Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
If you are about to be arrested anywhere in Florida, even if you think you are about to be arrested, it is not a smart idea to refuse or resist arrest. Resisting arrest in Florida is a crime and you can be punished for resisting arrest, even if you haven’t done anything wrong. An arrest […]
Recently, state representative for Howey-in-the-Hills, Anthony Sabatini, filed a bill in Florida named “constitutional carry” or HB 273, that would permit gun owners to be in possession of their weapons openly in public without the need for a license. This is possible at the moment in sixteen other states. It would permit a lawful gun […]
To get a search warrant in Florida, a law enforcer must submit a request for one from a magistrate or judge. The request needs to be accompanied by an affidavit which has been sworn by the officer involved in the request. This includes information that provides the foundation for probable cause for wanting the search […]
When we normally think of drug crimes they are typically linked to illegal products like cocaine, meth and heroin. These are minor when it comes to the illegal distribution of prescription drugs. Often people are apprehended and charged with illegally possessing a prescription drug under the terms ‘doctor shopping’ and ‘pill mill’ pain clinics. However, […]
An arrest takes place when police officers believe they should take a suspect into custody. It has officially taken place when the suspect is not able to walk away from the event freely. The Fourth Amendment in the U.S. Constitution authorizes an arrest only if the police officer has “probable cause” that a crime has […]
Security guards working in stores in Florida may detain a person if they suspect him/her of shoplifting, but only until the arrival of the police. In Florida, the law states that any merchant who can confirm probable cause that a retail theft has been committed by a person may detain the offender for a reasonable […]
The answer is a qualified “yes.” Florida has brought in a new law this year allowing school districts the option of arming teachers to try and prevent mass shootings in schools, or at least dealing with a shooter if such a situation arises. As schools open up for a new school year, though, it seems […]
Sexting is the name for what some people think is quite an innocuous practice. When consenting adults send each other saucy text messages, there is nothing legally wrong with it. Of course, it might become a nuisance, even intimidating, if you happen to be on the receiving end of a stream of unsolicited text messages, […]
We all know we shouldn’t lie. We are taught that by our parents, at school, in Church and by those who enforce the law. Few of us never, ever lie, but a lot of the time we tend to excuse our lying, thinking that there is a justification for it, or that it is only […]
Millions of people come to Florida every year for a vacation, visit relatives or friends or come on business. Many of these out of state visitors drive here from home, or rent a car when they arrive at one of Florida’s airports. One thing can lead to another and a night out might involve having […]
You are asleep in bed in your own home when you are suddenly woken up by a faint sound coming from another room in the house. You get up, pick up your handgun which you always have by the bed and quietly creep out into the corridor. There’s a movement at the other end of […]
Under Florida Law, petit theft is when someone takes or tries to take somebody else’s property which has a value below $300. In short, this means when someone takes another person’s property with the intention of not returning it so that the owner is deprived of having the item in his/her possession. To be convicted […]
Florida law is not sympathetic to people involved in prohibited drugs. There are severe penalties for all the different kinds of drug crimes, whether it is driving while under the influence of a prohibited drug, being in possession, or even distributing and selling to others. One thing which is a certainty in Florida it has […]
If a tax auditor has reason to believe that you have been involved in sales tax irregularities of any kind, then you may be contacted by an investigator. It is easy to say the wrong things if you discuss your finances with an investigator, especially if you didn’t expect a visit. If you incriminate yourself […]
A false allegation of domestic violence against a spouse, partner, family member or someone else close to you can lead to serious consequences. Even if a criminal charge laid against you is dismissed because of lack of evidence, it can still have a serious effect on your relationships, job and career. False charges of domestic […]
Florida has officially taken a hard stance on crime, and the consequences are immediate and severe. Governor Ron DeSantis has signed multiple laws that will dramatically impact how serious criminal cases are handled across the state. If you or someone you know is accused of certain crimes, everything just changed. THIS IS NOT A SMALL […]
Florida has passed a new law that will significantly change how driver’s licenses are issued starting January 1, 2027. Under this law, all Florida driver’s licenses and identification cards will include a designation reflecting the holder’s citizenship or legal status. While this may seem like a simple administrative update, it has serious implications, especially for […]
If you are being stopped by the police in Miami, Florida, what you do in the first few seconds can determine the outcome of your entire case. Whether it is a traffic stop, DUI investigation, or criminal investigation, knowing your rights is critical. At CriminalDefendant.com, we have been defending clients for over 35 years and […]
If you are driving 100 miles per hour or more, regardless of the posted speed limit, you are now subject to arrest. That means being taken to jail or having to bond out. Likewise, if you are driving 50 miles per hour or more over the posted speed limit, the result is the same: arrest, […]
It’s a question more and more people are asking: Can someone secretly record me in a grocery store, post it on TikTok, Instagram, and YouTube, and get away with it? With smartphones everywhere and social media turning everyday moments into viral content, many Floridians are shocked to discover themselves online without permission, without warning, and […]
Florida has enacted a significant change to its license-plate laws, and every driver needs to understand the consequences. As of October 1, 2025, under House Bill 253 and the amendment to Florida Statute 320.061, it is now a criminal offense for any object to block, cover, distort, or even slightly obscure any portion of a […]
If you or a loved one has been labeled as a sex offender in Florida, one of the most pressing questions is: Where can I live? In Miami-Dade County, residency restrictions are some of the strictest in the nation. The rules can be confusing between local ordinances and state law, and the consequences for violating […]
Road rage is a significant and dangerous problem on Florida’s roadways. With the state’s rapidly growing population, frequent tourism, and often congested highways, the potential for road rage incidents is higher than ever. Road rage, broadly defined, includes aggressive driving behaviors motivated by anger or frustration with other road users. These behaviors can range from […]