Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
Florida is warm to hot all year long and we who live here are used to it, but sometimes the heat can be a killer. Some of the most dangerous conditions that can easily arise are when a pet or small child is left alone inside a car with the windows closed. It’s not the […]
If you have been arrested for DUI in Florida you face a criminal charge and conviction, unless your case is dismissed because of lack of convincing evidence. As long as no-one was hurt or killed while you were allegedly intoxicated, the charge will be a misdemeanor, unless it is a fourth DUI arrest. The term […]
The fear of having one’s liberty taken away once you have been arrested can be a numbing experience. You suddenly feel bewildered and lost with no one to turn to. Once the arresting police offer has slapped handcuffs on, panic may set in. Here is some advice below if this ever happens to you. First […]
You may think you are safe in Florida once you have been approved for immigration. Don’t bank on it. Even if you have a Green Card you could face removal from the country if you are convicted of an offense. If you are accused of a crime as a non-citizen but you have lawful permanent […]
Sexual harassment in the workplace has become an important media focus. Several high profile accounts of sexual harassment have surfaced in the last few years, especially the entertainment industry and given rise to the #MeToo movement. What exactly is sexual harassment and can it be considered a crime? Currently, there is no such crime in […]
If you have been overstepping the mark with the law in Florida it could be the biggest mistake you have ever made as Florida has one of the harshest criminal justice systems in the nation. This is not just related to drug laws but also the use of weapons and firearms. When Florida realized that […]
There are many ways that an experienced criminal defense attorney can help defend you against a crime that you have been wrongly charged with. One of these is called the entrapment defense. Entrapment is a method sometimes used by police officers, normally undercover, to try and get a criminal conviction by helping someone commit a […]
The movies often use the phrase ‘double jeopardy’ to get the audience more involved in the plot. This in the end often baffles the viewers and they are no better informed as to what the term actually means. Double jeopardy – what does it really mean in Florida? The U.S. Constitution’s Fifth Amendment and Florida […]
Drivers often ask whether it is legal for police officers to stop them on whim and check their driver’s licenses. The answer is that like all police stops, there must be ‘probable cause’ that the driver has being doing something wrong. In other words, the officer who stops you and asks to see your license […]
If you were stopped by a police officer because he/ she said that there was a visible crack in your vehicle’s windshield, the stop may have been illegal. That means that anything the officer discovered during that stop may not be admissible in court if the officer decides that you had committed any other crime […]
The internet has opened up a can of worms when it comes to some types of crime. Communication with a minor could be misinterpreted as an arrangement to meet up to have sex. This is a very serious crime in Florida and if convicted, could lead to up to 15 years in prison. Even worse, […]
Shoplifting is sometimes called the “Five Finger Discount,” and in the public perception has a reputation as a minor crime. Young people often steal things from big stores as a dare. Older people just steal because they think they can get away with it, or they are poor. As a category of theft it is […]
Florida has finally caught up with the rest of the U.S. as far as legislation on texting and driving is concerned. Law enforcement officers can now stop or pull over a driver who they see is texting and driving and issue them with a warning. Until January 1st next year, those warnings, however many you […]
Possession of marijuana in Florida is a crime. The law may have changed in some other parts of the U.S., but it hasn’t here. If you are stopped by a police officer and s/he discovers you are in possession of a quantity of marijuana, it is likely that you will be arrested for possession. You […]
Interactions with police officers can be intimidating, even if you have nothing to feel guilty about. Police officers are trained to exert their authority and often act as if they have the power to make you do what they want you to do. There are circumstances in which it is important to know that as […]
The U.S. Attorney’s Office for the Southern District of Florida announced this week that two 27-year-old Miami men were sentenced to 121 months and 131 months in federal prison for roles in a conspiracy that distributed fentanyl, fentanyl analogues and cocaine in Miami-Dade County. According to the announcement, the case was built on sales to […]
Police say a heated disagreement over weights at an LA Fitness on West Flagler Street in Miami ended with an arrest this week. According to the arrest report, a 67-year-old man grabbed a dumbbell and struck another gym member on the side of the head and forearm. Officers found the alleged victim with a bump […]
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 […]