Recent Blog Posts

Injunction vs Restraining order

 Posted on February 21, 2024 in Domestic Violence

Domestic violence is an ongoing problem in Florida. In many cases, victims can pursue an injunction, restraining order, or other protective order against abusers. This article highlights injunctions and restraining orders and how legal representation can help when dealing with them.

It can be confusing and intimidating if you've had an injunction or restraining order brought against you. You need an award-winning criminal defense attorney standing up for your rights. Julian Stroleny, Attorney at Law, is an experienced and effective domestic violence defense attorney - named a Super Lawyers Rising Star from 2019 to 2023. He also was recognized as an AV Preeminent attorney in 2002 and 2023 by Martindale-Hubble.

Contact Stroleny Law: Criminal Defense Attorney today at (786) 481-4129 to get started on your criminal defense.

What Are Injunctions and Restraining Orders?

Victims of domestic violence or similar crimes can seek protection from the court. The court can order a restraining order or injunction, depending on the circumstances. The purpose of the injunction or temporary restraining order is to prevent one person from contacting the other, either in person or online. A restraining order is a temporary court order, while an injunction is long-lasting and possibly permanent.

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DUI first offense Penalties in Florida

 Posted on February 21, 2024 in DUI

Imagine being pulled over for a DUI in Florida. The police shackle you with handcuffs and stick you in their car. Your entire future is in doubt. Fortunately, with the help of an experienced criminal defense attorney, all is not lost. You could have the charge reduced or even dismissed - but you must act quickly! Even for a first-time DUI offense, the consequences can be severe.

An award-winning DUI attorney at Stroleny Law: Criminal Defense Attorney, can help you navigate the justice system and defend your rights along the way. Julian Stroleny Attorney at Law is a skilled, accomplished DUI attorney named a Super Lawyers Rising Star from 2019 to 2023. Attorney Stroleny was also named an AV Preeminent attorney in 2022 by Martaindale-Hubble.

For a confidential legal consultation about your DUI charge, speak to Stroleny Law: Criminal Defense Attorney, today by calling (786) 481-4129.

How Florida Defines DUI

Florida DUI laws are strict. Driving under the influence is a severe criminal offense. You may be charged with a DUI in Florida if you drive or have actual physical control of a vehicle when your blood alcohol concentration (BAC) is.08% or higher or if you're under the influence of drugs.

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What is the Minimum Sentence for DUI Manslaughter in Florida?

 Posted on January 22, 2024 in DUI

When you drink alcohol or use certain drugs, the substance can affect your ability to think, react, and make decisions. These abilities are critical for your safety as well as the safety of others on the road, especially when you are in actual physical control of a vehicle. Operating any vehicle while your capacity to do so cautiously is impaired is termed as "Driving Under the Influence".

Florida takes DUI related offenses very seriously. If you are facing this charge, know that the law can be extremely harsh, so consulting with a criminal defense attorney is important to help understand the legal process and defend your rights.

In this guide, you will learn about the Florida laws governing DUI manslaughter convictions, including the minimum sentencing and how an experienced criminal defense attorney can help ensure you are treated fairly and achieve the best possible outcome.

What is Considered DUI Manslaughter in Florida?

DUI manslaughter is a serious criminal offense where a person is accused of driving under the influence of alcohol or drugs, and as a result, directly contributes to the death of another person. UnderFlorida Statute 316.193, someone can be guilty of DUI manslaughter in two situations:

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How Does Domestic Violence Affect Child Custody in Florida?

 Posted on December 28, 2023 in Domestic Violence

Attorney Julian Stroleny understands how difficult it can be to deal with a domestic violence case. When domestic violence occurs in a family, it can have a significant impact on a Florida child custody case. If you're in the midst of a divorce or family dispute involving domestic violence, it's critical to understand your rights and the child custody implications.

In this post, you will learn about child custody in Florida and how domestic violence accusations could impact your child custody case. If you have questions about your situation, domestic violence attorney Stroleny is ready to answer them today.

Florida Child Custody Overview

Before covering domestic violence, it's essential to have a general overview of child custody in Florida. Parents are encouraged to work out their differences when there is a dispute over child custody in Florida. But child custody is often a contentious matter, especially when there are accusations of domestic violence.

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Can You Expunge A Felony In Florida?

 Posted on December 28, 2023 in Criminal Lawyer

We all make mistakes in our lives. Occasionally, a mistake can be big enough to lead to a criminal charge or conviction. Most arrests that didn't result in conviction can be expunged, sealed, or removed from your record. But other charges and arrests may not be eligible for removal.

If you have been charged with or convicted of felony charges in Florida and have a court hearing, this is an immensely upsetting experience, and you may wonder what the future holds. Those who want to clear their criminal record will need assistance expunging or sealing their record. Sealing or expunging your criminal record can be complex, but criminal defense attorney Julian Stroleny has assisted many Floridians with expunging and sealing their criminal records, and all parts of the Florida legal process.

Attorney Stroleny has also been rated a 2023 AV Preeminent - Martindale-Hubble and 2023 Client Champion - Martindale-Hubble. He was an assistant state attorney, so he has a detailed understanding of the Florida criminal justice system that significantly benefits his current clients.

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What Are The Penalties For Domestic Violence In Florida?

 Posted on December 11, 2023 in Domestic Violence

In Florida, being arrested or charged with domestic violence could mean facing jail time if you are found guilty. Florida law provides for the possibility of jail sentences for those who commit first-degree misdemeanor domestic battery and more severe felony domestic violence charges. Along with jail time, you could also be subject to probation, additional fines, and more if found guilty of a Florida domestic violence charge.

If you are facing domestic violence allegations, you should not have to defend your criminal court case alone. A Florida domestic violence lawyer from Stroleny Law: Criminal Defense Attorney can help you navigate the legal system. A knowledgeable domestic violence defense lawyer may be able to achieve a favorable conclusion for your domestic violence case and help you avoid a conviction.

What Is Domestic Violence In Florida?

Florida Statutes Section 741.28 defines domestic violence in Florida. According to the legislation, domestic violence is an act that causes physical damage or death to a household or family member of the accused party by one of the following acts:

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Can You Reschedule a Court Date If You Miss It?

 Posted on September 14, 2023 in Criminal Defense Attorney Miami

You have marked your calendar and prepared your case, but on the day of your court appearance, something unexpected comes up, and you absolutely cannot make it to the court. It's natural to panic in this situation since showing up for a court date is a critical part of the legal process, and missing it may affect your case outcome.

To answer the question, yes, it is possible to reschedule your court date in Florida. However, it is not guaranteed. The decision to allow a rescheduling is entirely at the discretion of the judge presiding over your case. If, for some reason, you miss a court hearing date, you or your attorney must contact the court as soon as possible to explain the circumstances that led to your absence. The court will then decide whether your reasons are valid and whether to grant a rescheduling.

Before we explain how to arrange for another date, let us highlight the potential consequences of not showing up for a court hearing (or a missed court date).

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Can Charges Be Dropped At An Arraignment Hearing?

 Posted on September 11, 2023 in Criminal Defense Attorney In Miami

Criminal court proceedings can often be confusing as there are various processes and formalities that need to be completed. One of the key aspects is the arraignment hearing, which is typically the first formal court proceeding or appearance of the case. Can charges be dropped at an arraignment hearing? To answer that question, there are several factors that need to be considered. Continue reading to learn more.

What is an Arraignment Hearing?

The arraignment hearing is a preliminary hearing in the criminal court process. After the suspect is arrested, an arraignment hearing is conducted to formally charge the suspect with a crime, allow the state more time to investigate the matter, or announce the dismissal of charges. In this hearing, the suspect is advised of the charges, in the event the state files charges. The arraignment hearing typically takes place within 20-28 days after an arrest, but this can vary depending on the local practices.

If you are arrested and held without bond, typically, the arraignment hearing is the first time you meet the judge handling your individual case. The arraignment hearing is held after the first appearance hearing. The first appearance hearing determines whether the person has to be detained, can be released on their own recognizance, or needs to post bail or bond to be released.

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Changes Coming to Marijuana Laws in Florida?

 Posted on May 17, 2023 in Drug Lawyers

As it currently stands in Florida, recreational marijuana is not yet legal. A bill introduced in Florida's Senate seeks to change that. SB 1576, introduced in March of 2023 by State Senator Victor Torres, looks to legalize the use of recreational marijuana for adults of 21 and over and to provide licensing for the opening of marijuana establishments (i.e., dispensaries). If passed, the bill would become law and go into effect on July 1, 2023. This is contingent on the bill passing both houses of Florida's Congress and then being signed into law by Governor Desantis.

Until this bill, or one like it, passes into law, possession of marijuana is still a crime in Florida. Possession of 20 grams or less of cannabis is considered a misdemeanor of the first degree, punishable by up to a year of imprisonment and a fine of up to $1,000. So, while changes to Florida's laws regarding marijuana may be on the horizon, it is important to know that you can be arrested and charged with a crime for possessing marijuana in Miami-Dade County and the rest of Florida.

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What to do if You Have an Arrest Warrant in Miami?

 Posted on May 17, 2023 in Criminal Defense Attorney In Miami

If there is an arrest warrant in your name in Miami-Dade County, a police officer can detain and arrest you at any time. Arrest warrants are issued for several reasons and need to be taken seriously. Arrest warrants can be issued for violating probation, committing a felony, failure to appear, and many other reasons.

Even a minor charge can result in an arrest warrant being issued in your name. A common mistake many people make is to wait until the very last moment to find out when they are supposed to make an appearance in court. No one from the court will call you to remind you that have to appear the next day. Hiring a criminal defense lawyer to represent you in your case can, in some situations, prevent the case from escalating to the point where a warrant is issued for your arrest.

Like an arrest warrant, a bench warrant can be issued for your arrest if you violate the rules of the court. This can include not showing up to a first appearance hearing for a written arrest or not complying with terms set by the judge in your case. Many times, individuals who are given a criminal traffic citation do not pay attention to when they are supposed to appear in court, and a bench warrant is subsequently issued for their arrest.

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