Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
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 […]
Aggravated assault in Florida is a serious criminal act. Under Florida Stat. §784.021 anyone convicted of aggravated assault, a felony crime in the third degree, can be jailed for up to five years and pay a fine of up to $5,000. But what exactly is aggravated assault? What makes assault ‘aggravated’ and are there any […]
Pinellas County’s Attorney General has decided to settle on a manslaughter charge against the killer of Markeis McGlockton, Michael Drejka, but it is expected that Drejka’s attorneys will probably use Florida’s 2005 ‘stand your ground’ legislation to defend him. Drejka was involved in a deadly altercation in a car park outside a Clearwater convenience store […]
Probation is a way of avoiding jail if you have entered a plea of guilty or no contest or have been convicted of a crime in Florida. Generally, probation is granted to people who have a good attorney, are not considered dangerous and have up to that point had a clean record. If you violate […]
It’s an easy thing to happen. You got into an argument with someone in a bar who was annoying you. There wasn’t any violence, but the bar manager told you to leave. Fair enough. You weren’t keen on staying anyway. But then you find you left your wallet behind at the bar and go back […]
You may have have been arrested for criminal possession and are wondering just how you could have been charged when you didn’t have the items in your possession at the time. We at the law offices of Albert Quirantes – your Miami Criminal Defense Lawyers, can explain how the law works and how we can […]
Street racing, or drag racing, as it is also called, is a crime in Florida if it takes place on a public highway. What many people don’t realize is that it’s not just an offense to drive a car in a street race. You can be charged for being a passenger in a car that […]
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 […]