty of burglary, the state would need to prove all three beyond a reasonable doubt. Without all three elements present, the burglary claim will fail. First, you need to (1) enter a building, whether it being a dwelling or structure. Next and most importantly, you need to have (2) intentionally done so (3) in order to commit an offense while you are there. The burglars here, (1) entered the Burger King with the (2) intent, as shown by their use of crowbars, to (3) steal the safe.

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 Posted on May 24, 2016 in Miami Criminal Defense News & Articles

Former Miami Mayor Carlos Alvarez pleaded not guilty on charges of domestic violence last Wednesday in Miami Dade County. Alvarez allegedly grabbed and pinned his ex-girlfriend, who he had been involved with for over ten years, against the wall and spat at her. According to the arrest form, Alvarez developed a pattern of violence ever since he has been out of office. The former Miami mayor is currently out on bail and is anxious to get his side of the story out.

What is Domestic Violence?

The former mayor was charged with domestic violence battery. To better understand the term, it is easier if it is broken down. First, domestic violence is a charge brought against one household member by another household member. A household member could be any person that you are related to by blood or any person who you have lived with and acted as a family in the past or continue to do so today. The second part of the term is the offense, which covers, but is not limited to, charges including assault, battery, sexual battery, and kidnapping. In this instance, Alvarez faces battery charges. Battery can occur in two situations. The first is when you actually and intentionally touch or strike someone against their will. The second is when you intentionally cause bodily harm to another. Putting it all together with what happened here, the domestic violence distinction can be attributed to the long and intimate relationship Alvarez shared with the victim. The alleged battery will likely fall under the first half of the statute and occurred when Alvarez pressed the victim against the wall against her will.

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 Posted on May 17, 2016 in Miami Criminal Defense News & Articles

Being charged with a DUI is an extremely serious offense and it should be treated as such. You'll be charged a large fine and have your license temporarily suspended. A DUI will also increase your insurance rates and can even include jail time in some cases. Things become even more serious when you're given a guilty court verdict, as this can impact your employment options, financial future, and ability for international travel. However, a DUI does not have to be the end of your world.

With the expert legal services of the DUI defense attorney at Stroleny Law P.A., along with the following tips, you can survive the emotional crisis that is a DUI charge and come out strong in the end.

Write down every detail of your DUI arrest

The court will focus on three specific factors during trial: how you were driving when you were pulled over, how you looked and acted during questioning and sobriety tests, and the results of your field sobriety tests and chemical blood/breath tests.

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 Posted on May 17, 2016 in Miami Criminal Defense News & Articles

When we think of dangerous crimes, we typically think of street crime: muggings, shootings, robberies, assaults, and so on. However, it is actually nonviolent corporate, AKA white collar, crime that inflicts more damage on society than all the violent street crime combined.

White collar crime includes offenses like fraud (healthcare, credit card, bank, immigration, mortgage, etc.), money laundering, practicing or contracting without a license, forgery, tax evasion, employee theft, and embezzlement.

Fraudulent crimes are among some of the most expensive in The United States. Healthcare fraud alone costs Americans between $100 and $400 billion every year and savings and loan fraud costs anywhere between $300 and $500 billion.

Corporate crime can also be violent, even though you might not expect it. An estimated 56,000 Americans die every year on the job from occupational diseases and tens of thousands of Americans die due to pollution, food contamination, hazardous products, and medical malpractice.

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

After an arrest for driving under the influence, or DUI, defendants should consult with a criminal lawyer regarding their best options. Sometimes, when there is strong evidence against the defendant and all other legal avenues have proven to be unsuccessful, the case is resolved with a conviction. When convicted of a DUI there is always a fine that attaches to the sentence. Under Florida Statute, 316.193(2)(a)-(b), minimum and maximum fines are addressed.

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of.15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.)

Second Conviction: Not less than $1,000, or more than $2,000. With BAL of.15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.

Third Conviction: More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of.15 or higher or minor in the vehicle: Not less than $4,000.

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 Posted on March 29, 2016 in Miami Criminal Defense News & Articles

Donald Trump campaign manager, Corey Lewandowski, surrendered to the Jupiter Police Department in Florida after being charged with battery stemming from an incident with a reporter at a campaign event.

The alleged victim and professional reporter, Michelle Fields, filed charges against Mr. Lewandowski, alleging he pulled her arm while she attempted to ask Trump a question at an event at Trump National Golf Club in Jupiter, Florida on March 8.

Under Florida law, the penalties for battery could be as much as one year in jail and/or a fine of up to $1,000.

"Mr. Lewandowski is absolutely innocent of this charge," the Trump campaign said in a statement. "He will enter a plea of not guilty and looks forward to his day in court. He is completely confident that he will be exonerated."

A video of the alleged event has been leaked to mainstream media sources and appears to show no wrong doing on the part of Mr. Lewandowski.

If you or someone you know has been charged with battery, call Stroleny Law: Criminal Defense Attorney for your free consultation. Miami criminal lawyer Julian Stroleny, Esq., is here to answer all your criminal defense questions, 305-615-1285 .

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 Posted on March 23, 2016 in Miami Criminal Defense News & Articles

Every year, Miami's Ultra Music Festival is one of the city's premier events with attendance numbers expected to hit 165,000-170,00 people. People from all over the world come to enjoy the sights and sounds at the festival, tickets for the event sell out months in advance. For the event the City of Miami increases the police presence at the festival grounds, inevitably resulting in a spike in arrests for the three days the festival is held. For those attending Ultra, here is some advice from a criminal defense lawyer on how to best handle an interaction with the police.

1. First and most importantly, ask the police officer if you are free to leave or if you are being detained! Often, people are free to leave and are not required to interact with the police officer, yet they hang around and voluntarily give the officer valuable/damaging evidence. Get a clear answer from the officer, you are either free to leave or you are being detained, there is no middle ground. If you are free to leave, quickly and quietly walk away from the police officer.

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

The biggest update in Florida medical marijuana news at the moment is related to the Florida legislature passing HB 307 in both the House and the Senate, sending the measure to Governor Rick Scott's desk for approval. This bill would expand Florida's failed Compassionate Medical Cannabis Act, signed in 2014, whose failed implementation has been criticized heavily by the public; with the law itself disputed by many lawsuits claiming corruption in the selection of distribution licenses. Two years after its passage, the Compassionate Medical Cannabis Act, or low-CBD law, has yet to benefit any qualifying patients in the state, leaving the medical marijuana community feeling misled by the Florida legislature. Criminal lawyer, Julian Stroleny, Esq. of Stroleny Law: Criminal Defense Attorney, refers to the updated HB 307 "as a poor attempt to undermine the residents of Florida from deciding on medical marijuana in November under Amendment 2. The politicians have shown they have no desire to actually get the medicine to those in need and have ensured when medical marijuana does come to Florida, those who profit from it will be their political campaign contributors."

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

We all know cocaine possession is illegal in the State of Florida but penalties for possession quickly reach minimum mandatory sentences of many years and sometimes decades. As a criminal defense attorney I frequently handle cocaine possession cases ranging from under one gram to several kilos. Under Florida Statute § 893.135 anyone who "knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of cocaine" may face criminal charges if caught. Below is a table featuring the common cocaine possession charges along with the applicable minimum mandatory sentences.

Cocaine possession cases are serious matters that should be handled by attorneys with experience in drug defense. There are many available defenses to cocaine possession cases but only a criminal defense attorney should advise a client of what may be their best option. If you or someone you know has been arrested for cocaine possession feel free to call our office for a free consultation, 305-615-1285 .

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