Posted on February 05, 2016 in Miami Criminal Defense News & Articles

Aside from violent, financial, and drug crimes, a criminal defense attorney will frequently defend clients charged with sexual battery. Sexual battery in Florida covers a range of illegal activity, from inappropriate touching to what is commonly known as rape. In Florida, rape is referred to as sexual battery. A battery is an unlawful touching and therefore sexual battery is an unlawful touching that is sexual in nature. Other less known forms of sexual battery are sodomy and indecent assault. If you or someone you know if being accused of sexual battery, contact Stroleny Law: Criminal Defense Attorney at 305-615-1285 .

Defenses to Sexual Battery Charges

As a sex crime attorney, the most argued defense to sexual battery cases is voluntary consent. Meaning that at the time of the sexual conduct the victim had consented to the sexual touching. At some point after, the victim denied they ever consented, but consent cannot be withdrawn after the touching has ended. Florida laws do not allow for the use of certain defenses in cases of sexual battery. A criminal defense attorney is not allowed to use the victim's "unchastity" or discuss the victim's prior sexual conduct.

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 Posted on January 15, 2016 in Miami Criminal Defense News & Articles

As a Miami criminal defense attorney I have the honor of representing clients accused of every type of crime from drug possession to 1^st degree murder. Before I become their attorney, these individuals are typically in my office for a consultation as a prospective client. At those meetings I get to hear from my prospective clients about some of the wild past experiences with other Miami criminal defense attorneys and I want to share some of the "red flags" I warn my prospective clients about.

1. There is a big difference between a criminal defense attorney informing a client of the maximum jail sentence they are facing and a criminal defense attorney using that maximum jail sentence allowable by law to scare a client into retaining said attorney.

You have common sense and you know the difference between someone educating you and someone just trying to scare you. If the attorney mentions in your consult that you are looking at 30 years in jail they are probably just attempting to educate you. If your Miami criminal defense attorney is telling you "look you're facing 30 years in jail, you need me to handle this for you immediately", your instincts should tell you this attorney is probably not the right fit for you. When a client enters one of my offices I am well aware of why they are naturally uncomfortable in a criminal law office setting. Frequently our clients have never been in trouble with the law and being in a criminal law office seems scary to them. My staff is as friendly as someone could imagine, but regardless, prospective clients are uneasy. For an attorney to prey on this vulnerable moment in a client's life with threats of maximum jail sentences that the attorney knows will almost never actually materialize is highly unethical. Enough said on this issue, next point.

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 Posted on November 14, 2015 in Miami Criminal Defense News & Articles

Concerned about your recent DUI arrest? Looking for the right criminal defense attorney to advise you on what to do? For first time DUI arrests the Miami Dade State Attorney's Office offers a diversion program known as Back on Track. At the end of the program, if completed successfully, your charge is reduced from DUI to a reckless driving charge.

Not every DUI arrest is offered the Back on Track program. There are strict requirements and the right DUI defense attorney can sometimes assist you in being accepted to the program even if you don't meet the program requirements.

Back on Track Requirements for Entrance into Program

1. This must be a first DUI arrest for you
2. You cannot have caused an accident or injury to another person
3. There must not have been any minor children in the car
4. No open alcohol containers were in the vehicle
5. If you submitted to a breath test, no results higher than a 0.25 B.A.C
6. No prior felony on your record with a conviction or a withhold of adjudication

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 Posted on November 13, 2015 in Miami Criminal Defense News & Articles

Miami-Dade County Drug Court was set up in the summer of 1989 by administrative order of the chief judge of Florida's 11th Judicial Circuit. The Drug Court places defendants in a Treatment Program, monitors their progress, and decides whether they have recovered sufficiently to have their case dismissed. In essence, it is a treatment program overseen by a court.

Not every arrestee charged with a drug offense gets the chance to participate in Drug Court. Program eligibility is governed by Florida Statute 948.08(6)(a). To qualify, generally, a defendant must be charged with possessing or purchasing drugs, tampering with evidence (added 2001), solicitation for purchase (2001), obtaining a prescription by fraud (2001) and the state attorney must agree to diversion. Defendants who have a history of violent crime, have been arrested for drug sale or trafficking, or have more than two previous non-drug felony convictions (Administrative Order), are typically ineligible.

The program lasts for a minimum of twelve months, as per statutory requirement. Its main features are early identification of appropriate candidates, diversion from the ordinary course of prosecution, and keeping the case pending for a minimum of 12 months while the defendant rehabilitates him/herself from his/her drug addiction. This is done with frequent treatment, frequent court staff contact, relatively frequent court appearances for close monitoring by the judge, no prosecutorial use of tests, assessments, and written/oral admissions of drug usage, disinterest in the details of the pending charges, and use of incentives and sanctions, all leading to dismissal of charges earned by successful completion of treatment.

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 Posted on November 12, 2015 in Miami Criminal Defense News & Articles

In the State of Florida possession of less than 20 grams marijuana, also called cannabis, is a first degree misdemeanor, punishable by up to 364 days in jail or a year of probation. As a criminal defense attorney in Miami, I regularly meet with clients facing their first marijuana arrest. All too often, my client is facing a second or third marijuana arrest.

Whenever I meet with clients, it is my responsibility to explain their case will end in one of three ways: 1) a dismissal of the charges; 2) a plea; or 3) a trial. If the charges are not dismissed by the prosecutor, it is the client that gets to choose whether they want a plea or a trial. A criminal defense attorney should never force a client towards an option. Instead, our job as a criminal defense attorney is to advise and strategize with our clients to achieve their goals.

For a first time marijuana arrest, when the State's evidence against my client is strong, the option of Pre-Trial Diversion for marijuana can be a good choice for some clients. In Miami, the Pre-Trial Diversion or "PTD" program is managed by two private companies, Court Options and The Advocate Program. Different Judges use different programs.

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 Posted on August 19, 2015 in Miami Criminal Defense News & Articles

Former Subway spokesman Jared Fogle, accompanied by his criminal defense attorney, Ron Elberger, is scheduled to be released today after an appearance in court in Indianapolis in connection to the federal criminal charges against him that he formerly paid for sex with minors and received child pornography.

At his initial appearance in the Indianapolis Federal Courthouse, Fogle confirmed that he received the charging documents and fully understood the charges against him. Jared will be released today, pursuant to the judge's orders and as agreed to by both sides. A plea agreement has been filed, but he will enter a plea at a later date. It was not yet known what conditions the Judge required for Jared's release.

U.S. Attorney Josh Minkler in Indianapolis is scheduled to hold a news conference at 12:30 p.m. ET to announce the federal charges against Fogle. A plea agreement has been reached on charges that he distributed and received child pornography and he traveled to engage in illicit sexual conduct with minors, according to a court document.

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 Posted on August 07, 2015 in Miami Criminal Defense News & Articles

A police spokesman said Vincente David Montano, the homeless man who attacked people at a movie theater in Nashville, Tennessee had a canister of propane, lighter fluid and a lighter and may have intended on setting off an explosive device.

Don Aaron, Metro Nashville Police spokesman, said Thursday the attacker made a gash on the canister of propane, rending it useless.

Aaron said Vincente David Montano started his attack by pepper-spraying two women who were sitting in the theater. A man who was with them intervened and he was wounded by an ax that Montano was carrying. Montano also had a pellet gun. He was killed by police.

What initially appeared to be another mass shooting at a movie theater is beginning to look more like the last desperate act of a severely disturbed homeless man who may have had no intention of harming large numbers of people - but perhaps knew he himself could be killed.

Police say the 29-year-old man identified as Vincente David Montano bought a ticket for "Mad Max: Fury Road" in southern Nashville and entered with pepper spray, a pellet gun and an ax. He fired the pepper spray at several people in the audience before a police officer summoned by other theatergoers confronted him. Montano was shot dead by a SWAT team as he tried to escape out of a back door.

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 Posted on August 07, 2015 in Miami Criminal Defense News & Articles

San Francisco 49ers pass-rusher Aldon Smith is no stranger to legal trouble and was arrested again and jailed Thursday night, in Santa Clara, California. Last season he served a nine-game suspension for violating the NFL's personal conduct and substance abuse policies; Smith is once again making headlines and not for exception plays. In a statement released by the Santa Clara Police Department on Twitter, it was announced Smith was arrested for a hit-and-run accident, driving under the influence and vandalism. It is not yet known if Smith has retained a criminal defense attorney for the matter.

Smith posted bail on Friday, and has publically apologized for the arrest. 49ers owner Jed York said "not yet" when asked if he had decided on Smith's future with the team, per NFL Network's Mike Silver. Smith was apparently succeeding in winning over the organization, as 49ers general manager Trent Baalke expressed a desire to re-sign him before next offseason, when he becomes a free agent, according to ESPN.com's Paul Gutierrez: "He's in his contract year. He's poised to have a very good year. We expect him to have a very good year. I think he expects himself to have a very good year. We're going to work hard to make sure that he remains here."

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 Posted on August 07, 2015 in Miami Criminal Defense News & Articles

The DEA chief previously said pot is "probably not" as bad as heroin, but that he was "not an expert."

On Wednesday, the head of the country's top Drug Enforcement Administration has finally acknowledged that marijuana is safer than heroin.

DEA Acting Chief Chuck Rosenberg publically admitted "heroin is clearly more dangerous than marijuana." This is after just last week, Rosenberg had said marijuana is "probably not" as dangerous as heroin, but added that he was "not an expert."

Currently marijuana is still classified by the DEA as a Schedule I drug, alongside heroin and LSD. Schedule 1 is the category reserved for drugs with the highest potential of abuse and no medical value.

Four states and the District of Columbia have legalized recreational marijuana, and 23 states have legalized it for medical purposes.

In 1996, California voters passed Proposition 215, making the Golden State the first in the union to allow for the medical use of marijuana. Since then, 22 more states, the District of Columbia and Guam have enacted similar laws.

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 Posted on June 02, 2015 in Miami Criminal Defense News & Articles

Four teens have been arrested after they used a stolen camcorder to make a video of themselves counting stolen cash, wearing stolen jewelry, sitting in a stolen car and bragging about their thefts. Police officers recovered the stolen items, including the camcorder, after the suspects crashed the stolen vehicle in Fort Lauderdale and abandoned it, leaving behind all the stolen items and the video, said Dani Moschella, Broward Sheriff's Office spokeswoman.

The officers tracked the items to residential burglaries in Boca Raton and Oakland Park. Broward Sheriff's Office detectives in Oakland Park saw the video and recognized each burglar. The suspects are thought to have been active in the tri-county area, committing at least 25 residential burglaries in Oakland Park, as well as stealing and burglarizing cars.

The four teens are Machel Stevens, 18, of Fort Lauderdale, along with three other boys ages 16 and 17, and they are being charged with burglary and grand theft, among other things. In Florida, burglary, also known as breaking and entering, is defined by Florida Statute §810.02. This is the willful and illegal entry of a home, business, building or motor vehicle with the intent to commit a crime such as theft, assault and battery, and vandalism. "Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §775.082, §775.083, or §775.084, if, in the course of committing the offense, the offender: (a) commits an assault or battery upon any person; or (b) is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or (c) enters an occupied or unoccupied dwelling or structure, and: 1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or 2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000." However, a burglary is considered a second-degree felony "if in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive," and it is punishable under Florida Statutes §775.082, §775.083, or §775.084.

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