ARRESTED? INVESTIGATED?
ARRESTADO? INVESTIGADO?
Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
If you have been caught over the limit in Florida and you have been charged with DUI, you need to consider carefully your next move so that you don’t end up with the maximum penalty for such an offense. Florida treats DUI offenses seriously and even if you are a first time offender you could […]
Breaking the law in Florida sometimes happens quite unexpectedly, maybe an extra glass of wine at an office party, or a second or two losing attention on a cell phone resulting in a fatal crash. Whatever the offense, there are often consequences that have to be faced apart from the penalties imposed if convicted. In […]
There are almost always consequences if you get convicted of a felony in Florida but you won’t always know exactly what the penalty is likely to be until you go to court and the judge and jury decide. Before any decision is made, the prosecutor will have made up a sentencing score sheet just for […]
It’s hard to know just how many people have been wrongfully convicted across the U.S. over the last few decades. We are a little clearer about the numbers these days mainly because of the use of DNA technology, but the figures that we do know about since this was introduced back in 1989 may still […]
If you have been caught and arrested when involved with a crime, the chances are you will face a number of charges. If you are convicted you could end up in prison or doing jail time as well as been given a hefty fine to pay. Some penalties may involve you being forced to do […]
When a person is charged with a sex crime, sometimes the defendant probably wonders why the sexual engagement was really worthwhile when it comes to how devastating the impact is when labeled a sex criminal. As a way of preventing violent sexual acts, or repeat offending, legislators have passed laws that regulate where a sex […]
In the not too distant past, it was a crime to send a letter, post a notice in a newspaper or over the radio which involved a threat of violence, i.e. a threat to kill someone, or do them serious bodily injury. In Florida, statute 836.10 came into law back in 1913 and is still […]
Is it possible for a police officer to arrest you when outside his / her own jurisdiction? The answer is a qualified ‘yes,’ but there are definitely some circumstances when an out of jurisdiction detention could be considered unlawful. This doesn’t mean you can evade the law and get away with it, but it does […]
If someone is killed in an accident, whether it was caused by the driver running a red light or speeding, there is a good chance that the driver could be charged with vehicular manslaughter. This is a serious offense and could lead to a 15 year prison term. If you have been charged with vehicular […]
When thinking about a wrongful conviction you may well be thinking of the Netflix movie ‘Making a Murderer.’ While watching it you probably came up with an opinion as to whether the verdict should be guilty or not guilty. There is without a doubt most certainly a bone of contention about the outcome for the […]
Most criminal proceedings reach a conclusion based on indisputable evidence. Evidence comes in different forms, including DNA and bite marks. The use of bite-marks as evidence Throughout a criminal trial expert witnesses can be called upon to testify if the defendant left any teeth marks or lacerations on his or her victim. The expert witnesses […]
States can legally enforce their own state laws, but many overlap with federal laws. For example, when it comes to the manufacturing of drugs it is illegal under both federal and state law. Overall, if a federal law is broken, the penalties are far more severe than when a state law is broken and a […]
Something has happened regarding drunk driving in South Florida and everyone is scratching their heads trying to figure out why. It’s not bad news, in fact, it’s the quite the opposite. DUI arrests have dropped dramatically in and around the City of Miami as well as in Miami-Dade County since 2014. Only 594 people were […]
Getting your criminal record expunged or sealed is never an easy task. You probably assume that once you have completed all the paperwork and had it approved that that will be the end of the matter. It seems that it’s not as simple as that as there are some unscrupulous businesses preying on vulnerable people […]
The Florida Department of Highway Safety and Motor Vehicles put out a new ad earlier this year to try and stem the number of crashes that take place when drivers are stoned. ‘Drive Baked, Get Busted’ it says, but how easy really is it for police to spot a ‘baked’ driver and how easy really […]
A 17-year-old accused in a September 1 shooting at the Aquabella apartment complex in Hialeah appeared in adult bond court on Wednesday after prosecutors moved the case out of juvenile court. According to police, several young people had gathered to settle a dispute with a physical fight when shots were fired. No injuries were reported. […]
A Miami-Dade judge this week denied bond to a 33-year-old man arrested on charges of attempted murder and aggravated battery with a deadly weapon, along with drug charges, after a delivery driver was allegedly shot and pistol-whipped at an apartment complex near Dadeland early Monday morning. According to the arrest report, the driver was grazed […]
Dashcam video released this week shows a van striking the back of a stopped Miami-Dade Sheriff’s Office cruiser near Northwest 32nd Avenue and 79th Street. According to the arrest report, the 72-year-old driver then tried to hide an open alcohol container, and deputies ended the field sobriety exercises for his safety. He is charged with […]
Florida Driver Reportedly Had a .377 Alcohol Level: What a High BAC Means for Your DUI Case By Albert Quirantes, Esq. A recent Florida DUI arrest made headlines after a driver reportedly registered a blood alcohol concentration of .377, nearly five times Florida’s .08 threshold. That number gets attention. But as a criminal defense attorney, […]
What Is a Second-Degree Misdemeanor in Florida? A second-degree misdemeanor is Florida’s lowest misdemeanor classification. That does not make it a civil infraction or something that should be ignored. The charge can lead to jail, probation, a fine, and a criminal court record. It may also appear on background checks and create problems involving employment, […]
What Is a First-Degree Misdemeanor in Florida? A first-degree misdemeanor is the most serious misdemeanor classification under Florida law. It is not a felony, but it can still result in county jail, probation, a fine, and a criminal record that creates problems long after the court case ends. Common examples include simple battery, petit theft […]
What Is a Third-Degree Felony in Florida? A third-degree felony is Florida’s lowest felony classification, but the word “lowest” should not be confused with minor. A conviction can result in state prison, probation, a $5,000 fine, and a permanent felony record. It can also affect employment, professional licenses, housing, immigration status, and the right to […]
What Is a Second-Degree Felony in Florida? A second-degree felony is punishable by as much as 15 years in Florida State Prison. That makes it a serious criminal charge, even for someone who has never been arrested before. Examples include aggravated battery, manslaughter, vehicular homicide, unarmed burglary of a dwelling, certain theft and exploitation offenses, […]
