Posted on May 17, 2023 in Domestic Violence

Every couple argues, it is a simple fact of life. When those arguments escalate, things can quickly turn from a private matter to the police knocking at your door. Being arrested for a domestic violence charge can throw your entire life into turmoil, not just your relationship. Often, people that call the police on their partners do not realize the severity of doing so. What begins as a simple argument ends with criminal charges. These criminal charges can lead to a conviction, the potential of jail time, and fines, outcomes neither party wants for the other.

When someone is arrested for domestic violence, a stay away order is put in place to prevent the parties from contacting each other. It is imperative to comply with this order and any other conditions the judge might place on the person arrested. If any of these conditions are breached, the individual arrested for domestic violence risks violating the conditions of their bail and returning to jail. If the victim of domestic violence does not want the state attorney case to prosecute the case, contacting a criminal defense lawyer is the best way to have the stay-away order removed or modified.

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 Posted on May 17, 2023 in Drug Lawyers

Being arrested for drug possession in Miami can radically alter your life if you are found guilty. Possession of most controlled substances is considered a felony of the third degree, punishable by up to five years in prison and a fine of up to $5000. Here at Stroleny Law, we have handled hundreds of cases involving drug possession, and we are standing by to help you in your time of need. An arrest for drug possession does not have to ruin the rest of your life. Fortunately, there are many options, and one is to have your case diverted from the typical criminal court system to the Miami-Dade County Drug Court Program.

The program, established in 1989, provides the opportunity for defendants who have been identified as having substance abuse issues to have their case transferred from the ordinary course of prosecution to a court where the goal is rehabilitation through supervision by the drug court's presiding judge. This provides real help to those suffering from addiction and gives them the opportunity to graduate from the program with their case getting dismissed. The Drug Court program is typically offered to individuals charged with possessing or purchasing drugs, but before someone is accepted into the program, the State prosecutor must agree to allow the case to be diverted. Once accepted, the presiding judge will explain what is expected of the defendant while they are in the program. This includes regular urine tests, treatment, and court appearances. It is important to note that if a defendant does not comply with the conditions of the Drug Court Program, their case will return to the criminal court process, where a conviction could result in jail time.

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 Posted on January 17, 2023 in Domestic Violence

If you have been accused of domestic violence in Miami, you understand how quickly a small conversation with the police can turn into a life-changing event. Our clients frequently tell us they thought they would explain a misunderstanding to a police officer, only to find themselves in handcuffs minutes later. If you have been arrested for domestic violence in Miami, you need an experienced criminal defense attorney to represent your interests and obtain the best possible results in your case. Our criminal defense attorney, has represented hundreds of clients accused of domestic violence and is prepared to get you the best outcome when you need it the most.

Mr. Stroleny, Esq. started his career as a Miami Dade prosecutor, where he prosecuted individuals charged with battery and other violent crimes. Over a decade later, Mr. Stroleny, Esq. uses his experience within the justice system to vigorously defend those accused of domestic violence and other crimes. While similar results cannot be guaranteed, clients of Mr. Stroleny, Esq. rarely plead guilty to domestic violence charges and the great majority of his cases result in the charges being dismissed.

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 Posted on January 17, 2023 in Theft

Being arrested for petit theft in Miami can be embarrassing, and then there's the issue of handling the case in court. Once someone has been arrested for petit theft, it immediately creates a criminal record for the accused, and this arrest can have unexpected consequences. Our criminal defense attorney has handled hundreds of petit theft cases as a defense attorney and prosecutor. If you've been arrested for petit theft, speak with our theft crime attorney about how to get the charges dismissed and off your record for good.

Our clients come to our office with one of two versions of events. The arrest was due to a mistake, and they didn't intend to steal the goods; or, they admit they've never done anything like this in their lives, but for some reason, on that day, they decided to try their hand at stealing. We don't judge, and we want to help clients in both scenarios. While results can't be guaranteed, our clients rarely plead guilty to petit theft, and the great majority of our petit theft cases are dismissed.

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 Posted on January 17, 2023 in Drug Lawyers

If you or someone you know has been arrested for drug possession in Miami-Dade County, you've come to the right place. Our criminal defense lawyer has been on the front lines fighting drug possession cases while advocating for drug reform in Florida for over 10 years. Drug possession cases range from simple possession to trafficking, and our firm is passionate about helping clients navigate the difficult waters of a drug case.

The first step in a drug possession case is to plead not guilty and demand all evidence from the prosecutor. Once the prosecutor has turned over all evidence, your attorney will review the evidence with you and discuss a strategy based on the evidence. Defenses ranging from constructive possession to illegal search and seizure will be evaluated, and the best option for your individual case will be discussed. Don't make these decisions on your own, and a google search can't answer these questions for you; these are things that should only be decided by you and your Miami criminal defense lawyer.

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 Posted on May 01, 2020 in Criminal Defense Attorney Miami

If you have an open felony criminal case in Miami-Dade County and you've missed a court date, you may find yourself on the wrong end of an alias capias warrant. Don't worry, we've helped hundreds of defendants address alias capias warrants. As an experienced Miami criminal defense attorney, we frequently represent clients with alias capias warrants. While there are many factors to take into consideration, in most cases, we can negotiate with the Court to keep you out of jail or secure your release from jail if you're in custody.

How did I get an Alias Capias Warrant?

Most alias capias warrants are issued when clients miss a court date. Plain and simple. If you've been going to court for your case, the Court gave you a date to return, and you failed to show up. Additionally, your criminal defense lawyer and bondsman should have let you know about your upcoming court date. If you were recently arrested and have not yet been to court, you were mailed notice of your court date. If you didn't receive notice in the mail and didn't know of the court date, this information can be used to negotiate "setting aside" the alias capias warrant. Of course, this argument only works if you've proactively researched your case and bring it up with the court shortly after the alias capias was entered. Judges do not look kindly upon clients who knew they had a case, never got a letter in the mail, and then never looked themselves up and show up in court months or years later. Reasonably, judges do not like to hear that you knew you were arrested but took no action to stay informed about the case.

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 Posted on May 01, 2020 in Theft

You're shopping in a store, you're on your phone, you've got a million things going through your head, you forget you picked up an item, and you walk past the registers in the store. The next thing you know, you're being arrested for grand theft and placed into the back of a police car. It happens all too often and in our criminal defense office, we've seen every version of this nightmare. Approximately 30% of our practice is devoted to representing clients in criminal theft cases. If you've been arrested for grand theft, give our office a call. In most situations, we can get the charges dismissed.

Arrested When You Didn't Intend to Steal?

It is very common to learn during consultations that a prospective client was arrested even though they didn't intend to steal an item from the store. People make mistakes and can be forgetful, but in the case of grand theft, police officers will make the arrest and ignore the client's side of the story. When police officers show up to a business, they frequently take the side of the business owner and ignore the side of the client. The police also figure they can resolve the situation by making an arrest and moving on with their day. It's a terrible injustice when it happens but it happens all too often.

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 Posted on March 27, 2020 in Criminal Attorney

While both contain the word "warrant,"arrest warrants and search warrants are quite different from one another. Atour criminal defense firm, we are frequently asked about these two concepts atthe same time, so we thought we would address them in this blog post. If youhave further questions after reading this post, don't hesitate to contact ouroffice and speak with a criminal defense attorney about arrest warrants and/orsearch warrants.

Warrants in General

A warrant is a document issued by a judgeor grand jury, empowering law enforcement to conduct some type of activity thatwould typically violate someone's constitutional rights. In the case of anarrest warrant, police are authorized to arrest you. A search warrant allowslaw enforcement to search a particular location for specific evidence. Thereare many instances where law enforcement does not need a warrant to arrest orsearch you.

Arrest Warrants in Florida

Arrest warrants are issued by a grand juryor a judge when there is probable cause to believe that a crime was committedand that you are criminally responsible. To meet this probable cause burden,police officers must submit sworn statements in the form of affidavits. Theprobable cause in these affidavits can be based on the police officer'sobservations and/or information provided by witnesses. A judge will review theaffidavit(s) and determine whether the arrest warrant should be issued.

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 Posted on March 26, 2020 in DUI

If you or a loved one has recently been arrested for driving under the influence, or DUI, you may be wondering if DUI is a felony or a misdemeanor. In Florida, DUI is a charge that can be a felony or misdemeanor, depending on the facts of the case. Regardless of whether your specific DUI is a felony or misdemeanor, we know from our extensive experience as DUI lawyers in Miami that prosecutors often treat even misdemeanor DUIs as seriously as they do felonies.

Throughout the State of Florida,DUIs are prosecuted under Florida Statute 316.193.Under Florida Statute 316.193, a driver can be arrested for DUI if they are caughtdriving or in "actual physical control" of a vehicle while under the influenceof alcohol or any chemical substance, which includes illegal drugs, legallyprescribed drugs, and over-the-counter medications.

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 Posted on March 25, 2020 in Domestic Violence

Divorce lawyers and criminal defenselawyers know one thing for sure during a quarantine, domestic violence casesare going to be on the rise. Sadly, spikes in domestic violence happen whenpeople are locked inside a home because of natural disasters. Advice on thesubject from healthcare professionals is unanimous, if there are domesticviolence concerns in a house, get out!

Staying a Room Apart From One AnotherIs Not Enough

Some people think that when surviving aquarantine, it is enough to simply stay in different rooms. All the evidence isto the contrary. In a domestic violence situation, the distance between tworooms is not enough, and tensions are likely to erupt eventually. If there wasever a time to move in with family or a friend, to get you out of thesituation, now is the time. A situation that was already bad is not going toget better or even remain the same. Quarantine is like steroids for a domesticviolence problem.

This is Not Status Quo

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