Posted on June 28, 2014 in Miami Criminal Defense News & Articles

Once you've been arrested or charged with Possession of a Controlled Substance, Drug or an Illegal Substance, possession has to be established to successfully convict you of the crime. There are two types of drug possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal substance or drug possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.

Actual possession is simple and easy to detect. It is essentially "having physical custody or control of an object." It is sometimes called "possession in fact" and is defined as having immediate physical contact with the object. This type of possession usually occurs when the object is found on the person.

On the other hand, constructive possession is a broader form of possession. It includes possession where the individual does not have any physical contact with the object. It is sometimes called "possession in law" and is defined as having knowledge of the object and the ability to control the object. In these types of possession, physical contact is not necessary and the object is not usually found on the person.

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 Posted on June 28, 2014 in Miami Criminal Defense News & Articles

Florida Governor Rick Scott strikes again! Governor Scott has signed a new law granting Floridians who fire a warning shot or threaten to use a gun the ability to avoid criminal prosecution. An experienced Florida criminal defense attorney can help you understand this law and how it affects you.

If you have any questions regarding the new "warning shot" bill, contact experienced Miami criminal defense attorney, Julian Stroleny at Stroleny Law: Criminal Defense Attorney

The law known as the "warning shot" bill was motivated by the case of Marissa Alexander. Alexander was sentenced to 20 years in prison after having fired a shot near her estranged husband during a dispute, which took place in Jacksonville, Florida. Although Alexander asserted that she fired the shot in self-defense, the judge did not allow her to employ the "stand your ground" self defense law. The judge's rejection of Alexander's self-defense claim was surprising since the "stand your ground" law was implemented to grant individuals the ability to use force in circumstances where they reasonably believe their life is in danger.

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 Posted on June 28, 2014 in Miami Criminal Defense News & Articles

During this scene, the 40 year-old virgin should have definitely driven.

In Florida, the device he blew into to start her vehicle is known as an ignition-interlock device. Although she mentions that a "judge recommended it," it was almost certainly ordered that she place it in her vehicle by the judge from her previous DUI arrest. Did you know that if you are placed on probation for a DUI and ordered to have an ignition-interlock device, you would be required to pay for it's installation and per diem costs? Furthermore, having another individual blow into it so that you may drive would constitute a violation of her DUI probation terms.

If she were to be pulled over and arrested for DUI, she would not be eligible for the "Back on Track" program because she has a previous DUI arrest and caused a number of accidents when she grinds against a number of parked vehicles. Furthermore, assuming she was arrested for the crime of DUI within 5 years of her previous DUI arrest and conviction, she would be facing enhanced statutorily required penalties including a minimum of 10 days in jail, 30 day vehicle impoundment, and a 5 year license suspension.

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 Posted on June 28, 2014 in Miami Criminal Defense News & Articles

Closing arguments were delivered Monday morning and jurors began deliberating in the afternoon.
www.nbcmiami.com | By Bobby Brooks and Hank Tester

A jury found Sandor Guillen guilty on Monday of all three charges in the 2012 fatal hit-and-run crash that killed 13-year-old Kaely Camacho in southwest Miami-Dade.

Guillen, 39, was found guilty of vehicular homicide, DUI manslaughter and leaving the scene of an accident in the April 13, 2012 crash. He had pleaded not guilty.

Prosecutors and Guillen's attorney delivered their closing arguments Monday morning and jurors began deliberations in the afternoon. They returned with their verdict after only about three hours.

The victim's older sister Bree Ann Camacho, who survived the crash, said after the verdict that she hopes that "this is an example to all of you out there to never get behind the wheel while impaired. Because you are not just being selfish and could possibly take your own life but you could take other people's lives like my sister Kaely Camacho."

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 Posted on June 28, 2014 in Burglary

If Ace had been arrested, it is most likely Ace would only be charged with the crime of trespass. The crime of trespass is defined as when a person enters or remains on property of another without prior authorization, invitation, or license.

For a trespass to become a burglary, it must be shown that the individual trespassed with the intent to commit a crime during the course of that trespass. For example, if it could be proven that Ace intended to steal Snowflake (theft) while trespassing, he could be arrested and charged with burglary. Another example is if it could be proven that Ace intended or did damage the property of another (criminal mischief), he could also be arrested for the crime of burglary.

The vast majority of trespasses are misdemeanor offenses, but can be charged as third degree felonies under specific circumstances (i.e. while armed). Burglaries may range from 3rd degree felonies (5 years in jail) to those punishable by life. If only charged with misdemeanor trespass, Ace still faces up to a year in the county jail.

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 Posted on June 28, 2014 in Miami Criminal Defense News & Articles

Following a string of incidents, music sensation and pop star Justin Bieber is once again facing trouble with the law. Justin Bieber is being accused of attempted robbery of a cell phone. Generally, attempted robbery is the attempt to take property from the custody of another with the intent to deprive the person of the property and when there is the use of force or violence.

The alleged incident took place during the night at a batting cage in Sherman Oaks on Monday, May 12 after Justin Bieber spotted a woman with her cell phone out. Bieber got involved in a confrontation with the woman and demanded that the woman hand him her cell phone so that he could delete any photos that the woman may have taken of him. After refusing to hand her cell phone over, Bieber allegedly decided to take matters into his own hands. According to the woman, Bieber then reached into the woman's purse and snatched the cell phone.

This is not Bieber's first run in with the law. Over the past several months, Bieber has been accused of felony vandalism in Los Angeles, assault in Toronto and was even arrested on suspicion of D.U.I. in Miami.

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